Key Legal Precedents & Judgements

A curated compendium of foundational Supreme Court and High Court judgements shaping Cyber Law, Electronic Evidence, Data Privacy, and Platform Governance in India.

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Cyber Law & Digital Free Speech

Supreme Court of India (2015)

Shreya Singhal v. Union of India

Struck down Section 66A of the IT Act as unconstitutional and violative of Article 19(1)(a). Established that intermediary liability for online content requires a court order or government directive under Section 79(3)(b).

Delhi High Court (2014)

SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra

India's first landmark cyber defamation suit where the court issued an injunction restraining an ex-employee from sending derogatory and defamatory emails to business partners.

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Electronic Evidence & Forensics (Sec 65B / BSA Sec 63)

Supreme Court (3-Judge Bench, 2020)

Arjun Panditrao Khotkar v. Kailash Gorantyal

Clarified the mandatory requirement of a certificate under Section 65B(4) of the Evidence Act as a condition precedent for admitting secondary electronic records (CDs, hard drives, printouts, chat exports).

Supreme Court of India (2005)

State (NCT of Delhi) v. Navjot Sandhu (Parliament Attack)

Landmark ruling on the admissibility of Call Detail Records (CDRs) and mobile electronic logs in criminal conspiracy investigations and technical forensic standards.

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Data Privacy & Fundamental Rights (DPDP Precedents)

Supreme Court (9-Judge Constitution Bench, 2017)

Justice K.S. Puttaswamy (Retd.) v. Union of India

Unanimously declared the right to privacy as a fundamental right protected under Article 21 and Part III of the Constitution, forming the constitutional bedrock for India's DPDP Act 2023.

Supreme Court of India (2020)

IAMAI v. Reserve Bank of India

Set aside the RBI circular banning banking services to cryptocurrency entities on grounds of proportionality, reinforcing statutory limits on administrative restrictions over digital commerce.

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Intermediary Liability & Platform Governance

Delhi High Court (2016)

MySpace Inc. v. Super Cassettes Industries Ltd.

Established that intermediaries are entitled to safe harbor under Section 79 of the IT Act unless they have specific actual knowledge of infringing content and fail to act expeditiously.

Supreme Court of India (2020)

Google India Pvt. Ltd. v. Visaka Industries

Addressed criminal liability of internet platforms for defamatory posts prior to the 2008 IT Act Amendment and analyzed due diligence standards for service providers.

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