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From hacked accounts and data theft to fake profiles and online defamation, Indian law provides both criminal and civil remedies. Here is an overview.
Last reviewed: October 2026 · General information only, not legal advice. For money lost to fraud, see our online fraud guide.
| Section | Subject | Remedy |
|---|---|---|
| 43 | Unauthorised access, data download, virus, damage to computer systems | Compensation (civil) |
| 43A | Company's negligence in protecting sensitive personal data | Compensation (civil) |
| 66 | Hacking and computer-related offences (acts in Section 43 done dishonestly) | Up to 3 years |
| 66C | Identity theft — passwords, digital signatures, biometrics | Up to 3 years |
| 66D | Cheating by personation using a computer | Up to 3 years |
| 66E | Capturing or publishing private images without consent | Up to 3 years |
| 67, 67A, 67B | Obscene, sexually explicit, and child sexual abuse material | Up to 5–7 years |
| 72 | Breach of confidentiality by a person with lawful access | Up to 2 years |
| 79 | Intermediary (platform) liability and due diligence | Takedown obligations |
Section 66A (offensive messages) was struck down by the Supreme Court in Shreya Singhal (2015) and cannot be used. Many cyber offences are also punishable under the BNS — cheating 318, extortion 308, defamation 356, stalking 78 and criminal intimidation 351.
False and damaging posts can lead to a criminal complaint for defamation BNS 356 and a civil suit for damages and an injunction directing removal. Harassment, stalking and threats online are treated like their offline equivalents. Preserve URLs, screenshots with dates, and, where possible, a certificate for electronic evidence BSA 63.
The Digital Personal Data Protection Act, 2023, being implemented in phases, requires organisations to process personal data with consent and safeguards, and gives individuals rights to access, correct and erase their data. Victims of data leaks can also claim compensation under the IT Act.
Report the profile on the platform and send a complaint to its Grievance Officer, who must acknowledge it within 24 hours and resolve it within 15 days under the IT Rules, 2021. You can also file a complaint on cybercrime.gov.in. Impersonation can be an offence under Section 66D of the IT Act and Section 319 of the BNS.
Yes. Defamation is an offence under Section 356 of the Bharatiya Nyaya Sanhita, and the affected person can also file a civil suit for damages and an injunction to remove the content.
Recover the account through the platform, change all passwords, enable two-factor authentication, inform your contacts, and report on cybercrime.gov.in. Hacking is an offence under Section 66 of the IT Act, and compensation can be claimed under Section 43.
No. The Supreme Court struck down Section 66A in Shreya Singhal v. Union of India (2015), and no one can be prosecuted under it.
Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.