cases where hacking is not illegal by Harsh vardhan chaturvedi @lexcliq

As today ethical hacking is a profession in India and the rest of the world. Government agencies such as CBI, ICRT, Intelligence Bureau, Ministry of Communications & Information Technology, Department of Telecom, National Technical Research Organisation, Defence Research and Development Organisation, Army etc., heir cybersecurity experts and their perform ethical hacking to check the software and prevent the system be hacked in real.
Private companies such IBM, TCS, HCL and Artel etc., also heir such cybersecurity hackers to prevent the hacking of their system, services and software etc.
Section 66 (A)-Punishment for sending offensive messages through communication services
Any person who sends any kind of message such as mail, text and email etc., to another person to create any kind of nuisance or offensive act according to this act that shall be punishable under this section.
Punishment- Imprisonment for up to three years and fine.
Section 66 (B)- Punishment for dishonestly receiving stolen computer resource or communication device
If any person knows that he is receiving a stolen computer resource or any communication device from another person then he will be liable under this section.
Punishment- Imprisonment up to three years or fine up to 1 lakh rupees or both.
Section 66(c)- Punishment for identity theft
If any person dishonestly or fraudulently uses another person identity such as electronic signature, ID and password etc., then he shall be liable under this section.
Punishment- Imprisonment up to 3 years and fine up to five lakh rupees or both.
Section 66(d)- Punishment for cheating by personating by using computer resource
If any person for cheating using any computer resource shall be liable under this section.
Punishment- Imprisonment up to three years or fine up to five lakh rupees or both.
Section 66 (e)- Punishment of violating Privacy
If any person with the intention of knows his act of violating some other persons privacy by clicking pictures, publishes or transmit any kind of pictures or video oh him without his consent by using any kind of electronic means shall be liable under this section.
Punishment- Imprisonment up to three years or fine up to five lakh rupees or both.
Section 66(f)- Punishment for cyber terrorism
Any person doing any kind of cyber-terrorism will be liable under this section.
Terrorism includes any kind of threat to the integrity, the sovereignty of this country or any kind of threat to any citizen of this country.
Punishment- Life imprisonment
Section 67-Publishing of information that is obscene in electronic form.
When any person to publish or cause it to be published by any electronic means. The said material could be lascivious or advances to the indecent interest or if its impact, and people reading and watching such publication get an idea or understand to whom this publication is referred to in such publication and material embodied in it and which hurt the sentiments of other people will be punished with imprisonment or fine or both under this section.
Punishment- on first conviction the imprisonment will be up to 5 years or fine which may extend to 1 lakh rupees or both.
On second conviction or subsequent conviction, the imprisonment will be up to 10 years or fine which may extend to 2 lakh rupees or both.
Section 67(b)-Punishment for publishing or transmitting of material depicting children in the sexually explicit act, etc., in electronic form
Any person publishes content such as books, photo, video, etc., containing children in the sexually explicit act shall be liable under this section.
Punishment- (First conviction) Imprisonment up to five years or fine up to ten lakh rupees or both.
(Subsequent conviction) Imprisonment up to seven years or fine up to 10 lakhs or both.
Section 67 (c)- Preservation and retention of information by intermediaries
According to the provisions of this act the central government has given a prescribed time to the intermediaries to hold any information, if any person neglect to transfer it back to a computer resource or retain it for a longer period shall be punishable under this section.
Punishment- Imprisonment up to three years and fine ( which will be decided by the court).
Case law-
Famous model Milind Soman posted a picture of himself running naked on the beach, captioning Happy Birthday to me, 55 and running as it as his birthday but Goa police arrested him under 294 of IPC for promoting obscene act in public and 64 of IT act 2000 for publication of obscene content on the internet.

 

HarshVChaturvedi

My name is Harsh vardhan chaturvedi. I belong to Agra (Uttar Pradesh). I am currently pursing B.Tech in Computer Science with LLB (Hons.) specialisation in Cyber Laws. I am a self motivated person. I have been in situations where i was not having any motivation to proceed further. Like choosing a branch such as cyber law where your parents are also not sure about the future of the branch. Motivating yourself to move further in this field of law is a great example of self motivation. A person who does not have any legal background motivating himself for this course which involves study of two different areas itself is a challenging task. I am very good at managing tasks as i have been the Event head of UURJA i.e fest of UPES. I try to take part in every activity whether it is curricular, co-curricular or extra curricular. I believe a person should not only focus on academics but also focus on other activities for overall development. I have great legal drafting skills. In my free time i love to portrait landscape . My hobbies includes travelling and photography. I believe travelling make you learn how one should never stop when they want to reach their goal. Travelling are challenging but one should never look back once started. Hence each treks and travel has always taught me something. I have always been a fan of movies which calms you down. I have a passion for everything i do and i believe this passion makes me going.

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