Information Technology Act 2000 Section 58
IT Act Section 58 penalizes damage to computer source code, protecting software integrity in digital environments.
Information Technology Act 2000 Section 58 addresses the offence of damaging computer source code. Source code is the human-readable instructions that make software function. This section criminalizes any intentional or knowing act that destroys, alters, or conceals source code used for a computer, computer program, or computer system.
In today's digital world, software powers everything from banking to healthcare. Protecting source code ensures systems run securely and reliably. This section helps safeguard software developers' rights and prevents cyber sabotage that can disrupt services or cause financial loss.
Information Technology Act Section 58 – Exact Provision
This section makes it a criminal offence to tamper with source code that is legally required to be maintained. It applies to anyone who knowingly damages or hides source code, including programmers, employees, or hackers. The law aims to protect the integrity of software and computer systems.
Penalizes intentional concealment, destruction, or alteration of source code.
Applies when source code is legally required to be maintained.
Imposes imprisonment up to three years or fine up to two lakh rupees.
Protects software integrity and intellectual property.
Deters cyber sabotage and software tampering.
Explanation of Information Technology Act Section 58
This section states that knowingly damaging or hiding computer source code is punishable by law.
Applies to individuals or entities handling source code.
Targets acts of concealment, destruction, or alteration.
Triggered when source code is required by law to be maintained.
Prohibits unauthorized tampering with software code.
Allows prosecution of offenders who compromise software integrity.
Purpose and Rationale of IT Act Section 58
The section protects the digital ecosystem by ensuring software source code remains intact and unaltered. It prevents cybercrimes that could disrupt services or cause data loss.
Protects users and businesses from software sabotage.
Prevents cybercrimes involving source code tampering.
Ensures secure and reliable electronic systems.
Supports intellectual property rights of developers.
Regulates responsible handling of source code.
When IT Act Section 58 Applies
This section applies when source code is intentionally damaged or hidden, especially if legally required to be maintained.
When source code is concealed, destroyed, or altered.
Applicable to programmers, employees, hackers, or others.
Invoked by affected companies or law enforcement.
Requires evidence of intentional or knowing acts.
Relevant to computer systems, programs, or networks.
Exceptions if source code is not legally required to be maintained.
Legal Effect of IT Act Section 58
The section creates criminal liability for damaging source code, restricting unauthorized tampering. Penalties include imprisonment or fines. It complements other cyber laws and IPC provisions like forgery or cheating.
Creates criminal offence for source code damage.
Penalties: imprisonment up to 3 years, fine up to ₹2 lakh, or both.
Protects software intellectual property rights.
Nature of Offence or Liability under IT Act Section 58
This section imposes criminal liability for intentional damage to source code. The offence is cognizable and non-bailable, requiring investigation. Arrest may require warrant depending on circumstances.
Criminal liability for intentional acts.
Cognizable offence for police investigation.
Non-bailable in many cases.
Arrest may require warrant.
Stage of Proceedings Where IT Act Section 58 Applies
The section is relevant during investigation, evidence collection, complaint filing, trial, and appeal stages involving source code tampering.
Investigation of source code damage.
Collection of digital evidence like logs and code versions.
Filing of complaint by affected parties.
Trial in court with presentation of evidence.
Appeal against conviction or acquittal.
Penalties and Consequences under IT Act Section 58
Penalties include imprisonment up to three years, fines up to two lakh rupees, or both. Companies and intermediaries may face liability if involved. Compensation claims may arise from affected parties.
Imprisonment up to 3 years.
Fine up to ₹2 lakh.
Corporate and intermediary liability possible.
Compensation claims by victims.
Example of IT Act Section 58 in Practical Use
"X" is a software developer who intentionally deletes critical source code of a financial application to sabotage the company. The company files a complaint under Section 58. Police investigate, recover evidence, and prosecute "X" for damaging source code. The court convicts "X" and imposes imprisonment and fine, protecting the company's software assets.
Intentional source code damage is punishable.
Protects companies from internal sabotage.
Historical Background of IT Act Section 58
The IT Act 2000 was introduced to regulate electronic commerce and cybercrimes. Section 58 was included to protect software source code from tampering. The 2008 Amendment reinforced cybercrime provisions. Interpretation has evolved to address new software threats.
Introduced to safeguard digital transactions and software.
2008 Amendment enhanced cybercrime penalties.
Interpretation adapts to evolving technology.
Modern Relevance of IT Act Section 58
In 2026, cybersecurity threats include source code theft and sabotage. This section remains vital for fintech, digital identity, and software companies. It supports digital evidence collection and online safety, despite enforcement challenges.
Protects digital evidence and software integrity.
Ensures online safety for users and businesses.
Addresses enforcement challenges in cybercrime.
Related Sections
IT Act Section 43 – Penalty for unauthorised access and data theft.
IT Act Section 66 – Computer-related offences.
IT Act Section 65 – Tampering with computer source documents.
IPC Section 420 – Cheating, relevant for online fraud.
Evidence Act Section 65B – Admissibility of electronic evidence.
CrPC Section 91 – Summons for digital records or documents.
Case References under IT Act Section 58
No landmark case directly interprets this section as of 2026.
Key Facts Summary for IT Act Section 58
Section: 58
Title: Damage to Computer Source Code
Category: Cybercrime, Software Protection
Applies To: Developers, Employees, Hackers, Companies
Stage: Investigation, Trial, Appeal
Legal Effect: Criminal liability for source code tampering
Penalties: Imprisonment up to 3 years, fine up to ₹2 lakh
Conclusion on IT Act Section 58
Section 58 of the Information Technology Act 2000 plays a crucial role in protecting the integrity of computer source code. It criminalizes intentional acts that damage or conceal source code, which is essential for software functioning. This protection is vital for businesses, developers, and users relying on secure and reliable digital systems.
By imposing penalties including imprisonment and fines, the section deters cyber sabotage and supports intellectual property rights. As technology evolves, Section 58 remains a key legal tool to combat cybercrimes targeting software, ensuring trust in digital environments.
FAQs on IT Act Section 58
What is computer source code under Section 58?
Computer source code refers to the human-readable instructions written by programmers that make software operate. Section 58 protects this code from intentional damage or concealment.
Who can be punished under Section 58?
Anyone who knowingly or intentionally damages, conceals, or alters source code required by law to be maintained can be punished, including developers, employees, or hackers.
What are the penalties under Section 58?
Penalties include imprisonment for up to three years, fines up to two lakh rupees, or both, depending on the severity of the offence.
Does Section 58 apply to all source code?
The section applies only to source code that is legally required to be kept or maintained under any law in force at the time.
How does Section 58 protect businesses?
It safeguards businesses by criminalizing tampering with source code, preventing sabotage, data loss, and ensuring software reliability and security.