Section 68 IT Act: Power of Controller to give directions

Information Technology Act, 2000

Section 68 IT Act at a Glance

Section 68 IT Act empowers the Controller to order a Certifying Authority or an employee of that Authority to take measures or stop activities for compliance. Intentional or knowing failure to comply is an offence carrying a penalty up to ₹25 lakh.

Section 68 IT Act Bare Act Text

68. Power of Controller to give directions.

(1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder.

(2) Any person who intentionally or knowingly fails to comply with any order under sub-section (1) shall be guilty of an offence and shall be liable to penalty which may extend to twenty-five lakh rupees.

Amendments to this section
  • Subs. by Act 10 of 2009, s. 33, for sub-section (2) (w.e.f. 27-10-2009).
  • Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 30-11-2023).

Section 68 IT Act in Simple Words

Section 68 IT Act empowers the Controller to issue compliance orders to a Certifying Authority or any employee of a Certifying Authority, and prescribes a penalty for intentional or knowing failure to obey such an order. Under Section 68(1) IT Act, the Controller may issue an order directing a Certifying Authority or any employee of that Authority to take specified measures or to cease carrying on specified activities.

The Controller's power under Section 68(1) IT Act is discretionary and applies only where the specified measures or cessation of activities are necessary to ensure compliance with the provisions of the IT Act, or any rules or regulations made under the IT Act.

Under Section 68(2) IT Act, any person who intentionally or knowingly fails to comply with any order issued under Section 68(1) IT Act is guilty of an offence and is liable to a penalty of up to ₹25 lakh. It carries no imprisonment. Section 68(2) IT Act was substituted by Act 10 of 2009 with effect from 27 October 2009, and Act 18 of 2023 substituted certain words in Section 68 IT Act with effect from 30 November 2023.

When Section 68 IT Act Applies

  • The Controller issues an order under Section 68(1) IT Act directed to a Certifying Authority or any employee of such Authority.
  • The order specifies measures to be taken or activities to cease, necessary to ensure compliance with the IT Act, rules or regulations made under it.
  • A person fails to comply with that order under Section 68(1) IT Act.
  • The failure to comply is intentional or knowing, making that person guilty of an offence and liable to a penalty of up to ₹25 lakh under Section 68(2) IT Act.

Example of Section 68 IT Act

Ranbir works as an operations employee at a Certifying Authority in Warangal. Finding that an activity carried on at the Warangal office contravenes regulations made under the IT Act, the Controller issues an order under Section 68(1) IT Act directing Ranbir to cease carrying on that specified activity. Despite receiving and reading the Controller's order, Ranbir knowingly continues carrying on the prohibited activity. Because Ranbir knowingly failed to comply with an order issued under Section 68(1) IT Act, Ranbir is guilty of an offence under Section 68(2) IT Act and is liable to a penalty of up to ₹25 lakh, with no imprisonment.

When Section 68 IT Act Does Not Apply

  • Directions to entities or individuals other than a Certifying Authority or an employee of a Certifying Authority, or measures not necessary to ensure compliance with the IT Act, rules or regulations made under it (Section 68(1) IT Act).
  • Failure to comply with an order under Section 68(1) IT Act that is neither intentional nor knowing, as Section 68(2) IT Act requires that the person intentionally or knowingly fails to comply.

FAQs on Section 68 IT Act

What is Section 68 IT Act?▼

Section 68 IT Act empowers the Controller to order a Certifying Authority or any employee of such Authority to take specified measures or cease specified activities when necessary to ensure compliance with the IT Act, rules or regulations. Under Section 68(2) IT Act, any person who intentionally or knowingly fails to comply with such an order is guilty of an offence and is liable to a penalty of up to ₹25 lakh, with no imprisonment.

To whom can the Controller issue directions under Section 68(1) IT Act?▼

A Certifying Authority or any employee of a Certifying Authority. Section 68(1) IT Act authorises orders directed to those recipients when necessary to ensure compliance with the IT Act, rules or regulations made under it.

Does non-compliance with an order under Section 68 IT Act carry imprisonment?▼

No. Under Section 68(2) IT Act, a person who intentionally or knowingly fails to comply with an order under Section 68(1) IT Act is guilty of an offence and is liable to a penalty of up to ₹25 lakh, and it carries no imprisonment.

Is accidental failure to comply punishable under Section 68(2) IT Act?▼

No. Section 68(2) IT Act applies only when a person intentionally or knowingly fails to comply with an order issued under Section 68(1) IT Act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·