IT Act 2000 & Amendments

If any person without permission of the owner or person in charge of the computer system:

• 43(a) - Accesses or secures access to the computer system
• 43(b) - Downloads, copies, or extracts any data or information
• 43(c) - Introduces or causes introduction of computer contaminant/virus
• 43(d) - Damages or causes damage to computer system, data, or database
• 43(e) - Disrupts or causes disruption of computer system
• 43(f) - Denies or causes denial of access to authorized person
• 43(g) - Provides assistance to facilitate unauthorized access
• 43(h) - Charges for services rendered to another person
• 43(i) - Destroys, deletes, or alters information in a computer resource
• 43(j) - Steals, conceals, destroys, or alters source code

Remedy: Compensation by way of damages not exceeding Rs. 5 crores to the person affected. Adjudicating Officer appointed under Section 46 decides such cases.

Whoever knowingly or intentionally conceals, destroys, or alters any computer source code (required to be kept by law) with intention to cause damage.

Computer Source Code includes programs, computer commands, design, layout, and any form containing computer instructions.

If any person, dishonestly or fraudulently, does any act referred to in Section 43, he shall be punishable.

Key Distinction: Section 43 = Civil liability; Section 66 = Criminal offense (requires dishonest or fraudulent intent).

Publishing or transmitting in electronic form any material which is lascivious or appeals to the prurient interest, or if its effect tends to deprave and corrupt persons likely to access it.

First Conviction: Imprisonment up to 3 years + Fine up to Rs. 5 lakhs

Subsequent Conviction: Imprisonment up to 5 years + Fine up to Rs. 10 lakhs

Publishing or transmitting material containing sexually explicit act or conduct in electronic form.

First Conviction: Imprisonment up to 5 years + Fine up to Rs. 10 lakhs

Subsequent Conviction: Imprisonment up to 7 years + Fine up to Rs. 10 lakhs

Publishing, transmitting, creating, seeking, browsing, downloading, advertising, promoting, exchanging, or distributing material depicting children in sexually explicit act or conduct in electronic form.

Also covers: Cultivating, enticing, or inducing children to online relationships for sexually explicit acts; facilitating online abuse; recording children's own abuse.

First Conviction: Imprisonment up to 5 years + Fine up to Rs. 10 lakhs

Subsequent Conviction: Imprisonment up to 7 years + Fine up to Rs. 10 lakhs

Elements of the Offense:

1. Fraudulent or dishonest use
2. Of electronic signature, password, or any other unique identification feature
3. Of any other person

Common scenarios:

• Using stolen login credentials
• Creating fake social media profiles using someone's identity
• Phishing attacks to steal passwords
• Using stolen OTPs for financial transactions
• Aadhaar-based identity fraud

Acts constituting cyber terrorism:

1. With intent to threaten unity, integrity, security, or sovereignty of India, or to strike terror in the people:
   • Denial of access to authorized persons
   • Attempting to penetrate or access computer resources without authorization
   • Introducing computer contaminant
2. Knowingly or intentionally causing (or likely to cause):
   • Death or injuries to persons
   • Damage/destruction of property
   • Disruption of essential supplies/services critical to life of community
   • Adversely affecting critical information infrastructure (CII)
3. Knowingly or intentionally accessing restricted computer with intent to obtain information which can be used against India

When applicable: If the Central or State Government is satisfied that it is necessary or expedient in the interest of:

• Sovereignty or integrity of India
• Defence of India
• Security of the State
• Friendly relations with foreign States
• Public order
• Prevention of incitement to commission of cognizable offenses
• Investigation of any offense

Powers: Direct any agency to intercept, monitor, or decrypt any information generated, transmitted, received, or stored in any computer resource.

Subscriber/Intermediary Obligation: Must extend all facilities and technical assistance. Failure to comply: Imprisonment up to 7 years + fine.

Government can direct any agency or intermediary to block public access to any information generated, transmitted, received, stored, or hosted in any computer resource.

Grounds: Same as Section 69.

Implementation: IT (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.

Note: Blocking orders are confidential under the Rules. However, the Supreme Court in Anuradha Bhasin v. UoI (2020) held that indefinite internet shutdown/blocking is unconstitutional.

Government can authorize any agency to monitor and collect traffic data or information from any computer resource for cyber security purposes.

Traffic Data: Data relating to communication by means of computer system including origin, destination, route, time, date, size, duration, type of underlying service.

Rule: An intermediary shall NOT be liable for any third-party information, data, or communication link made available or hosted by him.

Conditions for immunity:

1. Function is limited to providing access to a communication system
2. Does not initiate transmission, select receiver, or select/modify information
3. Observes due diligence while discharging duties under the Act
4. Observes guidelines prescribed by the Central Government (IT Rules, 2021)

Loss of immunity when:

• Intermediary conspires, abets, aids, or induces the commission of the unlawful act
• Upon receiving actual knowledge or on being notified by the government, fails to expeditiously remove or disable access to unlawful content