Cyber Crimes or offences under the Information Technology Act, 2000 In India

The Information Technology Act, 2000 dealt with Computer related crimes in it’s Chapter – XI Offences (65-78) and for the same time Information Technology Act, 2000 amended the Indian Penal Code to cover the cyber crimes expressly.

Here in this chapter the offences along with the punishment provided in the Information Technology Act, 2000 are given below let us know what actually they are and if someone found on doing the offence what charges would be taken on you .

·         Tampering with computer source documents [Sec.65]

a.       Imprisonment up to three years, or with fine which may extend up to two lakh rupees, or both.

b.      Offence is cognizable and bailable.

c.       Case is triable by the court of Magistrate of first class.

·         Computer related offences [Sec.66]

a.       Imprisonment up to three year or with fine which may extend to three years or with fine which may extend up to five lakh rupees or both.

b.      Offence is cognizable and bailable.

c.       Case is triable by the court of Magistrate of first class .

·         Punishment for sending Offensive Message through Communication Service etc. [Sec. 66A]

a.       Imprisonment for a term which may extend to three years and with fine.

b.      Offence is cognizable and bailable.

c.       Case is triable by the court of Magistrate of first class .

·         Punishment for dishonestly receiving stolen computer resource or communication device [Sec.66B]

a.       Imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.

b.      Offence is cognizable and bailable.

c.       Case is triable by the court of Magistrate of first class .

·         Punishment for Identity Theft [Sec.66C]  

a.       Imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

b.      Offence is cognizable and bailable.

c.       Case is triable by the court of Magistrate of first class .

·         Punishment for cheating by personation by using computer resource [Sec.66D]

a.       Imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

b.      Offence is cognizable and bailable .

c.       Case is triable by the court of Magistrate of first class .

·         Punishment for violation of Privacy [Sec.66E]

a.       Imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

b.      Offence is cognizable and bailable .

c.       Case is triable by the court of Magistrate of first class.

·         Cyber Terrorism [Sec.66F]

a.       Imprisonment which may extend to imprisonment for life.

b.      Offence is cognizable and non-bailable .

c.       Case is triable by the court of Sessions.

·         Punishment for publishing or transmitting obscene material in electronic form  [Sec.67]

a.       Imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of  second attempt or subsequent conviction with imprisonment of either description of a term which might be extend up to five years and also with fine which may extend up to ten lakh rupees.

b.      Offence is cognizable and bailable for the first conviction and non-bailable for the second conviction.

c.       Case is triable by the court of Magistrate of first class.

·         Punishment for publishing or transmitting obscene material in electronic form  [Sec.67A]

a.       Imprisonment for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of  second attempt or subsequent conviction with imprisonment of either description for a term which might be extend up to seven years and also with fine which may extend up to ten lakh rupees.

b.      Offence is cognizable and non-bailable .

c.       Case is triable by the court of Magistrate of first class.

·         Punishment for publishing or transmitting depicting children in sexually explicit act, etc., in electronic form [Sec.67B]

a.       Imprisonment for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of  second attempt or subsequent conviction with imprisonment of either description for a term which might be extend up to seven years and also with fine which may extend up to ten lakh rupees.

b.      Offence is cognizable and non-bailable .

c.       Case is triable by the court of Magistrate of first class.

·         Preservation and retention of information by intermediaries [Sec.67C]

a.       Imprisonment for a term which may extend to three years and also be liable to fine.

b.      Offence is cognizable and bailable .

c.       Case is triable by the court of Magistrate of first class.

·         Power of the controller to give directions [Sec.68]

a.       Imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or both.

b.      Offence is non-cognizable and bailable .

c.       Case is triable by any Magistrate .

·         Power to issue directions for interception or monitoring or decryption of any information through any computer resource [Sec.69]

a.       Imprisonment for a term which may extend to seven years and also be liable to fine.

b.      Offence is cognizable and non-bailable .

c.       Case is triable by the court of Magistrate of first class.

·         Power to issue directions for blocking public access of any information through any computer resource [Sec.69A]

a.       Imprisonment for a term which may extend to seven years and also be liable to fine.

b.      Offence is cognizable and non-bailable .

c.       Case is triable by the court of Magistrate of first class.

·         Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security [Sec.69B]

a.       Imprisonment for a term which may extend to three years and also be liable to fine.

b.      Offence is cognizable and bailable .

c.       Case is triable by the court of Magistrate of first class.

Note :- Each of the Sections 69,69A, and 69B has been provided with separate set of procedural Rule under IT Act.

·         Un-authorized access to protected system [Sec.70]

a.       Imprisonment for a term which may extend to ten years and also be liable to fine.

b.      Offence is cognizable and non-bailable .

c.       Triable in the Court of Sessions.

·         Penalty for Misrepresentation [Sec.71]

a.       Imprisonment for a term which may extend two years, or with fine which may extend to one lakh rupees or both.

b.      Offence is non-cognizable and bailable .

c.       Triable by any Magistrate.

·         Penalty for breach of confidentiality and privacy [Sec.72]

a.       Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees or both.

b.      Offence is non-cognizable and bailable .

c.       Triable by any Magistrate.

·         Penalty for publishing Electronic Signature Certificate false in certain particulars [Sec.73]

a.       Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees or both.

b.      Offence is non-cognizable and bailable .

c.       Triable by any Magistrate.

·         Publication for fraudulent purpose [Sec.74]

a.       Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees or both.

b.      Offence is non-cognizable and bailable .

c.       Triable by any Magistrate.

# Offence related procedural provisions of the Information Technology Act,2000

·        Act to apply for offence or contravention committed outside India [Sec.75]

·        Confiscation [Sec.76]

·        Compensation, Penalties or confiscation not to interfere with other punishment [Sec.77]

·        Compounding of Offences [Sec.77A]

·        Offences with three years imprisonment to be bailable [Sec.77B]

·        Power to Investigate offences.[Sec.78]