What computer crime means
Computer crime, also called cyber crime or e-crime, is a term for criminal activity in which a computer or a network is the source, the tool, the target or the place of the crime. The categories overlap, and a single incident often falls into more than one. The term does not name a single offence in Indian law. It groups offences that are defined in the Information Technology Act 2000 and in the general criminal law.
The official statistics use a working definition: cyber crimes involving communication devices as the medium or the target of the offence. That is wider than the offences created by the Act alone, and it is the definition used in the figures on cyber crime in India.
The main categories
The first category is the computer as the target. The offender attacks the computer, the network or the data on it: unauthorised access, copying of data, the introduction of a virus, damage or disruption of a system, or denial of service to the people entitled to use it. Section 43 of the Act lists these acts, and section 66 makes them a crime when done dishonestly or fraudulently.
The second category is the computer as the tool. The offender uses a computer to commit an offence that existed before, such as cheating, forgery or defamation, or an offence the Act now names, such as identity theft in section 66C, cheating by personation in section 66D, violation of privacy in section 66E or the publication of obscene material in section 67. The third category is the computer as the place or the record: the crime is committed elsewhere, but the evidence is stored in a computer.
A fourth group is the offences against the State and critical systems, of which cyber terrorism under section 66F is the most serious, with imprisonment which may extend to life. The page on cyber terrorism explains it.
Which sections apply
The guide to the IT Act 2000 lists the offences with their punishments. In summary, most of the offences in sections 65 to 66E carry imprisonment up to three years, with fines of Rs 1 lakh to Rs 5 lakh depending on the section; section 67 carries up to three years and a fine up to Rs 5 lakh on a first conviction and up to five years and a fine up to Rs 10 lakh on a later one, and sections 67A and 67B carry up to five years, and seven years on a later conviction, with a fine up to Rs 10 lakh. The same acts can also be charged under the general criminal law, now the Bharatiya Nyaya Sanhita.
Investigation lies with the police: a police officer not below the rank of Inspector investigates, under section 78. The Ministry of Home Affairs notes that cyber crime cases are handled under the Information Technology Act, the Bharatiya Nyaya Sanhita 2023 and, where children are involved, the Protection of Children from Sexual Offences Act 2012.
Reporting computer crime
A computer crime can be reported on the National Cyber Crime Reporting Portal at cybercrime.gov.in or through the helpline 1930. For fraud, the first step is to inform the bank, as described in the page on online fraud in India, and the steps for a complaint are in the guide on how to file a cyber crime complaint online.