Criminal Liability for misuse of Information Technology
Author: Karnika Seth
Criminal Liability for misuse of Information Technology under Information Technology Act, 2000 and Indian Penal Code, 1860 – A Snapshot
| Serial | Section |
Offence Name |
Description |
Penalty |
| 1. | 65 | Tampering with computer source document | Intentional concealment, destruction or alteration of the computer source code which is required to be kept or maintained by law | Imprisonment up to 3 years or with fine up to 2 lakh Rupees or with both. |
| 2. | 66 | Hacking with Computer System | Destruction, deletion or alteration of any information residing in a computer resource, decreasing its value or utility or affecting it injuriously by whatever means intentionally or knowingly. | Imprisonment up to 3 years or with fine up to 2 lakh Rupees or with both. |
| 3. | 67 | Publishing of information which is obscene in electronic form | Publication or transmission by a person or through someone else in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such which tends to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. |
On first conviction with imprisonment up to 5 years and with fine up to 1 lakh Rupees and in the event of a second or subsequent conviction with imprisonment up to 10 years and also with fine up to 2 lakh Rupees. |
| 4. | 71 | Misrepresentation to the Controller or the Certifying Authority | Making any misrepresentation to, or suppression of any material fact from, the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate, as the case may be. | Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both |
| 5. | 72 | Penalty for breach of confidentiality and privacy | Any person who, in pursuance of any of the powers conferred under IT Act, has secured access to any electronic record, book, register, correspondence, information or document without the consent of the person concerned discloses such electronic record, book., register, correspondence, information, document to any other person. | Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both. |
| 6. | 73 | Publishing Digital Signature Certificate false in certain particulars | Publishing a Digital Signature Certificate or otherwise making it available to any other person with the knowledge that the Certifying Authority listed in the certificate has not issued it orthe subscriber listed in the certificate has not accepted it orthe certificate has been revoked or suspended, unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation. | Imprisonment for a term which may extend to 2 years, or with fine which may extend to 1 lakh Rupees. |
| 7. | 74 | Publication for fraudulent purpose | Creation, publication or otherwise making available a Digital Signature Certificate for any fraudulent or unlawful purpose. |
Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both. |
Criminal Liability for misuse of Information Technology under Information Technology Act, 2000 and Indian Penal Code, 1860 – A Snapshot
| Serial | Section |
Offence Name |
Description |
Penalty |
| 1. | Various sections | The IT Act amends the IPC. The word document now includes an electronic record. The result is that any one using forged electronic record or certificates is punishable under the IPC for offences related to false evidences and certificates. | Imprisonments for terms which may extend to 10 years or with fine or with both. | |
| 2. | 120 A | Criminal Conspiracy | Two or more persons agree to do an illegal act or an act by illegal means themselves or through some other persons or means. | Depending on the object of Conspiracy imprisonment for term from 6 months to life imprisonment with or without fine. |
| 3. | 153 A (1) | Promoting enmity between different groups | By words spoken or written, signs, visible representations or otherwise attempting to promote or promotion of enmity between different groups on grounds of religion, race, domicile, residence, language etc. | Imprisonment for a term which may extend to 3 years, or with fine or with both. |
| 4. | 292 | Sale, etc., of obscene books, etc | Selling, hiring, distribution, public exhibition or putting into circulation of obscene material, taking part or receiving profits of such business, advertisement etc . | On first conviction imprisonment up to 2 years with fine of 2000 Rupees on second or sequent conviction imprisonment up to 5 years with fine of 5000 Rupees. |
| 5. | 295 A | Deliberate and malicious acts, intended to outrage religious feelings of any class | Using words, signs or visible representations with deliberate and malicious intention to outrage religious feelings of a religious class. | Imprisonment for a term which may extend to 3 years, or with fine or with both. |
| 6. | 463 | Forgery | Making any false electronic record or a part of it with the intention to cause damage or injury to public or any person to commit any fraud or enter into any express or implied contract. | Imprisonment for a term which may extend to 2 years, or with fine or with both. |
| 7. | 416 | Cheating by personation | Cheating by pretending to be some other person or by knowingly substituting one person for another person representing that he or any other person is a person other he or such other person really is. Person personated could be a real or imaginary person. | Imprisonment for a term which may extend to 2 years, or with fine or with both. |
| 8. | 499 | Defamation | Whoever by words either spoken or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm the reputation of such person is said to defame. | Imprisonment for a term which may extend to 2 years, or with fine or with both. |
| 9. | 501 | Printing or engraving matter known to be defamatory | Printing or engraving any matter knowing or having good reason to believe that such matter is defamatory. | Imprisonment for a term which may extend to 2 years, or with fine or with both. |
| 10. | 503 | Criminal Intimidation | Threatening another with any injury to his person, reputation or property or to some person in whom one is interested with the intention to cause alarm to that person or causing him to do any illegal act in order to avoid the threat. | Imprisonments for a term which may extend from 2 years till 7 years, with fine or with both depending on the kind of threat given. |
| 11. | 505(1), (2) |
Statements conducing to public mischief | Making, publishing or circulating any rumour or false report about armed forces of India or with intention to create enmity, hatred or ill-will between classes. | Imprisonment for a term which may extend to 3 years, or with fine or with both. |
| 12. | 507 | Criminal Intimidation by anonymous communication | Criminal Intimidation by anonymous communication or having taken precaution to conceal name and whereabouts of the person giving threat. | Imprisonments for a term which may extend from 2 years till 7 years, with fine or with both depending on the kind of threat given and 2 years additional imprisonment. |
| 13. | 509 | Word, gesture or act intended to insult the modesty of a woman | Utterance of words, making of sound, gesture or exhibition of object in order to intrude the privacy or insult the modesty of a woman. | Imprisonment for a term which may extend to 1 year, or with fine or with both. |
