Assignment on Cyber Laws

Assignment Three

1. What is the crime and provisions if A changes password of B’s

computer withouthis knowledge?
Section 70. Protected System: Any person who secures access or attempts to
secure access to a
protected system in contravention of the provision of this section shall be
punished with
imprisonment of either description for a term which may extend to ten years and
shall also be
liable to fine.
Section 70. Protected System: Any person who secures access or attempts to
secure access to a
protected system in contravention of the provision of this section shall be
punished with
imprisonment of either description for a term which may extend to ten years and
shall also be
liable to fine.
Ans:
Section 70 in The Information Technology Act, 2000- Protected
System: Any person who secures access or attempts to secure access to a
protected system in violation of the provision of this section shall be
punished with imprisonment for a term which may extend to ten years and
shall also be liable to fine too.

2. What is the crime if A shares nude pictures with B, her friend in good
faith but Bshares them with others without A’s consent?
Ans:
Section 66E of the Information Technology Act punishes the violation
of privacy by transmission of images of the private area of persons without
their consent. However, this section is problematic since it requires that the
image be captured without the consent of the person depicted in the image.
Section 354C must be added that punishes the act of sharing and
distributing images which were captured with consent but are being shared
and distributed without consent

3. What are the legal provisions if A, an executive in office sends nude

pictures to B,his female colleague who wants to make a complaint?
 Ans:
Section 66E in The Information Technology Act, 2000: Whoever,
intentionally or with his or her knowledge captures, publishes, or transmits
the image of a private area of any person without his or her consent,
violating the privacy of that person, shall be punished with imprisonment
which may extend to three years or with fine not exceeding two lakh
rupees, or with both.

4. What is the offence if, A requests his son B to do research for a

presentation in hisoffice and B downloads a catchphrase from a book
and gives it to A who makesthe presentation and the company likes the
catchphrase and uses for marketing aproduct?
Ans:
Copyright Infringement: Copyright infringement or violation, means that
the rights afforded to the copyright holder, such as the exclusive use of a
work for a set period, are being breached by a third party. Third party is
copying the work without permission of the owner or the author of the
book.

5. A helps her son in doing a project by downloading some material from

Google andthe project is non-commercial in nature. Is there an offence
committed?
Ans:
No, there is no offence committed. it is permissible to use limited portions
of a workincluding quotes, for purposes such as commentary, news
reporting, and school reports.

6. B publishes a comparative study on growth in children who have

been asked to dodifferent types of exercises. The study is for a
company making lingerie. A dragsB to the court as the report
contains some pictures of private parts of teenagedgirls. Comment on
the legal provisions?
Ans:
 Section 66E of the IT Act punishes privacy violation by transmission of
images of the private area of persons without their consent.
Section 354C, the Indian Penal Code (IPC) 1860: Viewing and/or
capturing the image of a girl or woman during her private acts, where she
thinks that no one is watching her is a crime. It may not be a crime if a
girl or woman agrees to taking of her private photos, it can certainly be
risky to share the private photos. He should have used graphical diagrams
etc.

7. Explain the concept of zero liability and limited liability in banking

frauds?
Ans:
 Zero Liability of a Customer: A customer’s entitlement to zero liability
shall arise where the unauthorised transaction occurs in the following
events: Contributory fraud/ negligenceon the part of the bank
(irrespective of whether the transaction is reported by the customer).
Third party breach where the deficiency lies neither with the bank nor
with the customer but lies elsewhere in the system, and the customer
notifies the bank within three working days of receiving the
communication from the bank regarding the unauthorised transaction.
 Limited Liability of a Customer: A customer shall be liable for the loss
occurring due to unauthorised transactions in the following case: In cases
where the loss is due to negligence by a customer, such as where he has
shared the payment credentials, the customer will bear the entire loss until
he reports the unauthorised transaction to the bank. Any loss occurring
after the reporting of the unauthorised transaction shall be borne by the
bank. In cases where the responsibility for the unauthorised electronic
banking transaction lies neither with the bank nor with the customer, but
lies elsewhere in the system and when there is a delay (of four to seven
working days after receiving the communication from the bank) on the
part of the customer in notifying the bank of such a transaction, the per
transaction liability of the customer shall be limited to the transaction
amount.

8. A asks her classmates to photograph her topless in the classroom.

One of the boyssends those photographs to his brother. What is the
offence?
Ans:
 Section 66E in The Information Technology Act, 2000: Whoever,
intentionally or knowingly captures, publishes, or transmits the image of
a private area of any person without his or her consent, under
circumstances violating the privacy of that person, shall be punished with
imprisonment which may extend to three years or with fine not exceeding
two lakh rupees, or both.

9. A projects himself as PS to the Central Minister for Human

Engineering Ministryand asks B to transfer INR 10 lakh to an
account. Later, it is learnt that he is notPS to the Minister. What is the
offence?
Ans:
Section 66D of the IT Act prescribes punishment for 'cheating by
personation by using computer resource' and provides that any person who
by means of any communication device or computer resource cheats by
personation, shall be punished with imprisonment of either description for
a term which may extend to 3 years and shall also be liable to fine which
may extend to Rs. 1 lakh.

10. A and B are husband and wife who have a marital discord B requests
C, a bankemployee for the bank account summary of a joint account
with either or survivoroperations. a complains to the police. Comment.
Ans:
Since it is a joint account, both the members have equal rights, but since it
is a matter of marital discord and B has only asked for the account
summary, so she has not committed any crime.