Information Technology

Act, 2000
The Indian Parliament enacted the Act
called the Information Technology Act,
2000, which is effective from October
17, 2000
• Information Technology Act 2000 was
amended on December 2008 as the IT
(Amendment) Act, 2008 and notified for
implementation from 27th October 2009.
• This Act may be called the Information
Technology Act, 2000. [As Amended by
Information Technology (Amendment) Act
2008].
Sec. 2 (ha): communication device

“communication device” means cell

phones, personal digital assistance or
combination of both or any other device
used to communicate, send or transmit any
text, video, audio or image;]
Sec. 2 (i): computer
“computer” means any electronic, magnetic, optical
or other high-speed data processing device or
system which performs logical, arithmetic, and
memory functions by manipulations of electronic,
magnetic or optical impulses, and includes all
input, output, processing, storage, computer
software or communication facilities which are
connected or related to the computer in a computer
system or computer network;
Sec. 2 (j): computer network
“computer network” means the inter-connection of
one or more computers or computer systems or
communication device through–
(i) the use of satellite, microwave, terrestrial line,
wire, wireless or other communication media; and
(ii) terminals or a complex consisting of two or more
interconnected computers or communication device
whether or not the inter-connection is continuously
maintained;]
Sec. 2 (k): computer resource

“computer resource” means computer,

computer system, computer network,
data, computer data base or software
Sec. 2 (l): computer system
“computer system” means a device or
collection of devices, including input and
output support devices and excluding
calculators which are not programmable and
capable of being used in conjunction with
external files, which contain computer
programmes, electronic instructions, input
data and output data, that performs logic,
arithmetic, data storage and retrieval,
communication control and other functions;
Sec. 2 (t): electronic record
“electronic record” means data, record or
data generated, image or sound stored,
received or sent in an electronic form or
micro film or computer generated micro
fiche;
Sec. 2 (w): intermediary
“intermediary”, with respect to any particular electronic records, means any
person who on behalf of another person receives, stores or transmits that
record or provides any service with respect to that record and includes:
telecom service providers,
network service providers,
internet service providers,
web-hosting service providers,
search engines,
online payment sites,
online-auction sites,
online-market places
cyber cafes;
Sec. 78: Power to investigate offences
Notwithstanding anything contained in the
Code of Criminal Procedure, 1973, a police
officer not below the rank of Inspector shall
investigate any offence under this Act.
(Amended Vide ITAA 2008)
Sec. 77-B: Offences with three years imprisonment to
be cognizable
Notwithstanding anything contained in
Criminal Procedure Code 1973, the offence
punishable with imprisonment of three years
and above shall be cognizable and the offence
punishable with imprisonment of three years
shall be bailable.
Sec. 65, 66, 66B, 66C, 66D, 66E, 67 (first
conviction), 67C, 68, 69B, 70B, 71, 72, 72A, 73 & 74
Sec. 77A. Compounding of offences.–
A court of competent jurisdiction may compound offences,
other than offences for which the punishment for life or
imprisonment for a term exceeding three years has been
provided, under this Act:
Provided that the court shall not compound such offence where the
accused is, by reason of his previous conviction, liable to either
enhanced punishment or to a punishment of a different kind:
Provided further that the court shall not compound any offence
where such offence affects the socio economic conditions of the
country or has been committed against a child below the age of 18
years or a woman.
Bailable sections :-

Sec. 65, 66, 66B, 66C, 66D, 66E, 67 (first

conviction), 67C, 68, 69B, 70B, 71, 72, 72A, 73 & 74
Non-bailable sections :-

Sec. 66F, 67 (second conviction), 67A, 67B, 69,

69A & 70
Sec. 80: Power of Police Officer and Other Officers to
Enter, Search, etc.
• (1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, any police officer, not below the
rank of an 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
• Explanation- For the purposes of this sub-section, the
expression "Public Place" includes any public conveyance,
any hotel, any shop or any other place intended for use by, or
accessible to the public.
Sec. 80: Power of Police Officer and Other Officers to
Enter, Search, etc.

(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
Penal Provisions
Tampering with Computer Source Documents
Sec 65:
• Whoever knowingly or intentionally conceals, destroys or alters or
intentionally or knowingly causes another to conceal, destroy or
alter any computer source code used for a computer, computer
programme, computer system or computer network, when the
computer source code is required to be kept or maintained by law
for the time being in force, shall be punishable with
imprisonment up to three years, or with fine which may extend up
to two lakh rupees, or with both.
• Explanation - For the purposes of this section, "Computer Source
Code" means the listing of programmes, Computer Commands,
Design and layout and programme analysis of computer resource
in any form.
Computer related offences
Sec 66:
 Dishonestly or fraudulently, does any act referred to
in section 43
 Punishable with imprisonment for a term which may
extend to three years or with fine which may extend to
rupees five lakh rupees or with both
Don’t register FIR u/s 66A of
Information Technology Act
66B: Punishment for dishonestly receiving stolen
computer resource or communication device
 Whoever dishonestly received / retains any
stolen computer resource or communication
device knowing or having reason to believe the
same to be stolen computer resource or
communication device
 Punishable with imprisonment of either
description for a term which may extend to
three years or with fine which may extend to
rupees one lakh or with both.
66C: Punishment for identity theft

 Whoever, fraudulently or dishonestly make

use of the electronic signature, password or
any other unique identification feature of
any other person
 Punishable with imprisonment of either
description for a term which may extend to
three years and shall also be liable to fine
with may extend to rupees one lakh.
66D: Punishment for cheating by personation by
using computer resource

Whoever, by means for any communication

device or computer resource cheats by
personating punishable with imprisonment
of either description for a term which may
extend to three years and shall also be liable
to fine which may extend to one lakh rupee.
66E: Punishment for violation of privacy

 Whoever, intentionally or knowingly captures,

publishes, transmits the image of a private area of
any person without his or her consent under
circumstances violating the privacy of that person
punishable with imprisonment which may extend to
three years or with fine not exceeding two lakh
rupees, or with both
66E: Punishment for violation of privacy
• “transmit” means to electronically send a visual
image with the intent that it be viewed by a
person or persons;
• “capture”, with respect to an image, means to
videotape, photograph, film or record by any
means;
• “private area” means the naked or undergarment
clad genitals, pubic area, buttocks or female
breast;
• “publishes” means reproduction in the printed or
electronic form and making it available for
public;
66F: Punishment for cyber terrorism
Whoever commits or conspires to commit cyber
terrorism shall be punishable with
imprisonment which may extend to
imprisonment for life’.
Sec.67 : Publishing of information, which is obscene
in electronic form

Whoever publishes or transmits or causes to be published in the

electronic form
any material which is lascivious or appeals to the prurient interest
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.
Punishable on first conviction with imprisonment of either
description for a term which may extend to three years and with
fine which may extend to five lakh rupees and in the event of
second or subsequent conviction with imprisonment of either
description for a term which may extend to five years and also with
fine which may extend to ten lakh rupees
Sec.67A : Punishment for publishing or transmitting of
material containing sexually explicit act, etc. in electronic
form
Whoever publishes or transmits or causes to be
published or transmitted in the electronic form any
material which contains sexually explicit act or
conduct punishable on first conviction with
imprisonment of either description for a term
which may extend to five years and with fine which
may extend to ten lakh rupees and in the event of
second or subsequent conviction with
imprisonment of either description for a term
which may extend to seven years and also with fine
which may extend to ten lakh rupees.
Sec.67B : Punishment for publishing or transmitting of
material depicting children in sexually explicit act, etc. in
electronic form
(a) publishes or transmits or causes to be published or transmitted
material in any electronic form which depicts children engaged in
sexually explicit act or conduct; or
(b) creates text or digital images, collects, seeks, browses, downloads,
advertises, promotes, exchanges or distributes material in any
electronic form depicting children in obscene or indecent or sexually
explicit manner; or
(c) cultivates, entices or induces children to online relationship with one
or more children for and on sexually explicit act or in a manner that
may offend a reasonable adult on the computer resource; or
Sec.67B : Punishment for publishing or transmitting of material
depicting children in sexually explicit act, etc. in electronic form

(d) facilitates abusing children online, or

(e) records in any electronic form own abuse or that of others
pertaining to sexually explicit act with children
Punishable on first conviction with imprisonment of either
description for a term which may extend to five years and with fine
which may extend to ten lakh rupees and in the event of second or
subsequent conviction with imprisonment of either description
for a term which may extend to seven years and also with fine
which may extend to ten lakh rupees
Sec. 67C of Information Technology Act-
preservation and retention of information by
intermediaries:

(1) Intermediary shall preserve and retain such

information as may be specified for such duration
and in such manner and format as the Central
Government may prescribe.
(2) any intermediary who intentionally or knowingly
contravenes the provisions of sub-section (1) shall be
punished with an imprisonment for a term which
may extend to three years and also be liable to fine.]
• Cyber Café will be liable
69A. Power to issue directions for blocking for public access of
any information through any computer resource:-

(1) Where the Central Government or any of its officers specially

authorised by it in this behalf is satisfied that it is necessary or
expedient so to do, in the interest of sovereignty and integrity of
India, defence of India, security of the State, friendly relations with
foreign States or public order or for preventing incitement to the
commission of any cognizable offence relating to above, it may
subject to the provisions of sub-section (2), for reasons to be
recorded in writing, by order, direct any agency of the Government
or intermediary to block for access by the public or cause to be
blocked for access by the public any information generated,
transmitted, received, stored or hosted in any computer resource.
69A. Power to issue directions for blocking for public access of
any information through any computer resource:-

(2) The procedure and safeguards subject to which such

blocking for access by the public may be carried out, shall
be such as may be prescribed.
(3) The intermediary who fails to comply with the direction
issued under sub-section (1) shall be punished with an
imprisonment for a term which may extend to seven
years and also be liable to fine.
72. Penalty for Breach of confidentiality and privacy.
Save as otherwise provided in this Act or any other law for
the time being in force, if any person who, in pursuance of
any of the powers conferred under this Act, rules or
regulations made thereunder, has secured access to any
electronic record, book, register, correspondence,
information, document or other material without the
consent of the person concerned discloses such
electronic record, book, register, correspondence,
information, document or other material to any other
person 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.
72A. Punishment for disclosure of information in breach of
lawful contract.

Save as otherwise provided in this Act or any other law for the time
being in force, any person including an intermediary who, while
providing services under the terms of lawful contract, has
secured access to any material containing personal information
about another person, with the intent to cause or knowing that he
is likely to cause wrongful loss or wrongful gain discloses,
without the consent of the person concerned, or in breach of a
lawful contract, such material to any other person, shall be
punished with imprisonment for a term which may extend to three
years, or with fine which may extend to five lakh rupees, or with
both.
Sec. 84B: Punishment for abetment of offences

Whoever abets any offence shall, if the act abetted is

committed in consequence of the abetment, and no
express provision is made by this Act for the
punishment of such abetment, be punished with the
punishment provided for the offence under this Act.
Sec. 84C: Punishment for attempt to commit offences

Whoever attempts to commit an offence punishable by

this Act or causes such an offence to be committed, in
such an attempt does any act towards the commission of
the offence, where no express provision is made for the
punishment of such attempt, be punished with
imprisonment of any description provided for the
offence, for a term which may extend to one-half of
the longest term of imprisonment provided for that
offence, or with such fine as is provided for the offence
or with both.
Relevant Provisions
of IPC
Sec. 29 A IPC:- “Electronic record”

The words “electronic record” shall have

the meaning assigned to them in clause (t)
of sub-section (1) of section 2 of the
Information Technology Act, 2000 (21 of
2000).]
Sec. 354 A IPC:- Sexual harassment and punishment
for sexual harassment

1. A man committing any of the following acts—

i. physical contact and advances involving unwelcome and explicit
sexual overtures; or
ii. a demand or request for sexual favours; or
iii. showing pornography against the will of a woman; or
iv. making sexually coloured remarks, shall be guilty of the
offence of sexual harassment.
Sec. 354 A IPC:- Sexual harassment and punishment
for sexual harassment

2. Any man who commits the offence specified in clause (i) or

clause (ii) or clause (iii) of sub-section (1) shall be punished with
rigorous imprisonment for a term which may extend to three
years, or with fine, or with both.
3. Any man who commits the offence specified in clause (iv) of
sub-section (1) shall be punished with imprisonment of either
description for a term which may extend to one year, or with
fine, or with both.
Sec. 354C IPC: Voyeurism
Any man who watches, or captures the image of a woman
engaging in a private act in circumstances where she would
usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator
or disseminates such image shall be punished on first conviction
with imprisonment of either description for a term which shall not
be less than one year, but which may extend to three years, and
shall also be liable to fine, and be punished on a second or
subsequent conviction, with imprisonment of either description
for a term which shall not be less than three years, but which may
extend to seven years, and shall also be liable to fine.
Sec. 354C IPC: Voyeurism
Explanations:-
For the purpose of this section, “private act” includes an act of
watching carried out in a place which, in the circumstances, would
reasonably be expected to provide privacy and where the
victim’s genitals, posterior or breasts are exposed or covered
only in underwear; or the victim is using a lavatory; or the
victim is doing a sexual act that is not of a kind ordinarily
done in public.
Where the victim consents to the capture of the images or any act,
but not to their dissemination to third persons and where such
image or act is disseminated, such dissemination shall be
considered an offence under this section
Sec. 354D IPC: Stalking
(1) Any man who follows a woman and contacts, or attempts to
contact such woman to foster personal interaction repeatedly
despite a clear indication of disinterest by such woman; or
monitors the use by a woman of the internet, email or any
other form of electronic communication, commits the offence
of stalking;
(2) Whoever commits the offence of stalking shall be punished on
first conviction with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine;
and be punished on a second or subsequent conviction, with
imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.
 Sec. 354D IPC: Stalking
• Provided that such conduct shall not amount to stalking if the
man who pursued it proves that—it was pursued for the purpose
of preventing or detecting crime and the man accused of
stalking had been entrusted with the responsibility of
prevention and detection of crime by the State; or
• it was pursued under any law or to comply with any condition or
requirement imposed by any person under any law; or
• in the particular circumstances such conduct was reasonable and
justified.
Sec. 463 IPC : Forgery

Whoever makes any false document or false electronic

record or part of a document or electronic record, with
intent to cause damage or injury to the public or to any
person, or to support any claim or title, or to cause any
person to part with property, or to enter into any express
or implied contract, or with intent to commit fraud or
that fraud may be committed, commits forgery.
Sec. 464 IPC : Making a false document
A person is said to make a false document or false electronic
record—
First.—Who dishonestly or fraudulently—
(a) makes, signs, seals or executes a document or part of a
document;
(b) makes or transmits any electronic record or part of any
electronic record;
(c) affixes any electronic signature on any electronic record;
(d) makes any mark denoting the execution of a document or the
authenticity of the electronic signature,
with the intention of causing it to be believed that such document or part of
document, electronic record or electronic signature was made, signed, sealed,
executed, transmitted or affixed by or by the authority of a person by whom or
by whose authority he knows that it was not made, singed, sealed, executed or
affixed; or
Secondly.—Who without lawful authority, dishonestly or fraudulently, by
cancellation or otherwise, alters a document or an electronic record in
any material part thereof, after it has been made, executed or affixed with
electronic signature either by himself or by any other person, whether such
person be living or dead at the time of such alteration; or
Thirdly.—Who dishonestly or fraudulently causes any person to sign,
seal, execute or alter a document or an electronic record or to affix his
electronic signature on any electronic record knowing that such person by
reason of unsoundness of mind or intoxication cannot, or that by reason of
deception practised upon him, he does not know the contents of the document
or electronic record or the nature of the alteration
Sec. 465 IPC : Punishment for forgery

Whoever commits forgery shall be punished with

imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

false document or false electronic record

Sec. 467 IPC : Forgery of valuable security, will,
etc.
Whoever forges a document which purports to be a valuable
security or a will, or an authority to adopt a son, or which purports
to give authority to any person to make or transfer any valuable
security, or to receive the principal, interest or dividends thereon,
or to receive or deliver any money, movable property, or valuable
security, or any document purporting to be an acquittance or
receipt acknowledging the payment of money, or an acquittance or
receipt for the delivery of any movable property or valuable security,
shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
Sec. 468 IPC : Forgery for purpose of cheating

Whoever commits forgery, intending that the

document or electronic record forged shall be used
for the purpose of cheating, shall be punished
with imprisonment of either description for a term
which may extend to seven years, and shall also be
liable to fine.
Sec. 469 IPC : Forgery for purpose of harming reputation

Whoever commits forgery, [intending that the document or

electronic record forged] shall harm the reputation of any party, or
knowing that it is likely to be used for that purpose, shall be
punished with imprisonment of either description for a term which
may extend to three years, and shall also be liable to fine.
Sec. 471 IPC : Using as genuine a forged document
or electronic record
Whoever fraudulently or dishonestly uses as genuine
any document or electronic record which he knows
or has reason to believe to be a forged document or
electronic record, shall be punished in the same
manner as if he had forged such document or
electronic record.
Sec. 509 IPC : Word, gesture or act intended to insult the
modesty of a woman

Whoever, intending to insult the modesty of any woman, utters any

words, makes any sound or gesture, or exhibits any object,
intending that such word or sound shall be heard, or that such
gesture or object shall be seen, by such woman, or intrudes upon
the privacy of such woman, [shall be punished with simple
imprisonment for a term which may extend to three years, and
also with fine]
 Information
Technology Rules, 2011
Information Technology (Intermediaries guidelines)
Rules, 2011
Sec. 3. Due diligence to be observed by intermediary:-
(7) When required by lawful order, the intermediary shall
provide information or any such assistance to Government Agencies
who are lawfully authorized for investigative, protective, cyber
security activity. The information or any such assistance shall be
provided for the purpose of verification of identity, or for
prevention, detection, investigation, prosecution, cyber
security incidents and punishment of offences under any law
for the time being in force, on a request in writing staling clearly
the purpose of seeking such information or any such assistance.
Workplace Premium
Privacy Policy of
Facebook
Disclosure of information
Your Organisation discloses the information collected in the following ways:
• to third-party service providers that assist in providing the Service or part of
the Service;
• to third-party apps, websites or other services that you can connect to
through the Service;
• in connection with a substantial corporate transaction, such as the transfer of
the Service, a merger, consolidation, asset sale or in the unlikely event of
bankruptcy or insolvency;
• to protect the safety of any person; to address fraud, security or technical
issues; and
• in connection with a subpoena, warrant, discovery order or other request or
order from a law enforcement agency.
Thanks