A non-legal cyber law observer, in his ignorance about the law making and its enforcement aspects, is spreading wrong and false information about the proposed Information Technology Amendment Act, 2008 (Act 2008). He is claiming that the proposed Act 2008 has been “notified”. This is false information and should be outrightly ignored. The cyber law observers must consult the only authentic source of information in this regard.

For the sake of clarity, we consulted Mr. Praveen Dalal, Managing Partner of Perry4Law and also the leading Techno-Legal Expert of India. He clarified that the proposed Act 2008 is “Not Notified” yet. According to him, the Information Technology Act, 2000 (IT Act, 2000) is still “Unamended” and governs the legal rights and liabilities. Repelling the fear of many netizens he informed that no rights and liabilities can be claimed under the Act 2008 till it is notified by the Central Government U/S 1(2) of the Act 2008. Even As per the governmental sources, the Act 2008 has not yet been notified.

Citing a recent example he informed that the government of India (GOI) has decided to leave out of the just-amended Criminal Procedure Code (CrPC) by not “notifying” it. A notification is a mandatory process for any legislation to become effective. The CrPC (Amendment) Act, 2008 was passed by Parliament in December last year and got the Presidential assent in January this year. Even the proposed Act 2008 has been dealt with in similar manner. The government may bring in a couple of changes in the CrPC (Amendment) Act, 2008, in the next Parliament session. The call will, however, be taken by the new government.

It seems similar treatment would be