The Rajya Sabha on February 02, 2024, issued the Information Technology (Amendment) Bill, 2023 to further amend the Information Technology Act, 2000.
The following amendments have been stated:
• After section 66F which states Punishment for cyber terrorism, the following new section shall be inserted, namely: —
"66G. (1) The following acts shall be considered punishable offences, when committed against a woman, with the intention to intimidate or discredit her or force her to express a certain view, opinion or observation, or to force her to state any view, opinion or observation or to force her to refrain from expressing a certain view, opinion or observation:—
(a) threat of physical violence against a woman, her family or her property;
(b) threat of sexual assault;
(c) threat to reveal personal information including, but not limited to, her location, place of work and any other relevant detail which may be used to harm her physically or mentally;
(d) threat to spread false information about her;
(e) threat to question a person's citizenship or imputation of disloyalty to India;
(f) the threat of false prosecution; and (g) abuse based on religion, caste or sexuality.
(2) The offences referred to in section 66G (1) shall be cognizable and nonbailable and shall be punishable in the following manner:
(i) For the first offence, the person shall be punishable with a maximum punishment of three years or with a fine of up to fifty thousand rupees.
(ii) For the second offence, the person shall be punishable with a maximum punishment of seven years and with a fine of up to four lakh rupees.
(iii) For the third and subsequent offences, the person shall be punishable with a maximum punishment of ten years and with a fine of up to ten lakh rupees:
Provided that the offence under section 66G shall be compoundable at the discretion of the victim
(3) If any threat punishable under section 66G is carried out by the person making such threat or any other person incited by such person, the punishment shall be ten years imprisonment and with a fine of up to ten lakh rupees.
(4) Any amount imposed as a fine under this section shall be paid to the victim as compensation."
• After, section 67B which states Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form, the following new section shall be inserted, namely: —
"67BA. (1) Any person who is the victim of any offence under sections 66E, 66G, 67, 67A or 67B of this Act or a police officer investigating the same, shall have the right to approach the jurisdictional Magistrate for grant of an injunction against the accused, or any other person, company, organisation or entity for deletion of the offensive text, image, audio, video or other format and for prohibition from storing, retransmitting or repeating the offensive text, image, audio, video or other format, as the case may be.
(2) The Magistrate shall grant the injunction without notice to the accused if he is satisfied that prima facie, a case of an offence under sections 66E, 66G, 67, 67A and 67B of this Act exists.
(3) The order of the Magistrate under sub-section (2) shall also be served upon any person, company, organisation or entity in conformity with the provisions of this Act and the rules made thereunder for compliance.
(4) Any application under sub-section (1) shall be decided on the same day: Provided that for reasons to be recorded, the Magistrate may dispose of the application within seven days.
(5) The injunction under sub-section (2) may be granted at the instance of the victim or of the investigating officer.
(6) Any order passed under this section shall be subject to revision in accordance with section 397 of the Code of Criminal Procedure, 1973."
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
[BILL NO. LXII OF 2023]
