Offence and Penalities - Information Security Cyber Law

What are Offences and Penalties?

The online crimes have increased, thus increasing the offences and which leads to requirement of laws for protection. The Information Technology Act 2000 was passed by the Indian Parliament to keep in stride with the changing generation.

The offenses are defined by the law in detailed accompanied by the penalties for each of the offence category.

What are Offences?

The illegitimate actions which are carried out in a manner in which computer is used as a tool or as a target are Offences.

Cyber-crime usually includes the following −

  • Unauthorized access of the computers
  • Data diddling
  • Virus/worms attack
  • Theft of computer system
  • Hacking
  • Denial of attacks
  • Logic bombs
  • Trojan attacks
  • Internet time theft
  • Web jacking
  • Email bombing
  • Salami attacks
  • Physically damaging computer system.

The offences included in the I.T. Act 2000 are as follows −

  • The computer source documents are tampered.
  • Computer system is hacked.
  • Obscene information is published in electronic form.
  • Directions are given by using the power of the controller.
  • Protected system.
  • Penalty for misrepresentation
  • Penalty for breach of confidentiality and privacy.
  • Penalty for publishing Digital Signature Certificate false in certain particulars.
  • Fraudulent propose publication.
  • Offense or controversies which are committed outside India are acted to apply.
  • Penalties for not to interface with other punishments.
  • Offences being investigated.

Example

Offences Under The It Act 2000

Section 65. Tampering with computer source documents

Any computer source code, which is used for computer, computer program or computer network is intentionally concealed, destroyed are altered or causes another to conceal, destroy or alter, the source code is kept and maintained by the law in force, and is punishable up to three years or with a fine that may extend up to two lakh rupees, or with both.

Explanation – In this instance, “computer source code” refers to listing of the computer commands, design and layout of the computer resource in any of the forms.

Object – Protecting the “intellectual property” invested in the computer is the main object of this example. The computer source codes are protected under the Copyright Law.

Essential ingredients of the section

  • knowingly or intentionally concealing
  • knowingly or intentionally destroying
  • knowingly or intentionally altering
  • knowingly or intentionally causing others to conceal
  • knowingly or intentionally causing another to destroy
  • knowingly or intentionally causing another to alter.

The companies are facilitated to protect the source codes of the programs.

Penalties − Section 65 is tried by any magistrate.

This is cognizable and non-bailable offence.

Penalties − Imprisonment up to 3 years and / or

Fine − Two lakh rupees.

The offence and the penalties against the sections of the I.T. Act are provided below:

Section
Offence
Punishment
Bailability and Congizability
65
Tampering with Computer Source Code
Imprisonment up to 3 years or fine up to Rs 2 lakhs
Offence is Bailable, Cognizable and triable by Court of JMFC.
66
Computer Related Offences
Imprisonment up to 3 years or fine up to Rs 5 lakhs
Offence is Bailable, Cognizable and
66-A
Sending offensive messages through Communication service, etc...
Imprisonment up to 3 years and fine
Offence is Bailable, Cognizable and triable by Court of JMFC
66-B
Dishonestly receiving stolen computer resource or communication device
Imprisonment up to 3 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
66-C
Identity Theft
Imprisonment of either description up to 3 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
66-D
Cheating by Personation by using computer resource
Imprisonment of either description up to 3 years and /or fine up to Rs. 1 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
66-E
Violation of Privacy
Imprisonment up to 3 years and /or fine up to Rs. 2 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
66-F
Cyber Terrorism
Imprisonment extend to imprisonment for Life
Offence is Non-Bailable, Cognizable and triable by Court of Sessions
67
Publishing or transmitting obscene material in electronic form
On first Conviction, imprisonment up to 3 years and/or fine up to Rs. 5 lakh On Subsequent Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
67-A
Publishing or transmitting of material containing sexually explicit act, etc... in electronic form
On first Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment up to 7 years and/or fine up to Rs. 10 lakh
Offence is Non-Bailable, Cognizable and triable by Court of JMFC
67-B
Publishing or transmitting of material depicting children in sexually explicit act etc., in electronic form
On first Conviction imprisonment of either description up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment of either description up to 7 years and/or fine up to Rs. 10 lakh
Offence is Non Bailable, Cognizable and triable by Court of JMFC
67-C
Intermediary intentionally or knowingly contravening the directions about Preservation and retention of information
Imprisonment up to 3 years and fine
Offence is Bailable, Cognizable.
68
Failure to comply with the directions given by Controller
Imprisonment up to 2 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Non-Cognizable.
69
Failure to assist the agency referred to in sub section (3) in regard interception or monitoring or decryption of any information through any computer resource
Imprisonment up to 7 years and fine
Offence is Non-Bailable, Cognizable.
69-A
Failure of the intermediary to comply with the direction issued for blocking for public access of any information through any computer resource
Imprisonment up to 7 years and fine
Offence is Non-Bailable, Cognizable.
69-B
Intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) in regard monitor and collect traffic data or information through any computer resource for cybersecurity
Imprisonment up to 3 years and fine
Offence is Bailable, Cognizable.
70
Any person who secures access or attempts to secure access to the protected system in contravention of provision of Sec. 70
Imprisonment of either description up to 10 years and fine
Offence is Non-Bailable, Cognizable.
70-B
Indian Computer Emergency Response Team to serve as national agency for incident response. Any service provider, intermediaries, data centres, etc., who fails to prove the information called for or comply with the direction issued by the ICERT.
Imprisonment up to 1 year and/or fine up to Rs. 1 lakh
Offence is Bailable, Non-Cognizable
71
Misrepresentation to the Controller to the Certifying Authority
Imprisonment up to 2 years and/ or fine up to Rs. 1 lakh.
Offence is Bailable, Non-Cognizable.
72
Breach of Confidentiality and privacy
Imprisonment up to 2 years and/or fine up to Rs. 1 lakh.
Offence is Bailable, Non-Cognizable.
72-A
Disclosure of information in breach of lawful contract
Imprisonment up to 3 years and/or fine up to Rs. 5 lakh.
Offence is Cognizable, Bailable
73
Publishing electronic Signature Certificate false in certain particulars
Imprisonment up to 2 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Non-Cognizable.
74
Publication for fraudulent purpose
Imprisonment up to 2 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Non-Cognizable.

What is compounding of Offences?

As per Section 77-A of the I. T. Act, any Court of competent jurisdiction may compound offences, other than offences for which the punishment for life or imprisonment for a term exceeding three years has been provided under the Act.

No offence is compounded in case:

  • The accused is, by reason of his previous conviction, is liable to either enhanced punishment or to the punishment of different kind; OR
  • The socio economic conditions of the country are affected by the offence. OR
  • The offence is committed against the child under 18 years of age OR
  • The offence committed against a woman.

An application for compounding in the Court may be filed by the person alleged of an offense under this Act. For the purpose of trial, the offence will be pending and the provisions of the sections 265-B and 265-C shall be applicable.

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