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CYBER LAW: AN ANALYSIS

Introduction

‘Technology is a gift of God. It continues to grow to liberate mankind

from the constraints of the past. The most revolutionary aspect of
technology is its mobility as it jumps easily over barriers of race and
language, and its mobility is still increasing.’ 1

Technology has without doubt an impact on the society. As a matter of

fact, we experience this effect in our daily lives, on the growth of the
economy, our culture and our living standards. It is however important to
note that the benefits are a double-edged sword with some being
detrimental and others being beneficial.2

In India, there has been a long and distinct tradition of scientific research
and technological advancement since ancient times. After independence,
we have accelerated our speed and efforts in this field and have
established many research laboratories, institutions of higher learning and
technical education. The results have been such, as would make anybody’s
heart swell with pride, confidence and a sense of fulfillment. 3 This
improvement in the field of science and technology has led to the usage of
electronic devices. The usage of electronic devices and other technologies
on the other hand has led to many abuses.

In order to have an effective control over these abuses, the IT Act, 2000
was enacted.
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Information Technology Act, 2000

The IT Act aims to provide the legal infrastructure for e-commerce in

India. Cyber laws have a major impact for e-businesses and the new
economy in India. So, it is important to understand the various
perspectives of the IT Act, 2000 and what it offers.4

This Act aimed to provide legal recognition for transactions carried out by
means of electronic data interchange and other means of electronic
communication, commonly referred to as “electronic commerce”, which
involve the use of alternatives to paper-based methods of communication
and storage of information, to facilitate electronic filing of documents with
the Government agencies and further to amend the Indian Penal Code, the
Indian Evidence Act, 1872, the Banker's Books Evidence Act, 1891 and
the Reserve Bank of India Act, 1934 and for matters connected therewith
or incidental thereto.

The IT Act, 2000, attempts to change outdated laws and provides ways to
deal with cyber crimes. Such laws help people to perform transactions,
over the Net through credit or debit cards without any fear of misuse. The
Act offers the much-needed legal framework so that information is not
denied legal effect, validity or enforceability, solely on the ground that it is
in the form of electronic records.

In view of the growth in transactions and communications carried out

through electronic records, the Act seeks to empower government
departments to accept filing, creating and retention of official documents
in the digital format. IT also proposes a legal framework for the
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authentication and origin of electronic records / communications through

digital signature.5

In this era, the concept ‘Cyber world’ emerged, where people can use their
electronic devices by protecting and securing their access all over the
world, without any geographical boundaries. It is otherwise known as the
‘Cyber space’, as its access is open to all.

Cyber law, under the IT Act, 2000 emerged as it aimed to control the
crimes occurring in the cyber world.

CYBER CRIMES

There is no specific definition in the IT Act 2000 for cyber crimes. Cyber
crimes involve a computer and a network. In some cases, the computer
may have been used in order to commit the crime, and in other cases, the
computer may have been the target of the crime.6

1
Professor Freeman J. Dyson, of Institute of Advanced Studies, Princeton, in his book
“Infinite in all Directions,”
2
Available at http://myessaypoint.com/how-technology-effects-our-
society#ixzz3e2ao7PPi
3
Available at http://www.shareyouressays.com/1034/essay-on-scientific-and-
technological-development-in- india-free-to-read visited on 25 July 2015 at 09:00 p.m.
4
Available at http://www.ijlt.in/pdffiles/Information-Technology-Act-(as
%20amended%20in%202008).pdf.
visited on 25 July 2015 at 09:30 p.m.
5
Available at http://www.cyberlawsindia.net/Information-technology-act-of-
india.html visited on 25 July 2015
at 07:00 p.m.
6
Available at http://study.com/academy/lesson/what-is-cyber-crime-definition-
types-examples.html visited on
23 July 2015 at 09:00 p.m.
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In simple terms, crimes which are committed in the cyber space, using
electronic devices are known as cyber crimes and persons committing
such crimes are known as cyber criminals. Cyber fraud, cyber theft,
hacking, cyber stalking, cyber pornography etc, are a few examples of
cyber crimes.

IMPORTANCE OF CYBER LAW

Cyber law is important because it touches almost all aspects of

transactions and activities concerning the Internet, the World Wide Web
and Cyberspace. Initially, it may seem that a cyber law is a very technical
field, and that it does not have any bearing to most activities in
Cyberspace. But the actual truth is that, nothing could be further than the
truth. Whether we realize it or not, every action and every reaction in
Cyberspace has some legal and Cyber legal perspectives.
In view of the growth in transactions and communications carried out
through electronic records, the Act seeks to empower government
departments to accept filing, creating and retention of official documents
in the digital format. The Act has also proposed a legal framework for the
authentication and origin of electronic records / communications through
digital signature.

CYBER LAW IN INDIA

When Internet developed, the founding fathers hardly had any inclination
that it could transform itself into an all pervading revolution which could
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be misused for criminal activities and which required regulation. Today,

there are many disturbing things happening in cyberspace.

Due to the anonymous nature of the Internet, it is possible to engage into a

variety of criminal activities with impunity and people with intelligence,
have been grossly misusing this aspect of the Internet to perpetuate
criminal activities in cyberspace.

Hence the need for Cyber laws in India was taken into great consideration.
From the perspective of e-commerce in India, the IT Act 2000 and its
provisions contain many aspects. This not only helps in the growth of
cyber space in India, but also curbs various offences and crimes by
including punishments and fines.

In SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra 7, the plaintiff

filed a suit for permanent injunction restraining the defendant from
sending derogatory emails to the plaintiff.

The plaintiff contended that the emails sent by the defendant were
distinctly obscene, vulgar, abusive, intimidating, humiliating and
defamatory in nature and the aim of sending the said emails was to malign
the high reputation of the plaintiffs all over India and the world.

The Delhi High Court restrained the defendant from sending such abusive
emails either to the plaintiffs or to its sister subsidiaries all over the world
including their Managing Directors and their Sales and Marketing
departments.
7
Suit No. 1279/2001 Delhi HC
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Further, Hon'ble Judge also restrained the defendant from publishing,

transmitting or causing to be published any information in the actual world
as also in cyberspace which is derogatory or defamatory or abusive of the
plaintiffs. This order of Delhi High Court assumes tremendous
significance as this is for the first time that an Indian Court8 assumes
jurisdiction in a matter concerning cyber defamation and grants an
injunction restraining the defendant from defaming the plaintiffs by
sending defamatory emails.

OFFENCES

The Act aims to improvise the field of electronic world and other related
activities in India. But there are a few negative aspects that hinder
development and growth of the cyber world. A few cyber crimes are
mentioned in brief below.

 Hacking - A hacker is an unauthorized user who attempts to or

gains access to any information system. Hacking is a crime even if
there is no visible damage to the system, since it is an invasion into
the privacy of data. There are different classes of Hackers.
i. White Hat Hackers.
ii. Black Hat Hackers - They may steal, modify data or insert viruses
which damage the system. They are also called ‘crackers’.
iii. Grey Hat Hackers.

8
http://www.prashantmali.com/cyber-law-cases visited on 25 July 2015 at 09:00 a.m.
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 Cyber Stalking - This crime involves use of internet to harass

someone. The behavior includes false accusations, threats etc.
Normally, majority of cyber stalkers are men and the majority of
victims are women.
 Spamming - Spamming is sending of unsolicited bulk or
commercial messages over the internet.
 Cyber Pornography- (Fatima Riswana v. State Rep. by ACP.,
Chennai & Ors 9).
 Phishing - It is a criminally fraudulent process of acquiring
sensitive information such as username, passwords, and credit card
details by disguising as a trustworthy entity in an electronic
communication.
 Software Piracy - It is an illegal reproduction and distribution of
software for business or personal use. This is considered to be a
type of infringement of copy right and a violation of a license
agreement. Since the unauthorized user is not a party to the license
agreement it is difficult to find out remedies.
 Corporate Espionage - It means theft of trade secrets through
illegal means such as wire taps or illegal intrusions.
 Money Laundering - It means moving of illegally acquired cash
through financial and other systems so that it appears to be legally
acquired.
 Embezzlement - Unlawful misappropriation of money, property or
any other thing of value that has been entrusted to the offender’s
care, custody or control is called embezzlement.
9
AIR 2005 712.
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 Password Sniffers - Password sniffers are programmes that

monitor and record the name and password of network users as
they log in, jeopardizing security at a site.
 Credit Card Fraud.
 Web Jacking - The term refers to forceful taking of control of a
web site by cracking the password.

PUNISHMENTS
The Act prescribes very high punishments for such crimes. The
Information Technology (Amendment) Act, 2008 (Act 10 of 2009), has
further enhanced the punishments. Life imprisonment and a fine up to
Rupees Ten lakh may be given for certain classes of cyber crimes.
Compensation up to Rupees Five crores can be given to affected persons if
any damage is done to the computer, computer system or computer
network by the introduction of virus, denial of services etc.10
Sections 65-74 of the Act specifically deal with certain offences, which
can also be called Cyber Crimes. A few offences along with its
punishments/fine are stated below:
 Tampering with any computer source code used for a
computer, computer programme, system or computer
network, is punishable with imprisonment up to three years, or
with fine which may extend up to two lakh rupees, or with both.11

10
S. 46(1-A).
11
"Computer source code" means the listing of programs, computer commands,
design and layout and program
analysis of computer resource in any form.(S.65)
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 Hacking with computer system is to be punished with

imprisonment up to three years, or with fine which may extend up
to five lakh rupees, or with both.(S. 66)
 Sending offensive or false information through computer or a
communicative device is punishable with imprisonment up to
three years and with fine.(S.66A)
 Punishment for Cyber terrorism may extend to imprisonment
for life. (S.66F)
 Publishing transmitting information which is obscene in
electronic form shall be punished on first conviction with
imprisonment of three years and with fine up to five lakh rupees
and in the event of a second or subsequent conviction with
imprisonment five years and also with fine which may extend to
ten lakh rupees. (S. 67).
State of Tamil Nadu Vs Suhas Katti 12,.was a notable case for the fact
that the conviction was achieved successfully within a relatively quick
time of 7 months from the filing of the FIR. The case was related to
posting of obscene, defamatory and annoying message about a divorcee
woman in the yahoo message group. E-Mails were also forwarded to the
victim for information by the accused through a false e-mail account
opened by him in the name of the victim. After the crime was conclusively
proved, the accused was found guilty of offences under section 469, 509
IPC and 67 of IT Act 2000 and the accused was convicted and was
sentenced for the offence to undergo RI for 2 years under 469 IPC and to
pay fine of Rs.500/-and for the offence u/s 509 IPC sentenced to undergo
12
2004
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1 year Simple imprisonment and to pay fine of Rs.500/- and for the
offence u/s 67 of IT Act 2000 to undergo Rigorous Imprisonment for 2
years and to pay fine of Rs.4000/-. This is considered as the first case
convicted under section 67 of Information Technology Act 2000 in India.

 Punishment for disclosure of information in breach of contract

is imprisonment for a term up to three years or with fine up to five
lakh rupees or with both. ( S. 72A)
 Punishment for publishing Digital Signature Certificate false
in certain particulars is with imprisonment for a term up to two
years, or with fine up to one lakh rupees, or with both. (S.73).13
(Sanjay Kumar vs. State Of Haryana14)

CONCLUSION

The IT Act, 2000 attempts to change outdated laws and provides ways to
deal with cyber crimes. The cyber world is a new field which is emerging
fast as people find it easier to access them and do whatever they want like
banking, booking tickets, shopping etc using their electronic devices. On
the other hand there is also a negative side of this.

Cyber law under the IT Act, 2000 was put forth to protect the bona fide
users in the cyber world. The Act offers the much-needed legal framework
so that information is not denied legal effect, validity or enforceability,
13
Available at http://www.img.kerala.gov.in/docs/downloads/cyber%20crimes.pdf
visited on 25 July 2015 at
09:20 a.m.
14
10th  Jan, 2013 CRR No.66 of 2013 (O&M) 1
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solely on the ground that it is in the form of electronic records.The

punishments and penalties mentioned are to curb such crimes.
Cyber laws are implemented as an essential legislation in today’s global
world for achieving global peace, harmony, development of science and
technology and economic growth.

REFERENCES