IMS Unison University, Dehradun

Online II Mid Term Examination

Question Paper

Word Limit: Up-to 500 words

STUDENT ID No.: IUU15BBL035 PROGRAM & SEMESTER: BALLB(H)/BBALLB(H) X

COURSE CODE : BAL 1006E1/BBL 1006E1 COURSE NAME :Cyber Law

EXAMINATION DATE: April 30, 2020 MAXIMUM MARKS: 60 (All Questions are of 20 marks each)

INSTRUCTIONS TO STUDENTS
1. Fill in your Student ID No.​(except Student ID No., all other details shall be filled by the faculty member before sharing
the question paper).
2. Students will be restricted to write their answers within the space provided or the word limit prescribed by the teacher.
3. After completion, student will save the file name as ​CourseCode.Student ID Number.pdf
(for example BBA201.IUU18BBA001.PDF)a​ nd submit the same to the concerned subject teacher.

Question1: ​What is meant by the term ‘Electronic Governance’? Discuss some Electronic Governance initiatives
undertaken by various State Governments in India. Also, elucidate whether the Information Technology Act, 2000
provides limited Electronic Governance.

Answer1:
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Electronic governance is the incorporation of information and communication technology (ICT) into all
systems with the goal of improving the capacity of the government to meet the needs of the public at large.
The basic aim of e-governance is to simplify processes at the national, state, and local levels for all, i.e.
government, people, companies, etc.

state e-governance initiative.

1)​ K
​ AVERI (Karnataka Valuation and e-registration Project): ( Karnataka )

It is the first public initiative of Private E-Governance for the state. It envisions zero government spending.
Its goal is to computerize and permit more than 200 sub-registrations in the state online, allowing the
registration of properties within 30 minutes of the present 45-day time span. It was awarded the gold medal
for the approach paper at the 6th national conference in October 2002
2)​ “​ Smart School Project”: (karnataka)

In 2002 the government agreed to set up, in partnership with the Microsoft Group, "Smart School Project" in
five state divisions within a year. It will include the program, teacher preparation, and IT curriculum
solution. The Karnataka government received accolades for its in-governance performance from Bill Gates,
the chairman of Microsoft Company.

3)​ "​ Raj-SWIFT": Rajasthan government's Intranet (Rajasthan)

The Rajasthan States Department of Information Technology (DoIT) has developed Governments own
Intranet called as "raj-SWIFT". SWIFT here stands for Statewide Intranet on Fast Track.

This program, designed using Internet technology and resources, will facilitate online data, text, and e-mail
communication between the Chief Minister's office and all 32 District Collectors on a one-to-one basis,
taking the State Chief Executive and District Administration close enough to be just a click away from the
cursor.

4)​ "​ RajNidhi": Information kiosks (Rajasthan)

"RajNidhi" is a web-enabled information kiosk network established jointly by the Department of Information
Technology of Rajasthan State and Rajasthan State Computer Services Agency (RajComp)

Earlier on March 23, 2000, when the US President, Mr. Bill Clinton, visited this village to observe the
functioning of a Gram Panchyat, Nayla became the first village in Rajasthan to have a "Raj Nidhi
Information Kiosk"

5)​ G
​ yandoot – ( Madhya Pradesh )

Gyandoot is an intranet in Madhya Pradesh district of Dhar, linking rural cybercafes that cater to the masses'
daily needs. The website is a Gyandoot intranet extension to provide global access.

The website has the following services to offer: Commodity / Mandi Marketing Information System; Khasra
copies, B1/khatauni and maps; Online application registration; Income Certificate; Domicile Certificate
(mool niwasi); Caste Certificate; Landholder's Land Rights and Loans Passbook (Bhoo adhikar evam rin
pustika).
IT ACT 200 and E-governance.

That there is no Data Protection Act in India, the only provisions relating to data security are Sections 72 and
43 of the Information Technology Act 2000, which also do not provide full safeguards for e-governance but
talk broadly of the same. Either the law needs to be changed to regulate e-governance, or the law needs to be
successful in dealing with the situation for the effective implementation to reach the purpose and the object
for which e-governance came into existence.

Discussions regarding these laws indicate that India lacks adequate legislation to regulate e-governance.
Getting so many laws on the subject and not coping effectively with the subject but discussing it clearly
would not be enough. It is important to bear in mind that the legislation must not be over-regulative in order
to stifle the technology's progress.

Therefore, at the time of drafting the Legislation, the Legislature must take into account the regulations to be
given for better e-governance administration and, at the same time, bear in mind the future growth of
technology to preserve the balance between the two, so that the nation can observe the overall gain in all
domains and at all levels.

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Question2: ​State the various offences & their penalties regarding cyberspace provided under IT Act. Comment
whether these penalties are enough to tackle the threat to cyber security.

Answer2:
…………………………………………………………………………………………………………………

Offences under Information Technology Act, 2000

• Section 65. Tampering with computer source documents:

Anyone who deliberately or intentionally conceals, removes or changes, or intentionally or deliberately

induces another person to conceal, destroy or change any computer source code used for a computer,
computer program, computer system or computer networks when the computer source code is needed to be
retained or retained by statute for a period of up to three years' imprisonment shall be punishable; , or with
fine which may extend up to two lakh rupees, or with both.

Case - Frios v/s State of Kerela

• Section66. Hacking with the computer system:

Whoever with the intention of causing or knowing that he or she is likely to cause wrongful loss or damage
to the public or to any person destroys or deletes or alters any information residing in a computer resource or
decreases its value or usefulness or injuriously affects it by any means, shall commit hacking.

Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may
extend up to two lakh rupees, or with both.

Case - R v/s Gold & Schifreen

• Section 67. Publishing of obscene information in electronic form:

Whoever publishes, transmits or causes it to be published in electronic form, any material that is lascivious or
appeals to the prurient interest, or where its impact is such that it appears to deprave and corrupt persons who
are likely to read or hear the matter contained or embodied in it, having regard to all relevant circumstances;
On a first conviction, any definition shall be punished with imprisonment for a period of up to five years and
with a fine of up to one lakh rupee and, in the event of a second or subsequent conviction, with imprisonment
for a term of up to ten years and with a fine of up to two lakh rupees as well. On second conviction ----
imprisonment up to which may extend to ten years and Fine which may extend up to two lakh rupees.

Case - The State of Tamil Nadu v/s Suhas Katti.

• Section 70. Protected System:

By notification in the Appropriate Gazette, the appropriate government may declare any computer resource
that directly or indirectly affects the Critical Data Infrastructure facility as a protected system; any person
who fails to comply with the notification shall be liable for 10 years' imprisonment with the fine (the sum of
the fine is not defined in the act).

• Section 71. Penalty for misrepresentation:

Whoever, as the case may be, makes some misrepresentation or deletes some material fact from the
Controller or the Certifying Authority in order to obtain any License or Electronic Signature Certificate, shall
be subject to pay a fine of up to Rs.1,00,000/- or imprisonment for up to 2 years or both.

• Section 72. Penalty for breach of confidentiality and privacy:

Whenever any person who has obtained access to any electronic records, books, registrations,
correspondence, information, documents or other material without the permission of the person concerned
discloses such electronic records, books, registrations, correspondence, information, documents or other
materials to any other person, he shall be liable to pay a fine of up to Rs.1,00,000/- or imprisonment for up to
two year, or both.

Comment

Various crimes have also increased due to the rise in digital technology. Owing to the regular introduction of
emerging technologies, the offenses have also increased the need to amend the IT Act 2000 in order to cover
those offenses that are not included in the Act now.

Cyber crime in India is not big, so we have time to tighten up the cyber laws and include the offenses which
are not yet included in the act.

………………………………………………………………………

Question3: ​The Presiding officer of Cyber Appellate Tribunal was charged for misbehavior and was therein removed
by an order of the Central Government. The officer contended that he was neither made aware of the charges nor given
an opportunity to defend himself. In light of these facts, describe the process of Resignation and removal of the
Presiding Officer of CAT. Also, elucidate the powers of Presiding Officer.

Answer3:
…………………………………………………………………………………………………………………

Yes, the presiding officer of the cyber appellate tribunal charged for misbehavior and was removed by an
order of the central government and no one can question the central government. But it's unethical and
arbitrary.

Resignation and removal (Section 54)

(1) The leader of a Cyber Appellate Tribunal may, by notice in writing under his hand addressed to the
Central Government, resign his office:

Provided that the said leader shall, unless he's permitted by the Central

Government to resign its office earlier, continue to hold office until the expiry of three months from the date
of receipt of such notice or until the entry into office of a person properly named as his replacement, or until
the expiry of his term of office, whichever is earliest.

(2) The leader of the Cyber Appellate Tribunal shall not be far from his office except by order of the Central
Government on the ground of proven wrongdoing or incapacity following an inquiry by the Supreme Court
Judge in which the leader concerned has been told of the charges against him and given an inexpensive
opportunity to be heard on those charges.

(3) By rules the Central Government can control the procedure for investigating the misconduct or incapacity
of the aforementioned chief.

• Section 52( A)

In accordance with section 52A, the Chairperson being the Head of the Cyber Appellate Tribunal has both
executive and administrative powers of general superintendence and direction in the conduct of that
Tribunal's affairs which may include presiding over the Tribunal's meetings. Exercising and discharging such
powers and duties as may be recommended by the Tribunal. The Chairperson has the power to move cases
for dismissal to any other Bench either after the specified procedure or suo moto may move any case pending
before a Bench.

• section 52(B)

Where Benches are constituted, the Chairperson of the Cyber Appellate Tribunal may, by order, distribute
the business of that Tribunal amongst the Benches and also the matters to be prescribed by each Bench.

• Section 53 (C)

On the applying of any of the parties and after notice to the parties, and after hearing such of them as he may
deem proper to be heard, or suo motu without such notice, the Chairperson of the Cyber Appellate Tribunal
may transfer any case pending before one Bench, for disposal to the other Bench.

• Section 52 (D)

If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the
point or points on which they differ, and make a regard to the Chairperson of the Cyber Appellate Tribunal
who shall hear the purpose or points himself and such point or points shall be decided in keeping with the
opinion of the bulk of the Members who have heard the case, including those who first heard it.

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