Cyber crimes under the BNS and BNSS

Cyber Law · Part III · Topic 7 of 10 · 8 min read

The Bharatiya Nyaya Sanhita sections used for cyber crime (organised crime, cheating, forgery of electronic records, defamation, voyeurism, stalking, obscenity, intimidation, extortion), how they overlap with the IT Act after Sharat Babu Digumarti, and the BNSS provisions on e-FIR, zero FIR, electronic summons, digital evidence, videography and trials in electronic mode.

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On this page

1. How the BNS takes in the digital world
2. BNS sections used for cyber crime
3. Overlap with the IT Act
4. BNSS: procedure for cyber cases
5. Reporting a cyber crime in practice
6. Worked example
How AIBE asks this
Quick check

Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

Most cyber crimes are ordinary crimes committed with a computer. The IT Act punishes a few computer-specific acts, but cheating, forgery, defamation, stalking, extortion and threats done online are prosecuted under the Bharatiya Nyaya Sanhita, 2023 (BNS). The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) supplies the procedure: e-FIR, electronic summons, seizure of devices and video-recorded searches. Both came into force on 1 July 2024.

1. How the BNS takes in the digital world

Section 2(8): “document” includes electronic and digital record.
Section 2(39): words not defined in the BNS but defined in the IT Act or the BNSS carry those meanings. So “electronic record”, “computer resource” and “electronic signature” come from the IT Act.
Many offences now expressly say “electronic record”, “electronic form” or “electronic means”.

2. BNS sections used for cyber crime

BNS section	Offence	Cyber angle
111	Organised crime	The list of continuing unlawful activity names “cyber-crimes” with kidnapping, extortion, economic offences and others, when done by a syndicate for material benefit. The only use of the word in the BNS.
318	Cheating	Online fraud, fake investment schemes, phishing that induces delivery of money.
319	Cheating by personation	Fake profiles, impersonating a bank officer or relative; overlaps with section 66D IT Act.
308	Extortion	Sextortion and ransom demands after hacking: fear of injury (including to reputation) inducing delivery of property.
335, 336	Making a false document or false electronic record; forgery	Section 335 covers making or transmitting an electronic record and affixing an electronic signature dishonestly or fraudulently; section 336 punishes forgery of a document or electronic record.
356	Defamation	Imputations “made or published in any manner”, including posts and messages.
77	Voyeurism	Watching or capturing the image of a woman in a private act, or disseminating such image; first conviction one to three years, second three to seven.
78	Stalking	Clause (ii): a man who monitors the use by a woman of the internet, e-mail or any other form of electronic communication.
75	Sexual harassment	Includes showing pornography against the will of a woman and sexually coloured remarks, which may be made online.
294	Sale etc. of obscene material	Obscenity expressly includes “display of any content in electronic form”.
351	Criminal intimidation	Threats “by any means”, including messages and calls.
353	Statements conducing to public mischief	False information or rumours “including through electronic means”.

Section 79 BNS (word, gesture or act intended to insult the modesty of a woman) and section 299 (outraging religious feelings, which now names “electronic means”) are also used against online abuse.

3. Overlap with the IT Act

The same conduct often falls under both laws. A fake bank call is cheating by personation under section 319 BNS and section 66D IT Act; using someone’s password is section 66C IT Act and may also be cheating; publishing a private image is section 77 BNS and section 66E IT Act; online obscenity is section 294 BNS and section 67 IT Act.

Special law prevails. In Sharat Babu Digumarti v. Govt. of NCT of Delhi, 2016 INSC 1131 (decided 14 December 2016), an obscene video clip was listed for sale on an auction website. The High Court had held that although the charge under section 67 of the IT Act was not made out against the appellant, he could still be tried under section 292 IPC (now section 294 BNS). The Supreme Court held that the High Court had fallen into error: where the act concerns obscene material in electronic form, the IT Act, a special law with an overriding clause (section 81), governs, and the accused cannot be proceeded against under the general penal provision for the same act.

Practical rule for MCQs. For electronic obscenity, apply the IT Act (sections 67, 67A, 67B). For offences the IT Act does not cover (cheating causing loss, extortion, defamation, intimidation, stalking), the BNS applies, often alongside sections 66C or 66D.

4. BNSS: procedure for cyber cases

BNSS section	Rule
2(1)(a)	“Audio-video electronic means” includes any communication device used for video conferencing, recording identification, search and seizure or evidence, and transmitting electronic communication.
2(1)(i)	“Electronic communication”: written, verbal, pictorial or video content transmitted by telephone, mobile phone, computer, camera or any other electronic device or form.
173(1)	Information of a cognizable offence may be given orally or by electronic communication, irrespective of the area where the offence is committed (zero FIR). Under clause (ii), information given by electronic communication (e-FIR) is taken on record on being signed within three days by the informant.
63	A summons may be in writing with the court’s seal, or in encrypted or other electronic form bearing the image of the seal or a digital signature.
64	Service of summons; the proviso to section 64(2) permits service by electronic communication as State rules provide. Police stations and courts keep a register of addresses, e-mail and phone numbers.
94	Court or officer in charge may summon production of any document, electronic communication, including communication devices likely to contain digital evidence.
105	Search and seizure, including preparing and signing the seizure list, shall be recorded through audio-video electronic means, preferably mobile phone; the recording goes without delay to the District, Sub-divisional or Judicial Magistrate.
176(3)	For offences punishable with seven years or more, a forensic expert must visit the crime scene to collect evidence, with videography on mobile phone or other device (from a date the State notifies within five years).
530	All trials, inquiries and proceedings, including summons and warrants, examination of witnesses, recording of evidence and appeals, may be held in electronic mode.

Investigation of IT Act offences is by a police officer not below the rank of Inspector (section 78 IT Act). Under section 77B of the IT Act, offences punishable with three years and above are cognizable, and offences punishable with three years are bailable.

5. Reporting a cyber crime in practice

National Cyber Crime Reporting Portal, cybercrime.gov.in, run by the Indian Cybercrime Coordination Centre (I4C) of the Ministry of Home Affairs. Launched on 30 August 2019, it takes complaints of all types of cyber crime, with special focus on crimes against women and children.
Helpline 1930: for online financial fraud. Prompt reporting lets the Citizen Financial Cyber Fraud Reporting and Management System freeze the money trail; the complaint is then completed on the portal.
For emergencies, the police number 112; the complaint may also be lodged at any police station as a zero FIR under section 173 BNSS.

6. Worked example

A calls B pretending to be from B’s bank, obtains the OTP and withdraws Rs. 80,000. A has cheated by personation (section 319 BNS) and, because he used a communication device, also committed the offence under section 66D IT Act; using B’s OTP is identity theft under section 66C. B should call 1930 at once, then complete the complaint on cybercrime.gov.in or lodge an e-FIR, which she must sign within three days. The call records and bank logs will be proved under section 63 of the Bharatiya Sakshya Adhiniyam with the Schedule certificate.

How AIBE asks this

The questions are mostly matching: a BNS section to its cyber use (stalking by monitoring e-mail is section 78; organised crime naming cyber-crimes is section 111), or a BNSS rule to its number (e-FIR signed within three days, section 173; video-recorded search, section 105; trials in electronic mode, section 530). A case question may ask which law prevails for electronic obscenity (Sharat Babu Digumarti).

Quick check

Monitoring a woman’s use of e-mail or the internet is part of the definition of:
(A) voyeurism, section 77 BNS
(B) stalking, section 78 BNS
(C) sexual harassment, section 75 BNS
(D) criminal intimidation, section 351 BNS
Answer
(B). Section 78(1)(ii) BNS makes such monitoring stalking.
The only BNS provision that uses the expression “cyber-crimes” is:
(A) section 111
(B) section 318
(C) section 336
(D) section 356
Answer
(A). Section 111 lists cyber-crimes among the continuing unlawful activities that make up organised crime.
Information of a cognizable offence given by electronic communication is taken on record when the informant signs it within:
(A) 24 hours
(B) three days
(C) seven days
(D) fifteen days
Answer
(B). Section 173(1)(ii) BNSS.
Audio-video recording of search and seizure, preferably by mobile phone, is required by:
(A) section 94 BNSS
(B) section 105 BNSS
(C) section 176 BNSS
(D) section 530 BNSS
Answer
(B). Section 105 BNSS; section 176(3) deals with forensic experts at the crime scene.
In Sharat Babu Digumarti (2016), the Supreme Court held that for obscene material in electronic form:
(A) the accused can be tried under both the IPC and the IT Act for the same act
(B) the IT Act, being a special law, prevails over the general penal provision
(C) only the IPC applies
(D) intermediaries are always liable
Answer
(B). Once the act fell under section 67 of the IT Act, the accused could not be proceeded against under section 292 IPC.