Section 77 IT Act: Compensation, penalties or confiscation not to interfere with other punishment
Information Technology Act, 2000
Section 77 IT Act at a Glance
Section 77 IT Act states that awarding compensation, imposing a penalty, or ordering confiscation under the IT Act does not bar further action under other laws. Compensation, penalties, or punishments under any other law in force can still be imposed.
Section 77 IT Act Bare Act Text
77. Compensation, penalties or confiscation not to interfere with other punishment.
No compensation awarded, penalty imposed or confiscation made under this Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force.
Amendments to this section
- Subs. by s. 38, ibid., for section 77 (w.e.f. 27-10-2009).
Section 77 IT Act in Simple Words
Section 77 IT Act makes clear that civil or confiscation measures taken under the Information Technology Act, 2000 do not block liabilities under other laws in force at the time. Specifically, three outcomes under the IT Act are covered: compensation awarded (such as compensation for unauthorised acts on a computer under Section 43 IT Act), a penalty imposed, or confiscation made (under Section 76 IT Act).
None of those three outcomes under the IT Act prevents a court or authority from awarding compensation, imposing any other penalty, or imposing punishment under any other law in force at the time. A wrongdoer cannot argue that paying compensation, paying a penalty, or losing equipment to confiscation under the IT Act closes proceedings under other applicable laws.
Section 77 IT Act creates no separate offence of its own. Section 38 of Act 10 of 2009 substituted the present Sections 77, 77A and 77B IT Act for the original Section 77 IT Act with effect from 27 October 2009.
When Section 77 IT Act Applies
- Compensation is awarded, a penalty is imposed, or confiscation is made under the IT Act.
- Another law in force at the time provides for compensation, another penalty, or punishment.
- The award, penalty, or confiscation under the IT Act does not prevent awarding compensation or imposing any other penalty or punishment under that other law.
Example of Section 77 IT Act
FAQs on Section 77 IT Act
What is Section 77 IT Act?▼
Section 77 IT Act provides that no compensation awarded, penalty imposed, or confiscation made under the Information Technology Act, 2000 prevents action under other laws in force. Compensation, another penalty, or punishment can still be ordered under any other law in force at the time.
Does paying compensation under the IT Act stop proceedings under another law?▼
No. Under Section 77 IT Act, compensation awarded under the IT Act, such as under Section 43 IT Act, does not prevent awarding compensation or imposing any other penalty or punishment under any other law in force.
Does confiscation of a computer under Section 76 IT Act bar action under other laws?▼
No. Section 77 IT Act states that confiscation made under the IT Act does not prevent compensation, another penalty, or punishment under any other law in force at the time.
Does Section 77 IT Act create a separate criminal offence?▼
No. Section 77 IT Act only preserves liability for compensation, penalties, and punishment under other laws in force despite compensation, penalties, or confiscation under the IT Act.
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Sources: Bare Act Text, Information Technology Act, 2000 ·