Introduction
“Whoever knowingly or intentionally conceals, destroys, or alters or causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system, or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend to two lakh rupees, or with both.”
What Does Section 65 IT Act Mean?
Section 65 of the Information Technology Act, 2000 deals with tampering with computer source code. It makes it a punishable offence if someone intentionally conceals, destroys, or alters such source code when the law requires its preservation. Unlike some provisions that focus only on financial fraud, Section 65 safeguards the very foundation of digital infrastructure: the source code of programs and systems.
The law treats source code as crucial documentation. Without it, programs cannot be updated, repaired, or audited. Tampering can therefore paralyze systems, erase vital data, and compromise security. Section 65 ensures accountability and protects organizations, governments, and individuals from malicious interference.
What Is Computer Source Code?
The law defines “computer source code” broadly. It includes actual programming code, commands, design layouts, program structures, and even analytical documentation. This is not restricted to lines of code written by a programmer. It also covers instructions, algorithms, and architecture descriptions necessary to run, maintain, or verify a computer system.
For example, the source code of banking software may contain instructions for transactions, encryption algorithms, and audit trails. If someone alters or deletes this code, it can disrupt financial systems, cause fraud, or erase accountability. This is why Section 65 imposes strong legal protections.
Why Is Tampering with Source Code Serious?
Tampering with source code undermines the trust and reliability of digital systems. In modern society, everything from government services to private businesses depends on secure software. If the source code is manipulated, the consequences can include financial losses, data breaches, and national security risks.
Unlike ordinary files, source code forms the backbone of systems. Without it, developers cannot maintain or restore applications. Altering code may also introduce hidden backdoors, malware, or vulnerabilities. Courts view such acts as deliberate sabotage rather than minor technical mischief.
What Are the Punishments Under Section 65?
The punishment under Section 65 includes imprisonment of up to three years. A fine may also be imposed, which can extend to two lakh rupees. In many cases, courts may impose both imprisonment and fine, depending on the severity of the act.
This makes Section 65 a strong deterrent. It signals that tampering with source code is not just a civil wrong but a criminal offence. Organizations and individuals can seek police intervention if they discover deliberate tampering.
What Are the Key Ingredients of the Offence?
For liability under Section 65, certain conditions must exist. First, the tampering must be intentional or knowing. Accidental deletion may not always lead to prosecution if it can be proven as unintentional. Second, the source code must be one that the law requires to be maintained. For example, banking software source code or telecom systems may fall into this category.
Third, the actions include concealing, destroying, or altering source code. Even causing someone else to perform these actions amounts to an offence. Therefore, managers or supervisors who instruct others to tamper with source code may also be liable.
How Do Courts Interpret Section 65?
Courts in India treat Section 65 strictly. They recognize that tampering with source code strikes at the root of trust in digital infrastructure. In past cases, employees who manipulated code to cover up frauds were prosecuted. Courts have also held companies accountable where negligence allowed tampering to occur.
Judgments show that intent plays a key role. If the act was deliberate, courts impose harsher punishments. Even attempts to hide code for personal gain can invite prosecution. Section 65 is therefore a preventive tool against cybercrime.
Who Is Most Affected by Section 65?
Section 65 is most relevant for software professionals, IT administrators, system designers, and organizations dependent on digital systems. Banks, telecom operators, government departments, and e-commerce platforms all rely on source code integrity. If insiders tamper with it, these organizations face legal, financial, and reputational damage.
For example, a bank employee who alters transaction code may hide illegal transfers. A software vendor who conceals audit trails may prevent detection of security flaws. Both would fall under Section 65 liability.
How Can Organizations Protect Themselves?
Organizations must adopt strict policies to protect source code. Access control is crucial. Only authorized personnel should be allowed to view or modify code. Multi-factor authentication, code repositories, and audit trails help track changes.
Regular backups of source code in secure environments ensure recovery after tampering. Legal agreements with employees and vendors must clearly define responsibilities and consequences. Training programs should educate staff about Section 65 and its penalties.
Documentation of code maintenance, updates, and audits is also necessary. In case of disputes, such records serve as evidence of compliance and good faith.
What Should Individuals Know?
Individuals working with code must handle it responsibly. They must avoid unauthorized access or manipulation. Even if asked by a superior, they should ensure that any alteration is legally permitted and documented. Failure to do so may make them personally liable.
Programmers should also keep personal and professional work separate. Using office systems for personal coding projects can create confusion and legal risks. Awareness of cyber law is as important as technical knowledge.
What Are Real-Life Examples of Section 65 Application?
Several cases highlight the importance of Section 65. In one instance, an employee tampered with the payroll software of a company to divert funds. The act was discovered, and he faced prosecution under Section 65 along with other provisions. In another case, manipulation of telecom billing code led to financial irregularities. Courts imposed fines and imprisonment on the responsible individuals.
These examples show that tampering with code is not a theoretical offence. It has real-world consequences affecting businesses, employees, and customers
How Does Section 65 Relate to Other IT Act Provisions?
Section 65 must be read along with other sections of the IT Act. For instance, Section 43 deals with civil liability for unauthorized access, while Section 66 deals with criminal liability for hacking. Section 72 punishes breach of confidentiality. Together, these sections create a framework of cyber protection.
Tampering with source code often overlaps with offences like hacking or data theft. Prosecutors may charge offenders under multiple sections to cover all aspects of wrongdoing.
Why Is Section 65 Important Today?
In the digital age, source code controls every service from banking apps to government portals. Protecting it ensures trust and continuity. Section 65 acts as a shield against insiders and outsiders who may exploit vulnerabilities. It reassures users and customers that the law safeguards essential systems.
As India moves towards digital governance and cashless economies, the importance of source code integrity will only grow. Section 65 remains a cornerstone of cyber law enforcement.
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Conclusion
Section 65 of the IT Act, 2000 criminalizes tampering with computer source code. It imposes imprisonment of up to three years and fines up to two lakh rupees. The law defines source code broadly to cover commands, layouts, and documentation essential to system functioning.
Courts interpret this section strictly because tampering threatens digital trust. Organizations and individuals must adopt technical, legal, and operational safeguards. Real-life cases show that the law is actively applied.
By enforcing Section 65, India protects its digital infrastructure and ensures accountability. In a world dependent on technology, this provision serves as a vital guardian of trust and security.
