cyber-crime-lawyers-advocates-in-delhi
cyber-crime-lawyers-advocates-in-delhi

Cyber Crime Lawyers / Advocates in Delhi

 

In India, cybercrimes are governed by the Information Technology (IT) Act, 2000, the Indian Penal Code (IPC), and the Code of Criminal Procedure (CrPC). Additionally, The Bharatiya Nyaya Sanhita (BNS), 2023 has replaced the IPC from July 1, 2024, introducing new provisions. Here’s a detailed breakdown:


1. Cybercrime Laws Under the IT Act, 2000

SectionOffensePunishment
Sec 43Unauthorized access, hacking, data theftCivil liability (compensation)
Sec 66Hacking with criminal intentUp to 3 years imprisonment and/or fine
Sec 66BDishonest receipt of stolen computer resourcesUp to 3 years and/or ₹1 lakh fine
Sec 66CIdentity theft (fraudulent use of digital signatures, passwords, etc.)Up to 3 years and ₹1 lakh fine
Sec 66DOnline fraud, phishing, impersonationUp to 3 years and ₹1 lakh fine
Sec 66EPublishing private images without consentUp to 3 years and ₹2 lakh fine
Sec 66FCyber terrorismLife imprisonment
Sec 67Publishing obscene material online5 years for first offense; 10 years for subsequent
Sec 67APublishing sexually explicit material5 years and ₹10 lakh fine
Sec 67BChild pornography7 years and ₹10 lakh fine
Sec 69Government power to intercept/decrypt dataUp to 7 years imprisonment
Sec 72Breach of confidentiality and privacyUp to 2 years and ₹1 lakh fine

2. Cybercrime Laws Under the Bharatiya Nyaya Sanhita (BNS), 2023

The Bharatiya Nyaya Sanhita (BNS) replaces IPC and brings new cyber-related sections:

BNS SectionOffensePunishment
Sec 317Identity theft and online fraudUp to 3 years imprisonment
Sec 318Electronic counterfeiting (forgery using digital means)Up to 7 years imprisonment
Sec 111Terrorism-related cyber offensesLife imprisonment
Sec 88Online defamationUp to 2 years
Sec 109Cyberstalking, online harassmentUp to 3 years

3. Cybercrime Laws Under the CrPC & BNS

The Criminal Procedure Code (CrPC), 1973 (soon to be replaced by Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023) provides procedures for cybercrime investigation and arrests:

CrPC SectionPurpose
Sec 154FIR registration for cybercrimes
Sec 91Power to demand electronic records from service providers
Sec 165Search and seizure of digital evidence
Sec 178Jurisdiction for cyber offenses committed across multiple locations
Sec 179Trial location for cybercrimes involving different places

Under BNSS, 2023, new provisions include:

BNSS SectionProvision
Sec 173Filing of charge sheet electronically
Sec 176Faster trial process for cyber-related financial frauds

4. Important Points

Would you like more details on any specific section?