IT ACT 2008

Known as ITAA, 2008 was passed by the parliament on December 23, 2008 in 26 minutes.
It focuses mainly on Section 67, Section 69, Section 69A and Section 69B. New amendment
was brought in changes in section 43 of IT act 2000 and the penalty may increase to 1
Crore. Section 66 has been amended for increasing the punishment up to three or five
years. Section 69A and Section 69B are added.

Following are the changes in IT ACT 2008 with updated penalties and
offences.

1. Section 66
Offence: – Computer related offences like fraud, dishonesty etc.
Penalty: – Imprisonment may extend to 2-3 years or with fine which may extend to five
Lakh rupees or with both.
  1. Section 66A
    Offence: – Sending Offensive mails, message and IP Spoofing
    Penalty: – Punishment for three years or fine also.
  2. Section 66B
    Offence: – Data theft from Computers
    Penalty: – Three Years Punishment or One Lakh rupees charge or both

  3. Section 66c
    Offence: – Password Stealing, Electronic signature stealing etc.
    Penalty: – Three Years Punishment or One Lakh rupees charge or both

  4. Section 66D
    Offence: – Cheating person using computer or communication resources
    Penalty: – Three Years Punishment or One Lakh rupees charge or both
  5. Section 67
    Offence: Punishment for publishing or transmitting obscene material in electronic form
    Penalty: – 2-5 Years Punishment or 5-10 Lakh rupees charge.

  6. Section 67A
    Offence: – Publishing Sexual content.
    Penalty: – 5-7 Years Punishment with fine which may exceed to Ten Lakh rupees

  7. Section 68
    Power of controllers to give directions
    Offence: – Any person who intentionally or knowingly fails to comply with any orders of Controllers.
    Penalty: – Imprisonment of Two Years or fine not exceeding One Lakh rupees or both

  8. Section 69
    Govt. has Power to issue directions for interception or monitoring or decryption of any
    information through any computer resource.
    Offence: – Any Authorized body who intentionally or knowingly fails to do it.
    Penalty: – Imprisonment may exceed seven Years or fine.

  9. Section 70
    Offence: – Violating privacy of protected system

Penalty: – Imprisonment may exceed Ten Years or fine.

  1. Section 70A
    National Nodal Agency
    Designate any organisation of govt. as National Nodal Agency which shall be responsible for all including Research and Development related to protection of critical information
    Infrastructure.

  2. Section 72A
    Offence: – Disclosure of information in breach of lawful contract
    Penalty: – Imprisonment may exceed Three Years or fine which may extend to five Lakh
    rupees, or both.

  3. Section 77
    Compensation, penalties or confiscation not to interfere with other punishment
    No compensation awarded, penalty imposed or confiscation made under this Act shall
    prevent the award of compensation or imposition of any other penalty or punishment
    under any other law for the time being in force.

  4. Section 78
    Power to investigate offenses
    A police officer not below the rank of Inspector shall investigate any offence under this Act.

 

 

 

 

 

 

 

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