Section 71 IT Act: Penalty for misrepresentation
Information Technology Act, 2000
Section 71 IT Act at a Glance
Section 71 IT Act punishes misrepresenting or suppressing a material fact before the Controller or Certifying Authority to obtain a licence or electronic signature Certificate. Punishment is up to 2 years' imprisonment, up to ₹1 lakh fine instead of imprisonment, or both.
Up to 2 years
Section 71 IT Act Bare Act Text
71. Penalty for misrepresentation.
Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any licence or electronic signature Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
Amendments to this section
- Subs. by Act 10 of 2009, s. 2, for "digital signature" (w.e.f. 27-10-2009).
Section 71 IT Act in Simple Words
Section 71 IT Act creates a criminal offence for dishonesty when applying for a licence or an electronic signature Certificate under the Act. Although the heading of Section 71 IT Act uses the word 'Penalty', the provision prescribes imprisonment and a criminal fine.
Section 71 IT Act covers two kinds of conduct: making any misrepresentation, or suppressing (holding back) any material fact. The misrepresentation or suppression must be directed to the Controller or the Certifying Authority, and must be for the purpose of obtaining any licence or electronic signature Certificate, as the case may be.
Anyone committing this offence faces imprisonment for up to 2 years, a fine of up to ₹1 lakh instead of imprisonment, or both. Section 71 IT Act was amended by Act 10 of 2009 with effect from 27 October 2009.
Ingredients of Section 71 IT Act
- A person makes any misrepresentation or suppresses any material fact.
- The misrepresentation or suppression is made to the Controller or the Certifying Authority.
- The conduct is for obtaining a licence or an electronic signature Certificate, as the case may be.
Punishment Under Section 71 IT Act
Up to 2 years
Up to ₹1 lakh, 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.
Section 71 IT Act is punishable with imprisonment of up to 2 years, a fine of up to ₹1 lakh instead of imprisonment, or both. Because Section 77B IT Act applies only to offences punishable with imprisonment of 3 years and above, Part II of the First Schedule to the BNSS governs Section 71 IT Act: the offence is non-cognizable (the police cannot register an FIR or arrest without a court order), bailable (the accused can claim bail as of right), and triable by any Magistrate. Under Section 77A IT Act, a court can compound (settle) the offence, unless a previous conviction makes the accused liable to enhanced punishment, 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 71 IT Act
When Section 71 IT Act Does Not Apply
- No misrepresentation is made and no material fact is suppressed.
- The statement or omission is not made to the Controller or the Certifying Authority, or is not made for obtaining a licence or an electronic signature Certificate.
FAQs on Section 71 IT Act
What is Section 71 IT Act?▼
Section 71 IT Act makes it an offence to make any misrepresentation to, or suppress any material fact from, the Controller or the Certifying Authority for obtaining a licence or an electronic signature Certificate. The offence carries imprisonment of up to 2 years, a fine of up to ₹1 lakh instead of imprisonment, or both.
Is an offence under Section 71 IT Act bailable and cognizable?▼
Bailable and non-cognizable. Because the maximum imprisonment is 2 years (below the 3-year threshold in Section 77B IT Act), Part II of the First Schedule to the BNSS makes Section 71 IT Act non-cognizable and bailable, and any Magistrate can try it.
Does hiding a material fact without making a false statement still attract Section 71 IT Act?▼
Yes. Section 71 IT Act punishes both making any misrepresentation and suppressing any material fact from the Controller or the Certifying Authority for obtaining a licence or an electronic signature Certificate.
Can an offence under Section 71 IT Act be compounded?▼
Yes. Section 77A IT Act allows the court to compound the offence since the maximum imprisonment does not exceed 3 years, except where a previous conviction carries enhanced punishment or where the offence affects the socio economic conditions of the country or was committed against a child below 18 years or a woman.
Is jail compulsory upon conviction under Section 71 IT Act?▼
No. A Magistrate may impose imprisonment of up to 2 years, a fine of up to ₹1 lakh instead of imprisonment, or both.
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Sources: Bare Act Text, Information Technology Act, 2000 ·