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Chapter XI: Offences (Sections 65–78)
Chapter XI (Sections 65–78) is the cybercrime chapter of the IT Act. These provisions were substantially expanded by the 2008 Amendment.
3.1 Section 65 — Tampering with Computer Source Documents
Offence: Whoever knowingly or intentionally conceals, destroys, or alters any computer source code used for any computer resource or computer network, when the source code is required to be kept or maintained by law.
"Computer source code" means the listing of programs, computer commands, design, and layout, and programme analysis of computer resource in any form.
Punishment: Imprisonment up to 3 years OR fine up to ₹2 lakh, or both.
Cognizability: Cognizable offence (police can arrest without warrant).
Practical context: This section applies to software companies that are required by law to maintain source code (e.g., for digital records under Companies Act, banking software under RBI guidelines).
3.2 Section 66 — Computer Related Offences
Offence: Whoever dishonestly or fraudulently does any act referred to in Section 43 (which covers unauthorised computer access and damage without criminal intent — a civil liability section).
Section 43 acts (now criminal under Sec. 66):
- Accessing a computer, computer system, or computer network without authorisation
- Downloading, copying, or extracting data without authorisation
- Introducing or causing to be introduced any computer contaminant (virus, malware)
- Causing damage to or disrupting any computer, computer system, or network
- Denying or causing denial of access to any person authorised to access
- Providing assistance to gain unauthorised access
- Charging services to another person's account without authorisation
Punishment: Imprisonment up to 3 years OR fine up to ₹5 lakh, or both.
3.3 Sections 66A–66F (Inserted by 2008 Amendment)
3.4 Sections 67, 67A, 67B — Obscenity in Electronic Form
| Section | Offence | First Conviction | Second+ Conviction |
|---|---|---|---|
| 67 | Publishing/transmitting obscene electronic material | 3 years + ₹5 lakh | 5 years + ₹10 lakh |
| 67A | Publishing/transmitting sexually explicit material | 5 years + ₹10 lakh | 7 years + ₹10 lakh |
| 67B | Child pornography (material depicting minors in sexual acts) | 5 years + ₹10 lakh | 7 years + ₹10 lakh |
67B is a cognizable and non-bailable offence. India is also a party to the UNCRC (1989) and has enacted the POCSO Act 2012 which independently addresses child sexual abuse.
Shreya Singhal v. Union of India (2015): The Supreme Court struck down Section 66A (punishment for sending offensive messages through communication services) as unconstitutional for being vague and over-broad, violating Article 19(1)(a) (freedom of speech and expression). The Court held that the terms "grossly offensive," "menacing character," and "persistent" were too subjective and chilling of legitimate free speech.
3.5 Sections 69–72: Interception, Protected Systems, and Confidentiality
Section 69 — Power to Issue Directions:
Central or State Government (or authorised officers) may intercept, monitor, or decrypt information through any computer resource when satisfied it is necessary 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 a cognizable offence
Any person who fails to comply with directions under Section 69 is liable for imprisonment up to 7 years.
Section 69A — Blocking of Content:
Governments can direct intermediaries (platforms, websites) to block access to content on the same grounds as Section 69. This section is used for website blocking orders.
Section 69B — Monitoring and Collection of Traffic Data:
Government can authorise agencies to monitor and collect traffic data from any computer for cybersecurity purposes.
Section 70 — Protected Systems:
The Central Government may, by notification, declare any computer resource to be a "protected system." Unauthorised access to such a system is punishable with imprisonment up to 10 years and fine. CERT-In (Computer Emergency Response Team-India) plays a key role in identifying and protecting such systems.
Section 71 — Misrepresentation:
Obtaining a digital certificate or licence through misrepresentation or suppression of material facts: imprisonment up to 2 years or fine up to ₹1 lakh, or both.
Section 72 — Breach of Confidentiality and Privacy:
Any person who, in pursuance of the powers conferred under the IT Act, has secured access to any electronic record, book, register, correspondence, information, document, or other material, and discloses such material without the consent of the person concerned — shall be punished with imprisonment up to 2 years or fine up to ₹1 lakh, or both.
Section 72A (inserted by 2008): Disclosure of information in breach of lawful contract — imprisonment up to 3 years or fine up to ₹5 lakh.
3.6 Section 78 — Power to Investigate
Section 78: Notwithstanding anything in the Code of Criminal Procedure (CrPC/BNSS), a police officer not below the rank of Inspector shall investigate any offence under the IT Act.
Important note: Original Section 78 stated "Deputy Superintendent of Police" (DSP) but was amended — the 2008 Amendment lowered the threshold to Inspector level to enable faster investigation of cybercrimes.