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]
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