Cybercrime Punishment in INDIA | A to Z guide | Law House (2024)

Information Technology Act, 2000 and Information Technology Amendment Act, 2008 enacted the offences and punishment for cybercrime related matters in INDIA.

SectionsOffencesPunishment/Penalties
65Tampering with Computer Source Documents:
knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network
Imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
66Computer Related Offences: dishonestly or fraudulently does any act of hacking, spread virus, damage computer system or network, DDoS, tampering with or manipulating, deletes or alters any information, deletes or alters any information or source codeImprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both.
66APunishment for sending offensive messages through communication service
spread information for the purpose of annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will or to mislead the addressee or recipient about the origin of such messages
Punishable with imprisonment for a term which may extend to two three years and with fine.
66BPunishment for dishonestly receiving stolen computer resource or communication device
dishonestly receives or retains any stolen computer resource or communication device
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.
66CPunishment for identity theft.
fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person
Punished with 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.
66DPunishment for cheating by personation by using computer resource
by means of any communication device or computer resource cheats by personation
Punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.
66EPublishing private images of others
Intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circ*mstances violating the privacy of that person,
punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both
66FCyber Terrorism
Intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people
a. denial of access to any person authorized to access computer resource
b. penetrate or access a computer resource without authorisation c. introducing or causing to introduce any Computer Contaminant
punishable with imprisonment which may extend to imprisonment for life
67Publishing or transmitting obscene material in electronic form
transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circ*mstances, to read, see or hear the matter contained or embodied in it
first conviction with imprisonment of either description for a term which may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
67APublishing or transmitting of material containing sexually explicit act
Publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct.
Exception:
1. bona fide for religious purposes
2. does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form on the ground of interest of science, literature, art, or learning
shall be punished on first conviction with imprisonment of either description 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 or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
67BPublishing child p*rn or predating children online
publish sexual explicit acts,creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner. cultivates, entices or induces children to online relationship. facilitates abusing children online. records in any electronic form own abuse or that of others pertaining to sexually explicit act with children
punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees
Cybercrime Punishment in INDIA | A to Z guide | Law House (2024)
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