IT Act Section 66C: Identity Theft and Punishment

AI-assisted general information. Not individually reviewed by an advocate or qualified legal translator. Source check covers the linked passages, not a complete amendment or subsequent-case review.

Short answer

Section 66C of the Information Technology Act, 2000 addresses fraudulent or dishonest use of another person's electronic signature, password or other unique identification feature. It provides imprisonment up to three years and liability to a fine up to ₹1 lakh. A lost password or suspicious message alone does not establish every element of the offence.

What must be distinguished?

Identify whose credential was used, what was done with it and the evidence of fraudulent or dishonest use. Authorised access, an accidental login and a disputed transaction are not interchangeable factual situations. The legal classification depends on the records and applicable law, rather than the label 'hacking'.

Section 66C compared with Section 66D

Section 66C focuses on misuse of another person's identifying feature. Section 66D focuses on cheating by pretending to be someone else through a communication device or computer resource. The facts may raise more than one provision, but neither section should be added automatically to every online dispute.

What should you prepare?

Make a dated account of the suspected misuse and distinguish what you observed from what you infer. Keep original messages and provider acknowledgements. Use official account-recovery channels. For a financial loss, use the bank and official reporting routes promptly; do not wait for an AI explanation or assume a report guarantees recovery.

Records to prepare

  • Account or service involved, with sensitive credentials removed from any shared copy.
  • Original messages, sender details, relevant timestamps and available login alerts.
  • Transaction references and acknowledgements from the bank or service provider.
  • A record of permission given, withdrawn or disputed; keep original files unchanged.

Questions and answers

Is Section 66C the same as a refund remedy?

No. It is a penal provision. Reporting suspected identity theft does not itself obtain a refund or establish liability.

Should I send my password as evidence?

Do not place passwords, OTPs or access tokens in a public form or AI chat. Ask the investigating authority or qualified adviser how to provide necessary records securely.

Sources and check scope

Source passages checked: . Source titles and original documents may be in English.

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