Cognizance of Offences under Sec 79 of IT Act - A Trap Lurking in the Shadows

Ye, most of you might have seen this question in Judicial Services or LL.M exams - Cognizance of offences under Section 79 of IT Act 2000. Simple, right? Just a straightforward question. But trust me, it's not that simple. Most people get caught up in understanding what makes an intermediary liable or not, and miss the crucial point that's hidden in plain sight. See, Sec 79 says that no person shall be liable for any third party content, but only if you're not aware of it. That's where most people go wrong. They think 'not aware' means you didn't actually know, but it's not about actual knowledge, it's about constructive knowledge. If you should have known, you are liable.