What is the IT Act 2000 — India's primary cybercrime law?
The Information Technology Act 2000 (Act No. 21 of 2000), notified on 17 October 2000, is India's primary law governing cybercrime and electronic commerce. Before the IT Act, India had no legal framework to prosecute hackers, protect digital data, or validate online contracts — traditional laws were entirely inadequate for the digital world.
The IT Act has two broad functions. First, it gives legal recognition to electronic records and digital signatures — making online contracts, e-governance transactions, and digital documents legally valid. Second, it defines and penalises cyber offences — from hacking and identity theft to cyber terrorism and child sexual abuse material.
The Act has been significantly amended — most importantly in 2008, which added new sections covering identity theft, cheating by impersonation, privacy violations, and cyber terrorism. The Act applies to offences committed anywhere in the world if a computer system or network located in India is involved.
Section 66A, which punished sending "offensive or menacing" electronic messages and was widely misused to arrest people for social media posts, was struck down as unconstitutional by the Supreme Court in Shreya Singhal v. Union of India (2015). It violates freedom of speech under Article 19(1)(a). Despite being struck down, police in some states continued to use it — the Supreme Court has since reaffirmed that it is completely void and cannot be applied. If police attempt to book you under Section 66A, challenge it immediately through a lawyer.
IT Act 2000 key sections and penalties — complete reference table
| Section | Offence | Punishment |
|---|---|---|
| Section 65 | Tampering with computer source documents — knowingly concealing, destroying, or altering source code that is legally required to be maintained | Up to 3 years imprisonment or fine up to ₹2 lakh or both |
| Section 66 | Hacking — unauthorised access to or destruction, deletion, or alteration of information in a computer resource with dishonest or fraudulent intent | Up to 3 years imprisonment, fine up to ₹5 lakh, or both |
| Section 66B | Receiving stolen computer resources — dishonestly receiving or retaining any stolen computer resource or communication device | Up to 3 years imprisonment, fine up to ₹1 lakh, or both |
| Section 66C | Identity theft — fraudulently using another person's electronic signature, password, or unique identification feature | Up to 3 years imprisonment and fine up to ₹1 lakh |
| Section 66D | Cheating by personation using a computer — impersonating another person through a fake profile, email, or website to cheat or defraud | Up to 3 years imprisonment and fine up to ₹1 lakh |
| Section 66E | Violation of privacy — capturing, publishing, or transmitting images of the private area of a person without consent (video voyeurism, non-consensual intimate images) | Up to 3 years imprisonment or fine up to ₹2 lakh or both |
| Section 66F | Cyber terrorism — acts threatening the unity, integrity, security, or sovereignty of India through unauthorised access to critical infrastructure or computer networks | Life imprisonment |
| Section 67 | Publishing or transmitting obscene material in electronic form | First offence: up to 3 years and fine up to ₹5 lakh. Repeat: up to 5 years and fine up to ₹10 lakh |
| Section 67A | Publishing or transmitting material containing sexually explicit acts in electronic form | First offence: up to 5 years and fine up to ₹10 lakh. Repeat: up to 7 years and fine up to ₹10 lakh |
| Section 67B | Child sexual abuse material (CSAM) — publishing, transmitting, or browsing material depicting children in sexually explicit form | First offence: up to 5 years and fine up to ₹10 lakh. Repeat: up to 7 years and fine up to ₹10 lakh |
| Section 69A | Government power to block websites — power to direct intermediaries to block public access to any online content for national security, public order etc. | Intermediary non-compliance: up to 7 years imprisonment and fine |
| Section 72 | Breach of confidentiality and privacy — disclosure of electronic records in breach of the lawful contract of an authorised person | Up to 2 years imprisonment or fine up to ₹1 lakh or both |
| Section 72A | Disclosure of information in breach of lawful contract — service providers disclosing personal information in breach of contract with intent to cause wrongful gain or loss | Up to 3 years imprisonment or fine up to ₹5 lakh or both |
| Section 66A | Struck down by Supreme Court in 2015 — no longer in force | Cannot be applied — challenge immediately through a lawyer if cited |
How to report cybercrime in India — step by step
For online financial fraud — UPI scam, phishing, OTP theft, fake investment scheme — recovery chances are approximately 60% if reported within the first hour, and drop to under 15% after 24 hours. The 1930 helpline escalates to banks to freeze destination accounts in real time. Every minute counts.
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UPI fraud, phishing, and online payment scams
The largest category of cybercrime in India — accounting for about 35% of all cases — involves fake UPI requests, QR code scams, OTP theft, fake customer care numbers, and fraudulent payment links. These are prosecuted under Section 66D of the IT Act (cheating by personation), Section 66C (identity theft), and Section 316 of the BNS 2023 (cheating). Call 1930 and your bank immediately for any payment fraud — frozen accounts can be recovered if acted upon quickly.
Digital arrest scams — the new mass fraud in India
Fraudsters call victims on WhatsApp or regular phone posing as CBI officers, customs officials, narcotics agents, or police and claim the victim is under "digital arrest" for supposed money laundering, drug trafficking, or other serious offences. They demand money to "settle" the case and instruct the victim to stay on a video call for hours or days. There is no such thing as a digital arrest in Indian law. No legitimate law enforcement agency conducts arrests or interrogations over phone or video call. Disconnect immediately, do not pay, and report to 1930.
Hacking and unauthorised account access
If your email, social media account, bank account, or any online profile has been accessed without your permission — this is an offence under Section 66 of the IT Act (hacking). File a complaint on cybercrime.gov.in and an FIR immediately. Also report to the platform itself (Gmail, Instagram, etc.) to initiate account recovery. Preserve login activity logs, notifications of suspicious logins, and any communications from the hacker as evidence.
Non-consensual intimate image (NCII) and video voyeurism
Capturing, publishing, or transmitting private images or videos of a person without their consent — whether through hidden cameras, screenshots from private chats, or deepfakes — is a criminal offence under Section 66E of the IT Act with up to 3 years imprisonment. Sending, sharing, or threatening to share such material is also covered by Section 67 and 67A. Report to cybercrime.gov.in and take a screenshot of the content as evidence before reporting it to the platform for takedown.
Cyberstalking and online harassment
Persistent, repeated electronic communication designed to cause alarm, distress, or harassment is covered by Section 354D of the former IPC (now BNS Section 77) and Section 66A was previously used (now struck down). For cyberstalking against women, report to cybercrime.gov.in — the portal has a dedicated section for crimes against women. Preserve all messages, comments, emails, and posts. You can report anonymously to protect your identity.
Investment scams and fake trading platforms
Investment scams accounted for ₹17,400 crore of cybercrime losses in 2024 — the single largest category. These involve fake stock trading apps, fraudulent crypto platforms, Ponzi schemes promising 10-15% monthly returns, and fake mutual fund advisors. Prosecuted under Section 66D of the IT Act and Section 316 of the BNS 2023. File on cybercrime.gov.in, report to SEBI (for securities fraud), and file an FIR. The I4C coordinates with banks and payment gateways to freeze fraudulent accounts.
IT Act 2000 — intermediaries, data protection, and what's changing
What are safe harbour protections for intermediaries under the IT Act?
Section 79 of the IT Act provides "safe harbour" protection to intermediaries — platforms like Google, Meta, WhatsApp, and Twitter/X — from liability for third-party content, provided they act as mere conduits, do not initiate or modify content, and comply with government takedown notices. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (IT Rules 2021) significantly expanded obligations on large platforms — requiring grievance officers, content takedown timelines, and traceability of messaging content for large social media platforms.
What is the Digital Personal Data Protection Act 2023 — and how does it relate to the IT Act?
The Digital Personal Data Protection Act 2023 (DPDPA) is India's first comprehensive data protection law, passed in August 2023. It establishes a Data Protection Board, requires organisations to obtain explicit consent before processing personal data, and mandates breach notification to individuals and the board. The DPDPA is expected to eventually supersede or substantially replace the data privacy provisions of the IT Act — particularly Section 43A (compensation for data breach) and the IT (Reasonable Security Practices) Rules 2011. As of 2025, the DPDPA is largely yet to come into force pending subordinate rules and the establishment of the Data Protection Board.
What is CERT-In and how does it help cybercrime victims?
The Indian Computer Emergency Response Team (CERT-In) is the national nodal agency for cybersecurity, established under Section 70B of the IT Act. CERT-In handles cybersecurity incidents, issues advisories on vulnerabilities, coordinates with government and private sector on incident response, and maintains the national cybercrime response framework. For individuals, CERT-In is not the first point of contact — use 1930 and cybercrime.gov.in. CERT-In's role is primarily in protecting critical infrastructure, issuing public advisories, and working with I4C (Indian Cyber Crime Coordination Centre) to combat cybercrime at a systemic level.
Cybercrime India — questions people actually ask
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