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.
- Section 66A
Offence: – Sending Offensive mails, message and IP Spoofing
Penalty: – Punishment for three years or fine also. - Section 66B
Offence: – Data theft from Computers
Penalty: – Three Years Punishment or One Lakh rupees charge or both - Section 66c
Offence: – Password Stealing, Electronic signature stealing etc.
Penalty: – Three Years Punishment or One Lakh rupees charge or both - Section 66D
Offence: – Cheating person using computer or communication resources
Penalty: – Three Years Punishment or One Lakh rupees charge or both -
Section 67
Offence: Punishment for publishing or transmitting obscene material in electronic form
Penalty: – 2-5 Years Punishment or 5-10 Lakh rupees charge. -
Section 67A
Offence: – Publishing Sexual content.
Penalty: – 5-7 Years Punishment with fine which may exceed to Ten Lakh rupees -
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 -
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. -
Section 70
Offence: – Violating privacy of protected system
Penalty: – Imprisonment may exceed Ten Years or fine.
- 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. -
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. -
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. -
Section 78
Power to investigate offenses
A police officer not below the rank of Inspector shall investigate any offence under this Act.