In the digital age, where almost everything is connected to the internet—from banking systems to personal photos—unauthorized access to data or computer systems is more than just mischief—it’s a crime. India’s Section 66 of the Information Technology Act, 2000 directly addresses such offences under the umbrella term: hacking.
If you’re wondering what constitutes hacking in the eyes of Indian law and what consequences follow, you’re in the right place.
📘 What is Section 66?
Section 66 deals with “Computer-related offences”, and applies when a person, with dishonest or fraudulent intent, hacks into any computer, network, or data system.
In simple terms, if someone illegally gains access to a system and manipulates, steals, deletes, or destroys information, and it’s done with bad intent (like personal gain or to cause harm), they are punishable under this section.
🔍 Legal Breakdown of Section 66
| Component | Explanation |
|---|---|
| Nature | Criminal |
| Requires Intent? | Yes – must involve dishonest or fraudulent intention |
| Punishment | Up to 3 years imprisonment and/or fine up to ₹5 lakh |
| Cognizable? | Yes |
| Bailable? | Yes |
🧠 Real-Life Scenario
Let’s say an ex-employee of a startup uses his old admin credentials to access the company dashboard. He downloads confidential reports and shares them with a competitor.
Even if he didn’t destroy or deface any data, this action still qualifies as hacking under Section 66 because:
- Access was unauthorized.
- Intent was dishonest (gain to one party, loss to another).
🧩 What is Considered Hacking?
The term “hacking” covers a broad range of unauthorized digital activities. These include:
- Gaining access to someone’s email, cloud storage, or social accounts
- Stealing passwords or login tokens
- Deleting/modifying files without consent
- Injecting malicious code (like keyloggers or Trojans)
- Accessing internal files of organizations or institutions
Even if no financial theft occurs, unauthorized actions with intent to harm or deceive can attract Section 66.
🔗 Related Reference:
To read the official text of Section 66, visit the India Code Portal.
You can also explore cybersecurity measures recommended by CERT-In (Computer Emergency Response Team India) to protect your systems from such attacks.
🛑 Difference Between Section 43 and Section 66
| Feature | Section 43 | Section 66 |
|---|---|---|
| Type of Offence | Civil | Criminal |
| Intent Required | No | Yes (fraudulent/dishonest) |
| Penalty | Compensation | Jail + Fine |
| Example | Accidental or negligent access | Intentional hacking or sabotage |
🧾 How to File a Case Under Section 66?
- Collect Digital Evidence: Screenshots, IP logs, timestamps.
- File an FIR: Visit your local cybercrime cell or police station.
- Report to CERT-In (optional): For larger breaches or national importance.
- Legal Counsel: Engage a cyber law expert to strengthen your complaint.
✍️ Final Thoughts
In today’s interconnected world, hacking is no longer a game—it’s a serious offence with real consequences. Section 66 of the IT Act is designed to ensure accountability, deterrence, and justice in the digital space.
Whether you’re a company owner, a developer, or just someone using the internet daily, knowing your rights under Section 66 helps you stay informed and protected.