Zolvit
Zolvit

Our Legal Expertise

Cyber Offences Under the IT Act and the BNS

Cyber cases in India are rarely charged under one law alone. Most complaints combine sections of the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita (BNS), 2023, depending on the nature of the conduct alleged. Most IT Act offences are bailable, and this materially changes what the first 72 hours look like for an accused person, from the type of notice received to the approach taken on bail.

Offence Section Punishment Bail
Unauthorised access, damage, data theft IT Act, Section 43 (compensation); Section 66 Section 43: civil compensation; Section 66: up to 3 years Bailable
Identity theft IT Act, Section 66C Up to 3 years and fine up to ₹1 lakh Bailable
Cheating by personation using computer resource IT Act, Section 66D Up to 3 years and fine up to ₹1 lakh Bailable
Capturing or publishing private images (violation of privacy) IT Act, Section 66E Up to 3 years Bailable
Publishing or transmitting obscene material IT Act, Section 67 Up to 3 years on first conviction Bailable
Publishing or transmitting sexually explicit material IT Act, Section 67A Up to 5 years on first conviction Non-bailable
Child sexual abuse material IT Act, Section 67B Up to 5 years on first conviction; parallel proceedings under POCSO Non-bailable
Cyber terrorism IT Act, Section 66F Life imprisonment Non-bailable
Online cheating and extortion BNS, Sections 318 and 308 As prescribed under BNS Varies by section; see our [online fraud page]
Cyber stalking and online threats BNS, Sections 78 and 351 Up to 3 years (Section 78); up to 2 years (Section 351) Bailable
Online defamation BNS, Section 356 Up to 2 years Bailable; complaint case

Section 66A of the IT Act was struck down by the Supreme Court in 2015 and is no longer a valid offence. Online harassment, threats, stalking and similar conduct must instead be assessed under the provisions that currently apply to the facts of the case. Each complaint is reviewed against the applicable law before advising on the appropriate legal route.

Cyber Crime Situations We Handle

Cyber crime matters can involve financial fraud, account freezes, hacking, online harassment, impersonation or allegations against an account holder. Zolvit assists victims, frozen-account holders and accused persons in identifying the appropriate authority and next legal step.

  • UPI, Card and Net-Banking Fraud

    Assistance with immediate reporting through 1930 and the National Cyber Crime Reporting Portal, followed by bank coordination and complaint follow-up. The official portal recommends immediate reporting of financial cyber fraud through 1930.

  • Investment, Trading-App and Crypto Scams

    Transaction records, chats, app details and payment evidence are organised for a complaint under the provisions applicable to the alleged conduct. Digital Arrest and Impersonation Scams Support with 1930 reporting, NCRP complaints and steps to prevent further payments or misuse of personal information. Job, Task and Loan-App Scams Complaint preparation using transaction records, communications, app details and other available evidence, with follow-up based on the circumstances. Sextortion and Intimate-Image Threats Confidential assistance with complaint filing, evidence preservation and applicable platform grievance or takedown processes. Account Hacking and Social Media Takeover Support with platform recovery requests, police complaints and documentation of unauthorised access, impersonation or resulting loss. Online Harassment, Stalking and Doxxing Screenshots, URLs, timestamps and communications are documented to identify the applicable criminal provisions and complaint mechanism. Bank Account Frozen After Receiving Scam Money Review of the transaction trail and account restriction, followed by assistance with representation to the investigating authority or appropriate court remedy. Accused Persons in Cyber Fraud or Money-Mule Cases Assessment of the allegations, money trail, device evidence and role attributed to the account holder, followed by assistance with notice responses, bail or defence proceedings. Employee Data Theft and Unauthorised Access Assessment of the access, data involved and applicable IT Act or other provisions, with assistance on a criminal complaint or civil remedy where appropriate.