CyberCrime Laws in India

In India, the Information Technology Act 2000 is primary law dealing with CyberCrimes and E-commerce. It is based on the United Nations Model Law on Electronic Commerce 1996(UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997.

Short Information

Law IT ACT 2000
Enacted byParliament of India
Date enacted 9 June 2000
Date assented to9 June 2000
Date signed9 May 2000
Date commenced17 October 2000
Amends IT (Amendment) Act 2008
Status:In force

Offences and Corresponding Penalities

65Tampering with computer source documentsIf a person 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, when the computer source code is required to be kept or maintained by law for the time being in force.Imprisonment up to three years, or/and with fine up to 200,000
66Hacking with computer systemIf a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.Imprisonment up to three years, or/and with fine up to 500,000
66BReceiving stolen computer or communication deviceA person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen.Imprisonment up to three years, or/and with fine up to 100,000
66CUsing password of another personA person fradulently uses the password, digital signature or other unique identification of another person.Imprisonment up to three years, or/and with fine up to 100,000
66DCheating using computer resourceIf a person cheats someone using a computer resource or communication.Imprisonment up to three years, or/and with fine up to 100,000
66EPublishing private images of othersIf a person captures, transmits or publishes images of a person’s private parts without his/her consent or knowledge.Imprisonment up to three years, or/and with fine up to 200,000
66FActs of cyberterrorismIf a person denies access to an authorised personnel to a computer resource, accesses a protected system or introduces contaminant into a system, with the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyberterrorism.Imprisonment up to life.
67Publishing information which is obscene in electronic form.If a person publishes or 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 circumstances, to read, see or hear the matter contained or embodied in it.Imprisonment up to five years, or/and with fine up to 1,000,000
67APublishing images containing sexual actsIf a person publishes or transmits images containing a sexual explicit act or conduct.Imprisonment up to seven years, or/and with fine up to 1,000,000
67BPublishing child porn or predating children onlineIf a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child into a sexual act. A child is defined as anyone under 18.Imprisonment up to five years, or/and with fine up to 1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to 1,000,000 on second conviction.
67CFailure to maintain recordsPersons deemed as intermediatary (such as an ISP) must maintain required records for stipulated time. Failure is an offence.Imprisonment up to three years, or/and with fine.
68Failure/refusal to comply with ordersThe Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder. Any person who fails to comply with any such order shall be guilty of an offence.Imprisonment up to three years, or/and with fine up to 200,000
69Failure/refusal to decrypt dataIf the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.Imprisonment up to seven years and possible fine.
70Securing access or attempting to secure access to a protected systemThe appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system.

The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offence.

Imprisonment up to ten years, or/and with fine.
71MisrepresentationIf anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate.

Leave a Reply

Your email address will not be published. Required fields are marked *