Cyber Offences & Punishments – Overview of Legal Provisions

If you cheat someone on WhatsApp, hack a website, or steal credit card data - you can go to jail! Indian law has strict provisions to punish cyber criminals.

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What is a Cyber Offence?

Definition: Any illegal activity committed using a computer, network, or digital device.

Key Difference from Traditional Crime:

• Traditional: Robbery with gun (physical)
• Cyber: Stealing bank details online (virtual)

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Legal Framework in India

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Major Cyber Offences & Punishments

1. Hacking (Section 66 of IT Act)

Offence: Unauthorized access to computer systems or networks

Punishment:

• Imprisonment: Up to 3 years
• Fine: Up to ₹5 lakh

Real Case:

• Ankit Fadia (2001): 15-year-old hacked Pentagon website (US military)
• Not prosecuted (minor, no damage), but became famous ethical hacker

2. Data Theft (Section 43 & 66)

Offence: Downloading, copying, or extracting data without permission

Examples:

• Stealing customer database from company server
• Copying proprietary software code
• Employee downloading confidential files before resignation

Punishment:

• Compensation: Up to ₹1 crore to affected party
• Imprisonment: Up to 3 years

Real Case:

• Infosys vs Cognizant (2019): Cognizant employees accused of stealing Infosys data worth crores

3. Identity Theft & Impersonation (Section 66C & 66D)

Section 66C: Using someone else's password, digital signature fraudulently Section 66D: Cheating by impersonation using computer

Examples:

• Creating fake Facebook profile of someone
• Using stolen Aadhaar / PAN for KYC fraud
• Email spoofing (pretending to be boss/bank)

Punishment:

• Imprisonment: Up to 3 years
• Fine: Up to ₹1 lakh

Real Case:

• Pune Fake Profile Case (2020): Man created fake Instagram profile of ex-girlfriend, posted obscene content
• Sentenced: 2 years imprisonment

4. Cyber Stalking & Harassment (Section 354D IPC + IT Act)

Offence: Repeatedly following, contacting, or monitoring someone online causing distress

Examples:

• Sending unwanted messages on WhatsApp after being blocked
• Tracking someone's location via GPS
• Posting derogatory comments repeatedly

Punishment:

• First offense: Up to 3 years + fine
• Repeat offense: Up to 5 years

Real Case:

• Varnika Kundu Case (2017): Vikas Barala (son of BJP leader) stalked woman in Chandigarh
• Booked under: Section 354D IPC

5. Publishing Obscene Material (Section 67 IT Act)

Section 67: Pornography in electronic form Section 67A: Sexually explicit content Section 67B: Child pornography (MOST SERIOUS)

Punishment (Section 67B - Child Porn):

• First offense: 5 years + ₹10 lakh fine
• Repeat offense: 7 years + ₹10 lakh fine

Real Case:

• Raj Kundra (2021): Businessman arrested for creating pornographic content via apps
• Jail: 2 months (later released on bail)

6. Data Breach & Negligence (Section 43A & 72A)

Section 43A: Corporate negligence causing data breach Section 72A: Disclosure of personal information without consent

Examples:

• Facebook-Cambridge Analytica data leak
• Air India data breach (2021)

Punishment:

• Company liable: Compensation to affected users
• Employee: Up to 3 years imprisonment + fine

7. Cyber Terrorism (Section 66F)

MOST SERIOUS OFFENCE

Offence: Hacking with intent to threaten unity, integrity, security of India

Examples:

• Hacking into defense networks
• Disrupting critical infrastructure (power grid, railways)
• Spreading terrorist propaganda online

Punishment:

• Imprisonment: Life imprisonment
• Cannot be bailed easily

Real Case:

• 26/11 Mumbai Attacks (2008): Terrorists used VoIP, satellite phones, GPS - cyber tools analyzed during investigation

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Other Important Sections

Section	Offence	Punishment
Section 65	Tampering with computer source documents	3 years + ₹2 lakh
Section 66E	Violation of privacy (publishing private photos)	3 years + ₹2 lakh
Section 66F	Cyber terrorism	Life imprisonment
Section 67	Obscene content	3 years (1st), 5 years (repeat)
Section 72	Breach of confidentiality	2 years + ₹1 lakh
Section 85	Abetment (helping criminal)	Same as main offence

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Who Can Be Punished?

Individual Liability

• The person who commits the crime
• Anyone who helps (abettor)

Corporate Liability (Section 85)

• If employee commits cyber crime during work:
  • Company is liable (unless proven company took precautions)
  • Directors/Managers liable if they knew or consented

Example:

• If Flipkart employee leaks customer data:
  • Employee punished
  • Flipkart company may also face penalty
  • CTO/CEO may be held responsible if negligence proven

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Procedure for Cyber Crime Complaints

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National Cyber Crime Reporting Portal

Website: https://cybercrime.gov.in

Features:

• File complaint online (24×7)
• Track complaint status
• Anonymous reporting for sensitive cases
• 16.9 lakh complaints registered in 2023!

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Challenges in Cyber Crime Enforcement

1. Jurisdiction Issues

• Crime committed from Pakistan, victim in India - whose law applies?
• Facebook server in USA, user in India - which court has authority?

2. Evidence Collection

• Digital evidence can be easily deleted, altered
• Requires forensic experts, expensive tools
• Chain of custody must be maintained

3. Anonymity

• Criminals use VPNs, Tor browser to hide identity
• Fake accounts, stolen devices

4. Lack of Awareness

• Many victims don't know cyber crime is punishable
• Police station staff may lack technical knowledge

5. Cross-Border Crimes

• Scam call centers operating from India targeting US citizens
• International coordination required (Interpol, FBI)

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Famous Indian Cyber Crime Cases

1. Shreya Singhal vs Union of India (2015)

Issue: Section 66A (punishment for offensive messages) challenged as unconstitutional

Supreme Court: Struck down Section 66A as violating freedom of speech!

Impact: Cannot arrest someone just for posting "offensive" content (unless falls under other laws like defamation, obscenity)

2. WhatsApp Lynching Cases (2018)

• Fake messages on WhatsApp led to mob lynchings in several states
• 25+ people killed due to rumors

Government Action:

• Directed WhatsApp to curb fake news
• WhatsApp introduced "forwarded" label, limited forwards to 5 chats

3. Jamtara Phishing Scam (2020)

• Small town in Jharkhand became hub of phishing scams
• School dropouts made crores by tricking people via fake calls

Netflix Series: "Jamtara" based on this

Police Action: 400+ arrests, ₹2 crore seized

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Prevention Tips

For Individuals:

• Don't share OTP, passwords with anyone
• Use strong passwords, 2-factor authentication
• Don't click suspicious links (phishing)
• Report cyber crimes immediately

For Companies:

• Implement cybersecurity policies
• Employee training on data protection
• Regular security audits
• Cyber insurance

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Summary

• Cyber offences = Crimes committed using computers/internet
• Legal framework: IT Act 2000 (primary), IPC amendments, special laws
• Major offences: Hacking (3 years), Data theft (₹1 crore + 3 years), Identity theft (3 years), Cyber terrorism (Life imprisonment)
• Section 66A struck down by Supreme Court - cannot arrest for offensive messages
• Complaints: File at cybercrime.gov.in or local police station
• Challenges: Jurisdiction, evidence collection, anonymity
• Famous cases: Shreya Singhal (66A invalid), WhatsApp lynchings, Jamtara scams

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Quiz Time! 🎯

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Next Chapter: Cyber Law – Meaning, Scope & Need! ⚖️