Section 84C IT Act: Punishment for attempt to commit offences
Information Technology Act, 2000
Section 84C IT Act at a Glance
Section 84C IT Act punishes attempting an IT Act offence where no separate attempt punishment exists. It carries imprisonment up to half of the longest term for that offence, the fine provided for it instead of imprisonment, or both.
Up to half of the longest term provided for the offence attempted, or the fine provided for it, or both
Section 84C IT Act Bare Act Text
84C. Punishment for attempt to commit offences.
Whoever attempts to commit an offence punishable by this Act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.
Amendments to this section
- Ins. by Act 10 of 2009, s. 45 (w.e.f. 27-10-2009).
Section 84C IT Act in Simple Words
Section 84C IT Act punishes attempts to commit offences under the Information Technology Act, 2000. It covers anyone who attempts to commit an offence punishable under the IT Act (or causes such an offence to be committed in such an attempt) and, in that attempt, does any act towards the commission of the offence. Section 84C IT Act applies only where no express provision is made for the punishment of that attempt.
Where Section 84C IT Act applies, the person may be punished with imprisonment of any description provided for the main offence for a term up to half of the longest term of imprisonment provided for that offence, or with the fine provided for that offence instead of imprisonment, or with both.
The procedural class of an attempt under Section 84C IT Act depends on the offence attempted, because Section 77B IT Act and Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) classify offences by their punishment. Under Section 77B IT Act, an offence punishable with imprisonment of 3 years and above is cognizable (so police can register an FIR and arrest without a warrant), and one punishable with imprisonment of 3 years is bailable (so the accused can claim bail as of right), while compounding of eligible offences is governed by Section 77A IT Act.
Section 45 of Act 10 of 2009 inserted Section 84C IT Act with effect from 27 October 2009.
Ingredients of Section 84C IT Act
- A person attempts to commit an offence punishable under the IT Act (or causes such an offence to be committed in that attempt).
- In that attempt, the person does an act towards the commission of the offence.
- No express provision is made for the punishment of that attempt.
Punishment Under Section 84C IT Act
Up to half of the longest term provided for the offence attempted, or the fine provided for it, or both
Fine instead of or with imprisonment
The class depends on the offence attempted, because Section 77B IT Act and Part II of the First Schedule to the BNSS go by the punishment.
An attempt punishable under Section 84C IT Act carries imprisonment (of any description provided for the offence attempted) up to half of the longest term provided for that offence, or the fine provided for that offence instead of imprisonment, or both. Whether the attempt is cognizable (police may register an FIR and arrest without a warrant) or bailable depends on the offence attempted, because Section 77B IT Act and Part II of the First Schedule to the BNSS classify offences according to the punishment.
Example of Section 84C IT Act
When Section 84C IT Act Does Not Apply
- An express provision is already made for the punishment of that attempt.
- No act is done towards the commission of the offence in the attempt.
FAQs on Section 84C IT Act
What is Section 84C IT Act?▼
Section 84C IT Act punishes anyone who attempts to commit an offence under the Information Technology Act, 2000 and does an act towards committing it, where no express punishment for that attempt is provided elsewhere. It prescribes imprisonment up to half of the longest term provided for the offence attempted, the fine provided for that offence instead of imprisonment, or both.
What is the maximum punishment under Section 84C IT Act?▼
Up to half of the longest imprisonment term provided for the offence attempted, the fine provided for that offence instead of imprisonment, or both. Any imprisonment imposed is of the description provided for the main offence.
Is mere preparation without an act towards the offence punishable under Section 84C IT Act?▼
No. Section 84C IT Act requires that, in the attempt, the person does an act towards the commission of the offence.
How are bail and cognizability decided for an attempt under Section 84C IT Act?▼
By the punishment resulting from the offence attempted. Classification under Section 84C IT Act depends on the offence attempted because Section 77B IT Act and Part II of the First Schedule to the BNSS classify offences by their punishment.
Have questions about Section 84C IT Act?
Ask NyayGuru about your situation and get an answer based on the Information Technology Act, 2000.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Information Technology Act, 2000 ·