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What is phishing and is it illegal in India?

06-Jul-2026
Cyber Crime

Answer By law4u team

Phishing is a type of cyber fraud where a person is tricked into sharing sensitive information like passwords, OTPs, bank details, or login credentials by pretending to be a trusted source such as a bank, government office, or company. It is usually done through: Fake emails that look like official bank messages Fake SMS or WhatsApp messages with malicious links Fake websites that copy real banking or service portals Phone calls pretending to be customer care or government officials Once the victim enters their details, the attacker uses them for money theft, identity fraud, or account takeover. Yes, phishing is illegal in India. It is punishable under several laws, mainly the Information Technology Act, 2000 and criminal law provisions under the Bharatiya Nyaya Sanhita, 2023. Legal consequences include: Under IT Act, 2000: Section 66C – Identity theft (using someone’s password, digital signature, or unique ID fraudulently) Section 66D – Cheating by personation using computer resources (this directly covers phishing scams) Section 43 – Unauthorised access or damage to computer systems (civil compensation liability) Section 66 – Computer-related offences (general hacking and fraud activities) Under Bharatiya Nyaya Sanhita, 2023: Cheating and dishonestly inducing delivery of property Criminal breach of trust and fraud Forgery and use of forged electronic records Punishment can include: Imprisonment (which can extend up to several years depending on severity) Heavy fines Recovery of stolen money through investigation and freezing of accounts In summary: Phishing is a cybercrime in India, treated as cheating and identity fraud, and is punishable with imprisonment and fines under both cyber laws and criminal law.

Answer By Ayantika Mondal

Dear Client, Phishing is a “deceptive cyber practice” where attackers send fraudulent communications to trick individuals into revealing sensitive information, usually through spam emails and conning websites, to extract vulnerable information like passwords, OTP, and others. Phishing is illegal in India, and is treated as a serious crime, being punished under the Information Technology (IT) Act, 2000, under Sec. 66C (punishment for identity theft) and Sec. 66D (punishment for fraud via impersonation with the help of a computer). The fraudsters are at risk of being booked for cheating and fraud under the BNS Law. The culprits face high penalties in terms of heavy cash fines and imprisonment. As the cyber laws and judicial decisions can change, the outcome of the case with respect to punishment can vary drastically depending on the circumstances surrounding each and every case. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Answer By Ruchi Kashyap

Dear client, Phishing is a cyber fraud in which a person deceives others through fake emails, SMS messages, websites, phone calls, or social media messages to obtain sensitive information such as passwords, bank account details, OTPs, credit/debit card numbers, or personal data. Is Phishing Illegal in India? Yes, phishing is illegal in India. It is punishable under provisions of the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023. Relevant Sections Information Technology Act, 2000 Section 66C – Identity theft (fraudulent use of another person's password, digital signature, or identification information). Section 66D – Cheating by personation using computer resources (commonly applied in phishing scams). Section 43 – Unauthorized access, downloading, or extraction of data. Bharatiya Nyaya Sanhita, 2023 (BNS) Section 318 – Cheating. Section 319 – Cheating by personation. Other provisions may apply depending on the facts, such as forgery and fraud-related offences. Punishment Under Section 66D of the IT Act, the punishment may extend to 3 years' imprisonment and a fine up to ₹1 lakh. Additional punishment may be imposed under the relevant provisions of the BNS depending on the nature of the fraud. In simple words: Phishing is the act of tricking people into revealing confidential information online for wrongful gain. It is a criminal offence in India and can lead to imprisonment and fines.

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