COMPUTER CRIMES

A person commits a “computer crime” when he or she:

1. accesses a computer system without authorization;

2. accesses or uses a computer system to obtain unauthorized computer services (including computer access, data processing, and data storage);

3. intentionally or recklessly disrupts, degrades, or causes disruption or degradation of computer services or denies or causes denial of computer services to an authorized user; or

4. intentionally or recklessly tampers with, takes, transfers, conceals, alters, or damages any equipment used in a computer system.

It is also a computer crime to misuse computer system data. A person commits this crime by:

1. accessing a computer system to use, disclose, or copy data residing in, communicated by, or produced by a computer system;

2. intentionally or recklessly and without authorization

 (a) tampering with, damaging, or taking data intended for use by a computer system 

or 

(b) intercepting or adding to data residing within a computer system;

3. knowingly receiving or retaining data obtained through misuse of computer system information; or

4. using or disclosing data he or she knows or believes was obtained through misuse of computer system information 

The punishment for committing one of these computer crimes depends on the damage caused and risk of harm created.

UNAUTHORIZED USE OF COMPUTER OR COMPUTER NETWORK

It is a crime to use a computer or computer network without authority and with the intent to:

1. temporarily or permanently remove, halt, or disable computer data, programs, or software;

2. cause a computer to malfunction;

3. alter or erase computer data, programs, or software;

4. create or alter a financial instrument or an electronic funds transfer;

5. cause physical injury to another's property;

6. make or cause to be made an unauthorized copy of computer data, programs, or software residing in, communicated by, or produced by a computer or computer network; or

7. falsify or forge email information or other routing information in any manner in connection with the transmission of unsolicited bulk email through or into the computer network of an electronic mail service provider or its subscribers.

Computer Crime

Anyone who believes a person has engaged, is engaging, or is about to engage in a computer crime can file a civil action for (1) a temporary or permanent order preventing the activity; (2) restitution; or (3) appointment of a receiver.

courtesy - https://www.cga.ct.gov/2012/rpt/2012r-0254.htm

Points from case 

- Kamalakanta Tripathy @ Babuli v. State Of Odisha, (Orissa)👇

Hacking " in a layman's understanding simply means gaining unauthorized access to a computer or a computer network. When a person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means with intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person, he is said to have committed an offence of hacking under Section 66 of the Act. The person, who commits an offence of hacking is called "hacker". However, over time, such knowledge of electronic intrusion has been weaponized by wanton elements to wreak vengeance or blackmail hapless victims. Plainly put, within the legal confines, hacking , means willful and malicious computer trespassing and make a critical impact on the network security. The culpability of hacking depends on the presence of mens rea or the object with which the act was carried out for it to be punishable under Section 66 of the IT Act.

 Section 43 of the of Information Technology Act, 2002  provides for a host of offences which have been made punishable including when any person without permission of the owner of a computer or computer network accesses such computer or computer network and downloads, copies or extracts any data or information from such computer or computer network shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected. Such an offence in common parlance is referred to as " HACKING "