What is the punishment for a fake Facebook account?
Nowadays creating Fake Facebook accounts are very general. Seldom these fake accounts may spread spam as well as viruses to steal our private data. Plus, Offenders set up fake online accounts to take revenge on other people and uploads malicious photos. Offenders may take our identity to create their accounts. You can file a complaint in such circumstances.
Here are some sections and punishments for generating a fake Facebook account. Section 468 of the IPC and Section 66D of the IT Act will be used in this case and punishment under Section 468 can be jail up to 7 years.
Section 468 in The Indian Penal Code
468. Forgery for purpose of cheating.—Whoever commits forgery, intending that the 1[document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.
Section 66D of The Information Technology Act, 2000
Punishment for cheating by personation by using computer resource. -Whoever, by means for any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to 3 years and shall also be liable to fine which may extend to one lakh rupees.
66E. Punishment for violation of privacy
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to 3 years or with fine not exceeding two lakh rupees, or with both
Explanation – For the purposes of this section–
(a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b) “capture”, with respect to an image, means to videotape, photograph, film or record by any means;
(c) “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast;
(d) “publishes” means a reproduction in the printed or electronic form and making it available for public;
(e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that–
(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.
Section 67 in The Information Technology Act, 2000
Punishment for publishing or transmitting obscene material in electronic form :- Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to 5 years and also with fine which may extend to ten lakh rupees.
Section 67A in The Information Technology Act, 2000
Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to 7 years and also with fine which may extend to ten lakh rupees.