Offences & Penalties under the IT Act, 2000

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Offences & Penalties under the IT Act, 2000

The word ‘cybercrime’ has not been mentioned in Information Technology Act, 2000. It can be defined as a crime in which a computer is the object of the crime for hacking, phishing, spamming or used as a tool to commit an offence like child pornography, hate crime, etc.

Chapter X (Sections 65 to 74) contains various offences and prescribes for the offences. Various offences and their punishments are presented in chart form:-

SectionOffencePunishment
Sec 65Tampering with Computer Source Code Imprisonment upto 3 years or fine upto Rs. 2 lakhs or both
Sec 66Computer Related Offences Imprisonment upto 3 years or fine upto 5 lakhs or both
Sec 66-BDishonestly receiving stolen computer resource or communication deviceImprisonment upto 3 years and/or fine upto 1 lakh
Sec 66-CIdentity TheftImprisonment of either description upto 3 years and fine upto 1 lakh
Section 66-DCheating by personation by using computer resorceImprisonment of either description upto 3 years and fine upto 1 lakh
Section 66-EViolation of PrivacyImprisonment of either description upto 3 years and fine upto 2 lakh
Section 66-FCyber TerrorismImprisonment which may extend to imprisonment for Life
Sec 67Publishing or transmitting obscene material in electronic formOn first conviction, imprisonment upto 5 years and fine upto Rs 10 lakhs
On subsequent Conviction imprisonment upto 5 years and fine upto Rs. 10 lakh
Sec 67-APublishing or transmitting of material containing the sexually explicit act, etc., in electronic formOn first conviction, imprisonment upto 5 years and fine upto Rs 10 lakhs
On subsequent Conviction imprisonment upto 7 years and fine upto Rs. 10 lakh
Sec 67-BPublishing or transmitting of material depicting children in sexually explicit act etc. in electronic formOn first conviction, imprisonment of either description upto 5 years and fine upto Rs 10 lakhs
On subsequent Conviction imprisonment upto 7 years and fine upto Rs. 10 lakh
Sec 67-CIntermediary internationally or knowing contravening the directions about preservation and retention of informationImprisonment upto 3 years and fine
Sec 73Publishing electronic Signature Certificates false in certain particulars Imprisonment upto 2 years and/or fine upto Rs. 1 lakh
Sec 74 Publication for a fraudulent purpose Imprisonment upto 2 years and/or fine upto Rs. 1 lakh

Information Technology adds a new dimension to criminal law, presenting many challenges for law enforcement. At the front of law enforcement concern is the necessity to secure adequate training to combat these crimes. The Offences & Penalties under the IT Act, 2000 is read with the other statues like Indian Penal Code, etc.

Also Read: CYBER SEXUAL HARASSMENT LAWS IN INDIA

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