Section 64 IT Act: Recovery of penalty or compensation
Information Technology Act, 2000
Section 64 IT Act at a Glance
Section 64 IT Act states how unpaid penalties and unpaid compensation under the Act are enforced. The unpaid sum is recovered as an arrear of land revenue, and any licence or electronic signature Certificate is suspended until the penalty is paid.
Section 64 IT Act Bare Act Text
64. Recovery of penalty or compensation.
A penalty imposed or compensation awarded under this Act, if it is not paid, shall he recovered as an arrear of land revenue and the licence or the electronic signature Certificate, as the case may be, shall be suspended till the penalty is paid.
Amendments to this section
- Subs. by Act 10 of 2009, s. 31, for marginal heading (w.e.f. 27-10-2009).
- Subs. by s. 31, ibid., for "penalty imposed" (w.e.f. 27-10-2009).
- Subs. by s. 2, ibid., for "digital signature" (w.e.f. 27-10-2009).
Section 64 IT Act in Simple Words
Section 64 IT Act sets out how an unpaid penalty or unpaid compensation under the Information Technology Act, 2000 is enforced and recovered. When a penalty imposed or compensation awarded under the IT Act is not paid, Section 64 IT Act provides two consequences. First, the unpaid amount is recovered as an arrear of land revenue, which is the revenue recovery process used for unpaid land revenue. Second, the licence or the electronic signature Certificate, as the case may be, is suspended until the penalty is paid.
Section 64 IT Act works alongside provisions such as Section 43 IT Act, which makes a person liable to pay compensation for listed acts done to a computer without the owner's permission, and Section 63 IT Act, which deals with compounding of contraventions. Section 64 IT Act and its heading were amended by Act 10 of 2009 with effect from 27 October 2009.
When Section 64 IT Act Applies
- A penalty has been imposed or compensation has been awarded under the IT Act.
- The penalty or compensation has not been paid.
- The unpaid amount is recovered as an arrear of land revenue.
- The licence or electronic signature Certificate, as the case may be, is suspended until the penalty is paid.
Example of Section 64 IT Act
When Section 64 IT Act Does Not Apply
- When the penalty imposed or compensation awarded under the IT Act has been paid (Section 64 IT Act applies only if the amount is not paid).
FAQs on Section 64 IT Act
What is Section 64 IT Act?▼
Section 64 IT Act provides for the recovery of any unpaid penalty imposed or unpaid compensation awarded under the Information Technology Act, 2000. The unpaid amount is recovered as an arrear of land revenue, and the person's licence or electronic signature Certificate, as the case may be, is suspended until the penalty is paid.
How is unpaid compensation awarded under the IT Act recovered?▼
As an arrear of land revenue. Under Section 64 IT Act, if compensation awarded or a penalty imposed under the Act is not paid, the unpaid sum is recovered as an arrear of land revenue.
What happens to a licence or electronic signature Certificate when a penalty under the IT Act is not paid?▼
It is suspended until the penalty is paid. Section 64 IT Act directs suspension of the licence or the electronic signature Certificate, as the case may be, for so long as the penalty remains unpaid.
Does Section 64 IT Act create a separate criminal offence?▼
No. Section 64 IT Act is an enforcement and recovery provision for unpaid penalties and unpaid compensation under the IT Act.
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Sources: Bare Act Text, Information Technology Act, 2000 ·