Which offences under the Information Technology Act 2000 are Cognizable, Bailable or Compoundable?

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

SectionPunishmentCognizableBailableCompoundable*
65. Tampering with computer source documentsimprisonment up to three years, or with fine which may extend up to two lakh rupees, or with bothCognizableBailableNon-Compoundable
66. Computer related offencesimprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with bothCognizableBailableNon-Compoundable
66A. Punishment for sending offensive messages through communication service, etc. (STRUCK DOWN BY SUPREME COURT)imprisonment for a term which may extend to three years and with fineCognizableBailableNon-Compoundable
66B. Punishment for dishonestly receiving stolen computer resource or communication deviceimprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with bothCognizableBailableNon-Compoundable
66C. Punishment for identity theftimprisonment 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 lakhCognizableBailableNon-Compoundable
66D. Punishment for cheating by personation by using computer resourceimprisonment 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 rupeesCognizableBailableNon-Compoundable
66E. Punishment for violation of privacyimprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with bothCognizableBailableNon-Compoundable
66F. Punishment for cyber terrorismimprisonment which may extend to imprisonment for lifeCognizableNon-BailableNon-Compoundable
67. Punishment for publishing or transmitting obscene material in electronic formon 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 rupeesCognizableBailableNon-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 rupeesCognizableNon-BailableNon-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 rupeesCognizableNon-BailableNon-Compoundable
67C. Preservation and retention of information by intermediariesimprisonment for a term which may extend to three years and also be liable to fine.CognizableBailableNon-Compoundable
68. Power of Controller to give directionsimprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both.Non-CognizableBailableCompoundable
69. Power to issue directions for interception or monitoring or decryption of any information through any computer resourceimprisonment for a term which may extend to seven years and shall also be liable to fineCognizableNon-BailableNon-Compoundable
69A. Power to issue directions for blocking for public access of any information through any computer resourcean imprisonment for a term which may extend to seven years and also be liable to fineCognizableNon-BailableNon-Compoundable
69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber securityimprisonment for a term which any extend to three years and shall also be liable to fineCognizableBailableNon-Compoundable
70. Protected systemimprisonment of either description for a term which may extend to ten years and shall also be liable to fineCognizableNon-BailableNon-Compoundable
70B. Indian Computer Emergency Response Team to serve as national agency for incident responseimprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with bothNon-CognizableBailableCompoundable
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 bothNon-CognizableBailableCompoundable
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 bothNon-CognizableBailableCompoundable
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 bothCognizableBailableNon-Compoundable
73. Penalty for publishing electronic signature Certificate false in certain particularsimprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.Non-CognizableBailableCompoundable
74. Publication for fraudulent purposeimprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with bothNon-CognizableBailableCompoundable
IT Act 2000 classification of offences as Bailable, Cognizable, Compoundable

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