- The fraud did by manipulating computer network.
- Industrial spying and access to or theft of computer materials.
- Writing or spreading computer viruses or malware.
- Digitally distributing child pornography.
- Intellectual property theft that includes software piracy.
- We are living in highly digitalized world.
- All companies depend upon their computer networks and keep their valuable data in electronic form.
- Government forms including income tax returns, company law forms etc are now filled in electronic form.
- Consumers are increasingly using credit cards for shopping.
- Most people are using email, cell phones and SMS messages for communication.
- Even in "non-cyber crime" cases, important evidence is found in computers/ cell phones e.g. in cases of divorce, murder, kidnapping, organized crime, terrorist operations, counterfeit currency etc.
- Since it touches all the aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace therefore Cyber law is extremely important.
- The Government can simply impose a stricter liability (by way of imprisonment and fines) if the crime is committed using certain specified technologies. A simplified example would be stating that spreading pornography by electronic means should be punished more severely than spreading pornography by conventional means.
- Using cyber laws, one can seek help and recourse from cybercriminal activities such as data theft, identity theft, credit card fraud, malware attacks, the list goes on.
Section | Offence | Punishment | Bailability and Congizability |
65 | Tampering with Computer Source Code | Imprisonment up to 3 years or fine up to Rs 2 lakhs | Offence is Bailable, Cognizable and triable by Court of JMFC. |
66 | Computer Related Offences | Imprisonment up to 3 years or fine up to Rs 5 lakhs | Offence is Bailable, Cognizable and |
66-A | Sending offensive messages through Communication service, etc... | Imprisonment up to 3 years and fine | Offence is Bailable, Cognizable and triable by Court of JMFC |
66-B | Dishonestly receiving stolen computer resource or communication device | Imprisonment up to 3 years and/or fine up to Rs. 1 lakh | Offence is Bailable, Cognizable and triable by Court of JMFC |
66-C | Identity Theft | Imprisonment of either description up to 3 years and/or fine up to Rs. 1 lakh | Offence is Bailable, Cognizable and triable by Court of JMFC |
66-D | Cheating by Personation by using computer resource | Imprisonment of either description up to 3 years and /or fine up to Rs. 1 lakh | Offence is Bailable, Cognizable and triable by Court of JMFC |
66-E | Violation of Privacy | Imprisonment up to 3 years and /or fine up to Rs. 2 lakh | Offence is Bailable, Cognizable and triable by Court of JMFC |
66-F | Cyber Terrorism | Imprisonment extend to imprisonment for Life | Offence is Non-Bailable, Cognizable and triable by Court of Sessions |
67 | Publishing or transmitting obscene material in electronic form | On first Conviction, imprisonment up to 3 years and/or fine up to Rs. 5 lakh On Subsequent Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh | Offence is Bailable, Cognizable and triable by Court of JMFC |
67-A | Publishing or transmitting of material containing sexually explicit act, etc... in electronic form | On first Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment up to 7 years and/or fine up to Rs. 10 lakh | Offence is Non-Bailable, Cognizable and triable by Court of JMFC |
67-B | Publishing or transmitting of material depicting children in sexually explicit act etc., in electronic form | On first Conviction imprisonment of either description up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment of either description up to 7 years and/or fine up to Rs. 10 lakh | Offence is Non Bailable, Cognizable and triable by Court of JMFC |
67-C | Intermediary intentionally or knowingly contravening the directions about Preservation and retention of information | Imprisonment up to 3 years and fine | Offence is Bailable, Cognizable. |
68 | Failure to comply with the directions given by Controller | Imprisonment up to 2 years and/or fine up to Rs. 1 lakh | Offence is Bailable, Non-Cognizable. |
69 | Failure to assist the agency referred to in sub section (3) in regard interception or monitoring or decryption of any information through any computer resource | Imprisonment up to 7 years and fine | Offence is Non-Bailable, Cognizable. |
69-A | Failure of the intermediary to comply with the direction issued for blocking for public access of any information through any computer resource | Imprisonment up to 7 years and fine | Offence is Non-Bailable, Cognizable. |
69-B | Intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) in regard monitor and collect traffic data or information through any computer resource for cybersecurity | Imprisonment up to 3 years and fine | Offence is Bailable, Cognizable. |
70 | Any person who secures access or attempts to secure access to the protected system in contravention of provision of Sec. 70 | Imprisonment of either description up to 10 years and fine | Offence is Non-Bailable, Cognizable. |
70-B | Indian Computer Emergency Response Team to serve as national agency for incident response. Any service provider, intermediaries, data centres, etc., who fails to prove the information called for or comply with the direction issued by the ICERT. | Imprisonment up to 1 year and/or fine up to Rs. 1 lakh | Offence is Bailable, Non-Cognizable |
71 | Misrepresentation to the Controller to the Certifying Authority | Imprisonment up to 2 years and/ or fine up to Rs. 1 lakh. | Offence is Bailable, Non-Cognizable. |
72 | Breach of Confidentiality and privacy | Imprisonment up to 2 years and/or fine up to Rs. 1 lakh. | Offence is Bailable, Non-Cognizable. |
72-A | Disclosure of information in breach of lawful contract | Imprisonment up to 3 years and/or fine up to Rs. 5 lakh. | Offence is Cognizable, Bailable |
73 | Publishing electronic Signature Certificate false in certain particulars | Imprisonment up to 2 years and/or fine up to Rs. 1 lakh | Offence is Bailable, Non-Cognizable. |
74 | Publication for fraudulent purpose | Imprisonment up to 2 years and/or fine up to Rs. 1 lakh | Offence is Bailable, Non-Cognizable. |
in a society is dependent more and more on technology, crime based on electronic law-breaking are bound to increase.
Technology is always a double-edged sword and can be used for both the purposes good or bad
Hence, it should be the tenacious efforts of rulers and law makers to ensure that technology grows in a healthy manner and is used for legal and ethical business growth and not for committing crimes.
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