Offences and Penalties under IT ACT 2000

cyberlaw1

1. Section 65
Offence: Tampering with Data
Penalty: – Three Years Punishment or Two Lakh rupees charge or both

2. Section 66E
Offence: – Privacy Violation of any person
Penalty: – Three Years Punishment or Two Lakh rupees charge or both

3. Section 66F
Offence: – Cyber Terrorism- System Hacking using Virus, Trojans, Malwares etc., damaging property of a person or death etc.
Penalty: – Punishment is Life Imprisonment

4. Section 67B
Offence: – Child pornography
Penalty: – Five Years Punishment or Ten Lakh rupee charge. If it is creating more violation then years may exceed to seven and fine will be same.

5. Section 67C
Offence: – Intermediary like ISP, Telecommunication companies, cyber cafe etc., has to
maintain record of such Data, if they are not maintaining at least for 1 year. They will be considered as victim for distributed such sexual content.
Penalty: – Three Years Punishment or fine.

6. Section 69A
Central Govt. or any of its officers has Power to issue directions for blocking any information to intermediary like ISP, Telecommunication companies, cyber cafe etc.
Offence: – If intermediary fails to block such content.

Penalty: – Seven years imprisonment and fine.
7. Section 69B
Central Govt. has power to monitor and collect traffic data or information through any computer resource for cyber security.
Offence: – If authorised agencies fail to do such.

Penalty: – three years imprisonment and fine.

8. Section 70B
ICERT (Indian Computer Emergency Response Team) to serve as national agencies for incident response
Offence: – Any service provider, intermediaries, data centres, body corporate or person who fails to provide information called by ICERT.
Penalty: – 1 years imprisonment or 1 Lakh rupees or both.

9. Section 71
Offence: – False statement regarding any material, controller and Certifying Authority.
Penalty: – 2 years imprisonment or 1 Lakh rupees or both.

10. Section 72
Offence: – Breach of confidentiality or Privacy.
Penalty: – 2 years imprisonment or 1 Lakh rupees or both.

11. Section 73
Offence: – Publishing Electronic Signature Certificates false in certain particulars.
Penalty: – 2 years imprisonment or 1 Lakh rupees or both.

12. Section 74
Offence: – Publication for fraudulent purpose
Penalty: – 2 years imprisonment or 1 Lakh rupees or both.

13. Section 75
Offence: – Contraventions committed outside India.

14. Section 76
Offence: – Confiscation
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 there under has been or is being contravened, shall be liable to confiscation.

15. Section 77A
Offences: – Compounding of offences.
The person accused of an offence under this act may file an application for compounding in the court in which offence is pending for trial and the provisions of section 265 B and 265 C of Code of Criminal Procedures, 1973 shall apply.

16. Section 77B
Offences: – Offences with three years imprisonment to be cognizable
Penalty: – Notwithstanding anything contained in Criminal Procedure Code 1973, the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable.

 

 

 

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