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 Is Section 65 IT Act About?
Section 65 of the Information Technology Act, 2000 deals with tampering with computer source code. It protects the integrity of digital systems by criminalizing deliberate manipulation of source code. Source code forms the foundation of every program and network. Without it, systems cannot function, update, or be audited.
The law recognizes that tampering with code is not a minor technical issue but a direct attack on digital trust. If someone conceals, deletes, or alters source code that the law requires to be maintained, it invites strict penalties. This provision ensures accountability for those handling sensitive digital infrastructure.
What Is the Punishment Under Section 65?
The punishment under Section 65 is twofold. Imprisonment and fine. A convicted person may face imprisonment of up to three years. They may also have to pay a fine up to ₹2 lakh. In serious cases, courts may impose both penalties together.
This penalty structure makes it clear that tampering with source code is a criminal offence, not just a civil dispute. The law intends to deter malicious actors, insiders, or even negligent professionals from interfering with critical code.
Why Does Section 65 Impose Jail Terms?
The imprisonment clause highlights the seriousness of the offence. When source code is tampered with, entire systems may collapse. For example, in banking, alteration of code can erase transaction trails or enable fraud. In government systems, tampering may compromise public records or national security.
By imposing up to three years of jail time, the legislature sends a message: tampering with code is comparable to sabotage. It is not an accident but a deliberate act that threatens the digital ecosystem.
How Heavy Can the Fine Be?
Section 65 allows courts to impose a fine up to ₹2 lakh. The amount may not seem very high compared to modern cybercrime losses, but it reflects the intent of the 2000 law. At that time, ₹2 lakh was a significant deterrent.
Today, courts sometimes combine fines with imprisonment to enhance deterrence. The financial penalty also compensates for investigation, litigation, and partial damages caused by tampering. In future amendments, the fine limit may need revision to reflect modern realities.
When Can Both Punishments Be Imposed?
Courts may impose both imprisonment and fine in aggravated cases. If the tampering was done with clear malicious intent, or if it caused large-scale disruption, both penalties may apply. For example, altering telecom billing code to cheat customers may attract both jail and fine.
Similarly, if tampering erases audit trails in a fraud investigation, courts may see it as an attempt to obstruct justice. In such cases, they are more likely to award the maximum penalties.
What Acts Trigger Liability Under Section 65?
Liability arises when someone knowingly or intentionally conceals, destroys, or alters computer source code. It also arises if a person orders or directs another to do the same. This means supervisors and managers can also be liable if they encourage or instruct tampering.
The law applies only when the source code is legally required to be preserved. For instance, telecom companies, banks, or e-commerce platforms must maintain software records for compliance. Destroying or concealing such code directly violates Section 65.
Does Accidental Deletion Count?
No. Section 65 punishes only intentional or knowing acts. If someone accidentally deletes code, it may not lead to criminal liability. However, negligence could still expose an organization to other liabilities under contract law or employment law.
Courts look at intent carefully. If evidence shows that tampering was deliberate, prosecution is stronger. If it was a genuine error and the person acted promptly to report it, the case may not attract Section 65 punishment.
How Do Courts Interpret Section 65?
Indian courts interpret Section 65 strictly. They recognize that source code tampering damages digital trust. In some cases, employees tampered with payroll or billing systems to siphon funds. Courts treated these acts as intentional manipulation of code and imposed penalties.
Judicial decisions stress that Section 65 is preventive. Even if no financial loss occurs, tampering with legally required source code is punishable. The focus is on protecting the integrity of systems, not just compensating victims.
Who Can Be Prosecuted Under Section 65?
Anyone with access to source code can be prosecuted if they misuse it. This includes programmers, system administrators, vendors, contractors, and even corporate officers. Outsiders who gain unauthorized access and alter code may also face liability under related sections like 66 (hacking), along with Section 65.
Employers must therefore ensure strict access controls. They must also document responsibilities clearly, so individuals cannot later deny accountability.
Why Is Source Code Legally Protected?
Source code is legally protected because it acts as the blueprint of systems. Without it, regulators cannot audit software. For example, banks must maintain software records for compliance with the Reserve Bank of India. Similarly, telecom companies must preserve billing records for TRAI audits.
If this code is concealed or destroyed, regulators lose oversight. This creates opportunities for fraud, corruption, and malpractice. Section 65 ensures that organizations cannot escape accountability by tampering with technical foundations.
How Does Section 65 Compare with Other IT Act Penalties?
Section 43 of the IT Act deals with civil liability for unauthorized access and data theft. Moreover, section 66 deals with criminal hacking. Section 72 deals with breach of confidentiality. Section 65 specifically targets tampering with code.
The punishment under Section 65 is relatively lighter than Section 66, which can attract up to three years in prison and larger fines. However, courts often combine multiple sections depending on the facts. For example, tampering with source code during hacking may lead to charges under both 65 and 66.
How Can Organizations Avoid Section 65 Liability?
Organizations can protect themselves by maintaining strong access controls. Only authorized staff should access source code repositories. Every change must be logged and documented. Secure backups must be maintained to restore data after tampering.
Regular audits also help detect suspicious activities. Legal agreements with employees and contractors must mention Section 65 penalties. Training sessions should raise awareness about the seriousness of tampering.
By combining technical and legal measures, organizations can minimize risks of liability.
Why Is Awareness Important for Professionals?
For IT professionals, awareness of Section 65 is essential. Many programmers and administrators handle code daily. They must understand that intentional manipulation can lead to criminal prosecution. Even obeying an unlawful order to alter code can make them personally liable.
Awareness protects careers and prevents organizations from facing penalties. It also promotes ethical practices in the technology industry.
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Conclusion
Section 65 of the IT Act punishes tampering with computer source code. The punishment includes imprisonment up to three years, a fine up to ₹2 lakh, or both. Courts treat the offence seriously because source code underpins the reliability of digital systems.
The law applies only to intentional acts involving source code that the law requires to be preserved. Organizations and professionals must therefore maintain strong safeguards. Training, access control, and backups play a critical role.
By enforcing Section 65, India ensures accountability in the digital world. The penalties act as a deterrent against sabotage, fraud, and misconduct. In today’s technology-driven society, protecting source code is the same as protecting trust itself.
