Cybercrime in India remains primarily governed by the Information Technology Act, 2000 -- covering hacking, identity theft, and online fraud -- supplemented by general Bharatiya Nyaya Sanhita offences like cheating and forgery when committed online, with complaints reportable through the National Cyber Crime Reporting Portal, the most relevant channel for NRIs facing cross-border cyber fraud.
Core cybercrime provisions -- IT Act, 2000 (not replaced)
Unlike the IPC, CrPC, and Evidence Act, the Information Technology Act, 2000 was not repealed or replaced
by the BNS/BNSS/BSA reforms and remains India’s primary cyber-law statute. Key provisions include Section
43 (civil penalty for unauthorized access to or damage of computer systems), Section 66 (criminal offence for
the same conduct done dishonestly or fraudulently -- hacking), Section 66C (identity theft, including misuse
of passwords or unique identification), Section 66D (cheating by personation using a computer resource --
covers most online impersonation scams), Section 66E (violation of privacy through capturing or publishing
images of a person’s private area), and Sections 67/67A/67B (publishing or transmitting obscene,
sexually explicit, or child sexual abuse material electronically).
How the BNS supplements the IT Act
Where online conduct also fits a general criminal offence, prosecutors often charge under both the
IT Act and the corresponding Bharatiya Nyaya Sanhita, 2023 provision -- for example, an online scam is
frequently charged under both Section 66D of the IT Act and Section 318 BNS (cheating), and online forgery
under both the IT Act and BNS Section 336 onward. The IT Act functions as the cyber-specific law, with the
BNS filling in general offence categories that are not cyber-specific themselves.
Reporting cybercrime -- CERT-In and I4C
CERT-In (Indian Computer Emergency Response Team, under the Ministry of Electronics and Information
Technology) requires certain categories of cyber incidents to be reported within six hours under the CERT-In
Rules, 2022, primarily aimed at organizations. For individual victims -- including NRIs targeted by
cross-border financial fraud, romance scams, or fake investment schemes involving India -- the practical
reporting channel is the National Cyber Crime Reporting Portal (cybercrime.gov.in) and the 1930 helpline,
operated by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs.
What is the difference between IT Act Section 66 and Section 66D?
Section 66 covers computer-related offences generally -- dishonestly or fraudulently accessing, damaging,
or tampering with a computer system (hacking). Section 66D specifically targets cheating by personation using
a computer resource or communication device -- the provision most commonly used for online impersonation
scams, including fake profiles and phishing schemes.
How can an NRI report cyber fraud involving an Indian bank account or Indian scammer?
The National Cyber Crime Reporting Portal (cybercrime.gov.in), run by the Indian Cyber Crime Coordination
Centre (I4C), accepts complaints from anywhere, including NRIs abroad, and the 1930 helpline is specifically
set up for reporting financial cyber fraud -- reporting promptly improves the chance of freezing funds before
they are moved out of the fraudulent account.
Is the IT Act, 2000 still the law that applies, or did the BNS replace it for cybercrime too?
The IT Act, 2000 was not replaced by the 2023 criminal law reforms -- it remains in force as India’s
primary cyber-specific statute. The BNS, BNSS, and BSA replaced the IPC, CrPC, and Evidence Act respectively,
and now work alongside the still-current IT Act for cyber offences that also fit general criminal
categories.
