Question

Section 43 of the Information Technology Act deals with

• A. Criminal liability
• B. Civil liability
• C. Both the above
• D. None of the above

Hint:

A simple way to distinguish liabilities under the IT Act: if the provision talks about "compensation" or "penalty" and an "Adjudicating Officer," it's a civil liability (e.g., S. 43, 43A). If it talks about "imprisonment" and "fine," it's a criminal liability (e.g., S. 66, 67).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The Information Technology Act, 2000, prescribes both civil and criminal liabilities for various cyber contraventions and crimes. It is important to distinguish between the two. Civil wrongs typically result in penalties or compensation, adjudicated by an Adjudicating Officer, while criminal offenses result in imprisonment and/or fines, tried by a criminal court.
Step 2: Detailed Explanation:
Section 43 of the IT Act is titled "Penalty and compensation for damage to computer, computer system, etc."
This section lists various unauthorized acts, such as accessing or downloading data without permission, introducing computer viruses, damaging a computer system, or denying access to an authorized person.
If a person commits any of these acts without the permission of the owner, they "shall be liable to pay damages by way of compensation to the person so affected."
The remedy provided is compensation, not imprisonment. Matters under Section 43 are adjudicated by an Adjudicating Officer appointed under the Act. This clearly places it in the realm of civil liability.
Criminal liabilities, on the other hand, are dealt with in a different chapter of the Act, such as Section 66 (Hacking), Section 66A (now struck down), Section 66B (Stolen computer resource), etc., which prescribe imprisonment and fines.