Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Swami Sadashiva Brahmendra Sar (Nil)     25 March 2010

password theft

Does  password theft fall under definition of theft under IPC? Or is this offence defined under IT Act?



Learning

 8 Replies

DISHA D. SHAH (lawyer)     25 March 2010

password theft is cover on information technology act 00 first  fie FIR

for more information about  click https://www.mttlr.org/voltwelve/shamah.pdf

Sanjeev Panda (Advocate)     25 March 2010

The aforesaid act is covered under Section 66 & 66C the Information Technology Act, 2000. It is specifically covered under Section 66C IT Act which makes specific provision for password theft.

Section 66C. P u n i s h m e n t for identity theft- 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 descripttion for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh

1 Like

Adv. Prashant Mali [MSc(CS),LL (CyberLaw IPR Consumer software piracy hacking data theft EOW financial crimes trade mark copyright IPR)     09 April 2010

Yes password being an intangible property of the owner also gets covered under IPC Theft also i would defer with Mr. Sanjeev panda on IT Act A 2008 Section66c because it is consequence of password theft and not for password theft...S(66)(c) talks about Identity Theft and not data/source code Theft.

section 43(a) & S (66) of IT A Act 2008 would be applicable

Section 43

If any person without permission of the owner or any other person who is in charge of a

computer, computer system or computer network -

(a) accesses or secures access to such computer, computer system or computer network or

computer resource

(b) downloads, copies or extracts any data, computer data base or information from such

66 Computer Related Offences

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.

 

Prashant Mali [BSc,MSc(Comp Sci),LLB]

President - Cyber Law Consulting

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     09 April 2010

Thank you  Prashant ji !

My Publishers have published a book on Cyber Laws in which it has been discussed that  IT Act does not provide sanction against possword theft and internet hour theft .

Adv. Prashant Mali [MSc(CS),LL (CyberLaw IPR Consumer software piracy hacking data theft EOW financial crimes trade mark copyright IPR)     09 April 2010

the problem is we have lawyers without or less computer knowledge , but this stands to improve with bundling of cases and case laws, any help from my side do email : cyberlawconsulting(attherate)gmail.com or call 9821763157

2 Like

Sanjeev Panda (Advocate)     10 April 2010

@ Prashant Mali :Dear Prashantji thank you for clarifying the correct legal position and when I have gone in depth of the wordings of relevant sections quoted by you, I found that you are absolutely correct. This is the very purpose of this forum, in this way we share and we gain from the wisdom, knowledge of each other. I agree with you on this point that the lawyers have no or very less computer knowledge which is a must to deal with cyber law cases, and I myself too have reiterated this fact in this forum many times.

@ Dr. V.N. Tripathi: Dear Sir, is the book on Cyber Laws referred by you is "Cyber Laws" by Justice Yatindra Singh by Universal Law Publishing Co.

On the issue of Internet time theft, in which the book you referred has discussed that it is not covered under IT Act, I would like to quote Section 43 (h) IT Act which goes as under:

"h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network,"

The aforesaid act is an act of cyber contravention and if the same is done with dishonest & fraudulent intention, the same would attract Section 66 IT Act which is a cyber offence.

Please enlighten me whether Section 43 (h) deals with internet time theft,

Swami Sadashiva Brahmendra Sar (Nil)     10 April 2010

Dear Sanjeev ji,

Book referred by me has been authored by Dr. Gupta and Agrawal Published by Premier Pub. Co.

Ganesha Nam (SE)     19 October 2013

Hi Sir,

what if Sec 43 and 66 are clubbed with 498a? How do we proceed in such cases?

Its a false accusation.

Please advise.


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