Hacking is a criminal offense under Indian law and is punishable under the Information Technology Act, 2000 and the Indian Penal Code (IPC). Hacking refers to unauthorized access, control, damage, or disruption of any computer system, network, or digital data with a malicious intent or without the owner’s permission. It includes stealing sensitive information, destroying files, planting viruses, or using software to gain illegal access to systems.
With the increasing use of digital infrastructure, India has put strong legal provisions in place to prevent cybercrimes, including hacking. The Information Technology Act, 2000 is the primary legislation dealing with offenses related to computer systems and electronic data, including hacking and related cyber offenses.
Legal Provisions for Hacking in India
1. Section 43 of the IT Act, 2000
This section deals with civil liability for unauthorized access. A person is liable to pay compensation if they:
- Access a computer, computer system, or network without permission.
- Download, copy, or extract any data.
- Introduce viruses, malware, or damage data.
- Disrupt services, systems, or networks.
- Deny authorized access to others.
Punishment:
- Compensation up to ₹1 crore or more, depending on the damage caused.
2. Section 66 of the IT Act, 2000
This section criminalizes hacking and unauthorized acts committed dishonestly or fraudulently.
Definition of hacking under Section 66:
If any person, dishonestly or fraudulently, does any act referred to in Section 43 (e.g., unauthorized access, data theft, virus attack), he/she is guilty of hacking.
Punishment under Section 66:
- Imprisonment up to 3 years, and/or
- Fine up to ₹5 lakh
In short, hacking is punishable with imprisonment of up to 3 years and a fine of up to ₹5 lakh under Section 66 of the IT Act.
Other Relevant Provisions
Section 66C – Identity Theft
Using someone’s digital signature, password, or unique identification feature is punishable with:
- Imprisonment up to 3 years and/or
- Fine up to ₹1 lakh
Section 66D – Cheating by Personation Using Computer Resource
Applies when hacking is used to cheat or impersonate someone online.
- Punishment: Imprisonment up to 3 years and fine up to ₹1 lakh
Section 67 – Publishing Obscene Material
If hacking is used to publish, distribute, or access obscene content:
- Imprisonment up to 5 years and fine up to ₹10 lakh (first conviction)
IPC Sections Applicable to Hacking
In addition to the IT Act, several sections of the Indian Penal Code may also apply:
- Section 379 IPC – Theft of data or devices
- Section 420 IPC – Cheating
- Section 468 IPC – Forgery for the purpose of cheating
- Section 120B IPC – Criminal conspiracy
Types of Hacking Recognized by Law
- Ethical Hacking – Legal and authorized penetration testing to find vulnerabilities (not punishable).
- Black Hat Hacking – Illegal and unauthorized hacking for personal gain, revenge, or causing damage.
- Grey Hat Hacking – Unauthorized hacking but without malicious intent—still punishable under law.
- Cyber Espionage – Hacking into government or military systems—considered a serious offense.
- Phishing, Keylogging, Ransomware Attacks – Also prosecuted under various cybercrime provisions.
How to Report a Hacking Incident in India
- Collect Evidence
- Take screenshots
- Record system logs
- Note down suspicious emails/IP addresses
- File a Complaint with Cyber Crime Cell
- Visit the nearest Cyber Crime Cell or police station
- Submit a written complaint with evidence
- Mention your identity proof and contact details
- Report Online
- Visit – National Cyber Crime Reporting Portal
- Approach CERT-In
- The Indian Computer Emergency Response Team (CERT-In) investigates and advises on cyber threats
Steps Taken by Authorities in a Hacking Case
- Preliminary investigation and digital forensic analysis
- Tracking IP addresses and devices used for hacking
- Arrest and prosecution of the accused under relevant IT Act and IPC sections
- Court proceedings including examination of digital evidence
FAQs on Hacking and Its Punishment in India
Q1. Is hacking a bailable offense in India?
Yes, under Section 66 of the IT Act, hacking is generally a bailable offense if it does not involve serious consequences or national security concerns.
Q2. Can a minor be punished for hacking?
Yes. While minors can be charged, the Juvenile Justice Act will apply, and the punishment will be decided by the Juvenile Justice Board.
Q3. Is hacking a cognizable offense?
Yes, hacking is a cognizable offense, meaning police can arrest without a warrant and start an investigation without prior approval of a magistrate.
Q4. Can a person be punished under both IPC and IT Act for hacking?
Yes, if the act of hacking also involves cheating, theft, or fraud, then the person can be charged under both IT Act and IPC provisions.
Q5. Can I get compensation if my data or system is hacked?
Yes, under Section 43 of the IT Act, you can claim compensation for loss or damage due to hacking, even if the act does not qualify for criminal prosecution.
Q6. Can foreign hackers be prosecuted under Indian law?
Yes, if the effect of hacking is felt in India or involves Indian citizens, even foreign hackers can be prosecuted under Indian law. However, international cooperation through treaties and extradition is required.
Conclusion
Hacking is a serious cybercrime punishable under Section 66 of the Information Technology Act, 2000 with imprisonment up to 3 years and a fine up to ₹5 lakh. Additional punishment may apply under other provisions, depending on the nature and severity of the offense. The Indian legal system has both preventive and punitive mechanisms in place to deal with cybercrimes, and individuals or companies affected by hacking must take immediate legal steps.
If you or your organization is a victim of hacking, it is important to report the incident promptly, collect evidence, and consult a cyber law expert to file complaints under appropriate sections.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304