Advocate Sharda Ahuja

Section 67 of the Information Technology Act, 2000 Statutory Provision Whoever publishes or transmits or causes to be published or transmitted any material which is lascivious or appeals to prurient interest or tends to deprave and corrupt persons shall be punished. Punishment First conviction Imprisonment up to 3 years Fine up to ₹5 lakh Subsequent conviction Imprisonment up to 5 years Fine up to ₹10 lakh Punishment increases for repeat offenders. Essential Ingredients Publishing / Transmitting / Causing to transmit         + Electronic form         + Obscene material         + Lascivious or depraving effect Meaning of Key Terms Publish/Transmit Includes: WhatsApp Email Websites Social media Telegram OTT platforms Cloud sharing Even forwarding counts. Obscene Material Borrowed from IPC Section 292 test:  Material that: appeals to sexual interest is vulgar/lustful corrupts moral standards Examples ✔ Circulating pornographi...

Section 66F of the Information Technology Act, 2000, cyber law. This section deals with cyber terrorism, the gravest cyber offence. Statutory Provision A person commits cyber terrorism if he: Uses computer resources with intent to: threaten unity, integrity, security or sovereignty of India, or  strike terror in people  OR  Accesses protected systems and causes: death/injury destruction of property disruption of essential services damage to critical infrastructure theft of sensitive defence or security data Punishment Imprisonment for life (One of the most severe punishments under the IT Act) Ingredients of Offence Two routes: Route 1 – Terror Intent + Computer Use Computer resource use         + Intent to threaten national security OR create terror Route 2 – Attack on Critical Systems Unauthorized access to protected system         + Damage/disruption/stealing sensitive information         + Risk to national sec...

Section 66E of the Information Technology Act, 2000, cyber law: Statutory Provision (Essence) Whoever intentionally or knowingly captures, publishes or transmits the image of the private area of any person without consent, under circumstances violating privacy, shall be punished. Punishment Imprisonment up to 3 years, or  Fine up to ₹2 lakh, or  Both Essential Ingredients Intentional/knowing act         + Capturing / Publishing / Transmitting image         + Private area of a person         + Without consent         + Violation of privacy All elements must co-exist. Meaning of Key Terms Private Area (defined in IT Act) Includes: naked or undergarment-clad genitals, pubic area, buttocks, female breast  Capture   Video recording or photographing.  Publish/Transmit  Sharing via:  WhatsApp,  email,  social media,  MMS,  websites,  cloud Examples ✔ Taki...

Section 66D of the Information Technology Act, 2000, cyber law: Whoever, by means of any communication device or computer resource, cheats by personation shall be punished. Punishment Imprisonment up to 3 years, and Fine up to ₹1 lakh Ingredients of the Offence To prove Section 66D, prosecution must show: Use of computer resource/communication device         + Personation (pretending to be someone else)         + Cheating (dishonest inducement) All three must exist together. Meaning of Key Terms 1. Personation Pretending to be another person (real or fictitious). 2. Cheating As defined under IPC Section 415 / BNS cheating provisions: deception dishonest inducement wrongful gain or loss 3. Computer Resource Includes: mobile internet email social media websites digital platforms Common Examples ✔ Online banking fraud ✔ Fake customer care calls ✔ OTP scams ✔ Fake job offers ✔ Fake social media profiles asking money ✔ Phishing emails Example: Pretendi...

Whoever fraudulently or dishonestly makes use of: electronic signature, password any other unique identification feature of any other person shall be punished. Punishment Imprisonment up to 3 years, and Fine up to ₹1 lakh Essential Ingredients Use of another person’s electronic identity         + Fraudulent or dishonest intention         + Without authorisation Mere access is not enough mens rea is compulsory. What Counts as Identity Theft? Using someone’s: email ID / password OTP digital signature Aadhaar-linked credentials social media account banking login details With intent to cheat, impersonate, or cause wrongful loss. Cyber law Link with Criminal Law Section 66C Identity theft  — IPC 419 / BNS Section 318 — Forgery & fraud provisions Identity Theft = Taking the ID Impersonation = Becoming the person Case Law R. v. Anil Kumar Neotia (illustrative cyber fraud cases) Courts have held that unauthorised use of digital credentials with i...

Dishonestly Receiving Stolen Computer Resource or Communication Device I. INTRODUCTION The digital age has transformed property, crime, and criminal liability, necessitating special laws to deal with cyber offences. Section 66B of the Information Technology Act, 2000, introduced by the IT (Amendment) Act, 2008, criminalises the act of dishonestly receiving or retaining stolen computer resources or communication devices. This provision reflects the legislative intent to address secondary cybercrime, where offenders benefit from stolen electronic devices even without committing the primary theft. Section 66B is the cyber equivalent of the offence of receiving stolen property under the general criminal law, now codified in Section 317 of the Bharatiya Nyaya Sanhita, 2023 (BNS). II . STATUTORY PROVISION: SECTION 66B IT ACT Whoever  dishonestly receives or retains any stolen computer resource or communication device, knowing or having reason to believe the same to be stolen, shall be pu...