All offences and Penalties Under Information Technology Act 2002

Below is the list of all offences and penalties under Information Technology Act, 2006

Section 65

Offence : Tampering with computer source documents

Section Description

If 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.

Punishment

Imprisonment up to three years, or/and with fine up to ₹200,000

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Section 66

Offence : Hacking with computer system

Section Description

If 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.

Punishment

Imprisonment up to three years, or/and with fine up to ₹500,000

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Section 66B

Offence : Receiving stolen computer or communication device

Section Description

A 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.

Punishment

Imprisonment up to three years, or/and with fine up to ₹100,000

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Section 66C

Offence : Using password of another person

Section Description

A person fraudulently uses the password, digital signature or other unique identification of another person.

Punishment

Imprisonment up to three years, or/and with fine up to ₹100,000

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Section 66D

Offence : Cheating using computer resource

Section Description

If a person cheats someone using a computer resource or communication.

Punishment

Imprisonment up to three years, or/and with fine up to ₹100,000

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Section 66E

Offence : Publishing private images of others

Section Description

If a person captures, transmits or publishes images of a person's private parts without his/her consent or knowledge.

Punishment

Imprisonment up to three years, or/and with fine up to ₹200,000

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Section 66F

Offence : Acts of cyber terrorism

Section Description

If 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.

Punishment

Imprisonment up to life.

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Section 67

Offence : Publishing information which is obscene in electronic form.

Section Description

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.

Punishment

Imprisonment up to five years, or/and with fine up to ₹1,000,000

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Section 67A

Offence : Publishing images containing sexual acts

Section Description

If a person publishes or transmits images containing a sexual explicit act or conduct.

Punishment

Imprisonment up to seven years, or/and with fine up to ₹1,000,000

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Section 66B

Offence : Publishing child porn or predating children online

Section Description

If 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.

Punishment

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.

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Section 66C

Offence : Failure to maintain records

Section Description

Persons deemed as intermediatary (such as an ISP) must maintain required records for stipulated time. Failure is an offence.

Punishment

Imprisonment up to three years, or/and with fine.

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Section 68

Offence : Failure/refusal to comply with orders

Section Description

The 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.

Punishment

Imprisonment up to 2 years, or/and with fine up to ₹100,000

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Section 69

Offence : Failure/refusal to decrypt data

Section Description

If 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 States 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.

Punishment

Imprisonment up to seven years and possible fine.

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Section 70

Offence : Securing access or attempting to secure access to a protected system

Section Description

The 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.

Punishment

Imprisonment up to ten years, or/and with fine.

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Section 71

Offence : Misrepresentation

Section Description

If 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.

Punishment

Imprisonment up to 2 years, or/and with fine up to ₹100,000

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