Punishment for dishonestly receiving stolen computer resource or communication device
As we have discussed in the earlier articles, under the amended Information Technology Act, Section 66 has been completed amended to remove the definition of hacking. Amendments also introduced a series of new provisions under Section 66 covering almost all major cybercrime incidents.
In this article, we will have a look at the provisions of Sec. 66B which is about retaining or receiving a stolen computer resource or a communication device.
The section reads as –
Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.
This section applies –
- Only if the person knows or has a reason to believe that the computer resource or the communication device is stolen.
- Any stolen computer resource, or
- to a person who dishonestly receives or retains
- Any stolen communication device.
Here, term ‘computer resource’ means –
‘Computer resource’ as defined under Section 2 (1)(k) of the IT Act, 2000
Computer/computer, System/computer network/data/computer data base or software.
Hence, this provision can also be applied in the event of ‘data theft’.
- Dinesh is working as an office boy in Calsoft systems Pvt. ltd. – a renowned IT company. Although his work profile is low, he has a habit of playing gambling, because of which he is always in need of money. One day, he noticed that, Priyanka, who is a company secretary of Calsoft has forgot her iPad in the office. He has stolen the iPad and sold it to Dheeraj, his friend who knew that the iPad is stolen. Dheeraj can be prosecuted under this provision.
- Dinesh is working as an office boy in Calsoft systems Pvt. ltd. – a renowned IT company. Dinesh was infamous in the office as a greedy person who is always behind money and lavish lifestyle. One day, he noticed that, Priyanka, who is a company secretary of Calsoft has forgot her laptop in the office. Dinesh stolen the laptop, took it home and given to his kids to play with. Dheeraj can be prosecuted under this provision.