What is ransomware and how is it punished in India?

Answer By law4u team

Ransomware is a type of cyberattack where a hacker locks, encrypts, or blocks access to a computer system or data and then demands money (ransom) to restore access. 1. What ransomware does In a ransomware attack, criminals typically: Infect a computer or network using malicious software Encrypt files so the owner cannot access them Display a ransom demand (usually in cryptocurrency) Threaten to delete or leak data if payment is not made 2. Is ransomware illegal in India? Yes. Ransomware is a serious cybercrime in India and is punishable under multiple laws. 3. Legal provisions used in India Information Technology Act, 2000: Section 43 – Unauthorized access, damage, or disruption to computer systems (civil compensation) Section 66 – Computer-related offences Section 66C – Identity theft (if credentials are misused) Section 66F – Cyber terrorism (in severe cases affecting national security or critical systems) Section 66D – Cheating by impersonation (if deception is involved) Bharatiya Nyaya Sanhita, 2023: Extortion (demanding money using threats) Criminal intimidation Cheating and fraud Criminal breach of trust Destruction of property (digital data treated as property in legal interpretation) 4. Punishment Depending on severity: Imprisonment ranging from 3 years to life imprisonment in extreme cyber terrorism cases Heavy fines Recovery of damages and compensation to victims Freezing of illegal proceeds and bank accounts 5. Law enforcement action Authorities can: Trace IP addresses and servers Seize devices used in attack Block malicious domains and networks Work with CERT-In (Indian Computer Emergency Response Team) Coordinate with international agencies for cross-border attacks 6. Victim response (important legally) If ransomware attack occurs: Do not pay ransom immediately (no guarantee of data recovery) Disconnect affected systems from network Preserve logs and evidence Report to cybercrime.gov.in or call 1930 (if financial impact) File FIR with Cyber Crime Cell 7. Key legal principle Ransomware is treated as both: Cybercrime (unauthorized access and system damage) Extortion (demanding money through threats) In severe cases, it may even be treated as cyber terrorism. In summary: Ransomware is illegal in India and punishable under the IT Act and criminal law, with penalties ranging from imprisonment and fines to severe punishment in cases affecting critical infrastructure or national security.

Answer By Ruchi Kashyap

Ransomware is a type of malicious software (malware) that blocks access to a computer system or encrypts files and then demands money (ransom) from the victim to restore access. It is a form of cyber extortion. arXiv +1 Punishment for Ransomware in India India does not have a separate section specifically named "ransomware." Such acts are prosecuted under the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita (BNS), 2023, depending on the facts of the case. Law4u +1 1. Section 66, Information Technology Act, 2000 If a person dishonestly or fraudulently gains unauthorized access to a computer system, introduces malware, damages data, or disrupts a computer network, it is punishable under Section 66. Punishment: Imprisonment up to 3 years, or fine up to ₹5 lakh, or both. Indian Kanoon +1 2. Section 43, Information Technology Act, 2000 Unauthorized access, introducing a computer virus, deleting data, damaging systems, or denying access to authorized users can result in liability to pay compensation to the victim. Indian Kanoon +1 3. Extortion under BNS, 2023 When the attacker demands money in exchange for restoring access to files or systems, the act may also amount to extortion under the BNS. Courts may apply the relevant extortion provisions in addition to cybercrime provisions.