Is the IT Act bailable or non bailable?
Asked by: John Kunze | Last update: February 19, 2026Score: 4.5/5 (36 votes)
The Indian IT Act, 2000, has both bailable and non-bailable offenses: offenses punishable by imprisonment up to three years are generally bailable (like tampering with source documents under Section 65), while those with imprisonment of three years or more are cognizable and non-bailable, such as obscenity under Sections 67, 67A, and 67B, with courts often considering factors like evidence and involvement when granting bail.
Is the IT Act bailable or not?
As per section 77B of the IT Act, an offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable up to imprisonment of three years shall be bailable.
Which act is non-bailable?
Common Examples of Non-Bailable Offences
Murder (Section 302 IPC/Section 103 BNS) - Unlawfully causing death with intention. Attempt to Murder (Section 307 IPC/Section 109 BNS) - Taking steps toward killing someone. Rape (Section 376 IPC/Section 70 BNS) - Sexual assault without consent.
Is Section 66D of the IT Act bailable?
Courts generally lean towards granting bail in cases under Section 66D of the IT Act 2000, especially when investigations are ongoing, and the accused are willing to cooperate. The gravity of online offences is acknowledged, but individual rights and the possibility of settlement influence judicial decisions.
What is regular bail in cyber crime?
Regular bail (as in this case) is sought after arrest and during the pendency of investigation or trial. The accused is in custody and asks the court to be released on conditions. Anticipatory bail (under the earlier Section 438 CrPC and its BNSS analogue) is sought before arrest, based on apprehension of arrest.
Online Censorship is About to Get WORSE!
What crimes can you not bail out of?
Some violent crimes always mean no bail. For example, murder, aggravated assault, and domestic violence are often on the no bond offenses list. The courts see these crimes as threats to public safety if the accused is released.
What are the top 5 cyber crimes?
5 Types of Cyber Crime
- Hacking. Criminal hacking is the act of gaining unauthorized access to data in a computer or network. ...
- Malware. Malware, or malicious software, refers to any code designed to interfere with a computer's normal functioning or commit a cyber crime. ...
- Identity Theft. ...
- Social Engineering. ...
- Software Piracy.
Is Section 66A of the IT Act bailable or non bailable?
This means that you can be arrested without a warrant and bail is NOT a matter of right. In comparison, the much maligned section 66A was bailable. This means that bail was a matter of right !
What are the benefits of the IT Act 2000?
The introduction of digital signatures under the IT Act 2000 provided a secure means of authenticating the origin and integrity of electronic records and communications. This authentication ensures that digital transactions are legitimate, reducing the potential for fraud and unauthorized alterations.
What are the basics of IT?
The Foundation of IT: Computer Science
- Software development: Drives the creation of software applications, operating systems and other tools to support information technology services.
- Data management: Enables efficient storage, retrieval or processing of data through algorithms, databases and data structures.
What are the cases that are not bailable?
Non-Bailable Offenses
- Murder (Article 248, Revised Penal Code)
- Rape (RA 8353 or the Anti-Rape Law of 1997)
- Plunder (RA 7080, as amended by RA 7659)
- Kidnapping for Ransom (Article 267, Revised Penal Code)
What is Section 43 of the IT Act?
Section 43 of the IT Act, 2000 prescribes scenarios whereby a computer is accessed without the permission of the owner or any other person who is in charge of a computer (or “computer network” or “computer system”).
What are the 4 types of offenses?
Offences against person, property or state. Personal offences, fraudulent offences. Violent offences, sexual offences. Indictable/non-indictable offences etc.
What are the benefits of IT Act 67?
Section 67 provides punishment for the transmission or publication of any obscene material in any electronic form. Section 67A deals with the punishment for transmission or publication of any material containing sexually explicit acts in any electronic form.
What are the 5 cyber laws?
5 Cyber Security Laws We All Need To Know
Law 1: if there is a vulnerability, it will be exploited. Law 3: Humans can trust even when they shouldn't. Law 4: with innovation comes an opportunity for exploitation. Law 5: when in doubt, see law 1.
What's non-bailable?
Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person cannot ask to be released on bail as a matter of right.
What are the limitations of the IT Act 2000?
Various kinds of cybercrimes such as cyberstalking, cyber fraud, chat room abuse, theft of internet hours, and many more are not covered by this Act. The IT Act has also failed to address critical issues such as privacy and content regulation.
What is the purpose of the IT Act?
The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cyber crimes and prescribes penalties for the civil wrongs.
What is the difference between Section 67 and 67A of the IT Act?
Sections 67, 67A, and 67B are pivotal in this regard. Section 67 deals with the publication or transmission of obscene material in electronic form. Section 67A escalates the penalty for material containing sexually explicit acts.
Who challenged section 66A in court?
On seeing this situation People's Union for Civil Liberties, a non-governmental organization moved the Supreme Court with the complaint that Section 66A was being invoked in some courts.
What is the punishment for cyber cheating?
Punishment can extend to 3 years of imprisonment and a fine. Section 66C - Identity Theft: Penalizes fraudulent or dishonest use of electronic signatures, passwords, or other unique identification features. The punishment can extend to 3 years of imprisonment and a fine of up to ₹1 lakh.
What is the punishment for Section 66C of the IT Act?
Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
Who investigates cybercrime?
Welcome to the Internet Crime Complaint Center. The Internet Crime Complaint Center (IC3) is the central hub for reporting cyber-enabled crime. It is run by the FBI, the lead federal agency for investigating crime. For more information about the IC3 and its mission, please see the About Us page.
Who is the most wanted hacker of all time?
Who was Kevin Mitnick? Kevin Mitnick was once the FBI's Most Wanted hacker. After his release, he became a world-renowned and trusted cybersecurity consultant, author, and speaker. He founded Mitnick Security, using his unique skills to help organizations protect themselves from cyber threats.
What is the highest punishment for cyber crime?
Cybercrime penalties vary by jurisdiction and severity but can include fines and imprisonment, with punishments like 3 years in prison and up to a ₹5 lakh fine for offenses like hacking, and up to life imprisonment for cyber terrorism.