The Information Technology Act 2000 India (Modified 2008)- Gist (Summary) of Important Sections

IT ACT INDIA - GIST (SUMMARY) OF IMPORTANT SECTIONS & PENAL PROVISIONS

    

              

      The Information Technology Act of India was enacted in the year 2000 with a view to give a fillip to the growth of electronic based transactions, to provide legal recognition for e-commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide. It was later on modified in the year 2008 with some new provisions. The original Act contains 94 sections, divided into 13 chapters and 4 schedules. 

 

    With proliferation of Information Technology enabled services such as e-governance, e-commerce and e-transactions, protection of personal data and information and implementation of security practices and procedures relating to these applications of electronic communications have assumed greater importance and they require harmonization with the provisions of the Information Technology Act. Further, protection of Critical Information Infrastructure is pivotal to national security, economy, public health and safety, so it has become necessary to declare such infrastructure as a Protected System under the IT Act so as to restrict its access.  

       

    A rapid increase in the use of computer and internet has given rise to new forms of crimes like publishing sexually explicit materials in electronic form, video voyeurism and breach of confidentiality and leakage of data by intermediary, e-commerce frauds like impersonation commonly known as Phishing, Identity Theft and offensive messages through communication services. All of these are covered explicitly under the IT Act, 2008 of India.

 

    Note:-This document aims at just mentioning some of the commonly used Sections of IT Act, 2008 (Modified) and does not claim to be exhaustive. For full details of IT Act, India please read the relevant Gazette Notifications published by Govt. of India.

Penalties and Offences Under IT Act, 2000 (modified 2008)

     

Serial   No.	Section Under IT Act, 2000	Offence	Penalty
1.	Sec.43	Damage to computer, computer system, etc. (Accessed/Damages/Copies data/DoS)	Compensation not exceeding one crore rupees to the person so affected
2.	Sec.43A	Body corporate failure to protect sensitive personal data	Compensation not exceeding five crore rupees to the person so affected
3.	Sec.44(a)	Failure to furnish document, return or report to the Controller or the Certifying Authority	Penalty not exceeding one lakh and fifty thousand rupees for each such failure
4.	Sec.44(b)	Failure to file any return or furnish any information, books or other documents within the time specified	Penalty not exceeding five thousand rupees for every day during which such failure continues
5.	Sec.44(c)	Failure to maintain books of account or records	Penalty not exceeding ten thousand rupees for every day during which the failure continues
6.	Sec.45	Where no penalty has been separately provided	Compensation not exceeding twenty-five thousand rupees to the person affected by such contravention or a penalty not exceeding twenty-five thousand rupees
7.	Sec.65	Tampering with Computer SOURCE CODE documents	Imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both
8.	Sec.66	Hacking with Computer systems, Data alteration etc. (All Offences under New Sec.43 committed DISHONESTLY or FRAUDLENTLY)	Imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both
9.	Sec.66A	Sending offensive messages (or e-mails) through Communication service etc.	Imprisonment for a term which may extend to three years and with fine
10.	Sec.66B	Receives or Retains any stolen computer resource or communication device	Imprisonment for a term which may extend to three years or with fine which may extend to rupees one lakh or with both
11.	Sec.66C	“Identity Theft” by fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person	Imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh
12.	Sec.66D	Cheating by Personating by using Computer Resource	Imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees
13.	Sec.66E	“Violation of Privacy” of individual by intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent	Imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both
14.	Sec.66F	Cyber terrorism	Imprisonment which may extend to imprisonment for life
15.	Sec.67	Publishes or transmits information which is OBSCENE in electronic form	Imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees & in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years   and also with fine which may extend to ten lakh rupees
16.	Sec.67A	Publishes or transmits sexually explicit material	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 or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees
17.	Sec.67B	Child Pornography-Publishing Or Transmitting Of Material Depicting Children In Sexually Explicit Act	Imprisonment for a term which may extend to five years and with a fine which may extend to   ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees
18.	Sec.67C	Preservation and Retention of information by intermediary	Imprisonment for a term which may extend to three years and shall also be liable to fine
29.	Sec.70	Un-authorised access to protected system	Imprisonment for a term which may extend to ten years and shall also be liable to fine
20.	Sec.71	Misrepresentation to the Controller or the Certifying Authority for obtaining license or Electronic Signature Certificate	Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
21.	Sec.72	Breach of Confidentiality and Privacy	Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both
22.	Sec.72A	Disclosure of information in breach of lawful contract	Imprisonment for a term which may extend to three years, or with a fine which may extend to five lakh rupees, or with both
23.	Sec.73 & 74	Publishing false “Electronic Signature Certificates”	Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both