The Information Technology (IT) Act, 2000, defines the offences and penalties related to cyber regulation. The Act provides legal recognition to electronic records and digital signatures and prescribes penalties for cyber crimes such as hacking, tampering with computer source documents, identity theft, and the publication or transmission of obscene material in electronic form.
The following are some of the major cyber regulation offences and penalties in India:
- Tampering with computer source documents (Section 65): This offence is committed when a person knowingly or intentionally conceals, destroys, or alters any computer source code or a computer program. The punishment for this offence is imprisonment for up to three years or a fine of up to INR 2,00,000 or both.
- Hacking (Section 66): Hacking is the act of gaining unauthorized access to a computer system. The punishment for this offence is imprisonment for up to three years or a fine of up to INR 2,00,000 or both.
- Publishing or transmitting obscene material in electronic form (Section 67): This offence is committed when a person publishes or transmits any material containing sexually explicit act or conduct in electronic form. The punishment for this offence is imprisonment for up to three years or a fine of up to INR 5,00,000 or both.
- Identity theft (Section 66C): Identity theft is the act of dishonestly using another person’s electronic signature, password, or any other unique identification feature. The punishment for this offence is imprisonment for up to three years and/or a fine of up to INR 1,00,000.
- Breach of confidentiality and privacy (Section 72): This offence is committed when a person intentionally or knowingly discloses any personal or sensitive information of another person without their consent. The punishment for this offence is imprisonment for up to two years and/or a fine of up to INR 1,00,000.
- Cyber terrorism (Section 66F): Cyber terrorism is the use of the internet or any other means of communication to cause harm to individuals, groups, or governments. The punishment for this offence is imprisonment for life.
- Unauthorized access to protected systems (Section 43): This offence is committed when a person gains unauthorized access to any computer resource, causes damage to such resources, or steals any information stored in such resources. The punishment for this offence is imprisonment for up to three years or a fine of up to INR 5,00,000 or both.
- Failure to comply with the directions of the Controller (Section 69): The Controller of Certifying Authorities is responsible for regulating and supervising the activities of certifying authorities. This offence is committed when a certifying authority fails to comply with the directions issued by the Controller. The punishment for this offence is imprisonment for up to two years and/or a fine of up to INR 1,00,000.
These are some of the key cyber regulation offences and penalties under the IT Act in India. It is important for individuals and organizations to be aware of these laws and comply with them to ensure that they are not held liable for any cyber crimes.