129. Information Technology Act 2000: Definitions and Sections 65–78 — Full Notes

CORE Key Points at a Glance

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   The Information Technology Act, 2000 (IT Act) was enacted on 9 June 2000 and came into force on 17 October 2000; it is India's primary legislation governing electronic commerce, digital signatures, cybercrime, and data protection; amended significantly by the IT (Amendment) Act, 2008 (effective 27 October 2009).

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   Section 2 — Key Definitions: "Computer" means an electronic device that processes data; "computer system" means a device or collection of devices including computer networks; "computer network" means interconnection of computers via communication lines; "data" means representation of information, knowledge, facts, concepts prepared in formalised manner; "electronic record" means data, record, or image generated, received, stored, transmitted in electronic form.

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   "Private area" [Section 2(y) inserted by 2008 Amendment]: means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast — this definition is critical for Section 66E (violation of privacy) PYQ; it forms the legal foundation for prosecuting voyeurism and non-consensual intimate image distribution.

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   Section 65 — Tampering with Computer Source Documents: Knowingly or intentionally concealing, destroying, or altering any computer source code (when required by law to be kept) is punishable with imprisonment up to 3 years or fine up to ₹2 lakh, or both.

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   Section 66 — Computer Related Offences (Hacking): If any person dishonestly or fraudulently does any act referred to in Section 43 (causing damage to a computer/network), punishment is imprisonment up to 3 years or fine up to ₹5 lakh, or both. Section 43 covers: unauthorised access, downloading data, introducing viruses, disruption of service, denial of service.

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   Sections 66A–66F (post-2008 Amendment): Cover specific cybercrimes including: 66A (sending offensive messages — struck down by Supreme Court in Shreya Singhal v. UoI, 2015 as violating Art. 19(1)(a)); 66B (dishonestly receiving stolen computer resources); 66C (identity theft — punishment 3 years + ₹1 lakh); 66D (cheating by impersonation using computer — 3 years + ₹1 lakh).

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   Section 66E — Violation of Privacy: Intentionally capturing, publishing, or transmitting image of a person's private area without consent in circumstances violating privacy is punishable with imprisonment up to 3 years or fine up to ₹2 lakh, or both. This directly addresses voyeurism and "revenge porn."

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   Section 66F — Cyber Terrorism: Denying access to a computer resource to any authorised person, or penetrating/accessing a computer resource without authorisation, with intent to threaten India's unity, integrity, security, or sovereignty, or to strike terror — punishable with imprisonment which may extend to life.

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   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 (5 years first, 7 years repeat); Section 67B covers child pornography (5 years first, 7 years repeat — cognizable, non-bailable).

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    Section 69 — Power to Issue Directions for Interception/Monitoring/Decryption: The Central or State Government may direct any agency of government to intercept, monitor, or decrypt any information through any computer resource in the interest of sovereignty, integrity, security, friendly relations with foreign states, public order, or for preventing incitement.

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    Section 70 — Protected Systems: The Central Government may declare any computer resource a "protected system"; unauthorised access to a protected system is punishable with imprisonment up to 10 years and fine. Critical infrastructure (nuclear, power, banking, defense) is typically declared protected.

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    Sections 72–78 deal with breach of confidentiality and privacy by intermediaries (Section 72), electronic evidence admissibility (aligned with Indian Evidence Act), offences by companies (Section 85 — every officer in default liable), and the Cyber Appellate Tribunal (Sections 48–64 — adjudication of disputes). After the 2008 Amendment, Section 78 empowers a police officer not below the rank of Inspector to investigate IT Act offences (the original Section 78 required DSP or above; the 2008 Amendment lowered the threshold to Inspector level).