Unit I

Cyber Law & Power of Arrest without Warrant under the IT

ACTs, 2000

Q.) What is Cyber Law? What are needs of cyber law?

➔ Cyber Law:-
✓ Law means rules and regulation passed by the parliament or the
judgment given by the courts are also known as law. The violation of
law amounts the punishment in the form of fine, compensation or
imprisonment (jail).
✓ Cyber law Cyber space refers to computer, internet, website, data,
emails, networks, software, data storage devices & electronics devices
such as cell phones, ATM machine etc.
✓ Thus, Cyber law is a branch of law that is governing issues related to
Cyber space such as
1. Cyber Crime .
2. Electronic- Commerce .
3. Intellectual Property Rights (IPR).
4. Applied to Cyber Space.
5. Data Protection & Privacy etc.
✓ In India we have Information Technology ACT 2000 which has been
amended in 2008 to deals with cyber space & cyber crime.

➔ Need of Cyber Law :

✓ There is a question whether computer is boon or bane. Considering the
goodness and badness of computer, internet etc.
✓ We have come across that no doubt computer & internet and
computer devices are good for development of the society but at the
same time we find that there are crimes also increasing in the cyber
space and sometimes there may be a threat to the country, society &
even to the humanity.
✓ The cases like spread of pornographic material, criminal threads deliver
by emails, e-websites that defame someone or spread racial
(Communal hatred).
✓ In the above cases it is argued that the conventional law for such crimes
is not sufficient & there is a big challenge to deal with these complex
 issues.
➔ For Example:
A moveable property is defined as a property of every description except in-
moveable property. The same law defines in-moveable property as land benefits
arising out of land &thinks attach to the earth. In the light of this definition
computer is a moveable property.
A legal challenges emerges because of mobility of data such as computer,
software are very expensive & in the market pirated software or easily available &
from pirated software people or making lot of money.
Hence, because of such complexing the conventional laws unfit to handle the
issues relating to cyber space & a need of new law was necessitated.

❖ Offence (section 80):-

❖Cognizable Offence :-
✓ The offence in which arrest without warrant is provided are called
cognizable offence.
✓ In case of cognizable offence the polices has the power to arrest the
person without warrant (order of arrest from the court/court order )
✓ Example : cognizable offences are those offence which are serious in
nature such as murder, rape, dowry, kidnapping, theft etc.
✓ Characteristics :
1. FIR is First Information Report is registered with the police.
2. Police can start investigation without taking the permission from the
 court.
3. The state government is the prosecutor the responsibilities of the
complaining or of victim is only to participate & providing assistance
to the public prosecutor.
4. The burden to prove the allegation lies with the public prosecutor.

✓ Section 154 Cr. P.C. provides that under cognizable offence the police
has to obtain the FIR from the deceased or from eased relatives or
represented without the permission of magistrate & the same has to be
entered in the general diary of the police station.
✓ After completing the investigation the police is required to file the
change sheet before the criminal court & afterword further procedure
like framing the issues, evidence, defense evidence, final argument &
judgment.
➔ Non- cognizable Offence:-
✓ Non-cognizable Offence means a case in which a police officer has no
authority to arrest without a warrant.
✓ Non-cognizable Offence is not serious in nature.
✓ For example: Assault, cheating, forgery, defamation.
✓ Characteristics :
1. FIR is Filed in the court.
2. Investigation of the case cannot be started when the court gives an
order to start the investigation.
3. The investigation can only be started when the court gives an order
to start the investigation.
4. It is the complaint who seeks to prosecute the accused 1.
5. The burden of proving of the offence lies upon the complaints.
6. No FIR can be registered the complaints can file a criminal complaint
in the court of magistrate.

✓ Section 155 of Cr.P.C. says that when an Information is given to an

officer in charge of a police station the police shall enter the substance
of the information in a book refer the same to the magistrate & as no
police officer shall investigate such cases without order of the
magistrate.

IT Title of Punishment Cognizable/ Bail able/

sectio Offence Non-Cognizable Non-Bail able
n
65 Tampering Imprisonment cognizable Non- Bail able
with up to 3 yrs &
computer fine upto
source Rs.2lacs
document.
66 Hacking with Imprisonment cognizable Non-Bail able
computer up to 3 yrs &
system fine upto
Rs.2lacs
67 Publishing or 1.Imprisonme cognizable Non-Bail able
transmitting nt up to 3 yrs
information & fine upto
which is Rs.2lacs
offence in 2.Subsequent
electronic conviction-
form Imprisonment
up to 10 yrs &
fine up to
Rs.2 lakhs

68(2) Failure of Imprisonment cognizable Non-bail able

compliance up to 3 yrs &
by certifying fine upto
authority Rs.2lacs (or
both
together)
69(3) Failure by Imprisonment cognizable Non-Bail able
any person up to 7 yrs.
to assist any
govt.agencies
which is
intersecting
 any
Information
transmitting
through any
computer
resource to
decrypt the
information

70 Access to Imprisonment cognizable Non-bail able

attempt by which many
any extend to 10
unauthorized yrs & fine
person a
protected
computer
system as
notify govt.
in the official
gazette.
71 Misrepresent Imprisonment Non-cognizable Bail able
ation or up to 2 yrs &
separation of fine upto
material fact Rs.2lacs
from the
controller or
certifying
authority for
obtaining any
license or
digital
signature
72 Breach of Imprisonment Non-cognizable Bail able
confidentialit up to 2 yrs &
y & privacy fine upto
Rs.2lacs
73 Publishing Imprisonment Non-cognizable Bail able
 digital up to 2 yrs &
signature & fine upto Rs.1
fall certifying lacs
74 Publication Imprisonment Non-cognizable Bail able
of digital up to 2 yrs &
signature fine upto Rs.1
certificate for lacs
fraudulent
purpose

➔ Section 80 of I.T.Act 2000 : -

✓ A Weapon or a force ?
✓ Section 80 I.T Act state that not withstanding anything contain
in Cr.P.C. any police officer not below the rank of Deputy
Supper Intendment of police or any other officer of the central
government or state government authorized by the central
government many enter any public place & search & arrest
without warrant any person found their in who is reasonably
suspected of having committed or of the committed or of being
about to commit any offence under this Act.
✓ Public place include any public convergence any hotel or any
shop or any other place intended for use.
1) Where any person is arrest sub section 1
2) Other officer such officer shall without any delay arrest
before a magistrate under the
jurisdictions of police station.
3) The provisions of civil provision court C.P.C shall subject to
prevision the section apply so for as may be in relation to
any entry search on arrest made under this section.
 ➔ Loop Holes :-
✓ At first glance of the sec 80 looks like very simple but on the
closure examination on the point of public place create a lot of
confusion which may be leads to a absurd result.
✓ For example :-
Mr. A. Is alleged to have a hack the defense system installed in the
computer network in the defense minister at a Delhi under sec 66 of IT Act
from a cyber cafe in Mumbai. He can be arrested without warrant under
sec 80 only if he is found in the cyber cafe itself or in some other public
place. But if Mr. A goes home and stays there after committing the cyber
crime in the cyber cafe then he cannot be arrested without a warrant.
✓ It has been also argued that section 80 has been legislated
without any consideration for the nature of internet.
✓ Cyber cafe is run by the business man for a profit and not to be
defective and police.
✓ It is impossible for cyber cafe management to monitor every
customer needs privacy so it is impossible for the management
to known whether user is hacking a computer or not. It is their
for the necessity that the hacker are culprit or the accused
should be the arrested without warrant from any place whether
it is public or private.

➔ Suggestion to Remove Anomalies:-

✓ The following suggestion may be help to removing the anomalies from
sec 80 :
1) The power of arrest without warrant only from public place should be
scabbed(finish).
2) The complaint procedure applicator to not-cognizable cases put the
burdain of prosecution upon the complained since cyber crime easily
disregarded the borders and distances therefore it is difficult to
investigate. Hence to put the burdain on the victim to undergo the
complaint procedure could be unreasonable.
3) The Complainant could be also suffer if the real culprit is punished
after a long gap(speedy trial)
 4) It is insulting to the complainant to collected the evidence against the
accused this will discourage the victims
✓ Therefore the following suggestions can be made for restricting sec 80:-
1) The word Public should be deleted from sec1.
2) The explanation should be removed.
3) The words any offence under this act in sub section 1 should be
substituted by words
“Any Cognizable offence under this act.
➔ Safeguard provided by the legislature in sec 80:-
1. The power of arrest without warrant are given to only high
ranking Police officer to avoid the corruption in arrest.
2. The basic of arrest should be reasonable suspicion entertain
by the police officer against the accused.
3. For non-cognizable offence which may not be come under the
IT Act should not be arrested without the permission of the
court.
4. Since, IT Act is a new Act & in developing process, therefore
some more time should be given to make sec 80 more & more
rigid & compact.
 CHAPTER 2
Concept of cyber crime and objectives of cyber crime
as well client features of cyber crime IT Act

Q.) What is cyber crime ?

➔ Cyber crime is any criminal activity that involves a computer, network
device and a network. Cyber crime can be categorized the following three
ways :-
1)Crime in which the computer device is the target such as using a computer
to attack the other computer such as hacking.
2)Crimes in which a computer is used as a weapon using a computer to
commit real world crime such as credit card frauds Cyber terrorism.
3)Crimes in which the computer is used as an accessory to a crime for
example using a computer to store illegally obtain data.
✓ In simple words we can say that cyber crime is an unlawful act where
computer is used as a tool or as a target or both.
✓ Cyber crime can also involve criminal activities such as theft fraud,
defamation, forgery, mischief as of many under IPC.
✓ Hence the abuse of computer may be seen as a threat to the safety and
security of new age crime which are addressed by the IT Act 2000.
➔ Objectives of Information Technology Act 2000
✓ The Information Technology Act 2000 in its preamble provides the
following objectives.
✓ Two provide legal sanction of recognition to electronic commerce that
deals with various modes of communication and the storage of
information.
✓ To Facilitate electronic filling of documents with the Government
agencies.
✓ To amend (change) the Indian penal court the Indian Evidence Act and
banker’s book evidence Act and Preserve Bank of India Act.
➔ Salient feature of Information Technology Act 2000
✓ There are the following Salient features.
1) The Act gives legal recognition to electronic documents
2) Legal recognition on digital signature.
3) It prescribes offences, penalties and punishment.
4) It gives the outline for justice delivery system for Cyber crimes.
 5) It also prescribes the constitution of cyber regulations, advisory
committee, and rules, etc.
6) It also proposed to amend Evidence Act,IPC,Banker Book Evidence
Act, RBI Act.
7) The IT Act is spread in thirteen Chapters the first schedule covers
with documents or transaction and the second schedule deals
with electronic signature, authentication techniques and
procedure.
→ Computer Related Crimes.
1) Hacking
2) Teenage Web Venders
3) Cyber fraud and Cyber cheating
4) Virus on the Internet.
5) Defamation, Harassment and Email abuse
6) Cyber Pornography.
7) Any other Cyber offences.

1)Hacking :-
Hacking can be made in the following ways.
It refers to breaking into computer System. Hacking also means where hackers
destroys, deletes, after any information to stored in the computer system or
diminishes its value or utility.
Hacker is a person who hacks the computer system the can be classified in the
following.
a) Code Hackers.
b) Phreakers
c) Cyber Punks
d) Crackers

a)Code hackers :-
They have knowledge of intricacies of computer system and dear operation.
b) Phreakers:-
Phreakers have deep knowledge of Internet and Telecommunication system.
c) Cyber Punks :-
Cyber Punks specialized in cryptography (It is a method of storing and
transmitting data it can also be used for users authentication)
 d)Crackers :-
Crackers the Backers into computer security system.
Out of all Cyber crimes hacking are now is the biggest threat to Internet and E-
commerce. The hacking is causing the huge loss which may be calculated in
billions and trillions if the hacking is unchecked it may cause a serious threat in
future to e-commerce and because of threat and its security system the e-
commerce is going to be costlier.
India is centre point of Pakistan; and Chinese hackers they sometimes insert al
link to pornographic website and also website of SEBI(Stock Exchange Board of
India ) had been Hacked there may be some reason for hacking such as
1) For fun as a hobby mostly teenagers
2) To damage competitors Business.
3) For fraud and misappropriation.
4) To test the Client system, Internet security and to win their confidence.
➔ Punishment for Hacking:-
The punishment for hacking is as under
a) An imprisonment upto 3 yrs.
b) Imprisonment with a fine which may extend to 2 Lacs of props.
c) Sometimes the punishment as mentioned above may be given together(a
and b).
➔ Case Law: -
✓ In feb 2001 two person Mr. Amit and Mr. Kapil blocked access to the
complained website on the grounds of non-payment of charges for
hiring web space. They not only blocked but displayed the message
site closed due to non-payment of bill.
✓ Blocking access was legal but display of message amounted to
hacking and wrongful loss under section 66 of IT Act and Section 23
of IPC
✓ The IT Act also covers the damages up to rupees 1 core on the
commission of computer related crimes without the permission of
owner.
2)Teenage Web Vandals:-
✓ Artech, Nemesustn, Team holocaust and Doo-Doo Knew are teenage
Web Vandals also called by security experts as ankle, biters packet
monkeys and script kiddies.
✓ It is noted that this teenage web vandals either deface web pages or
tag remarks on websites.
✓ This type of cyber crime has become fashionable and hot fabric of
teenagers nudism in India.
✓ E.g:-How to hack CD’s are easily and cheaply available only for 100-200-
300 which is affordable for any student such CD’s are helpful in cracking
a game to hacking a internet account and hijacking computer./
✓ The significant motivating factor of teenage criminality which is district
from other teenage crime such as drug abuse and violence.
✓ It can be checked by impacting information about the adverse
consequences of cyber crime to the IT Industry and the society the
parents can prevent children and check their acts.

3)Cyber Fraud :-
➔ Fraud :-
✓ A fraud is a deliberate deception to secure unfair and un lawful game or
to despised or to victim of a legal right section 17 of the Indian Contract
Act says fraud means and includes anty one of the following Acts
committed by a party through a contract with an intend to deceive
another party or his agent or to induced him to enter into the contract
1. The suggestion as a fact of that which is not true, by one who does not
believe it to be true.
2. By concealing (hide ) the material fact knowingly
3. A promise made without an intention to perform
4. Any other Act fitted to deceive
5. Any Act or a mission as the law declares to be fraudulent.
6. All Acts which amount to be cheating would be fraud but all fraud may all be
cheating.
✓ Section 25 of IPC also defines the fraud a person is said to do fraudulent
things if he does that thing with the intend to defraud the other person.
✓ Some of the examples of fraud in the cyber crime or as under like
misuse of credit cards by obtaining password by hacking, bogus
investment, deceptive investment, newsletter containing falls
 information, auctions of website (online auction) and misappropriation
and transfer of funds.
➔ Cyber cheating :-section 4/5 of IPC defines cheating
Under Section :
✓ who is ever deceiving any person proudulenty or dishonestly the
person so deceive to deliver any property to any person or to concept
that any person shall return any property or intentionality induces. The
person so deceived to do or aimed to do any, it he were not so
deceived and which act or a mission causes or is likely to cause
damages or harm.
✓ Dishonest concealment of fetch is a deception.
✓ Eg. Mr.A boy exhibition to Z. a fall sample of an article intentionality
deceives Z into believing that the article corresponding with the sample
and there by dishonestly involves Z to buy and pay for the article. In this
case A has Cheated.

➔ Punishment :-
The punishment for cheating is an imprisonment which may extended
upto 1 year or with fine or both as per section 4/7

➔ Virus:
Section 43 Act IT Act says: -
✓ Computer virus move, any computer virus any computer instruction
info. Data or programming that are destroy, damage or adversely
affected the performance of computer.
✓ The edge it self to another computer resource and program, data or
instruction is executed or some other event take place in the computer.
✓ Example:-
The low bug virus come as an attachment to an e-mail with the subject I
love u and when the victim clicks on attachment all the files in the
victim’s computer with junk data thereby destroy or damaging all the
details.
✓ Damage and computer content to destroy, to modify to re-arrange any
computer by anomies.
➔ Fine: -
 ✓ The info at IT Act in the damage concern not executively to the victim
the Act at planning virus or other content marks in the computer is also
liable at mischief which is define under section 45.
✓ Mischief many, if a person with intent to course is knowing that is out is
likely to course, wrong to loss or damage to the public or any person is
said to committee mischief.
✓ The punishment for mischief if the loss is ranging from rs.50 lac is
punishable with imprisonment for expectedly two years all with fine or
with both (imprisonment & fine together).
➔ Deformation & harassment &email abuse: -
✓ Deformation means, injury or lowering down reputation of accuses.
✓ Deformation is an offence under the IPC (India Panel court) consist of
following essential:
1) Publishing any bad articles are writing which is lowering the
representation of person.
2) Imputation is made intension of causing to the reputation of a
person.
3) Imputation is made by overall words is damaging reputation of a
person.
✓ These are three types of determination
1) Libel :- This is are retained definition.
2) slander :- This is oral definition.

➔ Punishment :-
Section 500 of IPC gives the following punishment.
1) An imprisonment for a term which many extended to two years.
2) With fine many also be post.
3) Imprisonment and fine many both many be avoided together.

➔ Exception :-
In the following bases the imputation doesn’t amount to be an offense.
1) Imputation which is true concerning any person if it is for public good
2) An in good faith regarding the conduct of any person and the following
any public question.
3) Publishing a true report of processing a court of justice.

Any expression if it is made in fetch representing the……………………………..

 ➔ Illustration :-
If in good fetch complaint of conduct at servent to 2 – master this is not del.
➔ Arrestment :-
Who ever creatives any other to course injury, body,reputation or property
with an internet to cause a long to that person is called “Arrastment”
If the thread is cause throught the committee the following Act
1) To cause deth gerious.
2) To cause destraction of property by fire to impute unhastity to a women.
➔ Punishment:-
The person is punishable with improvement for vectors which may or right or
both.
Women are the criminal to seek revenge or sheet arrestment.
Insulating the modesty offen upon her privancy is punishable with simple
impressement which may extrent to one year or with fine or with both.
❖ Cyber pornography :-
Punishment for publishing or transmitting of material at detecting children is
sexuality in explicit Act in electronic from is converted by section 67 of IT Act.
The pornography computer be made in following ways.
A,B,C,D punished or transmitted.
A) Material :-
Children is age in sexually explicit out or conduct.
B) Create a digital image, advertises, promotes, distribute, material in any
electronic form despectively children off seen or intenset, private children
relationship with one or more children and make sexual relationship.

The person involved in such attribute online is punish in the following.

1) The person is involved in such acivities is liable for two layers connection.
a) An impressement which many extended to 5 years.
b) Fine which may extended to 6 looks.
2) a) With an impressement which may extended to 7 years.
c) Fine which may extends to 10 lacks.
In this section the convisment is make where the child is below the age
18 years.
✓ Section 43 of IT Act says that if any person committee any of the
following he shall be likely as to paid damages by way of exceeding to
the affectively party to the following cases.
 i. A lawyer engaged to draft the agreement
must be properly briefed which will cover all
the aspect in the contract.
ii. Every manager and entrepreneur in the IT
needs to be aware at all legal aspects of E-
Contract.
iii. Every E-Consumer must understand the terms
of contract.
➔ The IT Act 2000 is not applicable to the following transaction by
virtue of section 1(4)
1. Negotiable investment Act 1881. Promissory note, Bill of
Exchange, Cheque.
2. Power of Attorney as defined in the power of Attorneys Act 1882.
3. Trust.
4. Will:- defined under Indian Succession Act.
5. Contract for sale of immovable property.
6. Any other clause or document as notified by the central
government.

❖ Types of Agreement used in Electronic Form:-

1. Shrink Wrap.
2. Click Wrap.

1. Shrink Wrap:-
➔ Shrink Wrap Contract or licensed agreement.
➔ The terms and condition which can be read and accepted by the
consumer after opening the product.
➔ The terms describe the shrink wrap plastic wrapping used to coat
software boxes.
➔ It is a practice to enclose warranty cards and contract terms inside
boxes containing products other than software’s.
➔ The terms all generally available to review after the product have
been bought and open.
 ➔ There are the following controversies regarding the shrink wrap
software’s
a. A consumer does not get the opportunities to know the terms and
condition of the software license before its purchase.
b. The terms in the contract are not connected because, it is
enforceable.
c. There is no chance to negotiate the contract.
d. They are for fixed terms of time.
e. They are void because they may be against public policy.

2. Click Wrap:-
➔ A click wrap agreement is mostly found as part of installation process
of software package. It is also called a click through agreement or
click wrap license.

❖ Types of click wrap agreement:-

1. Types and click:-
➔ Where the user must type accept or other specified word in and on
screen box and then click a submit. This displays acceptance and the
user cannot proceed to download or view the target information
without following the steps mentioned.

2. Icon clicking:-
➔ Where the user must click on an OK on every button on a dialogue
box or pop-up window a user indicate reaction.
➔ There are the following controversies Lapses.
a. It lacks bargaining power.
b. The term of service may not always appear on the web page. It
must be properly structured so as to enhance the credibility.
c. It user should be allowed to access the process easily.
❖ Formation of Contract under Indian Contract Act 1872:-
2(a) Offer/Proposal
2(b) Acceptance.
➔ Contract under Section 2(h)
➔ A contract enforceable by law is called an contract.
➔ Agreement after + Acceptance.
➔ Contract an agreement + it’s enforceable.
2(c) Agreement:-
➔ Every promise and every set of promise forming the consideration
for each other is any agreement.
➔ Agreement means, where a person is saying to another person to do
or not to do something and the other person is doing the same and
agreement is said to be born between them. This is also known as
“Offeror / Promisor” and the person who accept it is known as
offeree / Promisee.
➔ Enforceability means, that the agreement must be recognized by the
law.
2 (d) Consideration:-
Latin:-quid pro quo (Something in written).
➔ Consideration is called soul of contract and therefore, it is said that
no consideration no contract.
➔ Void:- An agreement not enforceable by law is called “Void
Agreement”.
➔ Voidable:- An agreement which is enforceable by law of the option
one or more of the parties there through but not at the option of
others is a voidable contract.
Voidable contract is also a contract where the consent of a party
is affected by any one of the following elements.
a. Coercion → Threat to the Body / Property.
b. Under influence → undue pressure.
c. Fraud.
d. Miss-representation.
e. Mistake.
❖ Communication of offer / Proposal and Acceptance :-
➔ The communication of offer or proposal can either be made by oral
way or written way an offer is said to be a complete offer.
❖ Communication of Acceptance:-
➔ An offeree often accepting the proposal can send it back to the
offeror but sometimes an acceptance is forwarded to the offeror
butmay not be reaching to the offeror.
➔ The law at this point is that nearly putting the acceptance in the
course at transmission such as it post pax, tellax is said to be
complete whether it is reaching to the knowledge of offeror or not.
❖ Revocation:-
➔ A proposal may be revoked at anytime before the communicate of
its acceptance an acceptance may be revoked at anytime before the
communication at it’s acceptance is received as against the acceptor
but not as the words.
❖ Contract formation on Internet:-
➔ Contract creates a relationship of right and obligations between the
parties Section 11, 12 and 13 plays important role in the for nation at
E-record. Could be attributed to the originator if it was sent by:-
a. The originator himself.
b. A person who may be the agent / authority to act at behalf of the
originator.
c. An information system programmed by or on behalf of the
originator to operate automatically.
❖ Place:-
➔ Creation an termination at right and obligation of the parties in the
contract.
➔ Territorial jurisdiction.
➔ Applicability of laws of land evidentiary consequences.
❖ Time:-
➔ Determination of the time at period at limitations for initiating
litigation (case).
➔ Timely compliance at legal obligation (duties) and procedures.
➔ As we know that electronic records or in the form of date,
records, images or sound stored received or sound in electronic form
or microfil at the same time there are certain problems in
ascertaining the time and place of dispatch and receipt of electronic
records.
➔ As well the geographical borders may not be located at the time
of making the contract.