Section 66C IT Act: Punishment for identity theft
Information Technology Act, 2000
Section 66C IT Act at a Glance
Section 66C IT Act punishes identity theft: fraudulently or dishonestly using another person's electronic signature, password, or unique identification feature. It carries imprisonment up to 3 years, and the offender is also liable to a fine up to ₹1 lakh.
Up to 3 years, simple or rigorous
Section 66C IT Act Bare Act Text
66C. 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.
Amendments to this section
- Subs. by Act 10 of 2009, s. 32, for sections 66 and 67 (w.e.f. 27-10-2009).
Section 66C IT Act in Simple Words
Section 66C IT Act defines and punishes the offence of identity theft. A person commits identity theft under Section 66C IT Act by fraudulently or dishonestly using the electronic signature, password, or any other unique identification feature belonging to another person.
Two conditions must come together for Section 66C IT Act to apply. First, the electronic signature, password, or other unique identification feature used must belong to another person. Second, the accused must use that credential or feature fraudulently or dishonestly. Section 66D IT Act deals separately with cheating by personating through a computer resource or communication device.
On conviction under Section 66C IT Act, the punishment is simple or rigorous imprisonment for up to 3 years, and the offender is also liable to a fine of up to ₹1 lakh in addition to imprisonment. Unlike offences where a fine can replace jail, Section 66C IT Act provides for imprisonment and makes the offender liable to an added fine. Under Section 77B IT Act, the offence is cognizable, so the police can register an FIR and arrest without a warrant, and bailable, so bail can be claimed 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 case. 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, or where the offence affects the socio-economic conditions of the country or was committed against a child below 18 years or a woman.
Ingredients of Section 66C IT Act
- The electronic signature, password, or other unique identification feature belongs to another person.
- The accused makes use of that electronic signature, password, or unique identification feature.
- The use is made fraudulently or dishonestly.
Punishment Under Section 66C IT Act
Up to 3 years, simple or rigorous
Liable to fine of up to ₹1 lakh, in addition to 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.
Identity theft under Section 66C IT Act is punishable with simple or rigorous imprisonment for up to 3 years, and the offender is also liable to a fine of up to ₹1 lakh in addition to imprisonment. The offence is cognizable, bailable, and tried by a Magistrate of the first class. Under Section 77A IT Act, the court can compound the offence unless the accused is liable to enhanced punishment because of a previous conviction, or the offence affects the socio-economic conditions of the country or was committed against a child below 18 years or a woman.
Example of Section 66C IT Act
When Section 66C IT Act Does Not Apply
- Where another person's electronic signature, password, or unique identification feature is used neither fraudulently nor dishonestly.
- Where no electronic signature, password, or unique identification feature belonging to another person is used.
FAQs on Section 66C IT Act
What is Section 66C IT Act?▼
Section 66C IT Act punishes identity theft committed by fraudulently or dishonestly using another person's electronic signature, password, or other unique identification feature. A convicted person faces simple or rigorous imprisonment for up to 3 years and is also liable to a fine of up to ₹1 lakh.
Can a court impose only a fine without imprisonment under Section 66C IT Act?▼
No. Section 66C IT Act provides for simple or rigorous imprisonment of up to 3 years and makes the offender liable to a fine of up to ₹1 lakh in addition to imprisonment, rather than instead of imprisonment.
Is identity theft under Section 66C IT Act bailable and cognizable?▼
Yes. Under Section 77B IT Act, an offence under Section 66C IT Act is cognizable and bailable, meaning police can register an FIR without a warrant and the arrested person has a right to bail.
Can a case under Section 66C IT Act be settled by compounding?▼
Yes. Under Section 77A IT Act, the court may compound the offence, except 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.
Which court tries an offence under Section 66C IT Act?▼
A Magistrate of the first class. Under Part II of the First Schedule to the BNSS, identity theft under Section 66C IT Act is tried by a Magistrate of the first class.
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Sources: Bare Act Text, Information Technology Act, 2000 ·