LO 0707 Criminal Minor Acts : Offences and Penalties under Technology Act 2000
फौजदारी किरकोळ कायदा : माहिती तंत्रज्ञान कायदा 2000 अंतर्गत गुन्हे आणि दंड
Offences and Penalties under Information
Technology Act 2000
The Information
Technology Act, 2000 was introduced when India was on the brink of
digitalization, with the core objective of providing legal recognition for
electronic data interchange and other means of electronic communication. The
Act was later amended by the formation of the Information Technology
(Amendment) Act, 2008. This article looks at the offences and penalties under
the Act.
The Background
The advent of the
internet has almost wiped out the traditional mode of communication on papers.
We are now the beneficiaries of a cheaper, user-friendly and speedier form of
communication. But, as is imperative, anything transformational could also
herald its own consequences, which in this case arose in the form of
cybercrimes. To curtail such occurrences, the Information Technology Act, 2000
was enforced, which was conceptualized on the model of the United Nations
Commission on International Trade Law (UNCITRAL).
Objectives of the Act
The Act seeks to:
·
Accord legal recognition to
E-Transactions, as well as digital signatures for authentication.
·
Make way for the electronic filing
of data and information.
·
Facilitate the electronic storage of
data.
·
Grant recognition for the
maintenance of books of accounts in Electronic Form.
·
Levy offences for defaults.
The Amendment at a
Glance
The 2008 amendment of
the Act has:
·
Laid emphasis on data privacy and
information security.
·
Defined cyber-café.
·
Classified digital signatures as
technology neutral.
·
Defined the security process to be
followed by a corporate.
·
Redefined the role of
intermediaries.
·
Recognized the role of Indian
Computer Emergency Response Team.
·
Made way for inclusion of crimes
such as child pornography and cyber terrorism.
·
Vested an Inspector with the rights
of investigating cyber-crimes. The role was previously donned by a DSP (Deputy
Superintendent of Police).
Section 43 – Penalty
for Damages
On a lighter note, any
person damaging the computer (or its network) of the owner or any other
person-in-charge would be forced to remit a penalty and compensation to the
person so affected.
Section 44 –
Documentation and Reporting
·
Any person not furnishing the
required documents, returns or report to the controller or certifying authority
would be liable to remit a penalty of up to INR 1,50,000.
·
If a person fails to furnish any
information, books or other documents within the prescribed time-frame, then
he/she would be imposed with a penalty of INR 5,000 for each day of the
default.
·
If a person doesn’t maintain the
books of accounts or other records, he/she would be forced to remit a penalty
of INR 10,000 per day.
Section 65 – Manipulating
Source Document
Any person who
deliberately tampers, destroys, conceals or alters any computer source document
intentionally would be liable for penal charges amounting to Rs. 2,00,000
and/or imprisonment of up to three years.
Section 66 – Dishonesty
and Fraudulence
Any person committing
dishonesty and fraudulence under the Act as specified in Section 43 above would
be forced to remit a penalty of up to INR 5,00,000 and/or imprisonment of up to
three years. On similar lines:
·
Section 66B of the Act states that
any person who dishonestly or fraudulently receives/retains any stolen computer
resource or communication device would be required to remit a penalty of INR
1,00,000 and/or imprisonment of up to three years.
·
Section 66C of the Act states that
any person who dishonestly or fraudulently employs the electronic signature,
password or any other unique identification feature of another person would be
required to remit a penalty of up to INR 1,00,000 and/or imprisonment of up to
three years.
·
Section 66D states that any person
who dishonestly or fraudulently personates through any communication device or
computer resource would be forced to remit a penalty of INR 1,00,000 or lesser,
which could be added or replaced by an imprisonment term of three years.
·
Section 66E states that any person
who deliberately captures, publishes or transmits the image of a private area
of a person without his/her consent would be slapped a penalty of not more than
INR 2,00,000, which could be replaced or added with an imprisonment period of
three years or less.
·
Section 66F states that any person
who fails to act electronically or threatens the unity, integrity, security or
sovereignty of the country would be imprisoned for life.
Section 67 –
Electronic Publishing or Transmission
Any person who
electronically transmits any material which appeals to unhealthy interest, or
is likely to deprave and corrupt any other who may refer to the information
provided in it, would be forced to remit a penalty of not more than INR
5,00,000. The penalty could be added or replaced by a period of imprisonment of
up to three years. If convicted again on the same grounds, the concerned
individual would be levied with a penalty of up to INR 10,00,000, which again,
could be added or replaced by a term of imprisonment of up to five years.
On the same page,
Section 67A coveys that any person who electronically publishes or transmits
any content which may not be unhealthy but consists of any sexually explicit
act or conduct, he/she would be liable to remit a penalty of not more than INR
10,00,000, which could be replaced or added with a five-year imprisonment term.
Repeated offences of such kind may result in a similar penalty, with an
imprisonment term that could scale up to seven years.
Section 68 – Powers if
the Controller
The Controller may
order a Certifying Authority or any employee of such authority to cease the
performance of any activities as stated in the order. Any person who
deliberately contravenes with such an order is bound to pay a penalty of INR
1,00,000, which could be added or replaced with a term of imprisonment of two
years or less.
Section 69 – Powers of
the Government
The Central or State
Government, in the best interests of the nation, may order any agency to
monitor or decrypt any information generated, transmitted, received or stored
in any computer resource. Any non-compliance with such order could result in
imprisonment of seven years and a fine as determined by the authorities.
Section 70 –
Declaration a Protected System
The Governments
concerned is vested with the rights of declaring any computer resource, which
affects the facility of Critical Information Infrastructure, as a protected
system. Non-compliance with this notification, which as per rules would be
published in the Official Gazette, would lead to a period of imprisonment of
ten years and a fine so determined by the authorities.
Section 71 –
Misrepresentation or Suppression
This section is
applicable for any person who makes any misrepresentation of information or
suppresses any material facts from the Controller or the Certifying Authority
with the intention of obtaining any License or Electronic Signature
Certificate. The Act explicitly states that such individuals would be forced to
remit a penalty of up to INR 1,00,000; as an addition or replacement to which,
a period of imprisonment which numbers to not more than two years would be
applicable.
Section 72 –
Provisions of Secured Access
This provision applies
to any person with secured access to any electronic record, book, register,
correspondence, information, document or other material. The Act states that if
such a person reveals the details of such documents to any other person without
the consent of the person concerned, then he/she would be forced to remit a
penalty of INR 1,00,000; which could be added or replaced by a term of
imprisonment which is not more than two years.
On the other hand, if
any person indulges in such acts with the intent of causing wrongful loss or
wrongful gain disclosures, then the range of penalty imposable goes up to INR
5,00,000, and that of imprisonment to three years.
Section 73 and 74 –
Publishing of Certificate
The provisions of
Section 73 would apply to a person who publishes an Electronic Signature
Certificate or makes it available to any other person knowing that the
Certifying Authority hasn’t issued it, the subscriber hasn’t accepted it, or
the certificate has been revoked or suspended. The Act states that such a
person would be forced to remit a penalty of up to INR 1,00,000; which could be
added or replaced by imprisonment for a term of two years.
On the other hand,
Section 74 states that any person who deliberately creates, publishes or
otherwise makes available Electronic Signature Certificate for any fraudulent
or unlawful purpose would be imposed with a penalty of up to INR 1,00,000;
which could be added or replaced with an imprisonment of not more than two
years.
Section 75 – Offence
or Contravention Outside India
Any person who has
committed any offence or contravention outside India involving a computer,
computer system or computer network located in India would qualify for the
penal provisions of the Act, irrespective of his/her nationality.
Section 76 – Provision
of Confiscation
Section 76 of the Act
states that any non-compliances concerned with the provisions of a computer,
computer system, floppies, compact disks, tape drives or any other relevant
accessories could result in the confiscation of such accessories. However,
proving that such accessories weren’t employed in committing any fraud may
abate any instance of arrests.
Source Indiafilings.com
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