Response

The person who has done carding has committed the offense of identity theft which is a punishable offense in India. The carder, if reported and caught, would be punished under Section 66C of the Information Technology Act, 2000.

Section 66C mentions that whoever cheats by means of a computer or a communication device is liable for punishment with a term of imprisonment which can be up to 3 years and the offender is also liable to pay fine up to INR 1 Lakh. Most of the Telegram fraudsters will claim that they are carders and if you knew that the person was a carder or if he claimed to be a carder and you ordered despite it, then you can be liable for punishment as well. Ignorance of law is not a defence in India.

Whether a person is a hacker, carder or even a consumer, he will get the punishment from court according to the facts of the case. If the case is reported, you might become a party to it and can be given punishment in form of either a fine or imprisonment. However, if you did not know that the person was a carder, you can claim the defence of ignorance of fact under Section 76 and 79 of the Indian Penal Code, 1860.

Reference: Section 66C of the Information Technology Act, 2000 and Section 76 and 79 of the Indian Penal Code, 1860

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LAWAYZ-2023-679