Section 69B IT Act: Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
Information Technology Act, 2000
Section 69B IT Act at a Glance
Section 69B IT Act lets the Central Government authorise an agency to monitor and collect traffic data for cyber security. An intermediary intentionally or knowingly contravening this duty faces up to 1 year imprisonment, a fine up to ₹1 crore instead, or both.
Up to 1 year, under sub-section (4)
Section 69B IT Act Bare Act Text
69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security.
(1) The Central Government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, by notification in the Official Gazette, authorise any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.
(2) The intermediary or any person in-charge or the computer resource shall, when called upon by the agency which has been authorised under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information.
(3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed.
(4) Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) shall be punished with an imprisonment for a term which any extend to one year or shall be liable to fine which may extend to one crore rupees, or with both.
Explanation.—For the purposes of this section,—
(i) “computer contaminant” shall have the meaning assigned to it in section 43;
(ii) “traffic data” means any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, data, size, duration or type of underlying service and any other information.
Amendments to this section
- Subs. by Act 18 of 2023, s. 2 and Schedule for "three years and shall also be liable to fine" (w.e.f. 30-11-2023).
- Subs. by Act 10 of 2009, s. 34, for section 69 (w.e.f. 27-10-2009).
Section 69B IT Act in Simple Words
Section 69B IT Act enables the Central Government to authorise the monitoring and collection of traffic data or information in computer resources for cyber security, and penalises intermediaries that intentionally or knowingly contravene their duty to assist. Under Section 69B(1) IT Act, the Central Government may publish a notification in the Official Gazette authorising any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource. The stated purposes in Section 69B(1) IT Act are enhancing cyber security and identifying, analysing and preventing intrusion or the spread of any computer contaminant in the country.
Under Section 69B(2) IT Act, when the agency authorised under Section 69B(1) IT Act calls upon an intermediary (defined in Section 2 IT Act, along with 'computer resource') or any person in charge of the computer resource, that intermediary or person must provide technical assistance and extend all facilities to the agency. That assistance is for enabling online access, or securing and providing online access, to the computer resource generating, transmitting, receiving or storing the traffic data or information. Under Section 69B(3) IT Act, the procedure and safeguards for monitoring and collecting such traffic data or information are those prescribed.
Under Section 69B(4) IT Act, any intermediary that intentionally or knowingly contravenes Section 69B(2) IT Act is punishable with imprisonment for up to 1 year, or a fine of up to ₹1 crore instead of imprisonment, or both. The Explanation to Section 69B IT Act defines two terms for Section 69B IT Act: under clause (i), 'computer contaminant' has the meaning assigned to it in Section 43 IT Act (which deals with unauthorised acts on a computer resource, including introducing a computer contaminant or computer virus); under clause (ii), 'traffic data' means any data identifying or purporting to identify any person, computer system, computer network or location to or from which a communication is or may be transmitted, and includes communications origin, destination, route, time, data, size, duration, type of underlying service, and any other information.
Because the maximum prison term is less than 3 years, Section 77B IT Act does not govern its classification, and Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) makes the offence non-cognizable (the police cannot arrest without a warrant or investigate without a Magistrate's order), bailable (the accused can claim bail as of right), and triable by any Magistrate. Under Section 77A IT Act, a court may compound the offence (allow it to be settled), except where the accused faces 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. Act 10 of 2009 inserted Section 69B IT Act, along with the present Sections 69 and 69A IT Act, in place of the original Section 69 IT Act with effect from 27 October 2009. Act 18 of 2023 changed the punishment in Section 69B(4) IT Act with effect from 30 November 2023; it earlier read imprisonment up to 3 years and liability to fine.
Ingredients of Section 69B IT Act
- The Central Government publishes a notification in the Official Gazette under Section 69B(1) IT Act authorising a government agency to monitor and collect traffic data or information in a computer resource to enhance cyber security and identify, analyse and prevent intrusion or the spread of a computer contaminant.
- The authorised agency calls upon an intermediary or person in charge of the computer resource under Section 69B(2) IT Act to provide technical assistance and facilities for online access, subject to the procedure and safeguards prescribed under Section 69B(3) IT Act.
- For the offence under Section 69B(4) IT Act, the entity failing to comply is an intermediary.
- The intermediary contravenes the requirements of Section 69B(2) IT Act intentionally or knowingly.
Punishment Under Section 69B IT Act
Up to 1 year, under sub-section (4)
Up to ₹1 crore, instead of or with imprisonment
Section 77B IT Act does not cover an offence punishable with less than 3 years, so Part II of the First Schedule to the BNSS decides it: it is non-cognizable and bailable, and any Magistrate can try it. 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.
Under Section 69B(4) IT Act, an intermediary that intentionally or knowingly contravenes Section 69B(2) IT Act faces imprisonment for up to 1 year, a fine of up to ₹1 crore instead of imprisonment, or both. Under Part II of the First Schedule to the BNSS (since Section 77B IT Act does not cover offences punishable with less than 3 years), the offence is non-cognizable, bailable, and triable by any Magistrate. Under Section 77A IT Act, the court can compound the offence, except where the accused is liable to enhanced punishment from 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.
Example of Section 69B IT Act
When Section 69B IT Act Does Not Apply
- Under Section 69B(4) IT Act, criminal liability arises only where an intermediary contravenes Section 69B(2) IT Act intentionally or knowingly; a failure without intent or knowledge lacks this required mental element.
- The obligation to extend facilities and technical assistance under Section 69B(2) IT Act arises only when called upon by a government agency authorised by notification in the Official Gazette under Section 69B(1) IT Act.
FAQs on Section 69B IT Act
What is Section 69B IT Act?▼
Section 69B IT Act empowers the Central Government, by notification in the Official Gazette, to authorise any government agency to monitor and collect traffic data or information in any computer resource to enhance cyber security and counter intrusion or computer contaminants. Under Section 69B(4) IT Act, an intermediary that intentionally or knowingly fails to provide the required technical assistance and online access faces up to 1 year imprisonment, a fine up to ₹1 crore instead of imprisonment, or both.
What does 'traffic data' mean under Section 69B IT Act?▼
Any data identifying or purporting to identify a person, computer system, computer network, or location to or from which a communication is or may be transmitted. Under Explanation (ii) to Section 69B IT Act, it includes the communication's origin, destination, route, time, data, size, duration, type of underlying service, and any other information.
Does accidental failure to assist attract punishment under Section 69B(4) IT Act?▼
No. Section 69B(4) IT Act punishes an intermediary only when the intermediary intentionally or knowingly contravenes Section 69B(2) IT Act.
Is an offence under Section 69B(4) IT Act bailable?▼
Yes. Because the maximum imprisonment is up to 1 year, Part II of the First Schedule to the BNSS makes the offence bailable and non-cognizable (so the police cannot arrest without a warrant), and any Magistrate can try it.
Can an offence under Section 69B(4) IT Act be compounded?▼
Yes. Under Section 77A IT Act, a court may compound the offence because the maximum prison term does not exceed 3 years. Compounding is barred, however, if the accused faces enhanced punishment due to a previous conviction, or if the offence affects the country's socio-economic conditions or was committed against a woman or a child below 18 years.
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Sources: Bare Act Text, Information Technology Act, 2000 ·