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Section 81: Act to have overriding effect

Information Technology Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 2000
Section 80 All 90 Sections of Information Technology Act Section 82

Legal Commentary & Landmark Judgments: Section 81

Section 81 enacts the non-obstante overriding effect of the Information Technology Act, 2000, declaring that the provisions of the Act shall have effect notwithstanding anything inconsistent contained in any other law, while explicitly protecting the statutory rights conferred by the Copyright Act and Patents Act.

  • Statutory Overriding Mandate: Explicitly overrides inconsistent provisions in any other central or state enactment, according paramountcy to IT Act procedures and evidentiary rules.
  • Harmonious Electronic Enablement: Ensures that modern digital processes, filings, and signatures prevail over outdated physical paperwork requirements in pre-existing statutes.
  • Express Proviso Preserving IP Rights: Contains a mandatory proviso stipulating that nothing in the Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957, or Patents Act, 1970.
Key Landmark Precedents:
  • Shreya Singhal v. Union of India (2015) 5 SCC 1: Supreme Court affirmed that Section 81 gives the IT Act overriding effect over general penal provisions, establishing that specialized cyber safe harbours control general criminal law.
  • Union of India v. G.M. Kokil 1984 Supp SCC 196: Supreme Court expounded on the comprehensive legal operation of non-obstante clauses in resolving legislative conflicts between specialized and general statutes.
  • Sarwan Singh v. Kasturi Lal (1977) 1 SCC 750: Supreme Court held that non-obstante clauses must be interpreted in light of the legislative object, giving primacy to the specialized enactment.
Courtroom Practice & Strategic Litigation Guidance:

In online copyright infringement litigation, use the Section 81 proviso to defeat an intermediary's claim of total immunity under Section 79; the proviso expressly preserves copyright holders' statutory rights under the Copyright Act, 1957 from being curtailed by the IT Act.

Section 80 All 90 Sections of Information Technology Act Section 82