Cyber offences-
Dr. Tanmoy Mukherji
Advocate
Cyber offences-
Tanmoy Mukherji
Advocate
A Contravention is a mere violation of Law or rule of procedure. It may or may not be punishable with a liability to pay a penalty (Compensation) only.
An offence is an act prohibited and made punishable by fine and / or imprisonment.
Contravention is generic whereas offence is specific.
Cyber-crime is a collective term encompassing both "Cyber Contraventions" and cyber offences.
The word cyber is synonymous with computer, computer system or computer network.
Thus, cyber-crime maybe defines as any illegal act that involves a computer, computer system or computer network.
Classification of offences against other laws [Schedule II, BNSS]-
|
Offence |
Cognizable or Non-cognizable |
Bailable or Non-bailable |
By what court it is triable |
|
If punishable with death, Imprisonment for life, or imprisonment for more than 7 years |
Cognizable |
Non-bailable |
Court of Session |
|
If punishable with imprisonment for 3 years and upwards but not more than 7 years. |
Cognizable |
Non-bailable |
Magistrate of the first class |
|
If punishable with imprisonment for less than 3 years or with fine only |
Non-cognizable |
Bailable |
Any Magistrate |
Classification of offences under I.T ACT, 2000-
Based on the aforesaid classification of offences, against other laws, the offences as given out in the chapters XI of the IT Act has been classified subject to section 77B of the Act, in the table below-
|
Section |
Offence |
Cognizable or Non-cognizable |
Bailable or Non-bailable |
By what Court it is triable |
|
Sec-65 |
Tampering with Computer Source documents. |
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec-66 |
Computer related offences. |
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec-66B |
Dishonestly receiving stolen computer resource or communication device. |
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec-66C |
Identity theft |
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec-66D |
Cheating by personation by using computer resource. |
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec-66E |
Violation of privacy |
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec-66F |
Cyber terrorism |
Cognizable |
Non Bailable |
Court of Session |
|
Sec-67
|
Publishing or transmitting Obscene material in electronic form →1st Conviction → 2nd Conviction |
Cognizable |
→Bailable →Non Bailable |
Magistrate of 1st class |
|
Sec-67A
|
Publishing or transmitting of material containing Sexually explicit act, etc. in electronic form →1st Conviction →2nd Conviction
|
Cognizable |
→Bailable →Non Bailable |
Magistrate of 1st class |
|
Sec-67B
|
Publishing or transmitting of material depicting children in Sexually explicit act, etc. in electronic form →1st conviction →2nd conviction |
Cognizable |
→Bailable →Non Bailable |
Magistrate of 1st class |
|
Sec-67C
|
Preservation and retention of information by intermediaries |
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec-68
|
Power of the Controller to give direction. |
Non-Cognizable |
Bailable |
Any Magistrate |
|
Sec-69
|
Power to issue directions for interception or monitoring or decryption of any information through any computer. |
Cognizable |
Non-Bailable |
Magistrate of 1st class |
|
Sec-69A
|
Power to issue directions for blocking for public access of any information through any computer resource. |
Cognizable |
Non-Bailable |
Magistrate of 1st class |
|
Sec-69B
|
Power to authorise to monitor and collect traffic data or information through any computer resource for Cyber Security. |
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec-70 |
Protected system |
Cognizable |
Non-Bailable |
Court of Session |
|
Sec-70B |
CERT-IN to serve as national agency for incident response. |
Non-Cognizable |
Bailable |
Any Magistrate |
|
Sec-71 |
Penalty for misrepresentation |
Non-Cognizable |
Bailable |
Any Magistrate |
|
Sec-72 |
Breach of confidentiality and privacy. |
Non-Cognizable |
Bailable |
Any Magistrate |
|
Sec-72A |
Discloser of information in breach of lawful contract.
|
Cognizable |
Bailable |
Magistrate of 1st class |
|
Sec 73 |
Publishing Electronic Signature Certificate false in certain particulars
|
Non-Cognizable |
Bailable |
Any Magistrate |
|
Sec 74 |
Publication for fraudulent purpose. |
Non-Cognizable |
Bailable |
Any Magistrate |
|
Sec-33 |
Surrender of Licence |
Non-Cognizable |
Bailable |
Any Magistrate |
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