Which of the following is not classified as a cybercrime under the Bharatiya Nyaya Sanhita (BNS), 2023?
Show answer & explanation
Correct answer: C
Explanation
Answer — (3) Posting a meme without the owner's permission.
Explanation —
The Bharatiya Nyaya Sanhita (BNS), 2023, has redefined several traditional offenses within a modern context. It designates severe forms of cybercrime—such as phishing (financial fraud), data theft (identity theft), and hacking of government databases (cyber-terrorism)—as punishable offenses.
However, while 'posting a meme without the owner's permission' may primarily constitute a matter of copyright infringement or intellectual property rights, it is not classified under the BNS as a serious 'cybercrime' unless it involves elements of defamation, obscenity, or the hurting of religious sentiments. Sections 111 (Organized Crime) and 113 (Terrorist Acts) of the BNS contain provisions for severe penalties regarding the misuse of cyber mediums.
Additional Points —
Phishing: This falls under the category of fraud, covered by various sections of the Information Technology Act as well as the BNS.
Identity Theft: The unauthorized use of personal data falls under the sections of the BNS related to fraud and forgery.
Hacking: This constitutes an offense against national security and data integrity.
Potential Exam Questions and Answers —
Question: Which section of the BNS, 2023, deals with 'Organized Crime' (which may also encompass cybercrime)?
Answer: Section 111.
Question: Does the BNS contain any specific provisions regarding 'Digital Evidence'?
Answer: Yes; the BNS and the BSA (Bharatiya Sakshya Adhiniyam), taken together, provide a comprehensive framework for offenses in the digital era.