Cyber-crime Offences & Penalties

CYBER CRIME  Offences & Penalties 

The faster world-wide world-wide connectivity connectivity has developed developed numerous numerous online crimes and these increased increased offences led to the need of laws for protection. protection. In order to keep in stride with the changing changing generation, generation, the Indian Parliament Parliament passed the Information Information Technology echnology Act 2000 that has been conceptualized conceptualized on the United Nations Nations Commissions Commissions on International Trade Law (UNCITRAL) Model Law. The law defines defines the offenses in a detailed detailed manner along with the penalties for each category of offence.

The law defines defines the offenses in a detailed detailed manner along with the penalties for each category of offence.
Offences Cyber offences are the illegitimate illegitimate actions, which are carried carried out in a classy manner where either the computer is the tool or target or both. 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 − 

• Tampering with the computer source documents.

• Hacking with computer system.

• Publishing of information which is obscene in electronic form.

• Power of Controller to give directions.

• Directions of Controller to a subscriber to extend facilities to decrypt information.

• Protected system.

• Penalty for misrepresentation.

• Penalty for breach of confidentiality and privacy..

• Penalty for publishing Digital Signature Certificate false in certain particulars.

• Publication for fraudulent purpose.

• Act to apply for offence or contravention committed outside India Confiscation.

• Penalties or confiscation not to interfere with other punishments.

• Power to investigate offences. 

Example 

Offences Under The It Act 2000 Section 65. 
Tampering with computer source documents 
Whoever Whoever knowingly knowingly or intentionally intentionally conceals, conceals, destroys destroys or alters or intentionally intentionally or knowingly knowingly causes another another to conceal, conceal, destroy destroy or alter any computer computer source code used for a computer computer, compute computer program, program, computer computer system or computer computer network, network, when the computer computer source code is required required to be kept or maintained maintained by law for the being time in force, shall be punishable punishable with imprisonment imprisonment up to three year, or with fine which may extend up to two lakh rupees, or with both. 
Explanation Explanation − For the purpose purpose of this section section “computer “computer source code” means the listing listing of programs, programs, computer computer commands, commands, design and layout and program program analysis analysis of computer resource in any form. 

Object − The object of the section section is to protect protect the “intellectual “intellectual property” property” invested invested in the computer computer. It is an attempt attempt to protect protect the computer computer source documents documents (codes) (codes) beyond what is available 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.
This section extends towards towards the Copyright Act and helps the companies to protect their source code of their 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 following table shows the offence and penalties penalties against against all the mentioned sections of the I.T. Act −

Compounding of Offences 

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

No offence shall be compounded if − 

The accused accused is, by reason of his previous conviction, conviction, is liable to either enhanced enhanced punishment punishment or to the punishment punishment of different kind; OR

Offence Offence affects affects the socio economic economic conditions conditions of the country; OR 

Offence Offence has been committed committed against against a child below the age of 18 years; OR 

Offence has been committed against a woman. The person alleged alleged of an offence under this Act may file an application application for compounding compounding in the Court. The offence will then be pending pending for trial and the provisions provisions of Sections ections 265-B and 265-C of Cr. P.C. shall apply.