Sreeram Viswanath

Published on: Sep 17, 2026

Offences and Penalties under Technology Act

The Information Technology Act, 2000 was introduced when India was on the brink of digitalization, with the core objective of providing legal recognition for electronic data interchange and other means of electronic communication. The Act was later amended by the formation of the Information Technology (Amendment) Act, 2008. This article looks at the offences and penalties under the Act.

The Background

The advent of the internet has almost wiped out the traditional mode of communication on papers. We are now the beneficiaries of a cheaper, user-friendly and speedier form of communication. However, anything transformational could also herald its own consequences, primarily in the form of cybercrimes. To address such concerns, the Information Technology Act, 2000 was enforced, conceptualized on the model of the United Nations Commission on International Trade Law (UNCITRAL).

Objectives of the Act

The Act seeks to:

Accord legal recognition to E-Transactions, as well as digital signatures for authentication.
Facilitate the electronic filing and storage of data.
Grant recognition for the maintenance of books of accounts in Electronic Form.
Impose penalties for defaults.

The Amendment at a Glance

The 2008 amendment of the Act has:

Emphasized data privacy and information security.
Defined the role of a cyber-café.
Classified digital signatures as technology neutral.
Outlined security processes for corporations.
Redefined the role of intermediaries.
Recognized the role of the Indian Computer Emergency Response Team.
Addressed crimes such as child pornography and cyber terrorism.
Allowed Inspectors, previously DSPs, to investigate cyber-crimes.

Section 43 – Penalty for Damages

Any person damaging a computer or its network would be liable for a penalty and compensation to the affected party. This section addresses unauthorized access, downloads, virus attacks, etc.

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Section 44 – Documentation and Reporting

Non-compliance with document submission can incur penalties:

INR 1,50,000 for not furnishing required documents.
INR 5,000 per day of default for delays in providing information.
INR 10,000 per day for not maintaining books of accounts or records.

ITR filing in Trichy

Section 65 – Manipulating Source Document

Intentional tampering, destruction, or alteration of computer source documents can attract fines up to INR 2,00,000 and/or imprisonment up to three years.

Section 66 – Dishonesty and Fraudulence

Individuals found guilty of cyber fraud are subject to penalties and imprisonment. This includes:

Section 66B: Receiving stolen computer resources incurs a penalty up to INR 1,00,000 and/or imprisonment up to three years.
Section 66C: Misuse of electronic signatures or identities results in similar penalties.
Section 66D: Personation through communication devices is punishable with penalties or imprisonment.
Section 66E: Unauthorized publication of someone's private images incurs fines or imprisonment.
Section 66F: Acts against national security can lead to life imprisonment.

GST Network and Common Portal

Section 67 – Electronic Publishing or Transmission

The transmission of indecent material electronically is subject to penalties and imprisonment. Repeat offenders face higher fines and longer imprisonment periods.

Section 68 – Powers of the Controller

The Controller can order cessation of activities if required. Non-compliance can result in penalties or imprisonment. Partnership Firm Registration in Srinagar

Section 69 – Powers of the Government

Central or State Governments can order monitoring or decryption of information in the nation's interest. Non-compliance can lead to severe penalties and imprisonment.

ESI Registration Reviews

Section 70 – Declaration of a Protected System

Governments can assign protected status to critical information infrastructure. Violations can result in substantial penalties and imprisonment terms.

Section 71 – Misrepresentation or Suppression

This section penalizes misrepresentation of information to obtain licenses or electronic signatures with fines or imprisonment. GST and ITR Filing in Hyderabad

Section 72 – Provisions of Secured Access

Unauthorized disclosure of secure electronic records can result in penalties and imprisonment. Disclosures with intent of wrongful gain attract higher penalties.

Sections 73 and 74 – Publishing of Certificate

Section 73 covers unauthorized publishing of electronic certificates. Section 74 deals with fraudulent certificate production with similar penalties.

Section 75 – Offence or Contravention Outside India

Any offence involving an Indian computer system from abroad can attract penalties under the Act, regardless of nationality.

Section 76 – Provision of Confiscation

Non-compliance related to computer accessories can result in confiscation unless proven otherwise. Registration on New DGFT Platform

The Information Technology Act and its amendments provide a crucial legal framework to handle cybercrimes in India. Understanding these sections is essential for compliance and ensuring secure digital operations.

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Frequently Asked Questions

Common questions about Information Technology Act Penalties: Cyber Law Compliance.

The Information Technology Act, 2000 is an Indian law that provides legal recognition for electronic data interchange and other means of electronic communication. It was introduced when India was on the brink of digitalization, with the core objective of facilitating electronic transactions and addressing issues related to cybercrime.

The main objectives of the Information Technology Act are to accord legal recognition to electronic transactions and digital signatures, facilitate electronic filing and storage of data, grant recognition for maintaining books of accounts electronically, and define offences and penalties for non-compliance.

The 2008 amendment emphasized data privacy and information security, defined cyber cafés and digital signatures, classified security processes for corporations, redefined the role of intermediaries, recognized the Indian Computer Emergency Response Team, and included new cybercrimes like child pornography and cyber terrorism.

Under Section 43, any person damaging the computer or computer network of the owner or person-in-charge would be liable to pay a penalty and compensation to the affected person.

Section 66 states that any person committing dishonesty and fraudulence under Section 43 would be liable to pay a fine of up to INR 5,00,000 and/or imprisonment of up to three years. Sections 66B, 66C, and 66D also define penalties for receiving stolen computer resources, employing electronic signatures fraudulently, and personating through communication devices, respectively.

Section 67 states that any person electronically transmitting material that appeals to unhealthy interests or is likely to deprave and corrupt others would be liable to pay a fine of up to INR 5,00,000 and/or imprisonment of up to three years. Section 67A defines penalties for publishing or transmitting sexually explicit content.

Under Section 68, the Controller can order a Certifying Authority or its employees to cease certain activities, and non-compliance can lead to a penalty of INR 1,00,000 and/or imprisonment of up to two years. Under Section 69, the Government can order agencies to monitor or decrypt information from computer resources for national interests.

Section 71 states that any person misrepresenting or suppressing material facts from the Controller or Certifying Authority to obtain a license or digital signature certificate would be liable to pay a fine of up to INR 1,00,000 and/or imprisonment of up to two years.

Section 72 states that any person with secured access to electronic records, books, or documents who reveals the details without consent would be liable to pay a fine of INR 1,00,000 and/or imprisonment of up to two years. If the disclosure is made with the intent of causing wrongful loss or gain, the penalties can be higher.

Section 75 states that any person who has committed an offence or contravention outside India involving a computer, computer system, or computer network located in India would be subject to the penal provisions of the Act, irrespective of their nationality.