Under the Information Technology Act, 2000, the terms Computer, Computer System and Computer Network are defined under Section 2 and form the basic foundation of cyber law in India.
1. Computer – Section 2(1)(i)
- A Computer means any electronic, magnetic, optical or high-speed data processing device or system which performs logical, arithmetic and memory functions and includes all input, output, processing, storage and communication facilities connected with it.
- Examples: Desktop, laptop, server, ATM machine, smartphone.
2. Computer System – Section 2(1)(l)
- A Computer System means a device or collection of devices, including input-output support devices, which contain computer programs and perform data processing functions.
- Examples: ATM system, railway reservation system, personal computer setup.
3. Computer Network – Section 2(1)(j)
- A Computer Network means the interconnection of one or more computers through satellite, wireless, wire or other communication media.
- Examples: Internet, Wi-Fi, office LAN, cloud network.
The Information Technology Act, 2000, provides a comprehensive legal framework to prevent cyber fraud and online crimes in India. The Act grants legal recognition to electronic transactions and prescribes punishments for cyber offences.
Major Provisions
1. Section 43 — Unauthorised Access and Data Damage
- Provides compensation when a person:
- accesses a computer without permission,
- introduces viruses,
- damages or disrupts data or networks.
2. Section 65 — Tampering with Computer Source Documents
- Intentional destruction or alteration of source code is punishable with:
- imprisonment up to 3 years,
- fine up to ₹2 lakh.
3. Section 66 — Computer Related Offences
- Hacking, data theft, spreading malware, and similar offences are punishable with:
- imprisonment up to 3 years,
- fine up to ₹5 lakh.
4. Section 66C — Identity Theft
- Fraudulent use of another person’s:
- Password,
- OTP,
- digital signature,
- Aadhaar details
- is punishable under this section.
5. Section 66D — Cheating by Personation
- Online fraud by pretending to be:
- bank officials,
- government officers,
- other individuals
- is punishable with:
- imprisonment up to 3 years,
- fine up to ₹1 lakh.
6. Section 66E — Violation of Privacy
- Capturing or sharing private images of a person without consent is a punishable offence.
7. Section 66F — Cyber Terrorism
- Cyber attacks on national security, banking systems, or critical information infrastructure may lead to life imprisonment.
8. Sections 67, 67A, 67B
- These sections punish publication or transmission of:
- obscene material,
- sexually explicit content,
- child sexual abuse material online.
9. Sections 72 and 72A — Protection of Privacy
- Unauthorised disclosure of confidential personal information or data is punishable.
10. Section 75 — Extra-Territorial Jurisdiction
- The Act also applies to offences committed outside India if Indian computer systems or networks are affected.
Cyber Terrorism is defined under Section 66F of the Information Technology Act, 2000. It is the gravest cyber offence under the Act.
Section 66F punishes any person who, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people, uses a computer resource and does the following:
Part (A):
- Denies or causes denial of access to a computer resource to an authorised person, or
- Attempts to penetrate or access a computer resource without authorisation, or
- Introduces or causes to introduce any computer contaminant (virus, malware etc.)
AND by such act causes or is likely to cause:
- Death or injury to persons, or
- Damage or destruction of property, or
- Disruption of supplies or services essential to the community, or
- Adverse effect on Critical Information Infrastructure.
Part (B):
- Knowingly or intentionally penetrates a computer resource without authorisation and obtains restricted information related to the security of the State, foreign relations, sovereignty etc., with reason to believe that such information may be used to harm India’s interests.
Punishment:
- Imprisonment for Life (most serious offence under the IT Act).
- The offence is non-bailable and non-compoundable.
