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** IPC 204 – Destruction of [ document or electronic record] to prevent its

production as evidence - Destruction of 1[document or electronic record] to prevent


its production as evidence.—Whoever secretes or destroys any 1[document or
electronic record] which he may be lawfully compelled to produce as evidence in a
Court of Justice, or in any proceeding lawfully held before a public servant, as such, or
obliterates or renders illegible the whole or any part of such 1[document or electronic
record] with the intention of preventing the same from being produced or used as
evidence before such Court or public servant as aforesaid, or after he shall have been
lawfully summoned or required to produce the same for that purpose, shall be punished
with imprisonment of either description for a term which may extend to two years, or
with fine, or with both.

IT ACTS 2000:
India has seen a sharp increase over the last few years in the commission of cybercrime and the loss
has proven to be significant. In order to deal with such crimes, Information Technology Act 2000
was enacted to provide a legal framework to address issues of:
 Legal Recognition of Electronic Documents
 Legal Recognition of Digital Signatures
Offenses and Contraventions in the cyber space
CYBER CRIMES AND RELEVANT SECTIONS OF LAW:

Cyber Attacks/Crimes & Amendments Sections Relevant in IT Act 2000


Cyber Stalking 43,66
Intellectual Property Crime 43,65,66
Salami Attack 43,66
Phishing 43,66,66C
Personal Data Theft 43,43A
Identity Theft 43
Spoofing 43,66
Data Theft 43,43A, 65,66
Worms, Trojan Horses, Virus, etc 43,66
Sabotage of computer 43,66
DoS, DDoS 43,66,66f
Money laundering on Web 43,66,66C,66D
Cyber Attacks/Crimes & Amendments Sections Relevant in IT Act 2000
Publishing or transmitting obscene material 67
Pornography 67A
Child Pornography 67B
Violation of Privacy 66E
Dishonestly receiving stolen 66B
computer/communication device
Cyber Terrorism 66F
Hacking of Protected Systems 70
Offensive Messages 66A

CYBER CRIME SECTIONS AND DESCRIPTIONS:

SECTION DESCRIPTION COMPENSATION


NUMBER AND
Section 43: Penalty and If any person without The person shall be liable to pay
Compensation for damage to permission of the owner or any damages by way of
computer, computer system, other person who is in charge compensation not exceeding
etc of a computer, computer one crore rupees to the person
system or computer network so affected.
Section 43A: Compensation for Where a body corporate, The person shall be liable to pay
failure to protect data possessing, dealing or handling damages by way of
any sensitive personal data or compensation, to the person so
information in a computer affected.
resource which it owns,
controls or operates, is
negligent in implementing and
maintaining reasonable security
practices and procedures and
thereby causes wrongful loss or
wrongful gain to any person,
such body corporate shall be
liable to pay damages.

Section 65: Tampering with Whoever knowingly or The person shall be liable for
Computer Source Documents intentionally conceals, destroys imprisonment up to three years,
or alters or intentionally or or with fine which may extend
knowingly causes another to up to two lakh rupees, or with
conceal, destroy or alter any both.
SECTION DESCRIPTION COMPENSATION
NUMBER AND
computer source code used for
a computer, computer program,
computer system or computer
network, when the computer
source code is required to be
kept or maintained by law for
the time being in force shall be
punished.
Section 66: Computer Related If any person, dishonestly, or The person shall be punished for
Offences fraudulently, does any act a term which may extend to
referred to in section 43, he three years or with fine which
shall be punishable. may extend to rupees one lakh
or with both.
Section 66 A: Sending offensive Any person who sends, by The person shall be liable for
messages through means of a computer resource imprisonment up to three years,
communication service, etc. or a communication device or with fine which may extend
up to two lakh rupees, or with
both.
Section 66 B: Dishonestly Whoever dishonestly receives The person shall be punished for
receiving stolen computer or retains any stolen computer a term which may extend to
resource or communication resource or communication three years or with fine which
device device knowing or having may extend to rupees one lakh
reason to believe the same to or with both.
be stolen computer resource or
communication device shall be
punished.
Section 66 C:Identity Theft Whoever, fraudulently or The person shall be liable for
dishonestly make use of the imprisonment for a term which
electronic signature, password may extend to three years and
or any other unique shall also be liable to fine which
identification feature of any may extend to rupees one lakh.
other person is liable for
Section 66 D: Cheating by punishment.
Whoever, by means of any The person shall be liable for a
personation by using computer communication device or term which may extend to three
computer resource cheats by years and fine which may extend
personation shall be liable for to one lakh rupees
punishment?
Section 66 E: Violation of Whoever, intentionally or The person shall be punished
Privacy knowingly captures, publishes with imprisonment which may
or transmits the image of a extend to three years or with
private area of any person fine not exceeding two lakh
without his or her consent, rupees, or with both.
under circumstances violating
the privacy of that person shall
be punished.
SECTION DESCRIPTION COMPENSATION
NUMBER AND
Section 66 F: Punishment for o With intent to threaten the The person shall be punishable
cyber terrorism unity, integrity, security or with imprisonment which may
sovereignty of India or extend to imprisonment for life.
o To strike terror in the people
or any section of the people
and by means of such conduct
causes
o Is likely to cause death or
injuries to persons or
o Damage to or destruction of
property or
o Disrupts or knowing that it is
likely to cause damage or
o Disruption of supplies or
services essential to the life of
the community or
o Adversely affect the critical
information infrastructure
specified under section70;
Section 67: Publishing or Whoever publishes or transmits The person shall be punished on
transmitting obscene material or causes to be published in the first conviction with
in electronic form electronic form, any material imprisonment of either
which is lascivious or appeals to description for a term which
the prurient interest or if its may extend to three years and
effect is such as to tend to with fine which may extend to
deprave and corrupt persons five lakh rupees and in the event
who are likely, having regard to of a second or subsequent
all relevant circumstances, to conviction with imprisonment of
read, see or hear the matter either description for a term
contained or embodied in it, which may extend to five years
shall be punished. and also with fine which may
extend to ten lakh rupees.
Section 67 A: Publishing or Whoever publishes or transmits The person shall be punished on
transmitting of material or causes to be published or first conviction with
containing sexually explicit act, transmitted in the electronic imprisonment of either
etc. in electronic form form any material which description for a term which
contains sexually explicit act or may extend to five years and
conduct shall be punished with fine which may extend to
ten lakh rupees and in the event
of second or subsequent
conviction with imprisonment of
either description for a term
which may extend to seven
years and also with fine which
may extend to ten lakh rupees.
SECTION DESCRIPTION COMPENSATION
NUMBER AND
Section 67 B: Publishing or Whoever: The person shall be punished on
transmitting of material • Publishes or transmits or first conviction with
containing sexually explicit act, causes to be published or imprisonment for a term which
etc. in electronic form transmitted material in any may extend to five years and
electronic form which depicts with a fine which may extend to
children engaged in sexually ten lakh rupees and in the event
explicit act or conduct; or of second or subsequent
• Creates text or digital images, conviction with imprisonment
collects, seeks, browses, for a term which may extend to
downloads, advertises, seven years and also with fine
promotes, exchanges or which may extend to ten lakh
distributes material in any rupees
electronic form depicting
children in obscene or
indecent or sexually explicit
Section 68: Power of Controller manner;
The or may, by order,
Controller Any person who intentionally or
to give directions direct a Certifying Authority or knowingly fails to comply with
any employee of such Authority any order under this section
to take such measures or cease shall be guilty of an offence and
carrying on such activities as shall be liable on conviction to
specified in the order if those are imprisonment for a term not
necessary to ensure compliance exceeding two years or to a fine
with the provisions of this Act, not exceeding one lakh rupees
rules or any regulations made or to both
there under.

Section 69 A: Power to issue Where the Central Government The intermediary who fails to

directions for blocking for public or any of its officer specially comply with the direction
access of any information through authorized by it in this behalf is
issued under sub-section (1)
any computer resource
satisfied that it is necessary or
shall be punished with an
expedient so to do in the interest
of sovereignty and integrity of imprisonment for a term which
India, defense of India, security
of the State, friendly relations may extend to seven years and also
with foreign be liable to fine.
states or public order or for
preventing incitement to the

commission of any cognizable

offence relating to above, it may


subject to the provisions of sub-
sections (2) for reasons to be
recorded in writing, by order
SECTION DESCRIPTION COMPENSATION
NUMBER AND direct any agency of the
Government or intermediary to
block access by the public or
cause to be blocked for access by
public any information
generated, transmitted, received,
stored or hosted in any computer
resource.

Section 70: Protected System o Any person who secures Any service provider,
access or attempts to secure
access to a protected system intermediaries, data centers,
in contravention of the
provisions of this section shall body corporate or person who
be punished.
o The appropriate Government fails to provide the information
may, by notification in the
called for or comply with the
Official Gazette, declare any
computer resource which direction under this section
directly or indirectly affects
the facility of Critical shall be punishable with
Information Infrastructure, to
be a protected system. imprisonment for a term which
o Explanation: For the purposes
of this section, "Critical may extend to one year or with
Information Infrastructure"
means the computer fine which may extend to one
resource, the incapacitation
or destruction of which, shall lakh rupees or with both.
have debilitating impact on
national security, economy,
public health or safety.

Section 71: Penalty for Whoever makes any The person shall be punished with
misrepresentation misrepresentation to, or imprisonment for a term which
suppresses any material fact may extend to two years, or with
from, the Controller or the fine which may extend to one lakh
Certifying Authority for
rupees, or with both.
obtaining any license or
Electronic Signature Certificate,
as the case may be, shall be
punished.
SECTION DESCRIPTION COMPENSATION
NUMBER AND
Section 73: Penalty for publishing No person shall publish an The person shall be punished with
electronic Signature Certificate Electronic Signature Certificate imprisonment for a term which
false in certain particulars or otherwise make it available may extend to three years, or
to any other person with the with a fine which may extend to
knowledge that: five lakh rupees, or with both.

> The Certifying Authority


listed in the certificate has
not issued it; or
> The subscriber listed in the
certificate has not accepted
it; or
> The certificate has been
revoked or suspended
> Unless such publication is
for the purpose of verifying
a digital signature created
prior to such suspension or
revocation shall be
Section 74: Publication for punished.
Whoever knowingly creates Imprisonment for a term which
fraudulent practice
publishes or otherwise makes may extend to two years, or with

available an Electronic Signature fine which may extend to one lakh


rupees, or with both.
Certificate for any fraudulent or
unlawful purpose shall be

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