Offences and Penalties under Information Technology Act, 2000

Purpose of Introduction

Information Technology Act, 2000 was enacted on 17^th May, 2000 to provide legal recognition for electronic transactions and facilitate E-Commerce. It was later amended by passing Information Technology (Amendment) Act, 2008.

The following are the important objectives of Information Technology Act, 2000 :

1. Grant legal recognition to E-Transactions
2. Provide legal recognition to Digital Signatures for authentication
3. Facilitate E-Filing of data and information
4. Allow Electronic storage of data
5. Grant recognition to maintenance of books of accounts in Electronic Form

Penalties, Compensation and Adjudication under Information Technology Act, 2000

Section 43: Where a person without the permission of owner or any other person-in-charge damage the Computer, or Computer System, or Computer Network, the he shall be liable for Penalty and Compensation to such person so affected.

Section 44: Where a person fails to furnish any document, return, report to the controller, or certifying authority, then he shall be liable to pay penalty upto Rs.1,50,000/- per failure. Further where a person fails to furnish any information, books or other documents within time specified, then he shall be liable to pay penalty upto Rs.5,000/- per day. Further provided that where a person fails to maintain books of accounts or other records, then he shall be liable to pay penalty upto Rs.10,000/- per day.

Offences under Information Technology Act, 2000

Section 65: Any person tamper, conceal, destroy, or alter any computer source document intentionally, then he shall be liable to pay penalty upto Rs.2,00,000/-, or Imprisonment upto 3 years, or both.

Section 66: Any person dishonestly, or fraudulently does any act as referred in Section 43, then he shall be liable to pay penalty upto Rs.5,00,000/-, or Imprisonment upto 3 years, or both.

Section 66B: Any person dishonestly, or fraudulently receives or retains any stolen computer resource or communication device, then he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 3 years, or both.

Section 66C: 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 Rs.1,00,000/-, or 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 Rs.1,00,000/-, or Imprisonment upto 3 years, or both.

Section 66E: 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 Rs.2,00,000/-, or Imprisonment upto 3 years, or both.

Section 66F: 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 coorupt persons who are likely to read, see, or hear matter contained in it, then he shall be liable to pay penalty upto Rs.5,00,000/-, or Imprisonment upto 3 years, or both, And in the event of second or subsequent conviction, he shall be liable to pay penalty upto Rs.10,00,000/-, or Imprisonment upto 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 Rs.10,00,000/-, or Imprisonment upto 5 years, or both, And in the event of second or subsequent conviction, he shall be liable to pay penalty upto Rs.10,00,000/-, 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 Rs.1,00,000/-, or Imprisonment upto 2 years, or both.

Section 69: Where the Central Government or a State Government or any of its officers specially authorized by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may with reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource, Any person who fails to comply with the order, then he shall be liable to Imprisonment of 7 years, along with the fine (amount of fine is not specified in the act).

Section 70: The appropriate Government may, by notification in the Official Gazette, declare any computer resource which directly or indirectly affects the facility of Critical Information Infrastructure, to be a protected system, Any person who fails to comply with the notification, then he shall be liable to Imprisonment of 10 years, along with the fine (amount of fine is not specified in the act).

Section 71: Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any License or Electronic Signature Certificate, as the case may be, then he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 2 years, or both.

Section 72: If any person who has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person, then he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 2 years, or both.

Section 72A: If any person who has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, then he shall be liable to pay penalty upto Rs.5,00,000/-, or Imprisonment upto 3 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 Rs.1,00,000/-, 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 Rs.1,00,000/-, 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.

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(This article is compiled by me and any correction and feedback would be greatly appreciated)