Cybercrime laws in India are primarily governed by the Information Technology (IT) Act, 2000, along with relevant provisions from the Indian Penal Code (IPC), 1860. These laws cover offenses related to hacking, identity theft, data breaches, online fraud, and more.
Key Cybercrime Laws in India:
1. The Information Technology (IT) Act, 2000 (Amended in 2008)
This is the primary legislation that deals with cyber activities in India. It provides legal recognition to electronic transactions and penalties for cybercrimes.
Key Offenses Under the IT Act:
- Hacking (Section 66):
- Punishment: Up to 3 years of imprisonment and/or a fine of up to ₹5 lakh.
- Identity Theft (Section 66C):
- Using another person’s digital signature, password, or unique identification.
- Punishment: Up to 3 years of imprisonment and a fine of up to ₹1 lakh.
- Cyber Stalking and Harassment (Section 66A, 66E, 67):
- Sending offensive messages, publishing obscene content, and violating privacy.
- Punishment: Up to 3 years imprisonment and fines.
- Phishing and Online Fraud (Section 66D):
- Cheating by impersonation using computer resources.
- Punishment: Up to 3 years imprisonment and a fine of up to ₹1 lakh.
- Data Theft (Section 43, 72):
- Unauthorized access to, or disclosure of, confidential data.
- Punishment: Compensation to the affected party and/or imprisonment.
- Cyber Terrorism (Section 66F):
- Any act of terrorism using computers or digital means.
- Punishment: Life imprisonment.
- Publishing or Transmitting Obscene Material (Section 67, 67A, 67B):
- Covers pornography, child pornography, and sexually explicit material.
- Punishment: Up to 5-7 years imprisonment and fines up to ₹10 lakh.
2. The Indian Penal Code (IPC), 1860 (Relevant Sections)
Several cybercrimes are also covered under traditional laws, including:
- Cheating and Fraud (Section 420):
- Covers online scams and frauds.
- Punishment: Up to 7 years imprisonment and a fine.
- Defamation (Section 499, 500):
- Sending defamatory content online.
- Punishment: Up to 2 years imprisonment and fines.
- Criminal Intimidation (Section 503, 506):
- Threatening someone using electronic means.
- Punishment: Up to 2 years imprisonment.
3. Other Related Laws
- The Companies Act, 2013: Requires companies to follow cybersecurity guidelines and report data breaches.
- The Personal Data Protection Bill (Proposed): Aims to regulate personal data processing and protection.
- The Copyright Act, 1957: Covers software piracy and digital intellectual property violations.
Reporting Cybercrimes in India
Cybercrimes can be reported through the following means:
- Online Portal: National Cyber Crime Reporting Portal
- Police Stations: Cyber Cells in major cities.
- Helpline Number: 1930 (for financial cyber frauds).