Section 66C: identity theft
Section 66C punishes whoever fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person. The punishment is imprisonment of either description for a term that may extend to three years, and a fine that may extend to Rs 1 lakh. The section is not limited to a password: any other unique identification feature of another person falls within its words. What the section requires is that the use is fraudulent or dishonest.
Section 66D: cheating by personation using a computer resource
Section 66D punishes whoever, by means of any communication device or computer resource, cheats by personation. The punishment is the same as under section 66C: imprisonment of either description up to three years and a fine up to Rs 1 lakh. Cheating by personation is defined in the Bharatiya Nyaya Sanhita as cheating by pretending to be some other person, knowingly substituting one person for another, or representing that oneself or any other person is a person other than the person really is, and the offence is committed whether the person impersonated is real or imaginary.
The Sanhita’s own punishment for cheating by personation, in section 319(2), is imprisonment up to five years, or fine, or both, and its section 318(4) provides imprisonment up to seven years and a fine for cheating that dishonestly induces the person deceived to deliver property. The offences in the two Acts can be mentioned together in a complaint. The new numbers of the Sanhita’s sections are on the page on IPC to BNS.
Section 66E: violation of privacy
Section 66E punishes whoever intentionally or knowingly captures, publishes or transmits the image of a private area of any person without that person’s consent, under circumstances violating the privacy of that person. The punishment is imprisonment up to three years, or a fine not exceeding Rs 2 lakh, or both.
The explanation defines the terms. To transmit is to electronically send a visual image with the intent that it be viewed by a person or persons. To capture is to videotape, photograph, film or record by any means. A private area is the naked or undergarment-clad genitals, pubic area, buttocks or female breast. To publish is to reproduce in printed or electronic form and to make available to the public. And circumstances violating privacy are circumstances in which a person can have a reasonable expectation either that she or he could disrobe in privacy without being concerned that an image of the private area was being captured, or that any part of the private area would not be visible to the public, regardless of whether the person is in a public or private place.
Section 66E applies to any person. The Sanhita’s section 77 on voyeurism concerns a woman engaged in a private act and punishes watching or capturing her image, or disseminating it, with imprisonment of not less than one year that may extend to three years and fine on a first conviction, and not less than three years and up to seven years and fine on a later one.
The three sections and the Sanhita side by side
| IT Act section | Conduct | Punishment | Matching provisions of the Sanhita |
|---|---|---|---|
| Section 66C, identity theft | Fraudulently or dishonestly making use of the electronic signature, password or any other unique identification feature of any other person | Imprisonment of either description up to three years and fine up to Rs 1 lakh | Sections 319 and 318 of the Sanhita where the use is to cheat; sections 335 to 340 where a false electronic record is made or an electronic signature is affixed |
| Section 66D, cheating by personation | Cheating by personation by means of any communication device or computer resource | Imprisonment of either description up to three years and fine up to Rs 1 lakh | Section 319 of the Sanhita, up to five years, or fine, or both; section 318(4) for cheating that induces delivery of property |
| Section 66E, violation of privacy | Intentionally or knowingly capturing, publishing or transmitting the image of a private area of any person without consent, under circumstances violating privacy | Imprisonment up to three years, or fine up to Rs 2 lakh, or both | Section 77 of the Sanhita on voyeurism, which concerns a woman in a private act |
Getting the content taken down
The criminal complaint and the removal of the content run on separate tracks. Under rule 3(2)(b) of the IT Rules 2021 as updated on 10 February 2026, an intermediary must, within two hours of a complaint by the individual or a person on her behalf, take all reasonable and practicable measures to remove or disable access to content that exposes the private area of the individual, shows the individual in full or partial nudity or in a sexual act, or is in the nature of impersonation in electronic form, including artificially morphed images. The Rules are summarised on the page on the IT Rules 2021, and the way to report the offence is on the page on how to report a cyber crime online. Material that is sexually explicit and published or transmitted in electronic form is separately dealt with in sections 67 to 67B of the Act, which are set out on the page on sections 67, 67A and 67B.
Frequently asked questions
What is identity theft under section 66C of the IT Act?
It is fraudulently or dishonestly making use of the electronic signature, password or any other unique identification feature of any other person. The punishment is imprisonment of either description up to three years and a fine up to Rs 1 lakh.
What is the punishment under section 66D of the IT Act?
Imprisonment of either description up to three years and a fine up to Rs 1 lakh, for a person who, by means of any communication device or computer resource, cheats by personation.
What does section 66E of the IT Act cover?
The intentional or knowing capture, publication or transmission of the image of a private area of any person, without consent, under circumstances violating privacy. The private area is the naked or undergarment-clad genitals, pubic area, buttocks or female breast. The punishment is imprisonment up to three years, or fine up to Rs 2 lakh, or both.
Can a fake social media profile be a crime?
It can be. Cheating by personation, which section 319 of the Bharatiya Nyaya Sanhita defines as cheating by pretending to be some other person, whether real or imaginary, and section 66D of the IT Act, which punishes it when done by a communication device or computer resource, are the provisions that match the conduct where the profile is used to cheat. Whether an offence is made out depends on the facts, and a complaint to the police can mention both.
How fast must a platform remove a morphed or intimate image?
Under rule 3(2)(b) of the IT Rules 2021 as updated on 10 February 2026, within two hours of a complaint by the individual or a person on her behalf, the intermediary must take all reasonable and practicable measures to remove or disable access to content that exposes the private area, shows nudity or a sexual act, or is in the nature of impersonation, including artificially morphed images.