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Compounding of which of the following contraventions is IMPERMISSIBLE under the Information Technology Act, 2000?1. Sending any information by means o
Question

Compounding of which of the following contraventions is IMPERMISSIBLE under the Information Technology Act, 2000?
1. Sending any information by means of a computer resource which is grossly offensive
2. Fraudulent use of electronic signature
3. Committing similar contravention within a period of 3 years from the date of compounding of their earlier contravention
Select the correct answer using the code given below:

A.

1 only

B.

2 and 3 only

C.

1 and 3 only

D.

3 only

Correct option is B

The correct answer is (b) 2 and 3.

Explanation

The concept of "Compounding of Offences" is governed by Section 77A of the Information Technology Act, 2000. Compounding is a legal process where the offender and the victim (or the State) reach a settlement, effectively closing the case without a full trial. However, the Act places strict limits on which crimes can be compounded to ensure that serious or habitual offenders do not escape justice.

  • Statement 1 is Compoundable (in theory): This describes Section 66A (Sending grossly offensive information). Before it was struck down in the Shreya Singhal case, it carried a maximum punishment of 3 years. Under Section 77A, any offence punishable with imprisonment for 3 years or less is generally compoundable. (Note: Though the section itself is now void, as a category of punishment, it fell under the permissible limit).
  • Statement 2 is Impermissible: This describes Section 74 (Publication for fraudulent purpose). While the punishment is 2 years, the Act (and general criminal principles) often excludes offences involving fraud or those affecting the socio-economic conditions of the country from being easily compounded. More importantly, Section 77A specifically prohibits compounding for offences committed against women or children (below 18).
  • Statement 3 is Impermissible: This is a statutory bar under Section 77A(1). The law states that a court shall not compound an offence if the accused is a habitual offender. Specifically, if a person has previously had an offence compounded and commits a similar offence within 3 years from the date of that first compounding, they are ineligible for compounding the second time.

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