CYBER OFFENCES

What are Cyber-Offences?

The IT Act does not define the term Cyber Crime or Cyber Offences Cyber offence is a generic term that refers to all criminal activities done using the medium of computers, the Internet, cyber space and the worldwide web. It is for the judicial authority to determine whether, in a given case, the misdemeanor of a person amounts to an offence or not. The determination is based on a careful examination of the facts of each case.

OFFENCES and ASSOCIATED PENALTY

Section

Offence

Explanation

Penalty

65

Tampering with computer source codes

Takes place when a person destroys, tampers with or conceals valuable computer source codes of another person.
Hacking and all contraventions discussed under Sec.43 are considered a part of this offence. Messages that are offensive, threatening, annoying, misleading etc

Imprisonment 3 years Maximum fine Rs. 2,00,000/- or both

Imprisonment 3 years Maximum fine Rs. 5,00,000/- or both Imprisonment 3 years and fine

66

Computer Related Offences

66A

Sending Offensive Messages

66B

Dishonestly Receiving stolen computer resource etc.

Aims to protect the proprietary rights of a person over computer hardware, software and data.

Imprisonment 3 years Maximum fine Rs. 1,00,000/- or both

66C

Identity Theft

Covers the act of dishonestly using the electronic signature, password or any other unique identification feauture of any person.

Imprisonment 3 years and a Maximum fine Rs. 3,00,000/-

Section 66D

Offence Cheating by Impersonation

Explanation This means assuming another identity with a fraudulent intent. This covers crimes by the use of any computer resource or communication device too. This aims to prevent the use of hidden cameras in any manner to violate the body privacy of a person. This aims to punish the use of cyber-technology in terrorism such as intentionally penetrating or accessing a computer resource without authorization. Takes place when a person transmits in electronic form, any information that is obscene and morally depraving and corrupting for people Takes place when a person transmits in the electronic form any material containing explicit sexuality.

Penalty Imprisonment 3 years maximum and Maximum fine Rs. 1,00,000/-

66E

Violation of Privacy

Imprisonment 3 years maximum and Maximum fine Rs. 2,00,000/- or both Imprisonment. ( Can also be for lifetime )

66F

Cyber-Terrorism

67

Transmitting obscene or pornographic material

First time 3 years imprisonment with maximum fine of Rs 5 lakh Second Time Imprisonment 5 years with maximum fine of Rs 10 lakh First time 5 years imprisonment with maximum fine of Rs 10 lakh Second Time Imprisonment 7 years with maximum fine of Rs 10 lakh

67A

Transmitting obscene or pornographic material

Section 67B

Offence Transmitting obscene or pornographic material

Explanation Trasmitting anything in the electronic form showing children in explicit sexuality/encouraging children to have online relationship for sexuality.

Penalty First time 5 years imprisonment with maximum fine of Rs 10 lakh Second Time Imprisonment 7 years with maximum fine of Rs 10 lakh Imprisonment 2 years Maximum fine Rs. 1,00,000/or both

68

Failure to Comply with Controllers Directiions

Self explanatory When the certifying authority or any employee of such authority fails to comply with the orders of the controller.

71

Misrepresentation before Controller

Making any misrepresentation/suppresing any material fact from Controller for obtaining any licence or Electronic Signature Certificate
Self explanatory, if the central government orders any agency of its own to intercept, monitor or decrypt info, it must to do so. Self explanatory, if the central government orders any agency of its own to block any information from the public, it must to do so.

Imprisonment 2 years Maximum fine Rs. 1,00,000/or both

69

Violation of Central Governments direction to intercept, monitor or decrypt information Violation of Central Governments direction to block information to public.

Maximum imprisonment of 7 years and fine.

69A

Maximum imprisonment of 7 years and fine.

Section 69B

Offence Violation of Central Governments direction authorising to monitor or collect traffic date for Cyber-Security Accessing computer resource which is declared as a protected system by the Government Breach of Confidentiality/Privacy

Explanation If the central government orders any agency of its own to collect/monitor traffic data or info generated, stored or received in any computer resource, it must do so. If any unauthorized person tries to access a computer resource which is a protected system according to the government, hel be liable to be punished. A person representing an authority has the power to access electronic record/other info of a person without his consent. However, if he discloses it to a 3rd party, he can be punished. A person knowlingly publishing a fraudulent/erroneous ESC shall be liable to be punished.

Penalty Maximum imprisonment of 3 years and fine.

70

Maximum imprisonment of 10 years and fine.

72

Imprisonment 2 years Maximum fine Rs. 1,00,000/- or both

73

Publishing erroneous/fraudulent electronic signature certificate

Imprisonment 2 years Maximum fine Rs. 1,00,000/- or both

74

Making an ESC for any fraudulent or unlawful person

Similar to the previous section.

Imprisonment 2 years Maximum fine Rs. 1,00,000/- or both

CERT-IN
The Indian Computer Emergency Response Team
Under the powers of Sec 70(B), CERT-IN is an agency appointed by the Central Govt. This agency is the focal point of the efforts of India to build an institutional mechanism to guarantee cybersecurity in the nation. It is headed by a Director General

Functions of CERT-IN
Collection, analysis and dissemination of info on cyber incidents. Forecast and alerts of cyber security incidents Emergency measures for handling cyber security incidents Coordination of cyber incidents response activities Issues guidelines, advisories, vulnerability notes and white papers relation to information security practices, procedures, prevention, response and reporting of cyber-incidents. Such other functions relating to cyber security as may be prescribed.