February 01, 2002

‘7’

PENALTIES UNDER CYBER LAW

    The Information Technology Act, 2000 and the rules framed thereunder provide for several types of penalties for cyber space crimes.

    Under Section 43 of Chapter IX of the Act, whoever without the permission of the person in-charge of the computer system accesses, downloads any data, introduces computer virus, causes denial of access will be liable to a penalty upto rupees one crore.

    In addition, in Chapter XI under Section 65, whoever tampers with computer source documents knowingly or intentionally conceals, destroys or alters or causes another to conceal, destroy or alter any computer source code whall be punishable with imprisonment upto three years or with fine which may extend upto rupees two lakhs or with both.

    In the area of hacking with computer system, whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking. Whoever commits hacking shall be punished with imprisonment upto three years or with fine which may extend to rupees two lakhs or with both. This provision is enshrined in Section 66 of the Act.

    In the area of electronic pornography, whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to rupees one lakh and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to rupees two lakh. This provision is incorporated under Section 67 of the Act.

    In addition, all the relevant provisions of the Code of Criminal Procedure, Indian Penal Code and the Evidence Act have been extended to cover the cyber space crimes. Special provisions have been made for evidence relating to electronic records. Under Section 65A of the IT Act, the contents of electronic records may be proved in accordance with provisions of Section 65B.