Cyber Crimes and Penalties

With the widespread use of digital technology in business and daily life, cybercrimes have emerged as a major threat. The Information Technology Act, 2000 was introduced to address offences involving computers, networks, and electronic data. This article explains the types of cyber crimes recognized under Indian law and the associated penalties.

Meaning of Cyber Crime

Cyber crime refers to any criminal activity involving computers, networks, or digital devices. These crimes can target individuals, businesses, or governments and can involve data theft, unauthorized access, fraud, defamation, and more.

Example: If someone hacks into a company’s system and steals customer data, it is a cybercrime.

Classification of Cyber Crimes under IT Act, 2000

The Act categorizes cyber crimes into two main types:

1. Civil wrongs – Usually involve financial compensation (e.g., data theft).

2. Criminal offences – Punishable with imprisonment and/or fines (e.g., hacking, identity theft).

Common Types of Cyber Crimes and Penalties

Below are the major cyber crimes covered under the Act:

a. Hacking (Section 66)

• Definition: Unauthorized access to or tampering with a computer system or data.

• Penalty: Imprisonment up to 3 years and/or fine up to ₹5 lakh.

Example: Deleting or altering files in a system without permission.

b. Data Theft (Section 43)

• Definition: Accessing, downloading, or copying data without the consent of the data owner.

• Penalty: Compensation to the affected party (civil liability).

Example: Downloading confidential business reports from a competitor’s system.

c. Identity Theft (Section 66C)

• Definition: Fraudulent use of another person’s personal data (e.g., passwords, digital signatures).

• Penalty: Imprisonment up to 3 years and/or fine up to ₹1 lakh.

Example: Using someone else’s Aadhaar details to open a bank account.

d. Cheating by Personation (Section 66D)

• Definition: Deceiving someone by pretending to be another person via electronic means.

• Penalty: Imprisonment up to 3 years and/or fine up to ₹1 lakh.

Example: Sending a fake email impersonating a bank to steal login details (phishing).

e. Cyber Stalking (Section 66E)

• Definition: Repeatedly following, contacting, or harassing someone using electronic communication.

• Penalty: Imprisonment up to 3 years and/or fine up to ₹2 lakh.

f. Cyber Terrorism (Section 66F)

• Definition: Using computer resources to threaten the unity, integrity, or security of India.

• Penalty: Life imprisonment.

Example: Hacking into a government defense system with malicious intent.

g. Sending Offensive Messages (Section 66A) [Struck Down]

• Originally punished for sending offensive messages through communication services, but this section was declared unconstitutional by the Supreme Court in 2015 (Shreya Singhal v. Union of India).

h. Publishing Obscene Material (Section 67)

• Definition: Publishing or transmitting obscene or sexually explicit content in electronic form.

• Penalty:

  • First conviction: Up to 3 years and fine up to ₹5 lakh

  • Subsequent: Up to 5 years and fine up to ₹10 lakh

Example: Uploading pornographic videos on a public website.

i. Child Pornography (Section 67B)

• Definition: Publishing or browsing content that exploits children in sexually explicit acts.

• Penalty: Up to 5 years for the first offence, and up to 7 years for repeat offences.

j. Tampering with Computer Source Documents (Section 65)

• Definition: Intentional alteration or destruction of source code required to be maintained by law.

• Penalty: Up to 3 years imprisonment and/or fine up to ₹2 lakh.

Adjudication and Legal Recourse

1. Adjudicating Officer

• Appointed to settle disputes involving damages up to ₹5 crore.

• Has powers similar to a civil court.

2. Cyber Appellate Tribunal

• Handles appeals against decisions of Adjudicating Officers.

• Final appeal lies with the High Court.

Responsibilities of Intermediaries (Section 79)

• Intermediaries (e.g., social media platforms, ISPs) are exempt from liability if:

  • They act only as facilitators.

  • They take prompt action to remove offensive content upon notice.

This is known as the "safe harbour" protection.

Example

Case: Avnish Bajaj v. State (Bazee.com case)

• A CD containing obscene content was sold on a website.

• Though the CEO did not upload it himself, he was held liable under Section 67.

• This case highlighted the liability of intermediaries before Section 79 was amended.