Cyber Laws in India- Kuber Law Firm

In India, cyber crimes are primarily governed by the Information Technology Act, 2000 (IT Act, 2000) and relevant provisions in the Indian Penal Code (IPC). Below are the key sections dealing with cyber crimes:

Under the Information Technology (IT) Act, 2000 (Amended in 2008):

  1. Section 43 – Unauthorized access, downloading, introducing virus, damaging data, denial of access, disrupting a system, etc.
    • Penalty: Compensation to the affected party.
  2. Section 66 – Hacking or dishonestly causing damage to a computer system.
    • Penalty: Imprisonment up to 3 years, or fine up to ₹5 lakh, or both.
  3. Section 66A – Punishment for sending offensive or false messages through communication services (Struck down by Supreme Court in 2015).
  4. Section 66B – Punishment for dishonestly receiving stolen computer resources or communication devices.
    • Penalty: Imprisonment up to 3 years, or fine up to ₹1 lakh, or both.
  5. Section 66C – Identity theft (fraudulently using someone’s digital signature, password, etc.).
    • Penalty: Imprisonment up to 3 years, or fine up to ₹1 lakh, or both.
  6. Section 66D – Cheating by impersonation using computer resources.
    • Penalty: Imprisonment up to 3 years, or fine up to ₹1 lakh, or both.
  7. Section 66E – Violation of privacy (capturing, publishing images of private areas without consent).
    • Penalty: Imprisonment up to 3 years, or fine up to ₹2 lakh, or both.
  8. Section 66F – Cyber terrorism (unauthorized access to critical infrastructure systems, threatening sovereignty, unity, and security of India).
    • Penalty: Life imprisonment.
  9. Section 67 – Publishing obscene material in electronic form.
    • Penalty: Imprisonment up to 5 years, fine up to ₹10 lakh, or both.
  10. Section 67A – Publishing sexually explicit material.
    • Penalty: Imprisonment up to 7 years, fine up to ₹10 lakh, or both.
  11. Section 67B – Child pornography (publishing, browsing, downloading, etc.).
    • Penalty: Imprisonment up to 7 years, fine up to ₹10 lakh, or both.
  12. Section 69 – Government’s power to intercept, monitor, or decrypt information in the interest of national security.
  13. Section 70 – Protection of critical information infrastructure and penalties for unauthorized access.
  14. Section 72 – Breach of confidentiality and privacy by an intermediary or authority.
    • Penalty: Imprisonment up to 2 years, or fine up to ₹1 lakh, or both.
  15. Section 74 – Digital signature certificate fraud.
    • Penalty: Imprisonment up to 2 years, or fine up to ₹1 lakh, or both.

Under the Indian Penal Code (IPC):

  1. Section 354D – Cyberstalking (following a person online, monitoring their activities).
    • Penalty: Imprisonment up to 3 years and fine (for first offense).
  2. Section 419 – Punishment for cheating by impersonation (including online fraud).
    • Penalty: Imprisonment up to 3 years, or fine, or both.
  3. Section 420 – Cheating and dishonestly inducing delivery of property (online scams, phishing).
    • Penalty: Imprisonment up to 7 years, or fine, or both.
  4. Section 500 – Defamation using digital means.
    • Penalty: Imprisonment up to 2 years, or fine, or both.
  5. Section 503 – Criminal intimidation using electronic means.
  6. Section 506 – Punishment for criminal intimidation (cyber threats).
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