CYBER CRIME AND INFORMATION TECHNOLOGY ACT 2000

Information Technology Act 2000: a short guide by DM Legal Services, Mulund, Mumbai.

Cybercrimes in India are governed by the Information Technology Act, 2000 (IT Act), along with relevant sections of the Indian Penal Code (IPC), 1860. Let’s explore some of the key sections applicable to various cyber offenses:

Tampering with Computer Source Documents (Section 65):
- If a person knowingly or intentionally conceals, destroys, alters, or causes another to do so with any computer source code used for a computer, computer program, system, or network (when such code is required to be maintained by law), they can face imprisonment of up to three years or a fine of up to ₹200,000 ¹.
Hacking with Computer System (Section 66):
- If someone intentionally destroys, deletes, alters, or affects information residing in a computer resource, causing wrongful loss or damage to the public or any person, they commit hacking. The penalty includes imprisonment of up to three years or a fine of up to ₹500,000 ¹.
Receiving Stolen Computer or Communication Device (Section 66B):
- Holding or retaining a computer resource or communication device known to be stolen or believed to be stolen can lead to imprisonment of up to three years or a fine of up to ₹100,000 ¹.
Using Password of Another Person (Section 66C):
- Fraudulently using someone else’s password, digital signature, or unique identification is punishable by imprisonment of up to three years or a fine of up to ₹100,000 ¹.
Cheating Using Computer Resource (Section 66D):
- If a person deceives someone using a computer resource or communication, they may face imprisonment of up to three years or a fine of up to ₹100,000 ¹.
Publishing Private Images of Others (Section 66E):
- Capturing, transmitting, or publishing images of a person’s private parts without their consent or knowledge can result in imprisonment of up to three years or a fine of up to ₹200,000 ¹.
Acts of Cyberterrorism (Section 66F):
- Denying authorized personnel access to a computer resource, accessing a protected system, or introducing contaminants with the intent to threaten India’s unity, integrity, sovereignty, or security constitutes cyberterrorism. The penalty includes imprisonment up to life ¹.
Publishing Obscene Information in Electronic Form (Section 67):
- If someone publishes or transmits lascivious material or content that tends to deprave and corrupt persons likely to read, see, or hear it, they can be penalized ¹.

Table of Contents

Important Points About the IT Act and Cyber Offences

Change in the general criminal law

This article refers to the Indian Penal Code, 1860. That Code has been replaced by the Bharatiya Nyaya Sanhita, 2023, which came into force on 1 July 2024, and the procedure is now governed by the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences such as cheating, extortion and criminal intimidation continue to apply to cyber cases, but under new section numbers. The Information Technology Act, 2000 continues to apply as a special law.

Section 66A was struck down

Section 66A, which punished sending offensive messages, was struck down as unconstitutional by the Supreme Court in Shreya Singhal v. Union of India (2015), because it violated the freedom of speech under Article 19(1)(a). A person cannot be prosecuted under that section today.

Who investigates and who decides compensation

Under Section 78 of the Act, an offence under the Act is investigated by a police officer not below the rank of Inspector. A person who suffers loss because of unauthorised access, data theft or a virus can claim compensation under Section 43. Claims up to five crore rupees are heard by the Adjudicating Officer appointed under Section 46, and claims above that amount go to the civil court. Appeals from the Adjudicating Officer lie to the appellate tribunal.

Intermediary liability

Section 79 gives social media platforms and other intermediaries a safe harbour from liability for content posted by users, provided they follow due diligence rules and remove unlawful content after receiving proper notice or a court order. A victim of a defamatory or obscene post can therefore ask the platform and the police to act.

This note is for general information only and is not legal advice.

In short, Information Technology Act 2000 is a subject where early legal advice helps. If you are affected by Information Technology Act 2000, speak to an advocate who can look at your documents and explain your options.

Information Technology Act 2000: Legal Help in Mulund, Mumbai and Thane

If you have questions about Information Technology Act 2000, the team at DM Legal Services in Mulund can explain your options. We assist clients across Mulund, Mumbai and Thane. See our criminal law services or send us your legal question. You can also read the law on India Code. This article is general information and not legal advice.

CYBER CRIME AND INFORMATION TECHNOLOGY ACT 2000

Important Points About the IT Act and Cyber Offences

Change in the general criminal law

Section 66A was struck down

Who investigates and who decides compensation

Intermediary liability

Information Technology Act 2000: Legal Help in Mulund, Mumbai and Thane

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