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Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Crimes and Investigation Procedures

CERT-In: Functions and Powers under Section 70B

Updated 11 October 2026 · Fact-checked

CERT-In is the Indian Computer Emergency Response Team, a Government agency appointed by the Central Government under Section 70B of the IT Act, 2000. It is the national agency for cyber incident response. It collects and analyses incident data, issues alerts and advisories, coordinates response, and can direct service providers, intermediaries, data centres and body corporates. Non-compliance is punishable.

Understand CERT-In: National Agency for Incident Response (Section 70B)

Cyber incidents such as hacking, ransomware and data breaches spread fast and cross organisations. The country needs one agency that sees the whole picture and can act quickly. Section 70B of the IT Act, 2000 creates that agency: the Indian Computer Emergency Response Team (CERT-In).

The Central Government appoints CERT-In by notification in the Official Gazette. It is an agency of the Government. The Central Government gives it a Director General and other officers and employees as prescribed. Their salary, allowances and terms and conditions are also as prescribed.

Section 70B(4) makes CERT-In the national agency for these functions in the area of cyber security: collecting, analysing and spreading information on cyber incidents; forecasts and alerts of incidents; emergency measures for handling incidents; coordinating response activities; issuing guidelines, advisories, vulnerability notes and white papers on information security practices, procedures, prevention, response and reporting of incidents; and any other prescribed functions. The manner of performing its functions and duties is as prescribed.

The real teeth are in sub-section (6). To carry out its functions, CERT-In may call for information and give directions to service providers, intermediaries, data centres, body corporates and any other person. Failing to provide the information or to comply with a direction is an offence under sub-section (7): imprisonment up to one year, or fine up to one crore rupees, or both. The one crore limit replaced one lakh from 30 November 2023.

Sub-section (8) is a safeguard. No court can take cognizance of an offence under this section except on a complaint made by an officer authorised by CERT-In. Private persons and the police cannot start the case on their own.

The Act text gives the powers. Detailed operational rules, such as reporting timelines, come from rules and directions made under the section. If you cite specific hours or lists of reportable incidents, say they come from CERT-In's directions and not from the section itself.

Key rules to remember

Establishment
S.70B(1)-(3): Central Government appoints CERT-In by Gazette notification; provides Director General and staff as prescribed
CERT-In is a Government agency, not a statutory company or a private body.
Functions
S.70B(4)(a)-(f): collect, analyse, disseminate incident information; forecast and alerts; emergency measures; coordinate response; guidelines, advisories, vulnerability notes, white papers; other prescribed functions
Remember as: Collect, Alert, Emergency, Coordinate, Advise, Other.
Power to call for information and direct
S.70B(6): may call for information and give direction to service providers, intermediaries, data centres, body corporate and any other person
Exercised to carry out sub-section (4) functions.
Penalty
S.70B(7): imprisonment up to 1 year, or fine up to ₹1,00,00,000, or both
Fine limit was one lakh before 30-11-2023. The punishment is for failing to provide information or to comply with a direction.
Cognizance
S.70B(8): only on a complaint by an officer authorised by CERT-In
Courts cannot take cognizance on any other basis.
Related sections
S.70A: national nodal agency for Critical Information Infrastructure Protection; S.69B: authorised agency monitors traffic data for cyber security
Do not mix these with CERT-In's role under S.70B.

How to solve CERT-In: National Agency for Incident Response (Section 70B) questions

Use this method for any question on CERT-In, whether it is theory or a case.

  1. 1Identify the question type: functions, powers, penalty, or a fact scenario.
  2. 2State that CERT-In is appointed by the Central Government under Section 70B(1) as the national agency for incident response.
  3. 3Match the facts to the correct limb of sub-section (4) if the question is about functions. Name the clause.
  4. 4For directions, apply sub-section (6): check whether the addressee is a service provider, intermediary, data centre, body corporate or any other person, and whether the direction relates to CERT-In's functions.
  5. 5Apply sub-section (7) for default: imprisonment up to one year, or fine up to one crore rupees, or both.
  6. 6Apply sub-section (8) on cognizance: a complaint by an authorised officer is needed.
  7. 7If timelines or reportable incident types are involved, attribute them to CERT-In's directions and rules, not to Section 70B.
  8. 8Conclude in one clear line and add a practical compliance point, such as a designated point of contact and incident logs.

Quickest way: Six-clause recall for Section 70B

When to use it: Short-answer questions and when time is tight in a case-based paper.

  1. Write: Who - Central Government appoints CERT-In (sub-s 1-3).
  2. Write: What - the six functions of sub-s (4), in a list.
  3. Write: Power - call for information and direct (sub-s 6).
  4. Write: Penalty - up to 1 year, or fine up to ₹1 crore, or both (sub-s 7).
  5. Write: Safeguard - complaint by authorised officer only (sub-s 8).
  6. Close with the practical point: keep logs and report incidents as per CERT-In directions.

Common mistakes in CERT-In: National Agency for Incident Response (Section 70B)

  • Stating the fine as one lakh rupees.

    Older notes carry the pre-amendment figure.

    Fix: Write fine up to one crore rupees. It was substituted for one lakh from 30 November 2023.

  • Saying the penalty is imprisonment and fine both mandatory.

    Students confuse it with Section 69(4) or 69A(3), where imprisonment up to seven years and fine apply.

    Fix: Section 70B(7) says imprisonment up to one year or fine or both.

  • Attributing the six-hour reporting rule to Section 70B itself.

    The section is searched together with the 2022 directions.

    Fix: The section gives the power to call for information and direct. Specific timelines come from CERT-In directions made under it. Say so.

  • Mixing CERT-In with the national nodal agency under Section 70A.

    Both sections sit next to each other and deal with cyber security.

    Fix: Section 70A concerns Critical Information Infrastructure Protection. Section 70B concerns incident response.

  • Saying directions can be given only to intermediaries.

    Students remember Sections 69A and 69B, which address intermediaries.

    Fix: Section 70B(6) covers service providers, intermediaries, data centres, body corporates and any other person.

  • Forgetting the cognizance bar.

    Students stop at the penalty.

    Fix: Add that a court takes cognizance only on a complaint by an officer authorised by CERT-In.

Worked examples

Example 1

Nilgiri Data Services Pvt Ltd, a data centre operator, ignores a written direction from CERT-In asking for logs relating to a ransomware incident. Advise on the legal position.

Show the solution
  1. CERT-In is the national agency under Section 70B, and collecting information on cyber incidents and coordinating response are its functions under sub-section (4).
  2. Under sub-section (6), CERT-In may call for information and give direction to data centres and body corporates. Nilgiri is both.
  3. The request relates to a cyber incident, so it falls within CERT-In's functions.
  4. Under sub-section (7), failure to provide the information or comply with the direction is punishable with imprisonment up to one year, or fine up to ₹1 crore, or both.
  5. Under sub-section (8), a court can take cognizance only on a complaint by an officer authorised by CERT-In.

Answer: Nilgiri has committed an offence under Section 70B(7). It faces imprisonment up to one year, or fine up to ₹1 crore, or both. Proceedings need a complaint by a CERT-In authorised officer. It should supply the logs promptly.

Example 2

List the functions of CERT-In under Section 70B(4) and state the extent of its power to obtain information.

Show the solution
  1. State that CERT-In is the national agency in the area of cyber security.
  2. List the functions: (a) collection, analysis and dissemination of information on cyber incidents; (b) forecast and alerts of cyber security incidents; (c) emergency measures for handling incidents; (d) coordination of incident response activities; (e) issue of guidelines, advisories, vulnerability notes and white papers on security practices, procedures, prevention, response and reporting; (f) other prescribed functions.
  3. State the power in sub-section (6): call for information and give direction to service providers, intermediaries, data centres, body corporates and any other person.
  4. State the consequence under sub-section (7) and the cognizance rule under sub-section (8).

Answer: CERT-In performs the six functions in Section 70B(4)(a) to (f). It may call for information and direct service providers, intermediaries, data centres, body corporates and any other person. Default is punishable with imprisonment up to one year, or fine up to ₹1 crore, or both, on a complaint by an authorised officer.

Exam tips

  • Write the section number for each limb: 70B(4) functions, (6) power, (7) penalty, (8) cognizance.
  • In case questions, name the addressee category from sub-section (6) before concluding.
  • Quote the current fine, one crore rupees, and mention the 2023 change if space allows.
  • Keep Sections 70A, 69, 69A and 69B penalties separate. Only 70B(7) is one year or one crore.
  • Add a practical drafting or compliance point, such as nominating a contact person and maintaining incident logs.

Practice questions from Cyber Crimes and Investigation Procedures

CERT-In: National Agency for Incident Response (Section 70B): frequently asked questions

What is CERT-In under Section 70B?

It is the Indian Computer Emergency Response Team, a Government agency appointed by the Central Government by Gazette notification. It is the national agency for cyber incident response.

What is the penalty for not complying with a CERT-In direction?

Imprisonment up to one year, or fine up to one crore rupees, or both. This applies to a service provider, intermediary, data centre, body corporate or other person who fails to provide information or comply with a direction.

Is the six-hour incident reporting rule in Section 70B?

No. The section only gives CERT-In power to call for information and give directions. Reporting timelines come from directions CERT-In issues under that power. Check the current directions in your study material.

Who can file a complaint for an offence under Section 70B?

Only an officer authorised by CERT-In. Courts cannot take cognizance of the offence on any other complaint.