Act to have overriding effect
Section 81 of the Information Technology Act, 2000 deals with act to have overriding effect. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. The Act came into force on 17 Oct 2000.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
1 [Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957 (14 of 1957) or the Patents Act, 1970 (39 of 1970).]
Section 81, The Information Technology Act, 2000 (Act 21 of 2000).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sharat Babu Digumarti vs Govt of Nct of Delhi
Court's Decision & Legal Precedent
When an alleged offence pertains to obscene material in electronic form, the offence falls exclusively under the special provisions of the Information Technology Act, 2000 (specifically Sections 67, 67A, and 67B), and not under the general provisions of Section 292 of the Indian Penal Code. The IT Act, being a special enactment with specific provisions for electronic records and containing an overriding effect clause (Section 81), prevails over the IPC. Therefore, an accused who has been discharged from prosecution under Section 67 of the IT Act cannot subsequently be prosecuted under Section 292 IPC for the same conduct involving obscene material in electronic form. The principle that special laws prevail over general laws, particularly when both contain non-obstante clauses, mandates that the IT Act provisions apply to electronic records, and the protection and effect of Section 79 (intermediary protection) cannot be ignored or negated.
On this section: Overriding effect clause - provisions of IT Act shall have effect notwithstanding anything inconsistent in any other law. Court held this mandates IT Act provisions prevail over IPC for electronic records
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Myspace Inc. v. Super Cassettes Industries Ltd.
Court's Decision & Legal Precedent
IT Act s.79 safe harbour is not ousted by the s.81 proviso in copyright claims. Copyright Act s.51(a)(ii) for intermediaries requires actual knowledge of specific infringing URLs, not general awareness. Intermediaries need not pre-screen UGC; they must take down specified content within 36 hours of notice. Reverses the 2012 single-judge approach.
On this section: s.81 proviso does not oust s.79 in copyright actions against intermediaries.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 81
What have the courts held on Section 81 of the Information Technology Act?
Sharat Babu Digumarti vs Govt of Nct of Delhi (14 Dec 2016) is the leading judgment on this section among those set out below: Overriding effect clause - provisions of IT Act shall have effect notwithstanding anything inconsistent in any other law. Court held this mandates IT Act provisions prevail over IPC for electronic records. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court.
How do I find court cases under Section 81 of the Information Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IT Act 81, section 81 IT Act, section 81 of the Information Technology Act. People searching for it also type income tax act 81 and income tax act chapter 81 01. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sharat Babu Digumarti vs Govt of Nct of Delhi (14 Dec 2016).
When did Section 81 of the Information Technology Act come into force?
Section 81 of the Information Technology Act, cited as IT Act 81, came into force on 17 Oct 2000, having been enacted on 09 Jun 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1304 words
- 87. Power of Central Government to make rules877 words
- 43. Penalty and compensation for damage to computer, computer system, etc506 words
- 46. Power to adjudicate370 words
- 89. Power of Controller to make regulations345 words
- 70B. Indian Computer Emergency Response Team to serve as national agency for incident response326 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.