What Is The Punishment For A Cybercrime Complaint?

Written by:

Adv Tanvi Malik

Updated: 06-03-2024

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Cybercrime penalties are legal punishments imposed by Indian laws upon filing a cybercrime complaint to prevent various cybercrimes. These penalties are imposed to warn cybercriminals, punish them, and protect people from online threats and scams. To stop the growing threat, report a cybercrime or make a cyber complaint because Indian laws impose strict fines for cybercrime. However, valuable versions and law enforcement remain a challenge. To prevent the majority of cyber-attacks, citizens and businesses must have a better understanding of cyber security best practices.

Punishment for cybercrime

To fight the surge in cybercrime crimes, special penalties are enforced under the India Penal Code (1860) and the Information Technology Act (2000). The advantages of cyber law include that it can be curbed by imposing penalties upon the wrongdoer. Sections below identify the punishments imposed on individuals who commit cybercrime:

Under The Indian Penal Code

Section 292: This Section addresses the sale of obscene materials in the form of a book, paper, drawings, writing, pamphlets, paintings, and so on, as well as sexually explicit acts that cause environmental damage. Individuals or groups who commit such an offense face imprisonment and a fine. On a first conviction, the punishment is two years in prison and a Rs. 2000 fine, while on a second or subsequent conviction, the punishment is up to five years in prison and a Rs. 5,000 fine.
Section 354C: It addresses the crime of voyeurism, in which a person watches, captures, or publicizes the image of a woman engaged in a private act without her consent. According to the provisions of this Section of the IPC, such an offender or criminal is punished with imprisonment for one to three years and three to seven years for first-time and second-time offenders, respectively.
Section 354D: This section addresses stalking, both physical and cyberstalking. According to this Section, an offender will face imprisonment for up to three years for the first offense and five years for the second.
Section 379: If a person commits theft, whether electronically or physically, he or she will be punished under the terms of this Section. According to the legislation, whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, a fine, or both.
Section 411: If a person receives stolen property, such as a computer, mobile phone, or data, he or she will face a three-year sentence, a fine, or both.
Section 419: This section addresses cyber frauds, such as email phishing and password theft, which involves impersonating and collecting data for personal benefit. According to the provisions of it, Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 420: It also deals with fraud cases, particularly 'cheating and dishonestly inducing delivery of property’ The punishment is imprisonment of either description for a term which may extend to seven years, as well as a fine.
Section 465 of the IPC deals with the punishment for forgery, email spoofing, and the preparation of false documents, among other things. It states that anyone who commits forgery is imprisoned for up to two years or fined, or both.
Section 468: This section addresses the forgery of documents or electronic records to commit other serious crimes, such as cheating. According to the provisions of it, anyone who commits such a crime faces imprisonment for up to seven years and a fine. It is not a bailable offense.

Under the Information Technology Act

Section 65 of the Information Technology Act makes 'tampering with computer source documents' a punishable offense. It states that Whoever knowingly or intentionally conceals, destroys, or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer program, computer system, or computer network when the computer source code is required to be kept or maintained by law for the time being in force, shall be punished with imprisonment up to three years, or with a fine which may extend up to two lakh rupees, or with both.
Section 66 (A-F): This section deals with punishments for computer-related offenses such as sending offensive messages, receiving stolen computer resources, identity theft, cheating by impersonation, violating privacy, and cyber-terrorism. Penalties can range from three years in prison to a fine of up to five lakhs, or both.
Section 67 (A-B): This section of the Information Technology Act addresses the penalties for publishing or transmitting obscene material containing sexually explicit acts, etc., in electronic format. The first conviction carries a three-year prison sentence and a fine of up to five lakh rupees. The second conviction carries a five-year prison sentence and a fine of up to ten lakh rupees.

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