Rule to determine Cognizability
As per section 77B, offences punishable with imprisonment of three years and above shall be Cognizable. (See table below)
Rule to determine Bailability
As per section 77B, the offences punishable with imprisonment of three years and below shall be Bailable. (See table below)
*Rule to determine Compoundability
As per section 77A, all offences for which imprisonment is less than 3 years can be compounded. Certain other conditions are also applicable.(See table below)
Section 77A Compounding of offences. – A court of competent jurisdiction may compound offences, other than offences for which the punishment for life or imprisonment for a term exceeding three years has been provided, under this Act:
Provided that the court shall not compound such offence where the accused is, by reason of his
previous conviction, liable to either enhanced punishment or to a punishment of a different kind:
Provided further that the court shall not compound any offence where such offence affects the socio
economic conditions of the country or has been committed against a child below the age of 18 years or a
woman.
Table of offences under the Information Technology Act 2000
Section | Punishment | Cognizable | Bailable | Compoundable* |
65. Tampering with computer source documents | imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both | Cognizable | Bailable | Non-Compoundable |
66. Computer related offences | imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both | Cognizable | Bailable | Non-Compoundable |
imprisonment for a term which may extend to three years and with fine | Cognizable | Bailable | Non-Compoundable | |
66B. Punishment for dishonestly receiving stolen computer resource or communication device | imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both | Cognizable | Bailable | Non-Compoundable |
66C. Punishment for identity theft | imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh | Cognizable | Bailable | Non-Compoundable |
66D. Punishment for cheating by personation by using computer resource | imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees | Cognizable | Bailable | Non-Compoundable |
66E. Punishment for violation of privacy | imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both | Cognizable | Bailable | Non-Compoundable |
66F. Punishment for cyber terrorism | imprisonment which may extend to imprisonment for life | Cognizable | Non-Bailable | Non-Compoundable |
67. Punishment for publishing or transmitting obscene material in electronic form | on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees | Cognizable | Bailable | Non-Compoundable |
67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc.,in electronic form | on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees | Cognizable | Non-Bailable | Non-Compoundable |
67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form | on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees | Cognizable | Non-Bailable | Non-Compoundable |
67C. Preservation and retention of information by intermediaries | imprisonment for a term which may extend to three years and also be liable to fine. | Cognizable | Bailable | Non-Compoundable |
68. Power of Controller to give directions | imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both. | Non-Cognizable | Bailable | Compoundable |
69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource | imprisonment for a term which may extend to seven years and shall also be liable to fine | Cognizable | Non-Bailable | Non-Compoundable |
69A. Power to issue directions for blocking for public access of any information through any computer resource | an imprisonment for a term which may extend to seven years and also be liable to fine | Cognizable | Non-Bailable | Non-Compoundable |
69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security | imprisonment for a term which any extend to three years and shall also be liable to fine | Cognizable | Bailable | Non-Compoundable |
70. Protected system | imprisonment of either description for a term which may extend to ten years and shall also be liable to fine | Cognizable | Non-Bailable | Non-Compoundable |
70B. Indian Computer Emergency Response Team to serve as national agency for incident response | imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both | Non-Cognizable | Bailable | Compoundable |
71. Penalty for misrepresentation | imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both | Non-Cognizable | Bailable | Compoundable |
72. Penalty for Breach of confidentiality and privacy. | imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both | Non-Cognizable | Bailable | Compoundable |
72A. Punishment for disclosure of information in breach of lawful contract | imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both | Cognizable | Bailable | Non-Compoundable |
73. Penalty for publishing electronic signature Certificate false in certain particulars | imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. | Non-Cognizable | Bailable | Compoundable |
74. Publication for fraudulent purpose | imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both | Non-Cognizable | Bailable | Compoundable |