Offence under Information Technology

Information Technology Act, 2000(also known as IT Act 2000) provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as“electronic commerce”, which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend The Indian Penal Code, The Indian Evidence Act, 1872, The Banker’s Books Evidence Act, 1891 and The Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.The General Assembly of the United Nations by resolution dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law and it is enacted by Parliament in the Fifty-first Year of the Republic of India

The Information Technology Act, 2000 extend to the whole of India and it applies also to any offense or contravention thereunder committed outside India by any person

Sections and its Amendment for offence under Information Technology Act 2000

In Information Technology Act 2000 Chapter 11, Section 65 to 78 says about Offense,Punishment and Penalties.There is a major Amendment in Chapter 11,they are as fellows;

1. Substitution for new Section 66 and 67
2. Amendment of section 68
3. Substitution for new Section 69
4. Amendment of section 70
5. Substitution for new section 77
6. Amendment on section 78

Note

• Cognizable offence :Cognizable offences are those where a police officer can arrest without warrant.
• Non Cognizable offence :Non cognizable offences are those, where a police officer cannot arrest without a warrant.
• Bailable offence :A bailable offence is one, in which, bail is a matter of right.
• Non Bailable offence :Non bailable offence is one, in which granting of bail is discretion of the court.

Section	Kinds of Offences	Punishment	Cognizable/Non-cognizable	Bailable/Non-Bailable offences
Sec 65	Tampering with Computer Source Document	punishable with imprisonment up to three years,or with fine which may extend up to two lakh rupees,or with both	Cognizable	Bailable
	Hacking with Computer System	punishable with imprisonment up to three years, or with fine which may extend upto two lakh rupees, or with both	Cognizable	Bailable
Sec 66	Computer related offences	punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both	Cognizable	Bailable
Sec 66A	Punishment for sending offensive messages through communication services etc	punishable with imprisonment for a term which may extend to two three years and with fine	Cognizable	Bailable
Sect 66B	Punishment for dishonestly receiving stolen computer resources or communication devices	punishable with imprisonment up to three years,or with fine which may extend up to two lakh rupees,or with both	Cognizable	Bailable
Sec 66C	Punishment for identity theft	punishable with imprisonment up to three years,or with fine which may extend up to two lakh rupees,or with both	Cognizable	Bailable
Sec 66D	punishment for cheating by personation by computer resources	punishable with imprisonment up to three years,or with fine which may extend up to two lakh rupees,or with both	Cognizable	Bailable
Sec 66E	punishment for violation of privacy	punishable with imprisonment up to three years, or with fine which may extend upto two lakh rupees, or with both	Cognizable	Bailable
Sec 66F	Punishment for cyber terrorism	punishable with imprisonment which may extend to imprisonment for life	Cognizable	Non Bailable
	Punishment of information which is obscene in electronic form	In first conviction its punishable with imprisonment with maximum five years and with fine which may extend to one lakh rupees and in second conviction its punishable with imprisonment to ten years and also fine which may extend to two lakh rupees	Cognizable	Bailable
Sec 67	punishment for publishing or transmitting obscene material in electronic form	In first conviction its punishable with imprisonment with maximum three years and with fine which may extend to five lakh rupees and in second conviction its punishable with imprisonment to five years and also fine which may extend to ten lakh rupees	Cognizable	Bailable in case of first conviction only. Second or subsequent conviction shall be non bailable
Sec 67A	Punishment for publishing or material containing sexually explicit act, etc ,in electronic form	In first conviction its punishable with imprisonment with maximum three years and with fine which may extend to five lakh rupees and in second conviction its punishable with imprisonment to five years and also fine which may extend to ten lakh rupees	Cognizable	Non-bailable in both first and second conviction
Sec 67B	Punishment for publishing or transmitting of material depicting children in sexually explicit act in electronic form	In first conviction its punishable with imprisonment with maximum three years and with fine which may extent to five lakh rupees and in second conviction its punishable with imprisonment to five years and also fine which may extend to ten lakh rupees	Cognizable	Non-bailable in both first and second conviction
Sec 71	Penalty for misrepresentation	punishable with imprisonment up to two years,or with fine which may extend up to one lakhe rupees,or with both	Cognizable	Non Bailable
Sec 72	Penalty for breach of confidentiality and privacy	punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both	Cognizable	Bailable
Sec 72A	Punishment for disclosure of information in breach of lawful contract	punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both	Cognizable	Bailable
Sec 73	Penalty for publishing digital signature certificate false in certain particular	punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both	Cognizable	Bailable
Sec 74	Publication for fraudulent purpose	punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both	Cognizable	Bailable