Discussion
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 ?
Answer: D
Criminal liability arises when the act is done dishonestly or fraudulently in addition to unauthorised access.
Section 43 of the Information Technology Act, 2000 lists acts such as accessing, downloading from or damaging a computer system without the owner's permission, and makes the wrongdoer liable to pay compensation. Section 66 turns the same acts into an offence, punishable with imprisonment up to three years or fine up to five lakh rupees or both, when they are done dishonestly or fraudulently in the sense of the penal law.
So the dividing line is the mental element, not the size of the loss or the victim's choice of forum. Access without permission and without that intent stays within civil compensation.
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