Section 43 of IT Act 2000
Section 43 of Chapter IX of the IT Act, 2000 outlines various actions for which a penalty is imposed if done
without permission from the person in charge of the computer system. These actions are discussed below.
• Access information from the system
• Download or copy data with proper authorisation
• Introduce virus or other malicious software into the system
• Cause damage to a computer network or database
• Prevent an authorised user from accessing the system
• Assist others in breaching the provisions of the law
• Charge someone for services they have not utilised
• Alter or remove information to reduce its value or cause harm
• Steal or mess with the code that makes a computer program work
Section 66 of IT Act 2000
If an individual engages in any action outlined in Section 43 with dishonest or fraudulent intent, he/she shall
be subject to punishment. As per Section 66 of the IT Act 2000, this punishment may include imprisonment
for a period of up to 3 years, a fine of up to Rs. 5 lakh, or both.
Section 66A of IT Act 2000
The Information Technology Act of 2000 was amended to introduce a new section, Section 66A in order to
address instances of cybercrime arising from the emergence of technology and the internet. This section
imposes penalties for sending offensive messages through communication services.
As per this section, a person will face punishment in the following scenarios:
Sending information that is highly offensive or has a menacing character
Using a computer resource or communication device to send false information with the intent of causing
annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will
Sending any electronic mail or message with the intention of causing annoyance, inconvenience, deception, or
misleading the recipient
Section 66B of IT Act 2000
Section 66B outlines the punishment for dishonestly receiving stolen computer resources or communication
devices. As per this section, anyone who knowingly receives or retains any stolen computer resource or
communication device shall be liable to imprisonment for up to 3 years, or a fine of up to Rs. 1 lakh, or both.
Section 67A of the IT Act 2000
Section 67A deals with the punishment for publishing or sharing material containing sexually explicit acts in
electronic form. On 1st conviction, individuals who publish such material shall face imprisonment for up to 5
years and a fine of up to Rs. 10 lakh. In the event of a 2nd or subsequent conviction, the punishment may
extend to imprisonment for up to 7 years and a fine of up to Rs. 10 lakh.
Offences and Penalties Under IT Act 2000
There are provisions in the Information Technology Act 2000 that outline different offences and penalties
related to the misuse of technology and electronic communication. Let us take a look:
Section Offence Penalty
Section Tampering documents stored within a computer Imprisonment of 3 years or a fine of Rs. 2
65 system lakhs or both
Section Offences associated with computers or any act Imprisonment of 3 years or a fine that
66 outlined in Section 43 extends to Rs. 5 lakhs or both
Section Dishonestly receiving a stolen computer source or Imprisonment for 3 years or a fine of Rs. 1
66B device lakh or both
Section Identity theft Imprisonment of 3 years or a fine of Rs. 1
66C lakh or both
Section Cheating by personation Either imprisonment for 3 years or a fine
66D of Rs. 1 lakh or both
Section Invading privacy Either imprisonment up to 3 years or a fine
66E of Rs. 2 lakhs or both
Section Cyber terrorism Life imprisonment
66F
Section Sending explicit or obscene material in electronic Imprisonment of 5 years and a fine of Rs.
67 form 10 lakhs
Section Sending material containing sexually explicit acts Imprisonment of 7 years and a fine of Rs.
67A through electronic means 10 lakhs
Section Depicting children in sexually explicit form and Imprisonment of 7 years and a fine of Rs.
67B sharing such material through electronic mode 10 lakhs
Section Failure to preserve and retain the information by Imprisonment for 3 years and a fine
67C intermediaries
Cyber Crime Under IT Act 2000
When it comes to cybersecurity, there are 5 main types of laws followed in India. These include
the Information Technology Act 2000 (IT Act), the Indian Penal Code of 1860 (IPC), the Information
Technology Rules (IT Rules), the Companies Act of 2013, and the Cybersecurity Framework (NCFS).
The cyber law established under the IT Act of 2000 stands as the first cyber law approved by the Indian
Parliament. It highlights penalties and sanctions enacted by the Parliament of India that safeguard the sectors
of e-governance, e-banking and e-commerce.
Advantages and Disadvantages of IT Act 2000
While the IT Act of 2000 offers numerous benefits, it also carries certain disadvantages. Let us begin by
exploring its advantages.
• Before the Act was enacted, emails, messages and such other means of communication were not legally
recognised and thus not admissible as evidence in court. However, with the introduction of the IT Act of
2000, electronic communications gained legal recognition.
• By leveraging the legal infrastructure provided by this Act, companies can engage in e-commerce or e-
business.
• With the legalisation of digital signatures, it has become easier to carry out transactions online or verify the
identity of an individual on the internet.
• Corporations get statutory remedies in the event of unauthorised access or hacking into their computer
systems or networks.
• Individuals get monetary assistance or compensation as a remedy for damages of any kind incurred in
computer systems.
• The Act identifies and penalises various cybercrimes such as hacking, spamming, identity theft, phishing,
and so on, which were previously not addressed in any legislation.
• The Act permits companies to serve as certifying authorities and issue digital certificates.
• It empowers the Indian Government to issue notices on the internet through e-governance.
• Let us now walk through a list of disadvantages that came forth after the enactment of the Information
Technology Act 2000:
• The Information Technology Act of 2000 fails to address the issues involving domain names, and the
rights, and liabilities of domain owners.
• Despite the prevalence of copyright and patent issues in India, the Act still does not protect Intellectual
Property Rights when it comes to computer programs and networks.
• Various kinds of cybercrimes such as cyberstalking, cyber fraud, chat room abuse, theft of internet hours,
and many more are not covered by this Act.
• The IT Act has also failed to address critical issues such as privacy and content regulation.
With the rapid escalation of cybercrime cases in India, there emerged an urgent need for a mechanism to
detect and control them. The IT Act 2000 is a step towards safeguarding the data and sensitive information
stored with online intermediaries. In addition, this Act comes with various provisions that benefit citizens and
protect their data from misuse.
