Phishing is a form of cybercrime where an attacker masquerades as a legitimate entity to trick individuals into providing sensitive information, such as passwords, credit card numbers, or personal details. This is typically done via emails, messages, or websites designed to appear trustworthy. Once the victim submits the information, the attacker can use it for malicious activities such as identity theft, financial fraud, or unauthorized access to accounts.
Legal Provisions for Phishing in India
In India, phishing is addressed under various provisions of the Information Technology (IT) Act, 2000, and related laws. Some key legal measures include:
- Section 66C (Identity Theft):
- This section deals with identity theft, which is a common result of phishing attacks. It punishes the fraudulent use of another person’s identity, including digital signatures, passwords, or other unique identification features.
- Punishment: Imprisonment up to 3 years and/or a fine up to ₹1 lakh.
- Section 66D (Cheating by Personation by using Computer Resource):
- This section specifically deals with cases where someone cheats by pretending to be another person through electronic communication, a common practice in phishing scams.
- Punishment: Imprisonment up to 3 years and a fine up to ₹1 lakh.
- Section 43 (Penalties and Compensation for Damage to Computer Systems):
- This section provides for compensation if someone causes damage to a computer, computer system, or network by accessing it without authorization, which can be relevant in phishing cases.
- Compensation: Varies depending on the extent of damage.
- Section 66 (Hacking with Computer Systems):
- Although not specific to phishing, this section deals with unauthorized access to computers and data, which often follows phishing attacks.
- Punishment: Imprisonment up to 3 years and a fine up to ₹5 lakh.
- Indian Penal Code (IPC):
- In addition to the IT Act, certain provisions of the IPC are also applicable, such as:
- Section 419 (Punishment for Cheating by Personation): Imprisonment up to 3 years.
- Section 420 (Cheating and Dishonestly Inducing Delivery of Property): Imprisonment up to 7 years and a fine.
These provisions provide a legal framework to combat phishing in India, allowing for prosecution and penalties for those who engage in such cybercrimes.