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Section 78 of the Information Technology Act, 2000
Section 78 of the Information Technology Act, 2000 assigns investigation of every offence under that Act to a police officer not below the rank of Deputy Superintendent of Police. The requirement operates notwithstanding anything contained in the Code of Criminal Procedure, 1973, and prescribes the minimum police rank competent to investigate offences under the Act.
Section 77 of the Information Technology Act, 2000
Penalty or confiscation under the Information Technology Act, 2000 does not bar any other punishment to which the affected person remains liable under any other law in force.
Section 76 of the Information Technology Act, 2000
Computers, computer systems, storage media, tape drives, and related accessories may be confiscated where connected with a contravention of the Information Technology Act, 2000, or subordinate rules, orders, or regulations. If the adjudicating court finds that the person possessing or controlling the equipment was not responsible for the contravention, it may decline confiscation and make another authorised order against the responsible contravener.
Section 75 of the Information Technology Act, 2000
Section 75 applies the Information Technology Act, 2000 to offences and contraventions committed outside India irrespective of nationality. Its extra-territorial operation requires that the act or conduct constituting the offence or contravention involve a computer, computer system, or computer network located in India.
Section 74 of the Information Technology Act, 2000
Fraudulent or unlawful handling of Digital Signature Certificates is criminalised when a person knowingly creates, publishes, or otherwise makes a certificate available for that purpose. The offence encompasses each specified mode of certificate dissemination and requires knowledge of the fraudulent or unlawful purpose. Punishment may include imprisonment for up to two years, a fine up to one lakh rupees, or both.
Section 73 of the Information Technology Act, 2000
Section 73 prohibits the knowing publication or availability of a Digital Signature Certificate where it was not issued by the named Certifying Authority, was not accepted by the listed subscriber, or has been revoked or suspended. A revoked or suspended certificate may be published only to verify a digital signature created before the suspension or revocation. Contravention may result in imprisonment, fine, or both.
Section 72 of the Information Technology Act, 2000
Breach of confidentiality and privacy arises when a person obtaining access to electronic records or related material through statutory powers discloses it without the concerned person's consent. Unless disclosure is otherwise permitted by law, the offence is punishable with imprisonment, fine, or both.
Section 71 of the Information Technology Act, 2000
Section 71 criminalises misrepresentation and suppression of material facts made to the Controller or Certifying Authority for obtaining a licence or Digital Signature Certificate. The offence is punishable by imprisonment for up to two years, a fine up to one lakh rupees, or both.
Section 70 of the Information Technology Act, 2000
Section 70 permits the appropriate Government to declare a computer, computer system or computer network a protected system through notification in the Official Gazette. Persons may access a notified protected system only when authorised by a written order. Securing or attempting to secure access in contravention of these requirements is punishable with imprisonment for up to ten years and a fine.
Section 69 of the Information Technology Act, 2000
Controller-authorised interception may be directed to a Government agency where necessary or expedient for sovereignty or integrity, State security, friendly relations with foreign States, public order, or prevention of incitement to a cognizable offence. Subscribers and persons in charge of computer resources must provide facilities and technical assistance to decrypt information when called upon by the directed agency. Failure to provide decryption assistance is punishable with imprisonment extending to seven years.
Section 68 of the Information Technology Act, 2000
Section 68 empowers the Controller to direct a Certifying Authority or its employee to take specified measures or stop specified activities when necessary to secure compliance with the Act, rules, or regulations. Failure to comply constitutes an offence punishable on conviction by imprisonment up to three years, a fine up to two lakh rupees, or both.
Section 67 of the Information Technology Act, 2000
Electronic obscenity is criminalised where material published or transmitted electronically is lascivious, appeals to prurient interest, or tends to deprave and corrupt likely recipients in the relevant circumstances. Liability extends to persons causing such publication, and penalties escalate for subsequent convictions.
Section 66 of the Information Technology Act, 2000
Hacking arises where a person intends, or knows the conduct is likely, to cause wrongful loss or damage to the public or any person by destroying, deleting, or altering information in a computer resource. It also includes diminishing that information's value or utility or injuriously affecting it by any means. The conduct is punishable by imprisonment, fine, or both.
Section 65 of the Information Technology Act, 2000
Knowingly or intentionally concealing, destroying or altering legally required computer source code, or causing another person to do so, is punishable. The covered source code includes programme listings, computer commands, design and layout, and programme analysis of a computer resource in any form. Punishment may include imprisonment, fine, or both.
Section 64 of the Information Technology Act, 2000
Unpaid penalties imposed under the Information Technology Act, 2000 are recoverable as arrears of land revenue. Where a penalty remains unpaid, the relevant licence or Digital Signature Certificate shall be suspended until payment, combining revenue-style recovery with suspension of the applicable licence or certificate. Recovery and suspension therefore continue in force throughout the period in which the penalty remains unpaid.
Section 63 of the Information Technology Act, 2000
Section 63 authorises the Controller, a specially authorised officer, or the adjudicating officer to compound a contravention before or after adjudication begins. Compounding is subject to conditions fixed by the competent officer, and the sum imposed cannot exceed the maximum penalty otherwise imposable. Repeat or similar contraventions within three years are ineligible for compounding, while compounding prevents further proceedings concerning the resolved contravention.
Section 62 of the Information Technology Act, 2000
Section 62 permits a person aggrieved by a decision or order of the Cyber Appellate Tribunal to appeal before the High Court on a question of fact or law arising from the order. The appeal must be filed within sixty days of communication of the order. On sufficient cause for delay, a further filing period not exceeding sixty days may be allowed.
Section 61 of the Information Technology Act, 2000
Civil court jurisdiction is excluded for suits or proceedings concerning matters assigned under the Information Technology Act, 2000 to an adjudicating officer or the Cyber Appellate Tribunal for determination. Courts and other authorities are also barred from granting injunctions against actions taken, or proposed to be taken, pursuant to powers conferred under the Act. The provision establishes a statutory bar on civil proceedings and injunctive relief within the specialised adjudicatory framework.
Section 60 of the Information Technology Act, 2000
Limitation for appeals to the Cyber Appellate Tribunal is governed, as far as applicable, by the Limitation Act, 1963. Its limitation framework applies to appeals made to the Tribunal, subject to suitability in the appellate context.
Section 59 of the Information Technology Act, 2000
Right to legal representation before the Cyber Appellate Tribunal allows an appellant to appear personally or use authorised representation. One or more legal practitioners, or any officer of the appellant, may present the case. Personal appearance remains available, while authorised representation permits the appellant's case to be presented before the Tribunal.