Question

The Information Technology Act, 2000, distinguishes between civil liability and criminal liability in case of misuse of computer resources. In which of the following situations would such conduct attract criminal punishment rather than mere compensation?

• A. When the affected party chooses to initiate criminal proceedings
• B. When the act is done dishonestly or fraudulently in addition to unauthorised access
• C. When the damage to computer resources exceeds a prescribed monetary limit
• D. When access to a computer system is without permission, irrespective of intent

Hint:

For IT Act questions remember: \[ \text{Unauthorized Access} = \text{Civil Liability} \] but \[ \text{Unauthorized Access} + \text{Dishonest/Fraudulent Intent} = \text{Criminal Liability} \] Intent is the key examination keyword.

Answer 1

The Correct Option is B

Step 1: Understand the question.
The Information Technology Act, 2000 separates civil liability from criminal liability for misuse of computers. We must find when the conduct becomes a criminal offence rather than just leading to compensation.

Step 2: Know the dividing idea.
The key difference is the presence of a guilty mind (mens rea). Civil liability arises from unauthorized acts causing loss. Criminal liability needs a dishonest or fraudulent intention.

Step 3: Look at civil liability.
A person may face civil liability when he accesses a computer without permission, downloads data without authority, plants a virus, or causes damage. Here the affected party may get compensation.

Step 4: Apply Section 66.
Section 66 says that when acts covered by Section 43 are done dishonestly or fraudulently, the conduct becomes a crime. So unauthorized access alone may give compensation, but unauthorized access with criminal intent leads to punishment.

Step 5: Understand dishonest or fraudulent intent.
Such intent involves wrongful gain or loss, data theft, financial fraud, identity theft, or deception for unlawful advantage.

Step 6: Check the options and answer.
Criminal liability does not depend on the victim's choice, nor on crossing a money limit, nor on mere access without intent. It needs the act to be done dishonestly or fraudulently along with unauthorized access.

\[ \boxed{\text{When the act is done dishonestly or fraudulently in addition to unauthorised access}} \]