Offences Under IT Act 2008 (Sections 65 to 78)

Introduction:

The Information Technology Act, 2000 (amended in 2008), is India's primary law dealing with

cybercrime and electronic commerce. Sections 65 to 78 focus on specific offences and procedures

related to digital crimes and legal enforcement. These include hacking, identity theft, cyber terrorism,

data breaches, obscenity, privacy violations, and enforcement powers.

Section Summaries:

- Section 65: Tampering with source documents - 3 years + Rs.2 lakh fine.

- Section 66: Computer-related offences - 3 years + Rs.5 lakh fine.

- Section 66C: Identity theft - 3 years + Rs.1 lakh fine.

- Section 66D: Cheating by personation - 3 years + Rs.1 lakh fine.

- Section 66F: Cyber terrorism - Life imprisonment.

- Section 67: Publishing obscene content - 3 to 5 years imprisonment.

Enforcement Mechanisms:

- Section 69: Government powers to intercept in interest of security.

- Section 69A: Blocking public access to harmful content.

- Section 70: Declaring 'protected systems' of national importance.

- Section 70B: CERT-In as nodal agency for cyber security emergencies.

Landmark Case Laws:

- Shreya Singhal v. Union of India: Struck down Section 66A, upheld 69A.

- K.S. Puttaswamy v. Union of India: Recognized privacy as a fundamental right.

Conclusion:
Sections 65 to 78 of the IT Act build a strong framework for tackling cybercrime and protecting digital

infrastructure. They also establish mechanisms for enforcement and redressal, making Indian

cyberspace safer for users and the state.

Detailed Explanation and Analysis:

Section 65 - Tampering with Computer Source Documents:

This section penalizes anyone who knowingly or intentionally conceals, destroys or alters any

computer source code used for a computer, computer program, computer system or computer

network. Source code is the base structure of computer programs and is essential for their

operation. Tampering with it can disrupt systems and lead to serious consequences. Example: A

software engineer deletes or modifies logs or source code to hide illegal transactions in a banking

software. This act is punishable with up to 3 years of imprisonment or with fine that may extend to

Rs. 2 lakhs, or with both.

Section 66 - Computer Related Offences:

This is one of the broadest and most commonly invoked provisions. It deals with various dishonest

and fraudulent acts involving computers that cause wrongful loss or damage. Example:

Unauthorized access, deletion or alteration of information, or introducing viruses. Punishment

includes imprisonment for up to 3 years and/or a fine up to Rs. 5 lakhs.

Sections 66B to 66F - Specialized Cyber Crimes:

Section 66B penalizes receiving stolen computer resources knowingly. Section 66C targets identity

theft, such as unauthorized use of someone's digital signature or password. Section 66D deals with

cheating by personation using a computer resource. Section 66E provides punishment for violation

of privacy. Section 66F deals with cyber terrorism-a very serious offence threatening national

sovereignty. It includes attacks on critical infrastructure, attempting to access or disrupt systems

Sexual and Obscene Content Provisions - Sections 67 to 67C:

These sections address transmission and publication of obscene material, especially sexually

explicit content and child pornography. Section 67 penalizes publishing obscene material in

electronic form. Section 67A deals with content that is sexually explicit, while Section 67B relates to

child pornography. Section 67C imposes obligations on intermediaries (like social media platforms)

to retain user data for a prescribed duration.

Enforcement and Government Powers (Sections 68 to 78):

These sections empower designated officers and the government to ensure compliance and

investigate offences. Section 69 grants power to intercept, monitor or decrypt any information in the

interest of national security. Section 69A allows the government to block public access to

information on grounds like national integrity and decency. Section 70 defines protected systems as

those whose disruption could severely impact national security, such as nuclear plants or airport

systems. Section 70B establishes CERT-In (Indian Computer Emergency Response Team) as the

nodal agency for handling cyber threats. Sections 71 to 74 deal with misrepresentation and

fraudulent certificates. Section 75 provides the law's extraterritorial applicability-crimes committed

outside India affecting Indian systems can be prosecuted. Section 76 permits confiscation of devices

involved in offences. Sections 77A and 78 allow compounding of certain offences and define

investigative jurisdiction.

Case Law Expanded View:

1. Shreya Singhal v. Union of India (2015): Supreme Court ruled Section 66A unconstitutional for

violating free speech. Section 69A, concerning website blocking, was upheld as constitutional.

2. K.S. Puttaswamy v. UOI (2017): Recognized privacy as a fundamental right. This ruling impacts

surveillance laws like Section 69.

4. Kamlesh Vaswani PIL (2013): Sought a ban on pornographic content, leading to partial website

blocks using Section 69A.

5. Prajwala Case (2015): Supreme Court directed government to monitor and block child

pornography sites.

Conclusion:

The IT Act's Sections 65 to 78 form the backbone of India's legal framework against cybercrime.

They recognize the complex and evolving threats posed by misuse of digital technology. With

growing digital penetration in India, the importance of these sections will only increase, requiring

both stricter enforcement and periodic legislative updates.