Penalty and Adjudication

Information Technology Act 2000

Section 66F:Punishment for cyber terrorism
Cyber terrorism simply means using or targeting cyber space to spread terrorism.

(A) Sec. 66F provides that a person commits cyber terrorism if he uses cyber space with
intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the
people or any section of the people by (method):

(i) denying or causing the denial of access to any person authorized to access computer
resource; or
(ii) attempting to access a computer resource without authorization or exceeding authorized
access; or
(iii) introducing or causing to introduce any computer contaminant. And by means of such
conduct causes (outcome) or is likely to cause death or injuries to persons or damage to or
destruction of property or disruption of supplies or services essential to the life of the
community or adversely affect the critical information infrastructure specified under Sec. 70
or
Section 66F:Punishment for cyber terrorism
(B) knowingly accesses a computer resource without authorization and obtains access to
secret information which may be used to cause injury to the security of the State, public
order or to the advantage of any foreign nation or otherwise commits the offence of cyber
terrorism.

Punishment : Imprisonment which may extend to life imprisonment

Section 67 :Publishing of information in obscene
form
•Whoever publishes or transmits or causes to be published or transmitted 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
Punishment:
First Conviction: Imprisonment up to 3 years and fine up to ₹ 5 lakhs
Subsequent Conviction: Imprisonment up to 5 years and fine up to ₹ 10 lakhs
Section 67A-Punishment for publishing or
transmitting of material contains sexually act in
Electronic form

● First Conviction: Imprisonment up to 5 years and ₹ 10 lakhs

● Subsequent Conviction: Imprisonment up to 7 years and fine ₹ 10 lakhs
Punishment or transmitting of material depicting
children in sexualy explicit act in electronic form
● Under section 67 (B) of Information Technology Act 2000
● First Conviction: Imprisonment up to 5 years with fine up to ₹ 10 lakhs
● Subsequent Conviction: Imprisonment up to 7 years with fine up to ₹ 10 lakhs
Section 68: Power of Controller to give directions
◈ The Controller may, by order, direct a
Certifying Authority or any employee of such
Authority to take such measures or cease
carrying on such activities as specified in the
order if those are necessary to ensure
compliance with the provisions of this Act,
rules or any regulations made thereunder.
Government’s Agency power to Intercept
(Section -69)

◈ “intercept, monitor and decrypt” information

through a “computer resource” seems
misplaced because these agencies already had
this power under the IT Act, according to
current and former government officials.
Section 70: Protected system
Protected system The term “protected system
A) means any service, physical or computer-based
system, process, or procedure that directly or
indirectly affects the viability of a facility of
critical infrastructure
(B) includes any physical or computer-based
system, including a computer, computer system
Section 71: Penalty for misrepresentation
Whoever makes any misrepresentation to, or suppresses any
material fact from, the Controller or the Certifying Authority for
obtaining any license or Electronic Signature Certificate, as the
case may be, shall be punished with:-

Imprisonment which may extend to two years.

Fine: may extend to one lakh rupees.
Or with both.
 Section 72 under IT act - Penalty for Breach of
confidentiality and privacy
Section 72 of the Act applies to any person who, in exercise of any of the powers given by
the Act or its allied rules and regulations, obtains access to any of the following:
i) Electronic record
ii) book
iii) Register
iv) Correspondence
v) Information
vi) Document
vii) Other material
If such person discloses such electronic record, book,
register,correspondence, information, document or other material to any
other person, he will be punished with :-
imprisonment for a term, which may extend to 2 years.
or with fine, which may extend to one lakh rupees.
or with both.

This section applies only to person who has gained access to the above
mentioned information in pursuance to a power granted under Information
Technology Act, its allied rules e.g. a police officer, the Controller etc. it
would not apply to disclosure of personal information of a person by a
website, by his email service provider etc.
Publication for fraudulent purpose (Section 74)
◈ Whoever knowingly creates, publishes or otherwise makes available a
Electronic Signature Certificate for any fraudulent or unlawful purpose
shall be punished with imprisonment for a term which may extend to
two years, or with fine which may extend to one lakh rupees, or with
both.
Outside India offences (Section 75)
◈ (1) Subject to the provisions of sub-section (2), the provisions of this
Act shall apply also to any offence or contravention committed outside
India by any person irrespective of his nationality.
◈ (2) For the purposes of sub-section (1), this Act shall apply to an
offence or contravention committed outside India by any person if the
act or conduct constituting the offence or contravention involves a
computer, computer system or computer network located in India
◈ Case of levin and citibank
Confiscation (Section 76)

◈ “Act done by a person bound, or by mistake of fact

believing himself bound, by law”

◈ Nothing is an offence which is done by a person who is, or who

by reason of a mistake of fact and not by reason of a mistake of
law in good faith believes himself to be, bound by law to do it.
Network service provider not liable in certain case
No person providing any service as a network service provider shall be liable under
this act,rules or regulations made thereunder for any third party information or data
made available by him, if he proves that the offence or contravention was committed
without his knowledge, or he had exercised all due diligence to prevent the
commission of such an offence or contravention.

For the purpose of this section,

1. ‘Network service provider’ means an intermediary
2. ‘Third party information’ means any information dealt with by a network service
provider in his capacity as an intermediary (Section 79)
 Section 80-90
MISCELLANEOUS
Power of police officer to enter and search
(Section 80)
◈ (1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, any police officer, not below the rank of a Inspector or
any other officer of the Central Government or a State Government
authorized by the Central Government in this behalf may enter any
public place and search and arrest without warrant any person found
therein who is reasonably suspected of having committed or of
committing or of being about to commit any offence under this Act.
Power of police officer to enter and search
(Section 80)
◈ (2) Where any person is arrested under sub-section (1) by an officer
other than a police officer, such officer shall, without unnecessary
delay, take or send the person arrested before a magistrate having
jurisdiction in the case or before the officer-in-charge of a police
station.
◈ (3) The provisions of the Code of Criminal Procedure, 1973 shall,
subject to the provisions of this section, apply, so far as may be, in
relation to any entry, search or arrest, made under this section.
Act to have overriding effect
(Section 81)
◈ The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in
force.
◈ Provided that nothing contained in this Act shall restrict any person
from exercising any right conferred under the Copyright Act 1957 or the
Patents Act 1970.
 Chairpersons, Members, Officers and Employees
to be Public Servants
(Section 82)
◈ The Chairperson, Members and other officers and employees of a
Cyber Appellate Tribunal, the Controller, the Deputy Controller and the
Assistant Controllers shall be deemed to be Public Servants within the
meaning of section 21 of the Indian Penal Code.
 Power to give directions
(Section 83)

◈ The Central Government may give directions to any State Government

as to the carrying into execution in the State of any of the provisions of
this Act or of any rule, regulation or order made there under.
 Protection of action taken in good faith
(Section 84)

◈ No suit, prosecution or other legal proceeding shall lie against the

Central Government, the State Government, the Controller or any
person acting on behalf of him, the Chairperson, Members, Adjudicating
Officers and the staff of the Cyber Appellate Tribunal for anything which
is in good faith done or intended to be done in pursuance of this Act or
any rule, regulation or order made there under.
 Offences by Companies
(Section 85)
◈ (1) Where a person committing a contravention of any of the provisions
of this Act or of any rule, direction or order made there under is a
Company, every person who, at the time the contravention was
committed, was in charge of, and was responsible to, the company for
the conduct of business of the company as well as the company, shall
be guilty of the contravention and shall be liable to be proceeded
against and punished accordingly:
◈ Provided that:nothing contained in this subsection shall render any such
person liable to punishment if he proves that the contravention took
place without his knowledge or that he exercised all due diligence to
prevent such contravention.
 Offences by Companies
(Section 85)
◈ (2) Notwithstanding anything contained in sub-section (1), where a
contravention of any of the provisions of this Act or of any rule,
direction or order made there under has been committed by a company
and it is proved that the contravention has taken place with the consent
or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be
guilty of the contravention and shall be liable to be proceeded against
and punished accordingly.
 Removal of Difficulties
(Section 86)
◈ (1) If any difficulty arises in giving effect to the provisions of this Act,
the Central Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient for removing the difficulty:
◈ Provided that no order shall be made under this section after the expiry
of a period of two years from the commencement of this Act. (2) Every
order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
 Power of Central government to make rules
(Section 87)

◈ (1) The Central Government may, by notification in the Official Gazette,

make rules to carry out the provisions of this Act.
 Constitution of Advisory
(Section 88)
◈ (1) The Central Government shall, as soon as may be after the
commencement of this Act, constitute a Committee called the Cyber
Regulations Advisory Committee.
◈ (2) The Cyber Regulations Advisory Committee shall consist of a
Chairperson and such number of other official and non-official members
representing the interests principally affected or having special
knowledge of the subject-matter as the Central Government may deem
fit.
 Constitution of Advisory
(Section 88)
◈ (3) The Cyber Regulations Advisory Committee shall advise –

(a) the Central Government either generally as regards any rules or for
any other purpose connected with this Act;

(b) the Controller in framing the regulations under this Act.

◈ (4) There shall be paid to the non-official members of such Committee

such traveling and other allowances as the Central Government may
fix.
Power of controller to make regulations
(Section 89)

(1) The Controller may, after consultation with the Cyber Regulations
Advisory Committee and with the previous approval of the Central
Government, by notification in the Official Gazette, make regulations
consistent with this Act and the rules made there under to carry out the
purposes of this Act .
Power of state government to make regulations
(Section 90)
(1) The State Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following
matters, namely –

(a) the electronic form in which filing, issue, grant receipt or payment
shall be effected under sub-section (1) of section 6;
(b) for matters specified in sub-section (2) of section 6;
Power of state government to make regulations
(Section 90)

(3) Every rule made by the State Government under this section shall
be laid, as soon as may be after it is made, before each House of the
State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.`