Information Technology · Ch 4 — Cyber Law
Cyber Offences and Penalties under the IT Act
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.
| Section | Offence | Penalty (broad terms) |
|---|---|---|
| 43 | Damage to a computer or computer system — unauthorised access, downloading, introducing a virus, causing damage or denial of access | Liable to pay compensation to the affected person (civil) |
| 43A | Failure of a body corporate to protect sensitive personal data, causing wrongful loss or gain | Liable to pay compensation to the affected person (civil) |
| 65 | Tampering with computer source documents | Imprisonment up to 3 years, or fine up to Rs 2 lakh, or both |
| 66 | Computer-related offences done dishonestly or fraudulently (includes hacking) | Imprisonment up to 3 years, or fine up to Rs 5 lakh, or both |
| 66B | Dishonestly receiving a stolen computer resource or communication device | Imprisonment up to 3 years, or fine up to Rs 1 lakh, or both |
| 66C | Identity theft — fraudulent use of another's password, digital signature, or unique ID | Imprisonment up to 3 years and fine up to Rs 1 lakh |
| 66D | Cheating by personation using a computer resource | Imprisonment up to 3 years and fine up to Rs 1 lakh |
| 66E | Violation of privacy — capturing/publishing private images without consent | Imprisonment up to 3 years, or fine up to Rs 2 lakh, or both |
| 66F | Cyber terrorism | Imprisonment which may extend to imprisonment for life |
| 67 | Publishing or transmitting obscene material in electronic form | Imprisonment and fine (higher on repeat offence) |
| 70 | Unauthorised access to a protected system | Imprisonment up to 10 years and fine |
| 72 | Breach of confidentiality and privacy by a person with lawful access | Imprisonment 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) …
Personal information such as passwords, financial details, health records, and biometric data, which a body corporate holding it must prote …
A computer system notified by the government as critical (e.g. defence, banking infrastructure); unauthorised access to it is a serious …
Using computers or networks to threaten the unity, security, or sovereignty of the nation, or to strike terror in people; punishable up to imprisonment …