Cyber Crime and their Punishment – Every Student must read

Cyber crime and punishment in India

The Indian Information Technology Act, 2000 dealt with Computer related crimes, In it’s Chapter – XI Offenses (65-78) and for the same time Information Technology Act, 2000 amended the Indian Penal Code to cover the cyber crimes expressly.

Here in this chapter the offenses along with the punishment provided in the Information Technology Act, 2000 are given below let us know what actually they are and if someone found on doing the offense what charges would be taken on you .

Tampering with computer source documents : Section-65

  • Imprisonment up to three years, or with fine which may extend up to two lakh rupees, or both.
  • Offence is cognizable and bailable.
  • Case is triable by the court of Magistrate of first class.

Computer related offenses : Section -66

  • Imprisonment up to three year or with fine which may extend to three years or with fine which may extend up to five lakh rupees or both.
  • Offense is cognizable and bailable.
  • Case is triable by the court of Magistrate of first class .

Punishment for sending Offensive Message through Communication  Service etc. : Section – 66A

Like any information on Facebook that is offensive or shared forwarded on Whatsapp comes under this category. Famous Muzaffar Nagar riot videos forwarders and sharers were booked under this category. Even holding this type of material on your phone can lead the following type of punishment under Indian Cyber Law IT Act 2000

  1. Imprisonment for a term which may extend to three years and with fine.
  2. Offence is cognizable and bailable.
  3. Case is triable by the court of Magistrate of first class .

Punishment for dishonestly receiving stolen computer resource or communication device : Section – 66B

Purchased stolen computer or mobile device or any other device used in digital communication. This simple act of cheap computer or mobile may lead

  1. Imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.
  2. Offence is cognizable and bailable.
  3. Case is triable by the court of Magistrate of first class .

Punishment for Identity Theft : Section – 66C

Made a fake ID on facebook and whatsapp but doing nothing  can lead you into jail.  Making a fake ID is also a punishable offense, The punishment for creating face ID or Identity Theft are as follows

  1. Imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
  2. Offence is cognizable and bailable.
  3. Case is triable by the court of Magistrate of first class .

Punishment for cheating by impersonation by using computer resource : Section – 66D

You won 32 billion EUROs under XYZ Lottery and you are requested to deposit this much of amount to claim this amount. I am sure you had received such notification on your Inbox. Do not worry if any body is trying to cheat you like this then you can book him under section 66-D of  Indian IT Act 2000.

  1. Imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
  2. Offence is cognizable and bailable .
  3. Case is triable by the court of Magistrate of first class .

Punishment for violation of Privacy [Sec.66E]

  1. Imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh
  2. Offence is cognizable and bailable .
  3. Case is triable by the court of Magistrate of first class.

Cyber Terrorism [Sec.66F]

  1. Imprisonment which may extend to imprisonment for life.
  2. Offence is cognizable and non-bailable .
  3. Case is triable by the court of Sessions.

Punishment for publishing or transmitting obscene material in electronic form  [Sec.67]

Some one is sending you adult Jokes and you are just forwarding them. Beware of this type of Joke, this could result you in Jail or a penalty of rs 10 Lakh or both. If you received any such material that is not meant for you. Just remove immediately otherwise keeping that material can lean this type of punishment under section 67 of  Cyber law of India.

  1. Imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of  second attempt or subsequent conviction with imprisonment of either description of a term which might be extend up to five years and also with fine which may extend up to ten lakh rupees.
  2. Offence is cognizable and bailable for the first conviction and non-bailable for the second conviction.
  3. Case is triable by the court of Magistrate of first class.

Punishment for publishing or transmitting obscene material in electronic form  [Sec.67A]

  1. Imprisonment for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of  second attempt or subsequent conviction with imprisonment of either description for a term which might be extend up to seven years and also with fine which may extend up to ten lakh rupees.
  2. Offence is cognizable and non-bailable .
  3. Case is triable by the court of Magistrate of first class.

Punishment for publishing or transmitting depicting children in sexually explicit act, etc., in electronic form [Sec.67B]

  1. Imprisonment for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of  second attempt or subsequent conviction with imprisonment of either description for a term which might be extend up to seven years and also with fine which may extend up to ten lakh rupees.
  2. Offence is cognizable and non-bailable .
  3. Case is triable by the court of Magistrate of first class.

Preservation and retention of information by intermediaries [Sec.67C]

  1. Imprisonment for a term which may extend to three years and also be liable to fine.
  2. Offence is cognizable and bailable .
  3. Case is triable by the court of Magistrate of first class.

Power of the controller to give directions [Sec.68]

  1. Imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or both.
  2. Offence is non-cognizable and bailable .
  3. Case is triable by any Magistrate .

Power to issue directions for interception or monitoring or decryption of any information through any computer resource [Sec.69]

  1. Imprisonment for a term which may extend to seven years and also be liable to fine.
  2. Offence is cognizable and non-bailable .
  3. Case is triable by the court of Magistrate of first class.

Power to issue directions for blocking public access of any information through any computer resource [Sec.69A]

  1. Imprisonment for a term which may extend to seven years and also be liable to fine.
  2. Offence is cognizable and non-bailable .
  3. Case is triable by the court of Magistrate of first class.

Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security [Sec.69B]

  1. Imprisonment for a term which may extend to three years and also be liable to fine.
  2. Offence is cognizable and bailable .
  3. Case is triable by the court of Magistrate of first class.

Note :- Each of the Sections 69,69A, and 69B has been provided with separate set of procedural Rule under IT Act.

Un-authorized access to protected system : Section -70

You are not supposed to access admin ID and Admin Area, using some sophisticated software, you are able to gain admin access and caught  then you are entitled for the following.

  1. Imprisonment for a term which may extend to ten years and also be liable to fine.
  2. Offense is cognizable and non-bailable .
  3. Triable in the Court of Sessions.

Penalty for Misrepresentation : Section – 71

Do not know the facts and just post any random information related to any one and the person make a police complain against you that you are misrepresenting the fact may lead you.

  1. Imprisonment for a term which may extend two years, or with fine which may extend to one lakh rupees or both.
  2. Offence is non-cognizable and bailable .
  3. Triable by any Magistrate.

Penalty for breach of confidentiality and privacy [Sec.72]

Make an agreement on email and later on not followed that while accepting any contract on internet, Please make it very sure that your false promise is also covered under section 72 of Indian IT Act and this type of punishment is recommended.

  1. Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees or both.
  2. Offence is non-cognizable and bailable .
  3. Triable by any Magistrate.

Penalty for publishing Electronic Signature Certificate false in certain particulars : Section -73

  1. Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees or both.
  2. Offence is non-cognizable and bailable .
  3. Triable by any Magistrate.

Publication for fraudulent purpose : Section – 74

Publishing Wrong information on Facebook or whatapps without knowing the fact also false under this section. If you like any such post whose authenticity is not known to you and with your like and republishing someone on your list became the victim of any fraud then you will are liable for

  1. Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees or both.
  2. Offence is non-cognizable and bailable .
  3. Triable by any Magistrate.

These are some very common cyber crime and their probable punishment. We have taken all this information available on the public Domain. feel free to correct us, if you are able to find any new cyber crime and their punishment.

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