The mobile has started playing a vital role in the life of mankind. The usage of mobile has increased to many folds. The evolution of mobile has changed the day-to-day need of humankind and the same has also increased the crime graphs in this field. The crime related to mobile has also increased by many folds.

In law, a mobile is a computer device. The Indian Parliament for the first time introduced a law to govern the laws and offences relating to computers and mobiles in the name of the Information Technology Act, 2000 which oversees all the laws relating to mobiles and computers. Under the IT Act, 2000, the mobile is a device that falls under the category of computer. The definition of computer is vast to include all kinds of mobile phones since all these mobile devices are data processing devices or such systems which perform logical, arithmetic, and memory functions. Prior to the introduction of their, Act 2000, the offences done in this regard were governed under various provisions of the Indian Penal Code.

Seeing the increase in the use of mobile phones, an amendment in the IT Act was brought by the parliament in 2008. The amendment in the IT Act, 2000 applies to communication devices, personal digital assistance, smartphones etc.

Presently in almost every FIR lodged by the police, the mobile has become an instrument for arresting the accused persons and collecting the evidence. The location of the accused is traced by the police, which helps the police in proving the guilt and also finding out the truth. 

Communication Device

Section 2(1)(ha) of the IT Act defines “Communication Device” as it means cell phones, personal digital assistance, or a combination of both or any other device used to communicate, send or transmit any text, video, audio, or image. Therefore, mobile devices were brought under the IT (Amendment) Act, 2008 for the first time for regulating mobile devices.

Cyber Security

The amendment in the Act also brought further changes in the Act and section 2(1) (nb) which is “Cyber Security” defined as “Cyber security means protecting information, equipment, device computer, computer resource, communication device and information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction” was also introduced in the Act.

Penalties And Compensation

Section 43 of the IT Act provides for penalties and compensation for damages to the computer, computer system etc which includes mobile and communication devices and the person causing damage to such devices is liable to pay damages by way of compensation to the person so affected. The damages are mentioned in sections 43 (a) to (j) of the IT Act, 2000 and also explanation (i) and (v).

Section 43A was inserted by the 2008 amendment and it provided for fiduciary responsibility to protect data in a statutory manner and also makes the failure to protect data a ground for seeking damages by way of compensation to the person so affected.

Section 66 of the Information Technology Act, 2000 is a very significant and strict provision of the Act for the protection of various rights of people in mobile laws. It is the most significant provision for e-commerce legislation and cyber laws. This provision has also been amended by the parliament by the IT (Amendment Act) 2008 which reads as under:-

“[66 Computer-related offences. -If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. Explanation. -For the purposes of this section,-

(a) the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code (45 of 1860);

(b) the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code (45 of 1860).]”

Therefore, the above provision states that if any person commits any offence under the provisions of section 43(a) to (j), the same offence is punishable with imprisonment which may extend to 3 years, and a fine which may go up to five lacs or with both.

Section 24 of IPC defines “dishonestly” as “whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person is said to do that thing “Dishonestly” which means a person does a such act which he is legally not supposed to do. Section 25 of IPC defines “Fraudulently” as “A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise”.

Section 66 A of the Act provides for sending an offensive message through communication devices and provides that any person who sends any information that is grossly offensive or has a menacing character or sends any information which he knows to be false but for the purpose of causing annoyance, inconvenience, danger, obstruction insult injury, criminal intimidation, enmity, hatred or ill will shall be punishable and the term may extend to three years or with fine. (It is to be noted that this section has been scrapped by the Supreme Court by its judgment of Union for Civil Liberties (PUCL) V. Union of India in 2015.)

Section 66B of the Act provided that if a person receives stolen devices as stated above may call for a jail term of up to three years and a fine of rupees three lacs or with both.

Section 66 C provides for punishment for identity theft and while providing the jail terms of above nature, he could be liable to pay a fine of rupees upto one lac.

Cheating by personation is also an offence under section 66D of IT Act and the same is punishable as section 66C.

The privacy of individuals is protected by section 66E of the Act and the breach as defined therein could call for a jail term of up to 3 years and a fine of Rs. 2 lacs or both.

Section 66F deals with cyber terrorism and the jail term is up to imprisonment for life.

Publishing of information that is obscene in electronic form is also an offence and that is punishable for a term which may extend to 5 years and a fine of Rs. 10 lacs.

Section 67A provides for publishing or transmitting material containing sexually explicit acts or conduct and the first such offence is punishable with a jail term up to five years and subsequent acts could lead to a jail term of 7 years and a fine up to Rs. 10 Lacs.

If the same offence is committed u/s 67A with regard to children it also falls an offence committed under section 67B as if it is committed u/s 67A of the Act and it is also an offence under section 9 of the Protection of Children from Sexual Offences Act, 2012.

Accordingly, other provisions of other statutes were also amended such as the Evidence Act, Code of Criminal Procedure and Indian Penal Code. The mobile in your hand is a device that is a tool, a safeguard weapon that is to be used very carefully. Sometimes, unintentionally and in ignorance also some offences are committed by the user, therefore, the use of mobile shall be done very carefully and in an appropriate manner.

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