Question:
The Information Technology Act, 2000, distinguishes between civil liability and criminal liability in cases of misuse of computer resources. In which of the following situations would such conduct attract criminal punishment rather than mere compensation?
The Information Technology Act, 2000, distinguishes between civil liability and criminal liability in cases of misuse of computer resources. In which of the following situations would such conduct attract criminal punishment rather than mere compensation?
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Civil = Compensation (Section 43). Criminal = Intent (Dishonesty/Fraud). If you see "Dishonestly or Fraudulently," it is almost certainly a criminal offence under the IT Act!
Updated On: Jun 8, 2026
- When the damage to computer resources exceeds a prescribed monetary limit
- When the act is done dishonestly or fraudulently in addition to unauthorised access
- When the affected party chooses to initiate criminal proceedings
- When access to a computer system is without permission, irrespective of intent
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The Correct Option is B
Solution and Explanation
Step 1: Understanding the Concept:
The IT Act separates "Contraventions" (handled civilly via adjudication) from "Offences" (handled as crimes). Criminal liability requires an element of intent, such as dishonesty or fraud.
Step 2: Detailed Explanation:
- Mere unauthorized access may often lead to civil liability (compensation under Section 43).
- However, Chapter XI of the Act specifies criminal offences. For example, hacking under Section 66, or identity theft/cheating under Sections 66C and 66D, requires the act to be committed "dishonestly" or "fraudulently."
- Criminal law focuses on the mens rea (guilty mind), whereas civil liability under the IT Act focuses on the fact of damage or unauthorized access.
Step 3: Final Answer:
Dishonest or fraudulent intent elevates the conduct from a civil breach to a criminal offence. Option (B) is correct.
The IT Act separates "Contraventions" (handled civilly via adjudication) from "Offences" (handled as crimes). Criminal liability requires an element of intent, such as dishonesty or fraud.
Step 2: Detailed Explanation:
- Mere unauthorized access may often lead to civil liability (compensation under Section 43).
- However, Chapter XI of the Act specifies criminal offences. For example, hacking under Section 66, or identity theft/cheating under Sections 66C and 66D, requires the act to be committed "dishonestly" or "fraudulently."
- Criminal law focuses on the mens rea (guilty mind), whereas civil liability under the IT Act focuses on the fact of damage or unauthorized access.
Step 3: Final Answer:
Dishonest or fraudulent intent elevates the conduct from a civil breach to a criminal offence. Option (B) is correct.
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