Legal Protection under IT Act Section 66

Cybercrime has become a huge threat to individuals. The organisations and even governments in modern times are the victims. With the increasing use of technology, especially the internet, there has been a parallel rise in the misuse of digital platforms for wrong purposes. To fight such issues, governments across the world have deployed a lot of laws.

In India, the Information Technology Act, 2000 (commonly known as the IT Act), provides an overview of legal action for cybercrimes and electronic commerce. One of the most important provisions in this Act is Section 66.

This blog will discuss the details of the IT Act and its section 66 and the legal help present in this section.

Understanding Section 66 of the IT Act

The IT Act was made by the Indian Parliament in 2000 with the primary objective of providing legal recognition to electronic transactions and preventing cybercrimes. It was the first registered in India for cyber activities. Over the years, the Act has been changed to cover a broader spectrum of issues relating to digital data, privacy, and cybersecurity.

Section 66 of the IT Act applied to “Computer-related offences.” This section gives a penalty on any person who does any kind of fraudulent activity, and this act is referred to in Section 43 of the Act.

Text of Section 66:

“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 a fine which may extend to five lakh rupees or with both.”

This provision makes it a punishable offence to access a computer or network without permission to cause harm or steal information.

Main Terms of Section 66

To understand the legal protection that comes under Section 66, it’s important to break down the main terms:

• Dishonestly: As described under Section 24 of the Indian Penal Code (IPC), a person is said to do something dishonestly if the intention is to cause wrongful gain to one person or wrongful loss to another.
• Fraudulently: According to Section 25 of the IPC, a person does something fraudulently if the act is done with the intent to defraud.
• Acts Referred to in Section 43: Section 43 includes unauthorised access to computers, downloading data without permission, spreading viruses, disrupting services, and manipulating digital systems.

Together, Section 66 criminalises all acts done with dishonest or fraudulent intent, such as hacking, data theft, and introducing viruses into a system.

Types of Cyber Offences Covered Under Section 66

So the types of cyber offences that come under section 66 are:

1. Hacking: Unauthorised access to or control over computer systems.
2. Data Theft: Stealing or misusing personal or sensitive data.
3. Email Spoofing and Phishing: Sending fake emails to deceive recipients.
4. Spreading Malware: Introducing viruses or other malicious software to damage systems.
5. Denial of Service (Dos) Attacks: Intentionally crashing or disabling computer services.

Punishment Under Section 66

The punishment under Section 66 is:

• Imprisonment up to three years,
• Fine up to five lakh rupees,
• Or both.

This punishment indicates the seriousness with which cybercrimes are treated under Indian law. It also aims to act as a barrier to potential offenders.

Difference Between Section 66 and Section 66a

Section 66 deals with cyber offences committed with dishonest or fraudulent intent. Section 66A (now repealed) was about offensive or false messages sent electronically. It was struck down in 2015 by the Supreme Court for being vague and violating freedom of speech.

Conclusion

Section 66 of the IT Act plays a pivotal role in curbing cybercrime in India. It offers legal recourse to victims and serves as a deterrent against unlawful digital behaviour. We are the best lawyers in Delhi and our team can help you to get better results. So please feel to contact us.