Lok Sabha Question No. 589 (UNSTARRED), answered on 2025-07-23
Subject: Sections related to Cyber Crime
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Shri Rakesh Rathor

## GOVERNMENT OF INDIA

## MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 589

TO BE ANSWERED ON: 23.07.2025

## SECTIONS RELATED TO CYBER CRIME

## †589. SHRI RAKESH RATHOR:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state: (a) whether most of the sections relating to financial cyber crime are bailable under the Information Technology Act;

- (b) if so, the details thereof;
- (c) whether the Government proposes to make the crimes under the said sections nonbailable in view of the growing incidence and wider impact thereof in the country; and (d) if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI JITIN PRASADA)

(a) to (d):  Relevant provisions pertaining to cybercrime under the Information Technology Act, 2000 ('IT Act') and the Bharatiya Nyaya Sanhita, 2023 ('BNS') are as follows:

## I. Information Technology Act, 2000 ('IT Act'):

Section 65 of the IT Act: Tampering with computer source documents. -Whoever knowingly or  intentionally  conceals,  destroys  or  alters  or  intentionally  or  knowingly  causes  another  to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Explanation. -For  the  purposes  of  this  section,  'computer  source  code'  means  the  listing  of programmes,  computer  commands,  design  and  layout  and  programme  analysis  of  computer resource in any form.

Section 66 of the IT Act: Computer related offences. -If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may  extend  to  three  years  or  with  fine  which  may  extend  to  five  lakh  rupees  or  with both. Explanation .-For the purposes of this section,-

- (a) the word 'dishonestly' shall have the meaning assigned to it in section 24 of the Indian Penal Code (45 of 1860);
- (b) the word 'fraudulently' shall have the meaning assigned to it in section 25 of the Indian Penal Code (45 of 1860).

Section 66B of the IT Act: Punishment for dishonestly receiving stolen computer resource or communication device. - Whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.

Section 66C of the IT Act: Punishment for identity theft. -Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

Section  66D  of  the  IT  Act:  Punishment  for  cheating  by  personation  by  using  computer resource. -Whoever,  by  means  of  any  communication  device  or  computer  resource  cheats  by personating,  shall  be  punished  with  imprisonment  of  either  description  for  a  term  which  may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

Section 66E of the IT Act: Punishment for violation of privacy. -Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Explanation .-For the purposes of this section-

(a) 'transmit' means to electronically send a visual image with the intent that it be viewed by a person or persons;

(b) 'capture', with respect to an image, means to videotape, photograph, film or record by any means;

(c) 'private area' means the naked or undergarment clad genitals, public area, buttocks or female breast:

(d) 'publishes' means reproduction in the printed or electronic form and making it available for public;

(e) 'under circumstances violating privacy' means circumstances in which a person can have a reasonable expectation that-

(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or

(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

## Section 66F of the IT Act: Punishment for cyber terrorism. -( 1 ) Whoever,-

(A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by-

(i) denying or cause the denial of access to any person authorised to access computer resource; or

(ii) attempting  to  penetrate  or  access  a  computer  resource  without  authorisation  or exceeding authorised access; or

(iii) introducing or causing to introduce any computer contaminant, and by means of such  conduct  causes  or  is  likely  to  cause  death  or  injuries  to  persons  or  damage  to  or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70; or

(B) knowingly  or  intentionally  penetrates  or  accesses  a  computer  resource  without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer data base that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer data base, with reasons to believe that such information, data or computer data base so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.

( 2 )  Whoever  commits  or  conspires  to  commit  cyber  terrorism  shall  be  punishable  with imprisonment which may extend to imprisonment for life.

Section 67 of the IT Act: Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is  such as to tend to deprave and corrupt persons who are likely, having  regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Section 67A of the IT Act: Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

## Section 67B of the IT Act: Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form. -Whoever,-

(a) publishes  or  transmits  or  causes  to  be  published  or  transmitted  material  in  any electronic form which depicts children engaged in sexually explicit act or conduct; or

(b) creates  text  or  digital  images,  collects,  seeks,  browses,  downloads,  advertises, promotes,  exchanges  or  distributes  material  in  any  electronic  form  depicting  children  in obscene or indecent or sexually explicit manner; or

(c) cultivates,  entices  or  induces  children  to  online  relationship  with  one  or  more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or

- (d) facilitates abusing children online, or
- (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:

Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form-

( i ) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or ( ii ) which is kept or used for bona fide heritage or religious purposes.

Explanation -For  the  purposes  of  this  section,  'children'  means  a  person  who  has  not completed the age of 18 years.

Section  69  of  the  IT  Act:  Power  to  issue  directions  for  interception  or  monitoring  or decryption  of  any  information  through  any  computer  resource. -( 1 )  Where  the  Central Government  or  a  State  Government  or  any  of  its  officers  specially  authorised  by  the  Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it  may subject to the provisions of sub-section ( 2 ),  for  reasons  to  be  recorded  in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or  cause  to  be  intercepted  or  monitored  or  decrypted  any  information  generated,  transmitted, received or stored in any computer resource.

(2) The  procedure  and  safeguards  subject  to  which  such  interception  or  monitoring  or decryption may be carried out, shall be such as may be prescribed.

(3) The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section ( 1 ), extend all facilities and technical assistance to-

(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or

(b) intercept, monitor, or decrypt the information, as the case may be; or ( c ) provide information stored in computer resource.

(4) The subscriber or intermediary or any person who fails to assist the agency referred to in subsection ( 3 ) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 69A of the IT Act: Power to issue directions for blocking for public access of any information through any computer resource. -( 1 ) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly  relations  with  foreign  States  or  public  order  or  for  preventing  incitement  to  the commission of any cognizable offence relating to above, it may subject to the provisions of subsection ( 2 ), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.

(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out, shall be such as may be prescribed.

(3) The intermediary who fails to comply with the direction issued under sub-section ( 1 ) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.

Section  69B  of  the  IT  Act:  Power  to  authorise  to  monitor  and  collect  traffic  data  or information through any computer resource for cyber security. -( 1 ) The Central Government may,  to  enhance  cyber  security  and  for  identification,  analysis  and  prevention  of  intrusion  or spread of computer contaminant in the country, by notification in the Official Gazette, authorise any  agency  of  the  Government  to  monitor  and  collect  traffic  data  or  information  generated, transmitted, received or stored in any computer resource.

(2) The intermediary or any person in-charge or the computer resource shall, when called upon by the agency which has been authorised under sub-section ( 1 ), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to  the  computer  resource  generating,  transmitting,  receiving  or  storing  such  traffic  data  or information.

(3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed.

(4) Any  intermediary  who  intentionally  or  knowingly  contravenes  the  provisions  of  subsection ( 2 ) shall be punished with an imprisonment for a term which any extend to one year or shall be liable to fine which may extend to one crore rupees, or with both.

Explanation .-For the purposes of this section,-

- (i) 'computer contaminant' shall have the meaning assigned to it in section 43;
- (ii) 'traffic  data'  means  any  data  identifying  or  purporting  to  identify  any person,  computer  system  or  computer  network  or  location  to  or  from  which  the communication  is or may  be  transmitted and includes communications  origin, destination, route, time, data, size, duration or type of underlying service and any other information.

Section  70  of  the  IT  Act:  Protected  system. -  ( 1 )  The  appropriate  Government  may,  by notification in the Official Gazette, declare any computer resource which directly or indirectly affects the facility of Critical Information Infrastructure, to be a protected system.

Explanation .-For  the  purposes  of  this  section,  'Critical  Information  Infrastructure'  means  the computer resource, the incapacitation or destruction of which, shall have debilitating impact on national security, economy, public health or safety.

(2) The  appropriate  Government  may,  by  order  in  writing,  authorise  the  persons  who  are authorised to access protected systems notified under sub-section ( 1 ).

(3) Any person  who  secures  access  or  attempts  to  secure  access  to  a  protected  system  in contravention  of  the  provisions  of  this  section  shall  be  punished  with  imprisonment  of  either description for a term which may extend to ten years and shall also be liable to fine.

( 4 ) The Central Government shall prescribe the information security practices and procedures for such protected system.

## Section 70B of the IT Act: Indian Computer Emergency Response Team to serve as national

agency for incident response. -( 1 ) The Central Government shall, by notification in the Official Gazette,  appoint  an  agency  of  the  Government  to  be  called  the  Indian  Computer  Emergency Response Team.

(2) The Central Government shall provide the agency referred to in sub-section ( 1 )  with  a Director General and such other officers and employees as may be prescribed.

(3) The salary and allowances and terms and conditions of the Director-General and other officers and employees shall be such as may be prescribed.

(4) The Indian Computer Emergency Response Team shall serve as the national agency for performing the following functions in the area of cyber security,-

- (a) collection, analysis and dissemination of information on cyber incidents;
- (b) forecast and alerts of cyber security incidents;
- (c) emergency measures for handling cyber security incidents;
- (d) coordination of cyber incidents response activities;

(e) issue  guidelines,  advisories,  vulnerability  notes  and  white  papers  relating  to information security practices, procedures, preventation, response and reporting of cyber incidents; ( f ) such other functions relating to cyber security as may be prescribed.

(5) The manner of performing functions and duties of the agency referred to in sub-section ( 1 ) shall be such as may be prescribed.

(6) For carrying out the provisions of sub-section ( 4 ), the agency referred to in sub-section ( 1 ) may call for information and give direction to the service providers, intermediaries, data centres, body corporate and any other person.

(7) Any service provider, intermediaries, data centres, body corporate or person who fails to provide the information called for or comply with the direction under sub-section ( 6 ),  shall  be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one crore rupees or with both.

(8) No court shall take cognizance of any offence under this section, except on a complaint made by an officer authorised in this behalf by the agency referred to in sub-section ( 1 ).

Section 71 of the IT Act: Penalty for misrepresentation. -Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any  licence  or  electronic  signature  Certificate,  as  the  case  may  be,  shall  be  punished  with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 72 of the IT Act: Penalty for Breach of confidentiality and privacy.Save as otherwise provided in this Act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material  without  the  consent  of  the  person  concerned  discloses  such  electronic  record,  book, register,  correspondence, information, document or other material to any other person shall be liable to penalty which may extend to five lakh rupees.

Section  73  of  the  IT  Act:  Penalty  for  publishing  electronic  signature  Certificate  false  in certain particulars. -( 1 ) No person shall publish a electronic signature Certificate or otherwise make it available to any other person with the knowledge that-

- (a) the Certifying Authority listed in the certificate has not issued it; or
- (b) the subscriber listed in the certificate has not accepted it; or
- (c) the certificate has been revoked or suspended,  unless such publication is for  the  purpose  of  verifying  a  electronic  signature  created  prior  to  such  suspension  or revocation.

( 2 )  Any  person  who  contravenes  the  provisions  of  sub-section  ( 1 )  shall  be  punished  with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 74 of the IT Act: Publication for fraudulent purpose. -Whoever knowingly creates, publishes or otherwise makes available a electronic signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section  77B  of  the  IT  Act:  Offences  with  three  years  imprisonment  to  be  bailable. -Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable.

78. Power to investigate offences. -Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of 1 [Inspector] shall investigate any offence under this Act.

## II. Bharatiya Nyaya Sanhita, 2023 ('BNS'):

Section  111  of  the  BNS: Organised  crime.-( 1 )  Any  continuing  unlawful  activity  including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as  a  member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime.

Explanation . -For the purposes of this sub-section, -

( i ) 'organised crime syndicate' means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity;

( ii ) 'continuing unlawful activity' means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence;

( iii ) 'economic offence' includes criminal breach of trust, forgery, counterfeiting of  currency-notes,  bank-notes  and  Government  stamps, hawala transaction,  massmarketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form.

( 2 ) Whoever commits organised crime shall, -

( a ) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees;

1 . Subs. by Act 10 of 2009, s. 39, for 'Deputy Superintendent of Police' (w.e.f. 27-10-2009).

( b ) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

( 3 )  Whoever  abets,  attempts,  conspires  or  knowingly  facilitates  the  commission  of  an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

( 4 ) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

( 5 )  Whoever,  intentionally,  harbours  or  conceals  any  person  who  has  committed  the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees:

Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

( 6 )  Whoever  possesses  any  property  derived  or  obtained  from  the  commission  of  an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees.

( 7 ) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.

Section 112 of the BNS: Petty organisedcrime.-( 1 ) Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime.

Explanation . -For the purposes of this sub-section 'theft' includes trick theft, theft from vehicle,  dwelling  house  or  business  premises,  cargo  theft,  pick  pocketing,  theft  through  card skimming, shoplifting and theft of Automated Teller Machine.

( 2 ) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.

Section  318  of  the  BNS:  Cheating.-( 1 )  Whoever,  by  deceiving  any  person,  fraudulently  or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat.

Explanation . -A dishonest concealment of facts is a deception within the meaning of this section.

( 2 ) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

( 3 ) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

( 4 ) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything  which  is  signed  or  sealed,  and  which  is  capable  of  being  converted  into  a  valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 319 of the BNS: Cheating by personation.-( 1 ) A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is.

Explanation . -The offence is committed whether the individual personated is a real or imaginary person. Section 336 of the BNS: Forgery.-( 1 ) Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. ( 2 ) Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. ( 3 ) Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ) Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and

( 4 shall also be liable to fine.

Government regularly engages with citizens and stakeholders, including in respect of changes required to existing legislation and the need to introduce fresh legislation.

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