Section 66 IT Act: Computer related offences

Section 66 IT Act makes the unauthorised computer acts listed in Section 43 IT Act criminal offences when committed dishonestly or fraudulently. Under Section 43 IT Act, doing any listed act without the permission of the owner or any other person in charge of a computer, computer system, or computer network makes a person liable to pay compensation. Under Section 66 IT Act, doing any act referred to in Section 43 IT Act dishonestly or fraudulently attracts criminal punishment.

The acts referred to in Section 43(a) to (j) IT Act, when done without the permission of the owner or person in charge, cover: accessing or securing access to a computer, system, network, or computer resource; downloading, copying, or extracting data, a computer database, or information (including from removable storage); introducing a computer contaminant or computer virus; damaging a computer, system, network, data, database, or residing programmes; disrupting a computer, system, or network; denying access by any means to an authorised person; assisting access to a computer, system, or network in breach of the IT Act, rules, or regulations; charging services used by one person to another person's account by tampering with or manipulating a computer, system, or network; destroying, deleting, or altering information in a computer resource or reducing its value or utility or injuring it by any means; and stealing, concealing, destroying, or altering computer source code (or causing someone to do so) with an intention to cause damage.

Under the Explanation to Section 66 IT Act, the word 'dishonestly' has the meaning assigned to it in Section 24 of the Indian Penal Code (45 of 1860), and the word 'fraudulently' has the meaning assigned to it in Section 25 of the Indian Penal Code (45 of 1860). The Act still refers to the Indian Penal Code, 1860, which the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced from 1 July 2024; the same definitions now appear in Section 2(7) and Section 2(9) BNS. Section 66 IT Act was substituted by Act 10 of 2009 with effect from 27 October 2009.

An offence under Section 66 IT Act is punishable with imprisonment up to 3 years, or a fine up to ₹5 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), the offence is tried by a Magistrate of the first class. 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.

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.