Liability of hacker under ITA 2000:
N.K.Assumi
(Querist) 14 September 2008
This query is : Resolved
Can hacker be liable under information and technology act 2000 both under section 43 with damages of one crore and under section 66 with 3 years imprisonment with rupees two lakh fine?
Adv.Shine Thomas
(Expert) 14 September 2008
There is a specific provision for hacking under this Act so the hacker shall be punished under that section ie,sec.66.
N.K.Assumi
(Querist) 15 September 2008
OK, if you think so. But what does the section 43 says?
Adv.Shine Thomas
(Expert) 20 September 2008
In BPO Data Theft Case the offence is recognized under sec.66 & sec.43 of IT Act2000.Data theft is come under sec.66 of ITA 2000.Some of the persons who have assisted others in the commission of the Crime is also liable u/s 43 of ITA 2000.The offence is committed with the use of "electronic documents"can be cosidered as a crime with the use of a "written documents" and cheating,cospiracy,braech of trust etc,therefor corresponding IPC sections are also applicable.Accordingly the person involved are liable for imprisonment and fine as well as a liability to pay damage to the victims to the maximum extent of Rs. one crore per victim for which the adjudication process can be invocked.Besides the provisions of Information Technology Act,there are other statutory provisions as contained in certain other Acts,are also relevent to IT Act.
