Section 66C: Punishment for Identity Theft

Information Technology Act • Official Statutory Text & Practice Guide

Bailable
Cognizable
Judicial Magistrate First Class
Act 2000

Legal Commentary & Landmark Judgments: Section 66C

Section 66C of the Information Technology Act prescribes criminal punishment of imprisonment up to three years and fine up to one lakh rupees for identity theft, including the fraudulent use of another person's password, electronic signature, or unique identification feature.

  • Digital Infrastructure Jurisdiction: Section 66C of the IT Act specifically penalizes identity theft, imposing imprisonment up to three years and a fine up to one lakh rupees for fraudulently using electronic signatures or passwords.
  • Penal Consequences & Liability: Whoever, fraudulently or dishonestly, makes 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 one lakh rupees.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:
  • State (NCT of Delhi) v. Afsar Alam (2018): The court convicted the accused under Section 66C for unauthorized interception and fraudulent use of banking OTPs and ATM PINs to execute online financial fraud, holding that digital credential theft falls squarely within identity theft.
Legal Commentary:

Section 66C is the principal statutory provision invoked in online banking fraud, SIM swap frauds, phishing scams, and unauthorized takeover of social media accounts. The prosecution need only prove dishonest or fraudulent usage of the victim's digital credentials.