BNS Section 316 - Cyber Data Theft

Whoever unlawfully accesses, copies, or steals digital data, including personal information, business data, or confidential records, without authorization.

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Non-bailable, Cognizable

Official Text

Whoever unlawfully accesses, copies, or steals digital data, including personal information, business data, or confidential records, without authorization.

Legal Analysis

Elements to Prove:

  • Unlawfully accessing, copying, or stealing.
  • Digital data or information.
  • Without authorization.

Potential Defenses:

  • Authorized access.
  • Legitimate data handling.
  • Lawful activities.

Practical Examples

What Constitutes the Offense:

Stealing personal data, copying business information, unauthorized access to digital records.

What Doesn't Constitute:

Authorized data access, legitimate data copying, or lawful data handling.

Punishment

Imprisonment up to 5 years, and Fine