jmfc has power to try offences under information technology Act

1. Offences under Chapter XI of the Information Technology Act

Offences under Chapter XI of the Information Technology Act will be tried as per the provisions of the Criminal Procedure Code. The table below enumerates the various offences under the Information Technology Act and the courts by which they are triable. (JMFC stands for Judicial Magistrate First Class.)

Offence

Section: Court triable: Offence:
65:JMFC
hacking with computer system
66:JMFC
Publishing information which is obscene in electronic form
67:JMFC
Publishing information which is obscene in electronic form (subsequent offence)
67:Court of Session
Failure to comply with directions of Controller
68:JMFC
Failure to assist in decryption of information
69:JMFC
Securing or attempting to secure access to protected system
70:Court of Session
Misrepresentation
71:Any magistrate
Breach of confidentiality and privacy
72:Any magistrate
Publishing false Digital Signature Certificate
73:Any magistrate
Publishing Digital Signature Certificate for fraudulent purposes
74:Any magistrate

Offences under the Indian Penal Code

Cyber crimes under the Indian Penal Code will be tried as per the provisions of the Criminal Procedure Code. The table below enumerates the various cyber crimes under the Information Technology Act and the courts by which they are triable. (JMFC stands for Judicial Magistrate First Class.)

Offence
Section of Indian Penal Code
By what Court triable

Public servant framing an incorrect electronic record with intent to cause injury
167
JMFC

Absconding to avoid service of summons to produce electronic record
172
Any magistrate

Preventing service of summons or preventing publication of summons
173
Any magistrate

Intentional omission to produce electronic record
175
Triable in the Court that issued the summons or order to produce the document. In other cases it is triable by any magistrate

Fabricating false electronic evidence
192(Punishable under 193)
If committed for using evidence before a judicial proceeding then it is triable by a JMFC. Otherwise any magistrate can try it.

Destroying of electronic record to prevent its production as evidence
204
JMFC

Forgery of record of Court or of public register, etc.
466
JMFC

Forgery for the purpose of cheating
468
JMFC

Forgery for the purpose of defamation
469
JMFC

Using as genuine a forged document
471
JMFC

Knowingly possessing a forged document
474
JMFC

Counterfeiting authentication marks or devices
476
JMFC>

Falsifying accounts
477A
JMFC

Print Page