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Behavior and Law

Key Points at a Glance

Information Technology Act 2000: Definitions and Sections 65–78

Paper III · Unit 3 Section 1 of 11 PYQ-style 23 min

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Key Points at a Glance

Sections 66A to 66F, 67 to 67B, and 72 to 78 are the fastest-revision cluster in this note because they connect definitions, punishments, privacy, intermediary conduct, and investigation powers under the Information Technology Act, 2000.

  1. Sections 66A-66F (post-2008 Amendment): Cover specific cybercrimes including: 66A (sending offensive messages through a communication service, later struck down by the Supreme Court in Shreya Singhal v. Union of India, 2015 as violating Article 19(1)(a)); 66B (dishonestly receiving a stolen computer resource or communication device); 66C (identity theft, punishable with imprisonment up to 3 years and fine up to ₹1 lakh); 66D (cheating by personation using a computer resource, punishable with 3 years and ₹1 lakh); 66E (violation of privacy by capturing, publishing, or transmitting the image of a private area without consent, punishable with 3 years or ₹2 lakh, or both); and 66F (cyber terrorism, punishable with imprisonment extending to life). The exam point is that 66A is void after Shreya Singhal, while 66B-66F remain live provisions.

  2. Section 67 - Publishing Obscene Material in Electronic Form: Publishing or transmitting obscene material in any electronic form is punishable on first conviction with imprisonment up to 3 years and fine up to ₹5 lakh; on repeat conviction, imprisonment up to 5 years and fine up to ₹10 lakh. Section 67A covers sexually explicit material and carries 5 years + ₹10 lakh on first conviction and 7 years + ₹10 lakh on later conviction. Section 67B covers material depicting children in sexually explicit acts; it carries 5 years + ₹10 lakh on first conviction and 7 years + ₹10 lakh on later conviction, and should be read with the wider child-protection framework, including the UNCRC (1989) and the POCSO Act, 2012.

  3. Sections 72-78: Deal with breach of confidentiality and privacy, disclosure of information in breach of lawful contract, publication of false electronic signature certificates, fraudulent publication, extra-territorial application, confiscation, compounding, bailability/cognizability, and investigation powers. Section 72 punishes breach of confidentiality and privacy by a person who obtained access under powers conferred by the Act. Section 72A punishes disclosure of information in breach of lawful contract with imprisonment up to 3 years or fine up to ₹5 lakh, or both. Section 85 separately deals with offences by companies and fixes liability on the company and persons in charge when statutory conditions are met. The current India Code text of Section 78 empowers a police officer not below the rank of Inspector to investigate IT Act offences; the 2008 amendment lowered the earlier threshold from Deputy Superintendent of Police to Inspector level.