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Information Technology · Ch 4 — Cyber Law

Cyber Offences and Penalties under the IT Act

3

Cyber Offences and Penalties under the IT Act

What is punishable, and how

The IT Act (as amended in 2008) lists the main computer-related offences and their penalties. Some provisions impose civil liability (payment of compensation to the victim), while others impose criminal liability (imprisonment and/or fine). The most frequently studied provisions are summarised below.

SectionOffencePenalty (broad terms)
43Damage to a computer or computer system — unauthorised access, downloading, introducing a virus, causing damage or denial of accessLiable to pay compensation to the affected person (civil)
43AFailure of a body corporate to protect sensitive personal data, causing wrongful loss or gainLiable to pay compensation to the affected person (civil)
65Tampering with computer source documentsImprisonment up to 3 years, or fine up to Rs 2 lakh, or both
66Computer-related offences done dishonestly or fraudulently (includes hacking)Imprisonment up to 3 years, or fine up to Rs 5 lakh, or both
66BDishonestly receiving a stolen computer resource or communication deviceImprisonment up to 3 years, or fine up to Rs 1 lakh, or both
66CIdentity theft — fraudulent use of another's password, digital signature, or unique IDImprisonment up to 3 years and fine up to Rs 1 lakh
66DCheating by personation using a computer resourceImprisonment up to 3 years and fine up to Rs 1 lakh
66EViolation of privacy — capturing/publishing private images without consentImprisonment up to 3 years, or fine up to Rs 2 lakh, or both
66FCyber terrorismImprisonment which may extend to imprisonment for life
67Publishing or transmitting obscene material in electronic formImprisonment and fine (higher on repeat offence)
70Unauthorised access to a protected systemImprisonment up to 10 years and fine
72Breach of confidentiality and privacy by a person with lawful accessImprisonment up to 2 years, or fine up to Rs 1 lakh, or both

(Penalty figures are indicative of the standard provisions; the exact limits are set out in the Act itself and may vary with the nature and repetition of the offence.)

A note on the former Section 66A (historical) …
Definition 1Sensitive personal data

Personal information such as passwords, financial details, health records, and biometric data, which a body corporate holding it must prote …

Definition 2Protected system

A computer system notified by the government as critical (e.g. defence, banking infrastructure); unauthorised access to it is a serious …

Definition 3Cyber terrorism

Using computers or networks to threaten the unity, security, or sovereignty of the nation, or to strike terror in people; punishable up to imprisonment …