Penalties and offences under IT Act 2000
By Yogda Kakirde:-
In this era of internet and faster worldwide connectivity, crimes online have also increased rapidly. This has led to the need of laws for the protection. In order to keep its citizen protected from the online crime happening the Indian parliament has passed Information Technology Act 2000. this law defines all the offences happening on the internet as well as its penalties. This act it is the first legislation on technology, computer, E-Commerce and e-communication.
When the Act was passed in 2000’s this was a subject to do extensive debate review and criticism for some of its sections. Thus, there was a need for detailed amendment. Major industries were consulted and advisory groups were formed. This legislation was compared with similar legislation of other Nations. After a lot of analyzation, suggestion and after taking considerable administrative procedures the Act got amended and is known as Information Technology Act 2008. This amended act largely focus on data privacy, information security, making digital signature Technology neutral, defining reasonable security practices etc. The act extends to whole India as except as otherwise provided, it also applies to any offence their under committed outside India by any person. Now, let us shade some light on the sections of this act which deals with penalties and offences :-
Section 43 :- (Penalty for damages) so this section provides that any person damaging computer or network of the owner or any person in charge or downloads for copies any data then that person will be liable to pay compensation to the person so affected.
Section 44 :- (Reporting and documentation) when a person faila to furnish any document return, report to the controller aur certifying authority then he shall be liable to pay penalty up to rupees 150000 per failure. Further, if a person fails to furnish any information books or other documents within the prescribed time frame he or she would be imposed with the penalty of rupees 5000 for each day of the default. If a person doesn’t mean pain books or accounts or other records he or she would be forced to remit a Penalty of rupees 10000 per day.
Section 65 :- any person who tampers or destroys, conceals or alters any computer source document intentionally then he shall be liable to pay penalty upto rupees 200000 or imprisonment up to 3 years or both.
Section 66 :- This section deals with dishonesty and fraudulence. It says that any person committing any act as specified in section 43 e would be penalised rupees 500000 or imprisonment for 3 years.
Section 66 B of the act state that any person who dishonestly receive or retains any stolen computer resource or communication device would be penalised for rupees 100000 or impri3e Act states that any person dishonestly, or fraudulently make use of Electronic Signature, Password or any other Unique Identification Feature of any other person, then he shall be liable to pay penalty upto rupees 100000 aur imprisonment upto 3 years or both.
Section 66D any person dishonestly, or fraudulently by means of any communication device or computer resource cheats by personating, then he shall be liable to pay penalty upto rupees 100000 or Imprisonment upto 3 years, or both.
Section 66E of this act states that any person intentionally captures, publishes, or transmits image of private area of any person without consent, then he shall be liable to pay penalty upto rupees 200000 or Imprisonment upto 3 years, or both.
Section 66F states that any person does any act electronically, or with use of computer with intent to threaten unity, integrity, security, or sovereignty of India, then he shall punishable with Imprisonment for life.
Section 67:- Any person publishes, or transmits in electronic form any material which appeals to prurient interest, or if its effect is such as to tend to deprave and corrupts persons who are likely to read, see, or hear matter contained in it, then he shall be liable to pay penalty upto rupees 500000 or Imprisonment upto 3 years, or both, And in the event of second or subsequent conviction, he shall be liable to pay penalty upto rupess 1000000 or 5 years, or both.
Section 67A :- Any person publishes, or transmits in electronic form any material which contains sexually explicit act, or conduct, then he shall be liable to pay penalty upto rupees 1000000 or Imprisonment upto 5 years, or both, And in the event of second or subsequent conviction, he shall be liable to pay penalty upto rupees 10 lakh or Imprisonment upto 7 years, or both.
Section 68:- 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 and if any person who intentionally or knowingly fails to comply with the order, then he shall be liable to pay penalty upto rupees 100000 or Imprisonment upto 2 years, or both.
Section 73:- If any person publishes a Electronic Signature Certificate, or make it available to any other person with the knowledge that
Certifying Authority has not issued it, or
Subscriber has not accepted it, or
Certificate has been revoked or suspended
then he shall be liable to pay penalty upto rupees 100000 or Imprisonment upto 2 years,or both.
Section 74:- If any person knowingly creates, publishes, or otherwise makes available Electronic Signature Certificate for any fraudulent or unlawful purpose, then he shall be liable to pay penalty upto rupees 100000, or Imprisonment upto 2 years, or both.
Section 75:- If any person have committed an offence, or contravention committed outside India, and if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India, then the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality.
Section 76:- Any computer, computer system, floppies, compact disks, tape drives, or any other accessories related thereto, in respect of which any provision of this Act, rules, orders, or regulations made thereunder has been, or is being contravened, shall be liable to confiscation. However, if it is proved that such resources were not used in committing fraud then only person in default will be arrested.