Table of Contents
Introduction – Understanding Cyber Crime
The rise of the internet and digital technologies has transformed India’s economic and social landscape. However, this growth has also led to the rise of cyber crime in India, where offenders exploit computers, smartphones, and networks to commit fraud, theft, and harassment.
Understanding these offences, their penalties, and available legal remedies is crucial for every citizen, business, and professional.
What is Cyber Crime? (Definition & Meaning)
Cyber crime refers to any unlawful act involving a computer, digital device, or network as a tool, target, or means to commit an offence.
In India, these crimes are primarily governed by the Information Technology Act, 2000 and relevant sections of the Indian Penal Code (IPC).
Simply put, cyber crime includes any act that violates digital privacy, manipulates electronic data, or causes harm through online means.
Types of Cyber Crime in India
Cyber crimes are diverse and constantly evolving. The most common types include:
1. Financial Fraud & Phishing
Criminals create fake websites, emails, or messages to deceive users into sharing banking details, OTPs, or UPI credentials.
Example: Online loan scams and phishing links promising cashback offers are frequent in Bihar and other states.
2. Identity Theft & Data Breach
When personal data like Aadhaar, PAN, or passwords are stolen to impersonate someone online, it constitutes identity theft.
Legal Reference: Section 66C of the IT Act penalizes identity theft with imprisonment up to 3 years and a fine up to ₹1 lakh.
3. Cyberbullying & Online Harassment
This includes spreading defamatory content, threats, or obscene messages on social media.
Relevant Laws: Section 67 of the IT Act and Section 500 of IPC (Defamation).
4. Hacking and Unauthorized Access
Unauthorized access or alteration of data stored in computers or servers falls under Section 43 and Section 66 of the IT Act.
5. Cyber Terrorism
Cyber terrorism involves using digital tools to threaten national security or cause panic among citizens.
Punishable under Section 66F of the IT Act with imprisonment for life.
Major Cyber Laws Governing Cyber Crimes in India
Information Technology Act, 2000
The IT Act, 2000, is India’s principal legislation addressing cyber offences. It covers:
- Electronic records and digital signatures (Sections 3–10A)
- Cyber contraventions and penalties (Sections 43–47)
- Criminal offences such as hacking, identity theft, and data misuse (Sections 65–74)
Key Provisions:
- Section 43: Damage to computer systems
- Section 66: Hacking and data manipulation
- Section 66C: Identity theft
- Section 66D: Cheating by personation using computer resources
- Section 67: Publishing obscene material online
Indian Penal Code (IPC) Provisions
The IPC supplements the IT Act in certain offences, such as:
- Section 420: Cheating and dishonestly inducing delivery of property
- Section 500: Defamation (including online defamation)
Together, these laws ensure comprehensive coverage against both technical and traditional aspects of online crimes.
Penalties and Punishments for Cyber Crimes
| Type of Offence | Relevant Section | Punishment |
|---|---|---|
| Hacking & Unauthorized Access | Sec. 66 IT Act | Up to 3 years imprisonment / ₹5 lakh fine |
| Identity Theft | Sec. 66C IT Act | Up to 3 years imprisonment / ₹1 lakh fine |
| Cyber Fraud / Phishing | Sec. 66D IT Act | Up to 3 years imprisonment / ₹1 lakh fine |
| Publishing Obscene Content | Sec. 67 IT Act | Up to 5 years imprisonment / ₹10 lakh fine |
| Cyber Terrorism | Sec. 66F IT Act | Imprisonment for life |
| Cheating / Fraud | Sec. 420 IPC | Up to 7 years imprisonment / fine |
Legal Remedies & How to Report Cyber Crime
Victims of cyber offences can pursue legal remedies both online and offline.
1. Online Reporting through National Cyber Crime Portal
- Visit cybercrime.gov.in
- Click “Report Other Cyber Crimes” or “Report Women/Child Related Crimes”
- Fill in details, attach evidence (screenshots, transaction proof), and submit
Complaints are auto-forwarded to the respective State Cyber Police.
2. Filing an FIR with Cyber Police Station
In Bihar, citizens can approach the State Cyber Crime Police Station (Patna) to file an FIR under IT Act provisions.
The FIR must mention relevant sections (e.g., Section 66D for online scams) and supporting evidence.
If the local police refuse to register an FIR, the complainant can approach a Judicial Magistrate under Section 156(3) CrPC.
Landmark Case Laws on Cyber Crimes in India
- Shreya Singhal v. Union of India (2015)
The Supreme Court struck down Section 66A of the IT Act for violating freedom of speech under Article 19(1)(a). - State of Tamil Nadu v. Suhas Katti (2004)
India’s first cybercrime conviction for online defamation and obscene posting under Section 67 of the IT Act.
Case Study – Online Loan Scam in Patna
A resident of Patna received a fake loan offer through a mobile app demanding “processing fees.”
After paying, the app disappeared, and personal data was leaked online.
The victim lodged a complaint at cybercrime.gov.in.
Authorities traced the IP address, registered an FIR under Section 66D of the IT Act, and prosecuted the offenders, highlighting the importance of prompt reporting.
Preventive Measures & Public Awareness
- Use strong, unique passwords and enable two-factor authentication.
- Avoid clicking unknown links or downloading attachments.
- Keep antivirus and firewalls updated.
- Never share OTPs or banking credentials.
- Regularly monitor financial transactions and report anomalies.
Awareness and vigilance are the first line of defence against cyber threats.
Conclusion
Cyber crime in India is a growing challenge requiring legal, technical, and social vigilance.
With laws like the Information Technology Act, 2000, and robust reporting systems, victims now have effective legal recourse.
Staying informed, acting swiftly, and seeking legal help are vital to protect digital rights.
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Frequently Asked Questions
1. What is cyber crime in India?
Cyber crime refers to illegal activities using computers, networks, or digital devices, punishable under the IT Act, 2000.
2. What are common types of cyber crimes?
Phishing, hacking, identity theft, cyberbullying, and online financial fraud.
3. Which law governs cyber crimes in India?
The Information Technology Act, 2000, along with relevant sections of the Indian Penal Code.
4. What is the punishment for hacking in India?
Under Section 66 of the IT Act, imprisonment up to 3 years and/or a fine up to ₹5 lakh.
5. How can I report a cyber crime?
You can file a complaint online at cybercrime.gov.in or at your nearest cyber police station.
6. Is cyber defamation a punishable offence?
Yes, it’s covered under Section 499/500 of the IPC and Section 66A (before it was struck down) of the IT Act.
7. Can a victim from Bihar file a cyber crime complaint online?
Yes, Bihar residents can register complaints via the national portal or visit the State Cyber Police Station.
8. Are minors liable for cyber crimes?
Yes, but proceedings are governed by the Juvenile Justice Act depending on the offence severity.
9. What steps can prevent cyber crimes?
Use strong passwords, enable 2FA, avoid suspicious links, and update antivirus regularly.
10. Can cyber crimes be tried in regular courts?
Yes, they are tried under regular judicial processes as per IT Act and IPC provisions.
Author
Advocate Tabish Ahmad (B.A. LL.B., LL.M., Diploma in Cyber Law – GLC Mumbai) is a Certified Cyber Law Practitioner and practising Advocate at the Patna High Court. He specializes in Cyber Crime, GST Litigation, and Tax Appeals, with extensive experience in representing clients before judicial and quasi-judicial forums.
He serves as President of the Cyber Lawyers Association and is a Member of the Advocates’ Association, Patna High Court. As a Mentor at the Indian Tax Academy and JurisCrack, he guides young lawyers and students in cyber and tax law practice.
Author of several books on Cyber Crimes, Taxation, and GST, Advocate Tabish Ahmad is recognized for his practical insights on digital law, data privacy, and cyber fraud defence.
Legal.Bihar.in
Category: Cyber Crime
Last Updated: November 2, 2025
Disclaimer
This article is for informational and educational purposes only and does not constitute legal advice. Readers should consult a qualified advocate for case-specific guidance.
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