Offences and Penalty
| Section under IT Act,2000 | Offence | Penalty |
| Sec.43 | Damage to computer,computer system, etc. | Compensation not exceeding onecrore rupees to the person soaffected |
| Sec.43A | Body corporate failureto protect data | Compensation not exceeding fivecrore rupees to the person soaffected |
| Sec.44(a) | Failure to furnishdocument, return orreport to theController or the Certifying Authority | Penalty not exceeding one lakh andfifty thousand rupees for each suchfailure |
| Sec.44(b) | Failure to file any return or furnish any information, books or other documents within the time specified | Penalty not exceeding five thousandrupees for every day during whichsuch failure continues |
| Sec 44(C) | Failure to maintainbooks of account orrecords | Penalty not exceeding ten thousandrupees for every day during whichthe failure continues |
| Sec 45 | Where no penalty hasbeen separatelyprovided | Compensation not exceedingtwenty-five thousand rupees to theperson affected by suchcontravention or a penalty notexceeding twenty-five thousandrupees |
| Sec 65 | Tampering withComputer sourcedocuments | Imprisonment up to three years, orwith fine which may extend up totwo lakh rupees, or with both |
| Sec 66 | Hacking withComputer systems,Data alteration etc. | Imprisonment for a term which mayextend to three years or with finewhich may extend to five lakhrupees or with both |
| Sec 66A | Sending offensivemessages throughcommunicationservice etc. | Imprisonment for a term which mayextend to three years and with fine |
| Sec.66B | Retains any stolencomputer resource orcommunication device | Imprisonment for a term which mayextend to three years or with finewhich may extend to rupees onelakh or with both |
| Sec.66C | Fraudulent use ofelectronic signature | Imprisonment for a term which mayextend to three years and shall alsobe liable to fine which may extendto rupees one lakh |
| sec.66D | Sec.66DCheats by personatingby using computerresource | Imprisonment for a term which mayextend to three years and shall alsobe liable to fine which may extendto one lakh rupees |
| sec.66E | Sec.66EPublishing obsceneimages | Imprisonment which may extend tothree years or with fine notexceeding two lakh rupees, or withboth |
| Sec.66F | Cyber Terrorism | Imprisonment which may extend toimprisonment for life |
| Sec.67 | Publishes or transmitsunwanted material | Imprisonment for a term which may extend to three years and with finewhich may extend to five lakh rupees & in the event of a second orsubsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which mayextend to ten lakh rupees |
| Sec.67A | Publishes or transmitssexually explicit | Imprisonment for a term which mayextend to five years and with fine which may extend to ten lakhrupees and in the event of second orsubsequent conviction with imprisonment of either descriptionfor a term which may extend to seven years and also with finewhich may extend to ten lakh rupees |
| Sec.67B | Sec.67BAbusing childrenonline | Imprisonment for a term which mayextend to five years and with a finewhich may extend to ten lakhrupees and in the event of second orsubsequent conviction withimprisonment of either descriptionfor a term which may extend toseven years and also with finewhich may extend to ten lakhrupees |
| Sec.67C | Preservation ofinformation byintermediary | Imprisonment for a term which mayextend to three years and shall alsobe liable to fine |
| Sec.70 | Unauthorised accessto protected system | Imprisonment for a term which mayextend to ten years and shall alsobe liable to fine |
| Sec.71 Sec.72 | Misrepresentation tothe Controller or theCertifying Authorityfor obtaining licenceor Electronic digital signatureBreach of Confidentiality and Privacy | Imprisonment for a term which mayextend to two years, or with finewhich may extend to one lakh rupees, or with both.Imprisonment for a term which mayextend to two years, or with finewhich may extend to one lakhrupees, or with both |
| Sec.72A | Disclosure ofinformation in breachof contract | Imprisonment for a term which mayextend to three years, or with a finewhich may extend to five lakhrupees, or with both |
| Sec.73 &74 | Publishing false digitalsignature certificates | Imprisonment for a term which mayextend to two years, or with finewhich may extend to one lakhrupees, or with both |
Jurisdiction
If a crime is committed on a computer or computer network in India by a person resident outside India, then can the offence be tried by the Courts in India?
According to Sec.1(2) of Information Technology Act, 2000, the Act extends to the whole of India and also applies to any offence or contravention committed outside India by any person. Further, Sec.75 of the IT Act, 2000 also mentions the applicability of the Act for any offence or contravention committed outside India. According to this section, the Act will 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.A Police officer not below the rank of Deputy Superintendent of Police should only investigate any offence under this Act. (Sec.78 of IT Act, 2000). Without a duly signed extradition treaty or a multilateral cooperation arrangement, trial of such offences and conviction is a difficult proposition.
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