What are the cybercrime provisions under the Information Technology Act 2000?
What are the cybercrime provisions under the Information Technology Act 2000?
The Information Technology Act, 2000 (IT Act, 2000) in India, addresses cybercrime through various provisions. Here’s a summary of key sections:
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Section 43: Penalties for damage to computer, computer system, etc.
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This section deals with penalties for unauthorized access and damage to computer systems. If someone accesses a computer system without permission and causes damage by way of, for example, copying data, introducing viruses, or disrupting access, they are liable to pay damages as compensation to the affected party.
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Section 65: Tampering with computer source documents.
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Addresses tampering with computer source code. If someone intentionally conceals, destroys, or alters any computer source code used for a computer, computer program, or computer system, they can face imprisonment up to three years, or a fine up to ₹2,00,000, or both.
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Section 66: Hacking with computer system.
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This section defines hacking as acts done with the intent to cause or knowing that it is likely to cause wrongful loss or damage to the public or any person, damages or destroys any computer resource, or diminishes its value or utility injuriously. The penalty is imprisonment up to three years, or a fine up to ₹5,00,000, or both.
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Section 66A (Struck Down by Supreme Court): Sending offensive messages through communication service, etc.
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Note: Section 66A was struck down by the Supreme Court of India in 2015 in the Shreya Singhal v. Union of India case (Indian Kanoon) . This section had dealt with the punishment for sending offensive messages through communication services.
(The Hindu)
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Section 66B: Dishonestly receiving stolen computer resource or communication device.
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If someone dishonestly receives or retains any stolen computer resource or communication device knowing it to be stolen, they can be imprisoned for up to three years, or fined up to ₹1,00,000, or both.
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Section 66C: Identity theft.
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Punishes the use of someone else's identity information dishonestly or fraudulently. The penalty is imprisonment up to three years and a fine up to ₹1,00,000.
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Section 66D: Cheating by personation by using computer resource.
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Addresses cheating by impersonation using a computer resource, which can lead to imprisonment up to three years and a fine up to ₹1,00,000.
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Section 66E: Violation of privacy.
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Capturing, publishing, or transmitting images of a private area of any person without consent is punishable with imprisonment up to three years or a fine up to ₹2,00,000, or both.
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Section 66F: Cyber terrorism.
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Defines cyber terrorism as acts intended to threaten the unity, integrity, security, or sovereignty of India, or to strike terror in the people or any section of the people by:
- Denying access to a computer resource or attempting to do so.
- Introducing or causing to introduce a computer contaminant into a computer resource.
- Damaging or causing to damage any computer resource.
- Disrupting or causing disruption of essential services.
The punishment is imprisonment which may extend to imprisonment for life.
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Section 67: Publishing or transmitting obscene material in electronic form.
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Deals with the publication or transmission of obscene material in electronic form. The penalty for the first conviction is imprisonment up to three years and a fine up to ₹5,00,000. For subsequent convictions, the imprisonment can extend up to five years, and the fine can extend up to ₹10,00,000.
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Section 67A: Publishing or transmitting material containing sexually explicit act, etc., in electronic form.
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Addresses the publication or transmission of material containing sexually explicit acts. The punishment includes imprisonment up to five years and a fine up to ₹10,00,000 for the first conviction, and imprisonment up to seven years and a fine up to ₹10,00,000 for subsequent convictions.
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Section 67B: Publishing or transmitting material depicting children in sexually explicit act, etc., in electronic form.
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Deals with the publication or transmission of material depicting children in sexually explicit acts. Penalties vary based on the specific nature of the offense, including imprisonment and fines.
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Section 70: Protected system.
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The appropriate government may declare any computer resource which is a part of the infrastructure of the government and the disruption of which shall have an impact upon the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or on economic activity, to be a protected system.
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Section 72: Breach of confidentiality and privacy.
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Penalties for disclosing information without consent, with imprisonment up to two years, or a fine up to ₹1,00,000, or both.
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