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Section72A
The Information Technology Act, 2000

Punishment for disclosure of information in breach of lawful contract

In force From 17 Oct 2000 Act 21 of 2000 As on 14 Oct 2026

Act 21 of 2000 Ministry Electronics and Information Technology Enacted 09 Jun 2000 In force 17 Oct 2000

Section 72A of the Information Technology Act, 2000 deals with punishment for disclosure of information in breach of lawful contract. Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to caus The Act came into force on 17 Oct 2000.

1[72A. 2[Penalty] for disclosure of information in breach of lawful contract.---Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person, shall be 3[liable to penalty which may extend to twenty-five lakh rupees].]

Section 72A, The Information Technology Act, 2000 (Act 21 of 2000).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Vimalakar Reddy Bathena vs State of Karnataka

    High Court 06 Jun 2019 Persuasive (Other High Court)

    Court's Decision & Legal Precedent

    Section 72A of the Information Technology Act, 2000 applies only when the person aggrieved by the disclosure of personal information is the person whose personal information has been disclosed. A person cannot invoke Section 72A for disclosure of information relating to an account or personal data that does not belong to him. Furthermore, Section 72A requires that the person invoking it must be bound under a lawful contract with the person making the disclosure. In the absence of these essential elements, prosecution under Section 72A constitutes an abuse of the process of court and is liable to be quashed under Section 482 CrPC.

    On this section: The court analyzed the provision prohibiting disclosure of information in breach of lawful contract. The court held that this section applies only when: (1) the person is aggrieved by the disclosure, (2) the person has secured access to material containing personal information under a lawful contract, (3) there is intent to cause wrongful loss or knowledge of likelihood of causing wrongful loss, and (4) disclosure is made without consent or in breach of lawful contract. The court found none of these elements were satisfied as the account belonged to the account holder (Kiran Jyothna Patur) and

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 72A

What have the courts held on Section 72A of the Information Technology Act?

Vimalakar Reddy Bathena vs State of Karnataka (06 Jun 2019) is the leading judgment on this section among those set out below: The court analyzed the provision prohibiting disclosure of information in breach of lawful contract. The court held that this section applies only when: (1) the person is aggrieved by the disclosure, (2) the person has secured access to material containing personal information under a lawful contract, (3) there is intent to cause wrongful loss or knowledge of likelihood of causing wrongful loss, and (4) disclosure is made without consent or in breach of lawful contract. The court found none of these elements were satisfied as the account belonged to the account holder (Kiran Jyothna Patur) and.

How do I find court cases under Section 72A of the Information Technology Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IT Act 72A, section 72A IT Act, section 72A of the Information Technology Act. People searching for it also type income tax act 72a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vimalakar Reddy Bathena vs State of Karnataka (06 Jun 2019).

When did Section 72A of the Information Technology Act come into force?

Section 72A of the Information Technology Act, cited as IT Act 72A, came into force on 17 Oct 2000, having been enacted on 09 Jun 2000. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.