The Information Technology (IT) Act of 2000, amended in 2008, provides legal recognition for digital transactions and regulates cybercrime in India, covering uses like electronic commerce and establishing penalties for various cyber offenses, such as unauthorized access, data theft, hacking, and identity theft. Punishments under the Act vary by offense, ranging from monetary penalties up to ₹1 crore for minor violations to imprisonment up to three years and fines up to ₹5 lakh for offenses like fraudulent computer access, with penalties increasing for more serious crimes such as cyber terrorism.
Uses of the IT Act
- Electronic Commerce: It provides legal validity to digital signatures and other electronic records for conducting transactions without paper-based methods.
- Data Protection: It includes provisions for protecting sensitive consumer information from unauthorized access and use.
- Digital Authentication: It recognizes digital signatures as a valid form of authentication for documents and information.
Punishments for Cybercrimes
- Unauthorized Access (Section 43): Accessing or downloading data without permission can result in a penalty of up to ₹1 crore.
- Hacking (Section 66): Dishonestly or fraudulently accessing a computer resource is punishable by imprisonment up to three years and/or a fine of up to ₹5 lakh.
- Identity Theft (Section 66C): Illegally using another person's unique identification features, such as a password, can lead to imprisonment for up to three years and/or a fine of up to ₹1 lakh.
- Cheating by Personation (Section 66D): Using computer resources to cheat someone by pretending to be another person carries a punishment of imprisonment up to three years and/or a fine of up to ₹1 lakh.
- Cyber Terrorism (Section 66F): Acts that threaten India's sovereignty or security through cyber means are punishable by imprisonment for life.
- Publishing Obscene Material (Section 67): Transmitting obscene material in electronic form can result in a first-time conviction of imprisonment up to three years and a fine up to ₹5 lakh, with subsequent convictions facing up to five years in prison and a ₹10 lakh fine.
- Failure to comply with government directions (Sections 69 & 69A): Non-compliance with government orders regarding interception, monitoring, decryption, or blocking of information can result in imprisonment up to seven years and a fine.