Penalties and Offences under the IT Act, 2000

Penalties and Offences under the IT Act, 2000

By Kosha Doshi:-

In India, cyber laws are contained in the Information Technology Act, 2000 (“IT Act”) which came into force on October 17, 2000. The main purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government.

The following Act, Rules and Regulations are covered under cyber laws:
1. Information Technology Act, 2000
2. Information Technology (Certifying Authorities) Rules, 2000
3. Information Technology (Security Procedure) Rules, 2004
4. Information Technology (Certifying Authority) Regulations, 2001

Section 43 – Damage to computer, computer system, etc.- Compensation not exceeding one crore rupees to the person so affected.

Section 43A – Body corporate failure to protect data- Compensation not exceeding five crore rupees to the person so affected.

Section 44(a) – Failure to furnish document, return or report to the Controller or the Certifying Authority- Penalty not exceeding one lakh and fifty thousand rupees for each such failure.

Section 44(b) – Failure to file any return or furnish any information, books or documents within the time specified – Penalty not exceeding fifty thousand rupees for everyday during which such failure continues.

Section 44(c) – Failure to maintain books of account on records – Penalty not exceeding ten thousand rupees for everyday during which the failure continues.

Section 45- Where no penalty has been separately provided – Compensation not exceeding twenty-five thousand rupees to the person so affected by such contravention or a penalty not exceeding twenty-five thousand rupees.

Section 65- Tampering with computer source documents – Imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Section 66- Hacking with computer systems, data alteration – Imprisonment up to three years, or with fine which may extend up to five lakh rupees, or with both.

Section 66A – Sending offensive messages through communication service etc. – Imprisonment up to three years, with fine.

the Court’s decision to strike down Section 66A of the Information Technology Act (“IT Act”), 2000,

Section 66B – Retains any stolen computer resource or communication device – Imprisonment up to three years, or with fine which may extend up to one lakh rupees, or with both.

Section 66C– Fraudulent use of electronic signature – Imprisonment up to three years and liable with fine which may extend up to one lakh rupees.

Section 66D – Cheats by impersonating by using computer resource – Imprisonment for a term up to three years and a fine which may extend up to one lakh rupees.

Section 66E – Publishing obscene images – Imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Section 66F – Cyber terrorism – Imprisonment which may extend to imprisonment for life.

Section 67 – Publishes or transmits unwanted material – Imprisonment up to three years and with a fine which may extend up to five lakh rupees. 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.

Section 67A– Publishes or transmits sexually explicit material – – Imprisonment up to five years and with a fine which may extend up to ten lakh rupees. In the event of a 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.

Section 67B – Abusing children online – – Imprisonment up to five years and with a fine which may extend up to ten lakh rupees. In the event of a 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.

Section 67C – Preservation of information by intermediary – Imprisonment for a term which may extend to three years and a fine.

Section 70 – Unauthorized access to protected system – Imprisonment for a term which may extend to ten years and a fine.

Section 71 – Misrepresentation to the Controller or the Certifying Authority for obtaining license or Electronic Signature Certificate – Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 72 – Breach of confidentiality and privacy – Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 72A – Disclosure of information in breach of contract – Imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.

Section 73 & 74 – Publishing false digital signature certificates – Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.