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The criminal trespass can also result in other penal activities punishable under Indian Penal Code like cyber theft that can be punishable under section 378 of Indian Penal Code.

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If the cracker only trespasses the system without any intention to harm, it only remains a form of civil liability under section 43A.

Penal liability of cracking arises when the intention or the liability of the cracker to harm the system or steal any important information gets established. Further, what is sensitive personal data has since been clarified by the central government vide its Notification dated 11 April 2011 giving the list of all such data which includes password, details of bank accounts or card details, medical records, etc. The corporate responsibility for data protection is greatly emphasized by inserting Section 43A whereby corporate are under an obligation to ensure adoption of reasonable security practices. His was introduced under the amendment of the act in 2008. The section deals with the compensation that should be made for failure of protection of the date. Section 43A of the IT Act deals with the civil liability of cyber offenders. However, there is a huge misconception about the two and both the terms are used interchangeably in today’s context even when they mean different. Whereas cracker id the one who intentionally breaks into the computer programs of others without having the authority to do so and has a malicious intention to harm the network security. They never intentionally damage the data.

They constantly try to improve the programs to improve the programming.

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They try to discover loopholes in the software and find reasons for the same. Hackers are those people who are very good at computer programming and use their skills in a constructive way to help the government and various other organizations to protect their important information and company secrets. There is a very slight line of demarcation drawn between the two words- hacking and cracking after the amendment of the IT act in 2008. This shows the lack of evidence and the difficulty in arresting a hacker. In the infamous case of Amit Tiwari, who was a global hacker, he has hacked more than 950 accounts since 2003 and was caught by the police only in 2014.

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The official website of Maharashtra government was hacked, and the hackers were not traceable.There have been some professional hackers in India who have taken huge amounts to hack data from websites. The websites of state governments have also been hacked in the past. The government, to reduce hacking of precise work, has agreed to the proposal of DEITY, which is the department of information and technology to stop using popular email ids for official purpose and has sanctioned a budget of Rs. Some time back, the Principal Comptroller of defense accounts website was hacked due to which defense officials could not access their salary information. There have been numerous hacking attacks on Indian government websites where state government websites or defense websites have been hacked. The amendment rephrased section 66 and section 43 by removing the word hacking from the Act. The reason for the same was that ethical hacking is taught by a lot of professionals at various schools and colleges, and colleges cannot teach anything illegal. Under the amendment IT Act in 2008, the word ‘hacker was removed from the act. So a need was felt to differentiate between good and bad hacking. Ethical hacking is also being taught by various professionals at schools and colleges. Hacking earlier used to refer to a crime under section 43 of the IT Act but at the same time, ethical hacking or better known as white collar hacking was considered legal.