Information Technology Act 2000

Web Phishing activities mostly cause criminal activities by deceiving the victims and pretending to be some other sites. This is done to get the personal informations of the victim which is then to be misused and cause problem to the victim. The following Sections of the Information Technology Act, 2000 are applicable to the Phishing Activity:

• Section 66: The account of the victim is compromised by the phisher which is not possible unless & until the fraudster fraudulently effects some changes by way of deletion or alteration of information/data electronically in the account of the victim residing in the bank server. Thus, this act is squarely covered and punishable u/s 66 IT Act.

• Section 66A: The disguised email containing the fake link of the bank or organization is used to deceive or to mislead the recipient about the origin of such email and thus, it clearly attracts the provisions of Section 66A IT Act, 2000.

• Section 66C: In the phishing email, the fraudster disguises himself as the real banker and uses the unique identifying feature of the bank or organization say Logo, trademark etc. and thus, clearly attracts the provision of Section 66C IT Act, 2000.

• Section 66D: The fraudsters through the use of the phishing email containing the link to the fake website of the bank or organizations personates the Bank or financial institutions to cheat upon the innocent persons, thus the offence under Section 66D too is attracted.

Reference :Aarora, N. (March 14, 2011). Phishing Scams in India and Legal Provisions. Retrieved from http://www.neerajaarora.com/phishing-scams-in-india-and-legal-provisions/