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aditi   02 May 2021

Law

greetings

what are the cognizable offenses under cyber law?

 



Learning

 5 Replies

Dr J C Vashista (Advocate)     02 May 2021

Read and enlighten others.

Avoid posting academic questions as this site is meant to help needy litigants.

Trivendra Sharma (Practicing Lawyer 9918411669)     02 May 2021

Do search yourself, Forget spoon feeding here.

T. Kalaiselvan, Advocate (Advocate)     02 May 2021

All cybercrimes under the IPC are bailable except for the offences under section 420, 468, 378 and 409. Similarly, most offences under the IPC are cognizable, except sections 425, 426, 463, 465.

Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.

Generally, cognizable offence means an offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. 

Normally, serious offences are defined as cognizable and usually carry a sentence of 3 years or more.

 

Sankaranarayanan (Advocate)     03 May 2021

Yes agreed to experts point

Ishaan   03 May 2021

Section 77B of the IT Act,2000 provides that notwithstanding anything contained in the Code of Criminal Procedure, all offences punishable with imprisonment of term of 3 years or more under the IT Act shall be cognizable and all the offences which are punishable with imprisonment of 3 years or less shall be non-cognizable and bailable.
An offence under the IT Act is Non-Cognizable If punishable with imprisonment for a term that is less than 3 years or with fine only and can be tried by any Magistrate.
Offences under section 65 to 70 of the IT Act are mostly Cognizable. Most offences under the IPC are cognizable, except for section 425, Section 426, Section 463, and Section 465.
Section 77A of the IT Act,2000 provides that, conditional on certain exceptions, all offences under the IT Act for which the punishment is imprisonment for a term of 3 years or less, are compoundable. The provisions of Section 265B and Section 265C of the CrPC shall apply regarding such compounding.

The cyber-crimes under the IT Act which are punishable with imprisonment of a term more than 3 years are:
•    Section 67 of the IT Act which provides punishment for publishing or transmitting obscene material in electronic form under
•    As per Section 67A of the IT Act, publishing of certain material which contain s*xually explicit content, etc., in an electronic form.
•    Under the provisions of section 67B of the IT Act, publishing or transmitting of such material which depicts children in s*xually explicit actions, etc., in electronic form.
•    Offences under section 66F of the IT Act - cyber terrorism.
 


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