Offences
Section 65. Tampering with computer source documents.
An offence is committed when a person knowingly or intentionally: Conceals, or destroys, or alters computer source code.
The offence also applies if the person knowingly or intentionally causes someone else to do any of the above acts.
The source code must be:
Used for a computer, computer programme, computer system, or computer network,.
Required by law to be kept or maintained.
The Punishment for the above acts:
Imprisonment for up to three years or
A fine up to ₹2 lakh or
Both imprisonment and fine.
Explanation:
Computer source code includes:
The listing of programmes.
Computer commands.
The design and layout of a computer resource.
Programme analysis.
It covers these elements in any form.
Section 66. Computer related offences.
Section 43 lists various unauthorised acts involving computers like hacking, data theft, damage etc.
If a person does any of those acts: Dishonestly, or Fraudulently, then the act becomes a criminal offence.
The Punishment for the same is:
Imprisonment up to 3 years or
Fine up to ₹5 lakh or
Both imprisonment and fine.
Explanation:
(a).
The word Dishonestly has the same meaning as given in Section 24 of the Indian Penal Code, 1860.
It refers to doing an act with the intention of causing wrongful gain to one person or wrongful loss to another.
(b).
The word fraudulently has the same meaning as given in Section 25 of the Indian Penal Code, 1860
It refers to doing an act with intent to defraud, that is, to deceive someone.
The Act borrows the meanings of Dishonestly and Fraudulently directly from the Indian Penal Code.
Section 66A. Punishment for sending offensive messages through communication service.
Any person who sends messages using a computer resource or communication device, and does any of the following:
(a).
Sends information that is grossly offensive or has a threatening (menacing) nature.
(b).
Sends information which he knows to be false, and does so repeatedly, with the intention of causing:
Annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.
(c).
Sends any electronic mail or electronic message with the purpose of:
Causing annoyance or inconvenience.
Deceiving or misleading the receiver about who actually sent the message.
Such acts shall be punishable with: Imprisonment up to three years, and fine.
Explanation:
Electronic mail / electronic mail message means any message or information that is:
Created, or Sent, or Received using a computer, computer system, computer resource, or communication device.
It includes attachments of all kinds, such as: Text, Images, Audio, Video, and any other electronic record sent along with the message.
Section 66B. Punishment for dishonestly receiving stolen computer resource or communication device.
If a person dishonestly receives or keeps a computer resource or a communication device, and then:
Knows or has reason to believe that it is stolen, then that person commits an offence.
The punishment for the same is:
Imprisonment up to 3 years, or
Fine up to ₹1 lakh, or
Both imprisonment and fine.
Section 66C. Punishment for identity theft.
If a person fraudulently or dishonestly uses:
Another person’s electronic signature.
Another person’s password.
Any other unique identification feature.
without that person’s authority, then that person commits an offence.
The Punishment for the same is:
Imprisonment up to 3 years.
Fine up to ₹1 lakh.
Section 66D. Punishment for cheating by personation by using computer resource.
If a person uses:
A computer.
A computer resource.
Any communication device (like a phone or internet).
And cheats another person by personation (Pretending to be someone else), then that person commits an offence.
The Punishment for the same is:
Imprisonment up to 3 years.
Fine up to ₹1 lakh.
Section 66E. Punishment for violation of privacy.
If a person intentionally or knowingly: Captures, or Publishes, or Transmits the image of a private area of another person:
Without that person’s consent, and in a situation that violates the person’s privacy, then that person commits an offence.
The Punishment for the same is:
Imprisonment up to 3 years.
Fine up to ₹2 lakh.
Both imprisonment and fine.
Explanation:
For the purposes of this section:
(a).
Transmit means electronically sending a visual image with the intention that it is seen by one or more persons.
(b).
Capture, in relation to an image, means recording it in any way, including:
Video recording, Photographing, Filming, or Recording by any other method.
(c).
Private area means:
Naked or undergarment-covered genitals.
Pubic area.
Buttocks.
Female breast.
(d).
Publishes means:
Reproducing the image in print or electronic form, and making it available to the public.
(e).
With respect to situations where a person has a reasonable expectation of privacy:
This includes situations where:
(i). The person may undress or be without clothing in private and does not expect any image of their private area to be captured.
(ii). The person expects that no part of their private area is visible to the public, even if the person is in a public place.
Section 66F. Punishment for cyber terrorism.
66F(1).
The below actions mentioned in (A) &(B) are considered cyber Terrorism.
(A).
Whoever with the intention:
To Threaten the unity, integrity, security, or sovereignty of India.
To strike terror among the people or any section of the people.
does any of the following acts:
(i). Denies or causes denial of access to a computer resource to a person who is authorised to access it.
(ii). Attempts to gain unauthorised access to a computer resource, or exceeds authorised access.
(iii). Introduces or causes the introduction of a computer contaminant (such as malware or a virus).
And by such actions:
Causes or is likely to cause death or injury to persons.
Causes damage or destruction of property.
Disrupts, or knowingly creates a situation likely to disrupt.
Supplies or services essential to the life of the community or adversely affects critical information infrastructure notified under Section 70.
(B).
A person knowingly or intentionally:
Accesses or breaks into a computer resource without permission.
Goes beyond the access that was lawfully given to them.
By doing this, the person obtains access to information, data, or a computer database that is:
Restricted for reasons of State securit related to foreign relations, or otherwise classified or restricted.
The person has reason to believe that the information or data so obtained may be used, or is likely to be used, to cause harm to:
The sovereignty and integrity of India.
The security of the State.
Friendly relations with foreign States.
Public order.
Decency or morality.
Matters relating to contempt of court, defamation, or incitement to an offence.
to give an advantage to a foreign nation, group of individuals, or any other entity.
If these conditions are satisfied, the person commits the offence of cyber terrorism.
66(2).
Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.
Section 67. Punishment for publishing or transmitting obscene material in electronic form.
If a person publishes, transmits, or causes to be published or transmitted any material in electronic form, and the material:
Is lascivious, or appeals to prurient (sexual) interest, or has the effect of corrupting or morally degrading persons who are likely to read, see, or hear it, then that person commits an offence.
The Punishment for the same is:
First conviction: Imprisonment up to 3 years, and fine up to ₹5 lakh.
Second or subsequent conviction: Imprisonment up to 5 years, and fine up to ₹10 lakh.
Section 67A. Punishment for publishing or transmitting of material containing sexually explicit act in electronic form.
If a person publishes, transmits, or causes to be published or transmitted any material in electronic form, and that material contains sexually explicit acts or conduct, then the person commits an offence.
The Punishment for the same is:
First conviction: Imprisonment up to 5 years, and fine up to ₹10 lakh.
Second or subsequent conviction: Imprisonment up to 7 years, and fine up to ₹10 lakh.
Section 67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, in electronic form.
(a).
A person who publishes material in electronic form / transmits material in electronic form / causes someone else to publish / transmit such material that:
Depicts children and The children are shown engaged in sexually explicit acts or conduct then that act amounts to a serious criminal offence.
(b).
A person creates text or digital images or collects such material or seeks or searches for it or browses such material or downloads it or advertises it or promotes it or exchanges it or distributes it and the material:
Depicts children in an obscene, indecent, or sexually explicit manner then any of these acts amount to a criminal offence.
(c).
Any person who cultivates, entices, or induces a child with the intention of forming an online relationship commits an offence.
The interaction must take place through a computer resource (such as the internet, social media, or messaging platforms).
The offence is committed if the relationship is formed:
For the purpose of sexually explicit acts, or
In a manner that would offend the sensibilities of a reasonable adult.
Physical contact is not required and the offence is complete even if the conduct is entirely online.
Engaging in any of the above conduct amounts to a criminal offence.
(d).
Any person who facilitates abusing children online is considered to commit a criminal offence.
(e).
A person records material in electronic form.
The recording may show: The person’s own abuse, or The abuse by others.
The recording relates to sexually explicit acts involving children.
If a person does any of the above, it amounts to a serious criminal offence.
The Punishment:
For the First conviction is imprisonment up to 5 years, and fine up to ₹10 lakh.
For the Second or subsequent conviction is imprisonment up to 7 years, and fine up to ₹10 lakh.
Sections 67, 67A, and this section (which deal with obscene and sexually explicit content) do not apply to certain electronic material.
The exemption applies to:
Any book, pamphlet, paper, writing, drawing, painting, representation, or figure in electronic form if either of the following conditions is satisfied:
(i).
The publication is proved to be justified in the interest of public good, because it relates to:
Science, literature, art, learning, or any other object of general public concern.
(ii).
The material is kept or used genuinely (bona fide) for heritage purposes, or religious purposes.
Explanation:
For the purposes of this section children means a person who has not completed the age of 18 years
Section 67C. Preservation and retention of information by intermediaries.
67(1).
An intermediary (like an ISP, platform, or service provider) has a legal obligation.
It must preserve and retain certain information.
The type of information to be retained will be specified by the Central Government.
The Government will also prescribe:
The duration for which the information must be kept.
The manner and format in which it must be stored.
67(2).
If the intermediary intentionally or knowingly violates the duty stated in 67(1), then the intermediary commits an offence.
The Punishment for the same is imprisonment up to 3 years, and Fine (in addition to imprisonment).
Section 68. Power of Controller to give directions.
68(1).
The Controller has the authority to issue an order and through such order the Controller may direct:
A Certifying Authority, or any employee of a Certifying Authority to take certain measures, or stop carrying out certain activities.
Such directions can be issued only if they are necessary to ensure: Compliance with the Act, the rules, or the regulations made under the Act.
68(2).
An offence is committed when the person intentionally or knowingly fails to comply with an order issued by the Controller under 68(1).
Such intentional or knowing non-compliance constitutes a criminal offence.
The punishment for the same is:
Imprisonment up to 2 years, or
Fine up to ₹1 lakh, or
Both imprisonment and fine.
Section 69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource.
69(1).
The Central Government or a State Government may exercise the power to order authorised agencies to intercept, monitor, or decrypt digital information.
It may also be exercised by officers specially authorised by the Central or State Government.
Such power can be used only if the Government is satisfied that it is necessary or expedient for one or more of the following reasons:
Sovereignty or integrity of India.
Defence of India.
Security of the State.
Friendly relations with foreign States.
Public order.
Preventing incitement to commit any cognizable offence related to the above,.
Investigation of any offence.
This power is subject to 69(2).
The reasons for exercising this power must be recorded in writing.
The Government may issue an order directing:
Any agency of the appropriate Government to intercept, monitor, or decrypt, or cause interception, monitoring, or decryption of, any information.
Any information that is generated, transmitted, received, or stored in any computer resource.
69(2).
The power to intercept, monitor, or decrypt information must follow a fixed procedure.
There must be safeguards in place to protect against misuse.
These procedures and safeguards will be prescribed by law (through rules).
69(3).
This duty applies to:
The subscriber.
The intermediary.
Any person in charge of a computer resource.
When any authorised agency under 69(1) asks for assistance, such persons must provide full cooperation.
The assistance includes:
(a). Giving access to, or helping secure access to, the computer resource that is: Generating, transmitting, receiving, or storing the information.
(b). Helping to intercept, monitor, or decrypt the information, as required.
(c). Providing information stored in the computer resource.
69(4).
If a subscriber, or an intermediary, or any person in charge of a computer resource fails to provide assistance to an authrized agency then:
Such failure to provide assitance will amount to an offence.
The Punishment for the same is Imprisonment up to 7 years, and Fine (in addition to imprisonment).
Section 69A. Power to issue directions for blocking for public access of any information through any computer resource.
69A(1).
The Central Government, or any officer specially authorised by it, may exercise this power only if it is satisfied that blocking is necessary or expedient for one or more of the following reasons:
Sovereignty and integrity of India.
Defence of India.
Security of the State.
Friendly relations with foreign States.
Public order.
Preventing incitement to commit any cognizable offence related to the above.
This power is subject to 69A(2).
The reasons for blocking must be recorded in writing.
The Government may issue an order directing: Any government agency, or an intermediary (like an ISP or online platform), to:
Block public access, or cause public access to be blocked, to any information that is: generated, transmitted, received, stored, or hosted in computer.
69A(2).
The blocking of online information cannot be done arbitrarily.
The power to block public access to information must follow a prescribed procedure.
There must be safeguards in place to prevent misuse of this power.
These procedures and safeguards will be laid down by rules.
69A(3).
If the intermediary fails to comply with a direction issued 69A(1) then the intermediary commits an offence.
The Punishment for the same is Imprisonment up to 7 years, and Fine.
Section 69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security.
69B(1).
The Central Government has the power to enhance the cyber security system in the country.
It is also meant for:
Identifying cyber threats, Analysing them, and Preventing intrusions or the spread of computer contaminants (like malware or viruses).
The Central Government must exercise the power by issuing a notification in the Official Gazette.
Through this notification, it may authorise any Government agency.
The authorised agency can monitor, and collect traffic data or information.
The data may relate to information that is: Generated, transmitted, received, or stored in any computer resource.
69B(2).
When an authorised Government agency authorised under 69B(1) seeks assistance, then such persons are required to:
Provide technical assistance, and extend all necessary facilities to the agency.
Such persons include: intermediaries, and persons in charge of computer resources.
The purpose of this assistance is to enable online access, or secure and provide online access to the computer resource.
The computer resource should be generating, transmitting, receiving, or storing the traffic data or information.
69B(3).
The monitoring and collection of traffic data or information cannot be done freely or arbitrarily.
It must follow procedures laid down by law.
There must be safeguards to protect against misuse.
These procedures and safeguards will be prescribed by rules.
69B(4).
If the intermediary intentionally or knowingly violates 69B(2) then the intermediary commits an offence.
The Punishment for the same is Imprisonment up to 3 years, and Fine (in addition to imprisonment).
Explanation:
For the purposes of this section:
(i).
Computer contaminant has the same meaning as in Section 43.
This includes harmful programs like viruses, malware, worms, etc. that damage or disrupt computer systems.
(ii),
Traffic data refers to data that identifies, or appears to identify any of the following:
A person.
A computer system.
A computer network.
A location.
from which a communication is sent, or to which a communication is received.
It includes information about:
Origin of communication.
Destination.
Route taken.
Time.
Date.
Size of data.
Duration of communication.
Type of service used, and any other related information.
Section 70. Protected system.
70(1).
The appropriate Government (Central or State, as applicable) may act through an official notification published in the Official Gazette.
By such notification, it can declare a computer resource as a “protected system.”
This power applies where the computer resource is directly or indirectly affects, or is connected with the functioning of Critical Information Infrastructure.
Explanation:
Critical Information Infrastructure refers to a computer resource.
A computer resource should be such that if it is incapacitated or destroyed then it would have a serious and damaging impact on:
National security.
The economy.
Public health.
Public safety.
70(2).
The appropriate Government has the power to decide and authorise specific persons to access protected systems.
It must do so by issuing a written order.
Only those authorised persons are allowed to access protected systems that have been notified under 70(1).
70(3).
If any person gains access, or tries to gain access, to a protected system, without authorisation, and in violation of this section, then:
That person commits a serious offence.
The punishment for the same is Imprisonment up to 10 years, and Fine (in addition to imprisonment).
70(4).
The Central Government has the responsibility to prescribe information security practices and procedures.
These practices and procedures will apply to protected systems.
Section 70A. National nodal agency.
If a person:
Makes any false statement (misrepresentation).
Hides or withholds any important fact (suppression of material fact).
And does so before the Controller or a Certifying Authority, for the purposes of obtaining a Licence or an Electronic Digital Ceritifcate then
That person has committed an offence.
The Punishment for the same is:
Imprisonment up to 2 years, or
Fine up to ₹1 lakh, or
Both imprisonment and fine.
Section 70B. Indian Computer Emergency Response Team to serve as national agency for incident response.
70B(1).
The Central Government has the authority to make the appointment of a Government Agency.
The appointment is done through a notification and the notification must be published in the Official Gazette.
The agency is called the Indian Computer Emergency Response Team. (ICERT)
70B(2).
The Central Government is responsible for staffing the agency. (ICERT)
The agency will have a Director General.
The Central Government may appoint other officers and employees.
The number and categories of such officers and employees will be as prescribed by the rules made by the Central Government.
70B(3).
The salary and allowances & the terms and conditions of service with respect to the Director General as well as other officers and employees are to be prescribed by rules made by the Central Government
70B(4).
The Indian Computer Emergency Response Team acts as the national agency in the field of cyber security.
It is responsible for carrying out the functions listed below with respect to cyber security matters:
(a).
Collection of information relating to cyber incidents.
Analysis of such information.
Dissemination (sharing or circulation) of information on cyber incidents.
(b).
Forecasting potential cyber security incidents.
Issuing alerts regarding cyber security incidents.
(c).
Taking emergency measures for handling cyber security incidents.
(d).
Coordination of activities for responding to cyber security incidents
(e).
Issuing guidelines and advisories on information relating to security matters.
Publishing vulnerability notes.
Publishing white papers.
All of the above relate to:
Information security practices and procedures.
Prevention of cyber incidents.
Response to cyber incidents.
Reporting of cyber incidents
(f).
Such other functions relating to cyber security as may be prescribed.
70B(5).
The procedure and the manner on how the agency is to perform its functions and duties mentioned in 70(1) will be prescribed the Central Government through the rules.
70B(6).
In order to carry out the functions mentioned in 70B(4) the agency has the following powers.
The agency may call for information & may issue directions.
These powers apply to:
Service providers.
Intermediaries.
Data centres.
Body corporates.
Any other person.
So , these entities are bound to comply with the information requests and directions issued by the agency.
70B(7).
If the entities mentioned in 70B(6) fail to provide information when called for under then it is considered as failure to comply with 70B(6).
Such failure is treated as an offence.
Punishment may include imprisonment up to one year.
Punishment may include a fine up to one lakh rupees.
The court may impose both imprisonment and fine.
70B(8).
Courts cannot take notice of offences under this section on their own
An offence can be taken up only through a formal complaint
The complaint must be made by an officer
That officer must be specifically authorised
The authorisation must come from the agency (ICERT).
Section 71. Penalty for misrepresentation.
An offence is committed if the perso makes any misrepresentation, or suppresses any material fact.
The misrepresentation or suppression must be made to the Controller or the Certifying Authority, and done for the purpose of obtaining:
A License or an Electronic Signature Certificate.
The punishment for the offence may include:
Imprisonment for a term extending up to two years.
Fine extending up to one lakh rupees.
Both imprisonment and fine.
Section 72. Penalty for Breach of confidentiality and privacy.
Unless the Act or any other law specifically allows otherwise this rule will apply:
A person may, while exercising powers given under this Act, its rules, or regulations, lawfully gain access to:
An electronic record, book, register, correspondence, information, document or other material.
However, if that access is obtained without the consent of the person concerned, and the person discloses or shares such record, document, or information
with any other person, then that person commits an offence.The Punishment for the same is:
Imprisonment up to 2 years, or
Fine up to ₹1 lakh, or
Both imprisonment and fine.
Section 72A. Punishment for disclosure of information in breach of lawful contract.
Where the person was providing services under a lawful contract, and gained access to material containing personal information of another person.
An offence would be committed if the person:
Discloses the personal information to someone else,
without the consent of the person concerned, or
In breach of the terms of the lawful contract, and
Such disclosure should be made:
with the intention to cause wrongful loss or wrongful gain or
with knowledge that such loss or gain is likely.
The Punishment for the same is:
Imprisonment up to 3 years, or
Fine up to ₹5 lakh, or
Both imprisonment and fine.
Section 73. Penalty for publishing electronic signature Certificate false in certain particulars.
73(1).
No person is allowed to publish an Electronic Signature Certificate or make it available to anyone else if they know that:
(a). The Certifying Authority named in the certificate did not actually issue it.
(b). The subscriber named in the certificate has not accepted it; or
(c). The certificate has already been revoked or suspended.
Exception:
Publication is permitted only when it is done solely for the purpose of verification.
The verification must relate to an electronic signature.
The electronic signature must have been created before the relevant certificate was suspended or revoked.
73(2).
If any person violates the rules laid down in 73(1) then that person commits an offence.
The Punishment for the same is:
Imprisonment up to 2 years, or
Fine up to ₹1 lakh, or
Both imprisonment and fine.
Section 74. Publication for fraudulent purpose.
If a person knowingly, creates, or publishes, or otherwise makes available an Electronic Signature Certificate, and does so:
For a fraudulent purpose or any unlawful purpose, then that person commits an offence.
The punishment for the same is:
Imprisonment up to 2 years, or
Fine up to ₹1 lakh, or
Both imprisonment and fine.
Section 75. Act to apply for offence or contravention committed outside India.
75(1).
The IT Act applies even if the offence or contravention is committed outside India.
This rule applies subject to 75(2).
The Act applies to any person, regardless of nationality (Indian or foreign).
So, if someone commits an offence under this Act outside India, the Act can still apply to them, no matter which country they belong to.
75(2).
The Act will apply to an offence or contravention committed outside India if:
The act or conduct involves a computer, a computer system, or a computer network, and that computer, system, or network is located in India.
So , Even if the person is abroad, the Act applies if the offence involves a computer or network situated in India.
Section 76. Confiscation.
If any provision of this Act, or any rule, order, or regulation made under it, has been violated or is being violated, then:
The following items connected with that violation can be confiscated (seized by the Government):
Computers. Computer systems, Floppies, Compact discs, Tape drives, and any other related accessories.
During confiscation proceedings, the court will examine responsibility.
If the court is satisfied that:
The person who possesses, controls, or owns the computer, system, or accessories was not responsible for violating the Act, rules, orders, or regulations,
then the court does not have to confiscate those items
Instead, the court may:
Pass any other order permitted under this Act, against the person who actually committed the violation, as the court considers appropriate.
Section 77. Compensation, penalties or confiscation not to interfere with other punishment.
If compensation is awarded under this Act, it does not stop compensation from being awarded under any other law.
If a penalty is imposed under this Act, it does not prevent penalties under other applicable laws.
If confiscation of property or equipment is ordered under this Act, that alone does not give immunity from action under other laws.
In essence:
Action taken under this Act is not exclusive and can be taken by any other Act as well.
Punishment or compensation under this Act does not protect someone from facing additional legal action under other laws.
A person can face multiple legal consequences at the same time, as long as they arise under different laws.
Section 77A. Compounding of offences.
77A(1).
Only a court of competent jurisdiction has the power to compound offences under this Act.
Compounding is allowed only for certain offences under the Act.
Offences cannot be compounded if:
The offence is punishable with life imprisonment.
The offence is punishable with imprisonment for more than three years.
Even if an offence is otherwise compoundable, the court must refuse compounding where:
The accused has a previous conviction.
Because of that previous conviction, the accused is liable to:
Enhanced punishment.
A different kind of punishment under the Act.
Even if an offence is otherwise compoundable, the court must refuse compounding in certain cases.
Compounding is also not allowed where the offence:
Affects the socio-economic conditions of the country.
Is committed against a child below 18 years of age.
Is committed against a woman.
The purpose of this restriction is to protect: Public interest and economic stability, and Vulnerable sections of society.
77A(2).
The accused person under this Act is allowed to apply for compounding of the offence.
The application must be filed before the court where the trial is currently pending.
Compounding is therefore not automatic and it requires a formal application.
While deciding this application, the court will follow:
Section 265B of the Code of Criminal Procedure, 1973.
Section 265C of the Code of Criminal Procedure, 1973.
These CrPC provisions deal with:
The procedure for filing such an application.
The guidelines and safeguards the court must follow while considering compounding.
Section 265B - Application for Plea Bargaining
Plea bargaining is a legal process where the accused agrees to plead guilty in exchange for some concession from the prosecution or the court.
Instead of a long trial, the accused accepts guilt, and the case is settled faster with a lighter or negotiated outcome.
An application for plea bargaining can be made only by the accused person himself.
The accused must be 18 years or above, and the offence should be one that is punishable with imprisonment up to seven years.
This provision does not apply to juveniles or to certain serious offences that are specifically excluded under the law.
The application must contain a brief statement of facts of the case and the details of the offence charged.
It must also be accompanied by a sworn affidavit in which the accused states that the application is made voluntarily, that he understands the nature and extent of the punishment, and that he has no previous conviction for the same offence.
Once the application is filed, the court examines the accused in camera.
The court verifies whether the application has been made voluntarily and whether the accused has no prior conviction for the same offence.
If the court is satisfied, it proceeds with the plea bargaining process; if not, the case continues through the regular trial process.
Section 265C - Guidelines for Mutually Satisfactory Disposition
Once plea bargaining is initiated, the court issues notice to the accused, the victim, and the prosecutor or complainant, as the case may be.
These parties are called upon to participate in the process of arriving at a settlement.
The parties, under the supervision of the court, attempt to reach a mutually satisfactory disposition of the case.
The discussions and negotiations take place in a manner directed by the court to facilitate a fair resolution.
The duty of the court is to ensure that the entire process is voluntary, fair, and free from any coercion, pressure, or undue influence on any party involved.
The outcome of this process may include payment of compensation to the victim, reimbursement of expenses incurred by the victim, or any other lawful terms mutually agreed upon by the parties.
Section 77B. Offences with three years imprisonment to be bailable.
This provision will apply even if the CrPC contains a contrary rule.
Any offence under this Act that is punishable with imprisonment of three years or more is treated as a cognizable offence.
Being cognizable means the police may register an FIR and make an arrest without prior permission of the court.
Any offence under this Act that is punishable with imprisonment of exactly three years is bailable.
Being bailable means the accused has a legal right to be released on bail.
Section 78. Power to investigate offences
This provision applies even if the CrPC provides otherwise.
Investigation of offences under this Act cannot be carried out by just any police officer.
Only a police officer not below the rank of Inspector is authorised to investigate offences under this Act.
The objective of this is that:
Investigations are handled by senior and experienced officers.
The process is more careful and accountable, given the nature of offences under the Act.
