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.
