Section 81
Act to Have Overriding Effect
Original Text
Simplified
Common Queries
Legal Evolution
Section 81 was in the original IT Act 2000 and remains unchanged. The non obstante clause is standard for major reforming legislation in India — the Companies Act, SARFAESI Act, and Insolvency and Bankruptcy Code all contain similar overriding provisions. The specific carve-out for Copyright and Patents Acts reflects the legislature's recognition that IP rights should not be inadvertently subordinated to the new cyber law framework.
Key Amendments
Unchanged from the original IT Act 2000.
Section 81A added by the 2008 Amendment dealing with electronic cheques — extends the Act's scope without modifying Section 81's overriding provision.
Landmark Precedents
Shreya Singhal v. Union of India (2015)
In striking down Section 66A, the Supreme Court confirmed that Section 81's overriding effect operates between statutes, not against constitutional rights — the IT Act itself must be consistent with the Constitution.