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
| Section | Offense | Punishment |
|---|---|---|
| Sec 43 | Unauthorized access, hacking, data theft | Civil liability (compensation) |
| Sec 66 | Hacking with criminal intent | Up to 3 years imprisonment and/or fine |
| Sec 66B | Dishonest receipt of stolen computer resources | Up to 3 years and/or ₹1 lakh fine |
| Sec 66C | Identity theft (fraudulent use of digital signatures, passwords, etc.) | Up to 3 years and ₹1 lakh fine |
| Sec 66D | Online fraud, phishing, impersonation | Up to 3 years and ₹1 lakh fine |
| Sec 66E | Publishing private images without consent | Up to 3 years and ₹2 lakh fine |
| Sec 66F | Cyber terrorism | Life imprisonment |
| Sec 67 | Publishing obscene material online | 5 years for first offense; 10 years for subsequent |
| Sec 67A | Publishing sexually explicit material | 5 years and ₹10 lakh fine |
| Sec 67B | Child pornography | 7 years and ₹10 lakh fine |
| Sec 69 | Government power to intercept/decrypt data | Up to 7 years imprisonment |
| Sec 72 | Breach of confidentiality and privacy | Up 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 Section | Offense | Punishment |
|---|---|---|
| Sec 317 | Identity theft and online fraud | Up to 3 years imprisonment |
| Sec 318 | Electronic counterfeiting (forgery using digital means) | Up to 7 years imprisonment |
| Sec 111 | Terrorism-related cyber offenses | Life imprisonment |
| Sec 88 | Online defamation | Up to 2 years |
| Sec 109 | Cyberstalking, online harassment | Up 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 Section | Purpose |
|---|---|
| Sec 154 | FIR registration for cybercrimes |
| Sec 91 | Power to demand electronic records from service providers |
| Sec 165 | Search and seizure of digital evidence |
| Sec 178 | Jurisdiction for cyber offenses committed across multiple locations |
| Sec 179 | Trial location for cybercrimes involving different places |
Under BNSS, 2023, new provisions include:
| BNSS Section | Provision |
|---|---|
| Sec 173 | Filing of charge sheet electronically |
| Sec 176 | Faster trial process for cyber-related financial frauds |
4. Important Points
- Cybercrime complaints can be filed at www.cybercrime.gov.in.
- Police can register zero FIR in cybercrime cases.
- Online fraud victims can block their accounts via 1930 (cybercrime helpline).
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