Information Technology Act MCQ Quiz - Objective Question with Answer for Information Technology Act - Download Free PDF

The correct answer is 'Offence punishable with less than 3 years' imprisonment'

Key Points

• Section 77B of the Information Technology Act:
  • Section 77B of the IT Act specifically addresses the classification of offences as bailable or non-bailable.
  • According to this section, offences punishable with imprisonment for a term of less than three years are classified as bailable offences.
  • In a bailable offence, the accused has the legal right to be granted bail, which ensures that they are not detained unnecessarily during the trial process.
  • This provision ensures that minor offences under the IT Act, which carry lighter penalties, are treated with leniency while balancing the need for justice.
• Incorrect Options:
  • Offence punishable with 7 years’ imprisonment:
    • Offences carrying a punishment of 7 years are considered more severe and are generally non-bailable under the IT Act.
    • Such cases often involve serious crimes such as cyber terrorism or breaches of national security.
  • Offence punishable with life imprisonment:
    • Offences punishable with life imprisonment are the most severe and are non-bailable under the IT Act.
    • These offences typically involve highly aggravated crimes that pose a significant threat to public safety or national interests.
  • Offence punishable with exactly 3 years’ imprisonment:
    • While offences with less than three years’ imprisonment are bailable, those punishable with exactly three years may be treated differently based on judicial interpretation and the nature of the crime.
    • Such offences may fall into a grey area and might not always qualify as bailable under Section 77B.
• Importance of Section 77B:
  • This section provides clarity on the legal categorization of offences and their corresponding treatment during judicial proceedings.
  • It ensures proportionality in the handling of crimes under the IT Act, distinguishing between minor and serious offences.

The correct answer is 'Police officer not below the rank of Inspector'

Key Points

• Section 78 of the Information Technology (IT) Act, 2000:
  • This section specifies the authority responsible for investigating offences under the IT Act.
  • It mandates that only a police officer not below the rank of Inspector is authorized to investigate offences under this Act.
  • This provision ensures that investigations are handled by experienced and capable officers with adequate training and knowledge of the law, especially given the technical nature of cybercrimes.
  • The rank requirement minimizes the risk of misuse of authority and ensures proper procedural compliance during the investigation.
• Explanation of Incorrect Options:
  • Any head constable:
    • A head constable is a lower-ranked police officer and is not authorized under Section 78 to investigate offences under the IT Act.
    • The complexity of cybercrimes and the legal framework requires officers of higher ranks with specialized training.
  • Magistrate only:
    • While magistrates play a crucial role in judicial proceedings, they do not conduct investigations. Their role is to oversee and ensure the legality of the investigation process and to deliver judgments based on evidence presented.
  • CID officer only:
    • CID (Criminal Investigation Department) officers do investigate crimes, but Section 78 does not specifically limit the authority to CID officers. The Act only specifies that the officer must be of the rank of Inspector or above, regardless of the department.
• Importance of Section 78:
  • This section helps ensure that cybercrime investigations are conducted by officers with sufficient rank, experience, and accountability.
  • It also reinforces the seriousness of cybercrimes and the need for skilled personnel to handle such offences.

The correct answer is 'The content was published in interest of art or science'

Key Points

• Sections 67, 67A, and 67B of the Information Technology Act:
  • These sections deal with the publication, transmission, or sharing of obscene, sexually explicit content, or child pornography through electronic means.
  • Section 67 specifically prohibits publishing or transmitting obscene material in electronic form.
  • Section 67A addresses material that is sexually explicit, while Section 67B pertains to material depicting children in sexually explicit acts.
  • Violating these provisions can lead to stringent penalties, including imprisonment and fines.
• Defence under these sections:
  • A valid defence under these sections is when the content is published or transmitted in the interest of art, science, literature, or learning, or for other purposes such as research or education.
  • This defence recognizes that certain forms of content, though sensitive in nature, may serve a legitimate purpose in these fields and are not intended to cause harm or exploitative behavior.
  • The burden of proving that the content was shared for such purposes lies with the accused.
• Other options explained:
  • The act was committed from a foreign location: This is not a valid defence. The IT Act has extraterritorial jurisdiction under Section 75, meaning it applies to offences committed outside India if the computer system or network involved is located in India.
  • The accused was unaware of the content: Mere lack of awareness is not a valid defence. The prosecution must prove intent, but the accused cannot claim ignorance without sufficient evidence to support it.
  • The material was kept in personal storage: While personal storage might indicate the material was not intended for public transmission, it does not automatically provide immunity from the provisions of these sections.

The correct answer is '2 years and ₹1 lakh fine'

Key Points

• Overview of Section 72 of the Information Technology Act:
  • Section 72 of the Information Technology Act, 2000 deals with the breach of privacy and confidentiality of information.
  • It applies to any person who, while exercising powers under the IT Act, gains unauthorized access to electronic records, documents, or personal data and discloses this information without consent.
  • The provision aims to protect individuals' privacy in the digital era where sensitive information can be easily accessed and misused.
• Maximum Punishment under Section 72:
  • The maximum punishment for a breach of privacy under this section is imprisonment for up to 2 years or a fine of up to ₹1 lakh, or both.
  • This penalty is meant to deter individuals or organizations from misusing personal data or confidential information.
• Analysis of Incorrect Options:
  • Option 1 (3 years and ₹2 lakh fine): This is incorrect because Section 72 prescribes a maximum punishment of 2 years, not 3 years, and a fine of ₹1 lakh, not ₹2 lakh.
  • Option 3 (5 years and ₹5 lakh fine): This is also incorrect as such a severe penalty applies to different provisions of the IT Act, such as hacking under Section 66, but not under Section 72.
  • Option 4 (Only civil penalty): This is incorrect because Section 72 includes both criminal punishment (imprisonment) and a monetary fine, not just a civil penalty.
  • Option 5 (Blank): This is not a valid option and does not provide any relevant information.
• Other Relevant Provisions:
  • Section 72A of the IT Act deals with the disclosure of information in breach of a lawful contract, which also provides penalties for misuse of personal data but is distinct from Section 72.
  • To address concerns about data privacy, India has also introduced the Digital Personal Data Protection Act, 2023, which provides a comprehensive framework for safeguarding personal data.

The correct answer is 'Section 72'

Key Points

• Section 72 of the Information Technology (IT) Act, 2000:
  • Section 72 specifically deals with the penalty for a breach of confidentiality and privacy under the IT Act, 2000.
  • It penalizes individuals who, without the consent of the person concerned, disclose information obtained while providing services under the IT Act.
  • The punishment under this section includes imprisonment for up to two years, or a fine of up to ₹1 lakh, or both.
  • This provision plays a critical role in safeguarding the confidentiality of sensitive personal information in a digital ecosystem.

Additional Information

• Section 67:
  • This section penalizes the publishing or transmission of obscene material in electronic form.
  • It is unrelated to confidentiality or privacy breaches and is aimed at curbing obscenity in cyberspace.
• Section 67A:
  • Section 67A deals with the publication or transmission of material containing sexually explicit acts in electronic form.
  • It is an extension of Section 67 but focuses on sexually explicit content rather than general obscenity or privacy breaches.
• Section 78:
  • Section 78 authorizes police officers, not below the rank of Inspector, to investigate offenses under the IT Act.
  • It is procedural and does not deal with confidentiality or privacy breaches.

Section 65 of the Information Technology Act of 2000, updated in 2008, stealing any digital asset or information is considered as cyber crime

Section 65:

Tampering with computer source documents: Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system, or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

The correct answer is Option 2.

Key PointsSection 84 in The Information Technology Act, 2000

• Protection of action taken in good faith.-
  • No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Controller or any person acting on behalf of him, the Presiding Officer, adjudicating officers and the staff of the Cyber Appellate Tribunal for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation or order made thereunder

Key Points

 Information Technology Act. 2000:

• With passing the Information Technology Act of 2000, India became the 12th nation to adopt cyber legislation.
• The Information Technology Act of 2000 gives transactions made via electronic data interchange, other electronic means of communication, or electronic commerce a legal status.

Important Points Section 4 - Legal recognition of electronic records:

Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is–

• rendered or made available in an electronic form; and
• accessible so as to be usable for a subsequent reference. 

Chapter XI of Information Technology Act. 2000 - Offences

Cyber offences are illegal acts that are carried out in a highly technical manner, either using computers as a tool, a target, or both.

The offenses included in the IT Act 2000 are as follows:

• Tampering with the computer source documents. (Section 65)
• Hacking with computer system (Section 66)
• Publishing of information which is obscene in electronic form (Section 67)
• Power of Controller to give directions (Section 68)
• Directions of Controller to a subscriber to extend facilities to decrypt information (Section 69
• Protected system (Section 70)
• Penalty for misrepresentation (Section 71)
• Penalty for breach of confidentiality and privacy (Section 72)
• Penalty for publishing Digital Signature Certificate false in certain particulars (Section 73)
• Publication for fraudulent purpose (Section 74)
• Act to apply for offense or contravention committed outside India (Section 75)
• Confiscation (Section 76)
• Penalties or confiscation not to interfere with other punishments (Section 77)
• Power to investigate offenses (Section 78)

Chapter IX deals with Penalties, Compensation and Adjudication: This chapter describes the various penalties and compensations to be paid in context to various offenses.

Chapter X deals with Appellate Tribunal: This chapter describes the various powers, procedures and rights in connection with the Appellate Tribunal.  

Both Chapter IX and X of IT Act 2000 covers Justice dispensation system for cyber-crimes.

Hence, (A), (C), (E) Only are true. 

The correct answer is A, B, C, D, E.

Key PointsThe correct sequence is: 

A. Check susceptibility to threat. Much of the accounting is done through cloud accounts or other online systems.
Using CATT, auditors can assess the susceptibility of the accounting system to various threats, especially those related to online or cloud-based accounts. This step involves identifying potential risks and vulnerabilities in the system.

B. Evaluating the system
CATT helps auditors evaluate the information system by assessing its design, functionality, and effectiveness in achieving its objectives. This step involves examining the system's controls and processes.

C. Data security
CATT can be used to assess the security measures in place to protect sensitive data. It helps auditors identify any vulnerabilities or risks related to data security and provides recommendations for enhancing security measures.

D. Bolsters controls
CATT aids in strengthening internal controls by identifying weaknesses or gaps in the system. It allows auditors to test the effectiveness of controls and make recommendations for improving control mechanisms.

E. Develop IT Governance
Using CATT, auditors can evaluate the organization's IT governance framework. This step involves assessing the alignment of IT strategies and objectives with overall business goals and providing insights into improving IT governance practices.

Therefore, the correct sequence is:

A. Check susceptibility to threat. Much of the accounting is done through cloud accounts or other online systems.
B. Evaluating the system
C. Data security
D. Bolsters controls
E. Develop IT Governance

The correct answer is 2000.

Key Points

• The Information Technology Act, 2000, was enacted by the Parliament of India to provide a legal framework for electronic governance.
• This Act is the primary law in India dealing with cybercrime and electronic commerce.
• The IT Act, 2000, was signed into law by then-President K.R. Narayanan on 9 June 2000 and came into force on 17 October 2000.
• It aims to facilitate electronic transactions and ensure security practices to protect data and privacy.
• The Act includes provisions for digital signatures, electronic records, and the legal recognition of electronic contracts.

Additional Information

• Cybercrime:
  • Cybercrime refers to criminal activities conducted via the internet or other computer networks.
  • Examples include hacking, identity theft, phishing, and spreading malware.
  • The IT Act, 2000, addresses various forms of cybercrime and lays down the penalties for such offenses.
• Electronic Commerce:
  • Electronic commerce, or e-commerce, involves buying and selling goods and services over the internet.
  • The IT Act, 2000, provides legal recognition to electronic transactions and digital signatures.
  • This has facilitated the growth of online businesses and digital marketplaces in India.
• Digital Signature:
  • A digital signature is a mathematical scheme for verifying the authenticity of digital messages or documents.
  • The IT Act, 2000, provides legal validity to digital signatures, making them equivalent to handwritten signatures.
  • This ensures the integrity and authenticity of electronic documents.
• Data Protection:
  • Data protection refers to safeguarding personal data from unauthorized access, disclosure, or misuse.
  • The IT Act, 2000, includes provisions to protect sensitive personal data and to ensure data privacy.
  • Organizations are required to implement security practices to protect data under this Act.

The correct answer is option 2Key Points

• Section 78 of the Information Technology Act, 2000 deals with Power to investigate offences.
• Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of Inspector shall investigate any offence under this Act.

The correct answer is option 1Key Points

•  In the case of Shreya Singhal v. Union of India, AIR 2015 SC 1523, the supreme court of India has tried to balance between rights guaranteed in Article 19(1)(a) and reasonable restrictions under Article 19(2).
• In remarks of the judgment, the Supreme Court has rightly and clearly observed that "when it comes to democracy, liberty of thought and expression is a cardinal value that is of paramount significance under our constitutional scheme".
• Hence, supreme Court struck down Section 66A of the Information Technology Act, 2000.

The correct answer is Option 3.

Key Points

• According to Section 85 of the Information Technology Act, 2000, an officer of a company is not liable to punishment if they can prove that the contravention occurred without their knowledge or that they took all reasonable steps to prevent it. 
  • However, if a company contravenes the act and it can be proven that a director, manager, secretary, or other officer of the company is responsible for the contravention through consent, connivance, or gross negligence, then that officer is liable to punishment.
• Some examples of contraventions of the Information Technology Act, 2000 include:
  • Sending harassing messages to a minor
  • Publishing sexually explicit materials online
  • Video voyeurism
  • Data leakage by an intermediary
  • Phishing
  • Identity theft
  • Sending offensive messages through communication services 

The act that provides the legal framework for e-Governance in India is the IT Act 2000.

With the advent of the Internet and the growing penetration of the Internet in India, the government has commenced shifting its functions to the Internet. India aims to regulate all digital activity through the Information Technology Act 2000. The Act contains detailed provisions regarding electronic governance.

The Information Technology (Amendment) 2008 Act has been debated since it was passed by the Indian Parliament in December 2008, about a month after the terrorist attacks in Mumbai. The new IT Act empowers the Indian government to intercept, monitor, and decrypt computer systems, resources, and communication devices.

The objective of this Indian Penal Code is to provide a general Penal Code for India. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offenses have been created in addition to this code.

 Hacking is a punishable offense in India with imprisonment up to 3 years, or with fine up to 5 lakh rupees, or with both.

• Hacking refers to activities that seek to compromise digital devices, such as computers, smartphones, tablets, and even entire networks. 
• Chapter IX Section 43 of IT act, 2000 prescribes a penalty for damage to computer or computer system.
• It is a common thing that happens whenever a computer system is hacked.

Key Points

• The punishment for hacking is given in Section 66 of the IT Act, 2000.
• ​If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.