Section 65 IT Act: Tampering with computer source documents
Information Technology Act, 2000
Section 65 IT Act at a Glance
Section 65 IT Act punishes knowingly or intentionally concealing, destroying, or altering computer source code required by law to be kept or maintained. Punishment is imprisonment up to 3 years, a fine up to ₹2 lakh instead of imprisonment, or both.
Up to 3 years
Section 65 IT Act Bare Act Text
65. 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 65 IT Act in Simple Words
Section 65 IT Act makes tampering with legally required computer source code a criminal offence. A person commits this offence by knowingly or intentionally concealing, destroying, or altering any computer source code used for a computer, computer programme, computer system, or computer network, or by intentionally or knowingly causing another person to conceal, destroy, or alter it. Section 65 IT Act applies only when that computer source code is required to be kept or maintained by a law in force at the time.
The Explanation to Section 65 IT Act defines computer source code broadly for Section 65 IT Act. It means the listing of programmes, computer commands, design and layout, and programme analysis of a computer resource in any form.
An offence under Section 65 IT Act is punishable with imprisonment up to 3 years, or a fine up to ₹2 lakh instead of imprisonment, or both. Under Section 77B IT Act, the offence is cognizable (so the police can register an FIR and arrest without a warrant) and bailable (so the accused can claim bail as of right). Under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a Magistrate of the first class tries the offence. Under Section 77A IT Act, the court may compound (settle) the offence, except where the accused is liable to enhanced punishment because of a previous conviction, where the offence affects the socio economic conditions of the country, or where the offence was committed against a child below 18 years or a woman.
Ingredients of Section 65 IT Act
- The accused acts knowingly or intentionally.
- The accused conceals, destroys, or alters computer source code, or causes another person to conceal, destroy, or alter it.
- The computer source code is used for a computer, computer programme, computer system, or computer network.
- The computer source code is required to be kept or maintained by a law in force at that time.
- Under the Explanation, computer source code includes programme listings, computer commands, design and layout, and programme analysis of a computer resource in any form.
Punishment Under Section 65 IT Act
Up to 3 years
Up to ₹2 lakh, instead of or with imprisonment
Section 77B IT Act makes an offence punishable with imprisonment of 3 years cognizable and bailable. Under Part II of the First Schedule to the BNSS it is tried by a Magistrate of the first class. Section 77A IT Act lets the court compound it, but not where the accused is liable to enhanced punishment because of a previous conviction, or where the offence affects the socio economic conditions of the country or was committed against a child below 18 years or a woman.
An offence under Section 65 IT Act is punishable with imprisonment up to 3 years, or a fine up to ₹2 lakh instead of imprisonment, or both. Under Section 77B IT Act it is cognizable and bailable, and under Part II of the First Schedule to the BNSS it is tried by a Magistrate of the first class. Under Section 77A IT Act, a court may compound the offence unless the accused is liable to enhanced punishment from a previous conviction, the offence affects the socio economic conditions of the country, or the offence was committed against a child below 18 years or a woman.
Example of Section 65 IT Act
When Section 65 IT Act Does Not Apply
- When no law in force requires the computer source code to be kept or maintained.
- When the concealment, destruction, or alteration of the computer source code happens accidentally, without knowledge or intention.
FAQs on Section 65 IT Act
What is Section 65 IT Act?▼
Section 65 IT Act makes it an offence to knowingly or intentionally conceal, destroy, or alter computer source code (or cause another person to do so) when a law in force requires that source code to be kept or maintained. The offence is punishable with imprisonment up to 3 years, or a fine up to ₹2 lakh instead of imprisonment, or both.
Does Section 65 IT Act cover all computer source code?▼
No. Section 65 IT Act applies when the computer source code is required to be kept or maintained by a law in force at the time. Source code tampering with an intention to cause damage without the owner's permission is separately listed under Section 43(j) IT Act, and doing a Section 43 act dishonestly or fraudulently falls under Section 66 IT Act.
What counts as computer source code under Section 65 IT Act?▼
Programme listings, computer commands, design and layout, and programme analysis of a computer resource in any form. The Explanation to Section 65 IT Act sets out this definition.
Is an offence under Section 65 IT Act bailable and cognizable?▼
Yes, it is both cognizable and bailable under Section 77B IT Act. Police can register an FIR and arrest without a warrant, and the accused has a right to be released on bail.
Can an offence under Section 65 IT Act be compounded?▼
Yes, with exceptions under Section 77A IT Act. The court may compound it, except where the accused is liable to enhanced punishment due to a previous conviction, where the offence affects the socio economic conditions of the country, or where it was committed against a child below 18 years or a woman.
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Sources: Bare Act Text, Information Technology Act, 2000 ·