The Information Technology Act

&
Cyber Crimes

Vakul Sharma
When men are pure, laws are useless; when
men are corrupt, laws are broken
- Benjamin Disraeli
 Believe it or not!
The Information Technology Act, 2000 is the
second technology related legislation in
India in the last 115 years.

The first one was the Indian Telegraph Act,

1885.
 Believe it or not!
India is the 12th Country in the world to have a
legislation that gives legal sanctity to digital
signatures.

Effective from 17 October, 2000.

E-sign Act of the US, giving legal sanctity to

electronic signatures came into existence on
1 October, 2000.
 Believe it or not!
First enactment which has given
comprehensive legal definitions of terms
like, ‘computer’, ‘computer network’,
‘data’, ‘computer database’, etc.
• It is the Information Technology Act, 2000
that has granted legal sanctity to ICT
practices in India.

• Effective from October 17, 2000.

• Subsequent amendments took place –

October 27, 2009.
 IT Act….
• Enabling – it enables use of electronic records & digital
signatures

• Facilitating – it facilitates e-Governance & e-commerce

• Regulatory – it imposes civil and criminal sanctions

 Approach
• The Act is based on:

“FUNCTIONAL-EQUIVALENT”
APPROACH.
 Criteria
• It is a Technology-Intensive Law.
• It accepts “Digital Signatures” as an
authentication standard. It will give the
identity of the sender and authenticate the
contents.
• It ensures the Integrity, Authenticity and
Non-repudiation of the information to
which it corresponds.
 An Omnibus Legislation
• Electronic contracts
• Use of electronic records & digital signature
(Public Key Infrastructure)
• e-Governance
• Computer crimes (cyber contraventions &
offences)
• Obscenity in electronic form (including
child pornography)
• Data protection & privacy
• Cyber security & cyber terrorism
• Electronic surveillance, blocking &
monitoring
• Regulatory mechanism – in terms of setting
up of process of adjudication under
Adjudicating Officer & Cyber Appellate
Tribunal
Cyber Crimes
 (Dis)Advantages of Being a Cyber Criminal
• Complete Anonymity

• No Immediate Physical Risk

• Prevention Expensive and Uncertain

• Lag Between Action and Detection

• The Tools of Offence are Legitimate

• Knowledge of Cyber Forensics

 Cyber Crimes

Cyber crime is a collective term

encompassing both ‘cyber contraventions’
and ‘cyber offences’.
 IT Act, 2000 and Cyber Crimes
• The contraventions and offences have been
expressed in broad terms.

• It has laid down the regulatory mechanisms for the

Certifying Authorities, penalty provisions,
investigation process, adjudication procedures and
appeal provisions.

• The Act provides a hierarchy of regulatory

authorities having their respective administrative
set-ups.
Cyber Contraventions Cyber Offences
Deals primarily Deals with
with unauthorized computer, computer
access to computer, system or computer
computer system or network related
computer network. ‘serious’ offences.
S.43 (a) to (j), 43A Ss.65-74

May result in civil May result in

prosecution. criminal
prosecution.
Cyber Contraventions Cyber Offences

Judicial Judicial
proceedings before proceedings to be
the Adjudicating held before the
Officer. appropriate ‘Court’
as per the nature of
offence, whether
cognizable or non-
cognizable.
Provision of appeal. Provision of appeal.
 Cyber contaventions
Civil offences
• Unauthorised access to data,
information or computer database*
Section 43 (a): unauthorised access;
Section 43 (b): unauthorised
downloading, copying or extraction of
data;
Section 43 (c): introducing
virus/computer contaminant;
* Compensation upto Rs. 5 crores
Section 43 (d): causing damage;
Section 43 (e) : causing disruption;
Section 43 (f): denial of access;
Section 43 (g): facilitating access;
Section 43 (h): availing services in an
unauthorised manner;
Section 43(i): diminishing value or utility of
information;
Section 43(j): steals, conceals, destroys or alter
any computer source code used for computer
resource
Cyber Offences
 Section 66
Computer related offences
Criminal offences
• Section 66: computer related
offences
• Section 66A: causing
annoyance, inconvenience
by means of false
information
• Section 66B: dishonestly
receiving stolen data etc.;
• Section 66C: identity theft;
• Section 66D: cheating by
personation
• Section 66E*: Harming
bodily privacy
• Section 66F: Cyber
terrorism
* Sexual Harassment of Women at
Workplace (Prevention, Prohibition and
Redressal) Act, 2013
Section 66A-66E attracts three years or fine
amount of 1 lakh of rupees or both

Section 66F attracts life imprisonment

• The Hon’ble Supreme Court in one of its
interim order in Binu Tamta v High Court
of Delhi & Ors. [WP(C) 162 of 2013], dated
17.07.2013 led to the formation of “The
Gender Sensitisation & Sexual
Harassment of Women at the Supreme
Court of India (Prevention, Prohibition
and Redressal) Regulations, 2013”
 Section 67, 67A & 67B*
Obscenity in electronic form
* Child pornography
** Protection of Children from Sexual Offences
Act (POCSO), Act 2012
Publishing of information which is obscene in
electronic form[S.67]
Whoever publishes or transmits or causes to be published in
the electronic form, any material which is lascivious or
appeals to the prurient interest or if its effect is such as to
tend to deprave and corrupt persons who are likely, having
regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it, shall be
punished
imprisonment (first conviction)* : extends up to 3 years,
fine : extends up to five lakh rupees
imprisonment (second or subsequent conviction)*:
extends up to 5 years, fine : extends up to ten lakh rupees
 S.67 B Punishing Child Pornography*

Punishment for publishing or transmitting of

material depicting children in sexually
explicit act, etc. in electronic form
imprisonment (first conviction) : extends up to
5 years, fine : extends up to ten lakh rupees
imprisonment (second or subsequent
conviction): extends up to 7 years, fine :
extends up to ten lakh rupees
• Section 69. Power to issue directions for
interception or monitoring or decryption of
any information through any computer
resource.
• Section 69A. Power to issue directions for
blocking access of any information through
any computer resource.
• Section 69B. Power to authorise to monitor
and collect traffic data or information
through any computer resource for cyber
security.
 IT Act and Jurisdiction

The Act does not take citizenship into account.

It applies to any offence or contravention committed

outside India by any person [S.1(2)] irrespective
of his nationality [S.75], if his conduct
constituting the offence or contravention involves
a computer, computer system or computer
network located in India.
Uncertainty is the only certainty there is,and
knowing how to live with insecurity is the
only security.
- John Allen Paulos
 Thanks

Email:vakulsharma@gmail.com