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      Section 61 Civil court not to have jurisdiction (Amended vide ITAA 2008)


      No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or the Cyber Appellate Tribunal constituted under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.


      Provided that the court may exercise jurisdiction in cases where the claim for injury or damage suffered by any person exceeds the maximum amount which can be awarded under this Chapter. (Inserted vide ITAA 2006)

      Type of IT Offences mentioned in IT Act 2000:

      XI. OFFENCES

      65 Tampering with Computer Source Documents
      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 programme, 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 punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
      Explanation - For the purposes of this section, "Computer Source Code" means the listing of programmes, Computer Commands, Design and layout and programme analysis of computer resource in any form.

      66 Computer Related Offences (Substituted vide ITAA 2008)
      If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both.
      Explanation: For the purpose of this section,-
      a) the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code;
      b) the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code.

      66 A Punishment for sending offensive messages through communication service, etc.
      ( Introduced vide ITAA 2008)
      Any person who sends, by means of a computer resource or a communication device,-
      a) any information that is grossly offensive or has menacing character; or
      b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,
      c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008)
      shall be punishable with imprisonment for a term which may extend to two three years and with fine.
      Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

      66 B Punishment for dishonestly receiving stolen computer resource or communication device (Inserted Vide ITA 2008)
      Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.

      66C Punishment for identity theft. (Inserted Vide ITA 2008)
      Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

      66D Punishment for cheating by personation by using computer resource
      (Inserted Vide ITA 2008)
      Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

      66E. Punishment for violation of privacy. (Inserted Vide ITA 2008)

      Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both
      Explanation.- For the purposes of this section—
      (a) ―transmit‖ means to electronically send a visual image with the intent that it be viewed by a person or persons;
      (b) ―capture‖, with respect to an image, means to videotape, photograph, film or record by any means;
      (c) ―private area‖ means the naked or undergarment clad genitals, pubic area, buttocks or female breast;
      (d) ―publishes‖ means reproduction in the printed or electronic form and making it available for public;
      (e) ―under circumstances violating privacy‖ means circumstances in which a person can have a reasonable expectation that—
      (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
      (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

      66F. Punishment for cyber terrorism

      (1) Whoever,-
      (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by –
      (i) denying or cause the denial of access to any person authorized to access computer resource; or
      (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorized access; or
      (iii) introducing or causing to introduce any Computer Contaminant.
      and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70, or
      (B) knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly
      relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.
      (2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.

      67 Punishment for publishing or transmitting obscene material in electronic form (Amended vide ITAA 2008)

      Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

      67 A Punishment for publishing or transmitting of material containing sexually explicit act,etc. in electronic form (Inserted vide ITAA 2008)

      Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
      Exception: This section and section 67 does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-
      (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science,literature,art,or learning or other objects of general concern; or
      (ii) which is kept or used bona fide for religious purposes.

      67 B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.

      Whoever,-
      (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or
      (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or
      (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or
      (d) facilitates abusing children online or
      (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:
      Provided that the provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-
      (i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or
      (ii) which is kept or used for bonafide heritage or religious purposes
      Explanation: For the purposes of this section, "children" means a person who has not completed the age of 18 years.

      67 C Preservation and Retention of information by intermediaries:

      (1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.
      (2) Any intermediary who intentionally or knowingly contravenes the provisions of sub section (1) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.
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