Section 66D IT Act: Punishment for cheating by personation by using computer resource

Section 66D IT Act punishes cheating by personating, meaning cheating by pretending to be another person, when carried out through any communication device or computer resource. Cheating by personation is defined in Section 319 BNS (formerly Section 416 of the Indian Penal Code).

For Section 66D IT Act to apply, two requirements must be met: the offender cheats by personating, and the offender uses a communication device or a computer resource as the means to commit that cheating. While Section 66C IT Act punishes the fraudulent or dishonest use of another person's password, electronic signature, or unique identification feature, Section 66D IT Act punishes using a computer resource or communication device to cheat by personating.

Conviction under Section 66D IT Act carries 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. Under Section 77B IT Act, the offence is cognizable, so 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 case, 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.

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.