Information Technology Act 2000

IT Act, 2000
 Any thing related to
computer technology
 Enacted on 17th May 2000-
India is 12th nation in the
world to adopt cyber laws
 IT Act is based on Model
law on e-commerce adopted
by UNCITRAL
 Contain 90 sections, divided
into 13 chapters and 4
schedules.
 Objectives of the IT Act 2000

 To give legal recognition to any transaction which is done by

Electronic way.
 To give legal recognition to digital signature
 To provide facility of filling document online
 Provide electronic storage
 To stop computer crime and protect privacy of internet users.
 To give legal recognition for keeping books of accounts
 To give more power to IPO, RBI and Indian Evidence
act for restricting electronic crime
 To amend outdated laws and provide ways to deal with
cybercrimes.
 Advantages
 Helpful to promote E-Commerce
• E mail is valid.
• Digital signature is valid.
• Payment via credit card is valid.
• Online contract is valid.
 Enhance the corporate business
 Filling online form
 High penalty for cyber crime
 Established a Cyber Appellate Tribunal to resolve disputes
rising.
 The Act now allows Government to issue notification on the
web
 Disadvantage

 Infringement of copyright has not been included in this law.

 No protection for domain name.
 The act is not applicable on the power of attorney, trust and
will.
 No provision of payment of stamp duty on electronic
document.
 Any contract for the sale or conveyance of immovable
property or any interest in such property.
 Chapters

 1. Preliminary(Section 1 to 2)
 2. Digital Signature and Electronic Signature(Section 3 to
3A)
 3. Electronic Governance(Section 4 to 10A)
 4. Attribution, Acknowledgement And Dispatch Of
Electronic Records(Section 11 to 13)
 5. Secure Electronic Records And Secure Electronic
Signature(Section 14 to 16)
 6. Regulation Of Certifying Authorities(Section 17 to 34)
 7. Electronic Signature Certificates(Section 35 to 39)
 8. Duties Of Subscribers(Section 40 to 42)
 Chapters

 9. Penalties, Compensation And Adjudication(Section 43 to

47)
 10. The Appellate Tribunal(Section 48 to 64)
 11. Offences(Section 65 to 78)
 12. Intermediaries Not To Be Liable In Certain
Cases(Section 79 )
 12A. Examiner Of Electronic Evidence(Section 79A)
 13. Miscellaneous(Section 80 to 90)
 TYPES OF CYBER CRIMES
 Cyber terrorism
Crime against Government
 Cyber pornography
 Defamation
 Cyber stalking (section 509 IPC)
Crime against persons
 Sale of illegal articles-narcotics,
weapons, wildlife
 Online gambling Crime against property
 Identity Theft
 Computer Viruses
 TYPES OF CYBER CRIMES

 Intellectual Property crimes- software piracy, copyright

infringement, trademarks violations, theft of computer source
code
 Email spoofing/spamming
 Forgery
 Credit card frauds
 Ransomware
 DDoS Attack
 Botnets
 Malvertising
 TYPES OF CYBER CRIMES

Cyber crimes

Web jacking

Denial of
Information E-mail Salami Trojan
Hacking Service
Theft bombing attacks attacks
attacks
Frequency of reporting Cybercrime in
India
 According to a survey, frequency of complaint filed by
Indians are much higher, that is, 32% higher compared
with that of the U.S., U.K. where it ranges only about 11-
15%
 Cybercrime cases in India, registered under the IT Act,
increased at a rate of 300 percent between 2011 and 2014.
 India recorded 9,622, 11,592 and 12,317 cases of
cybercrime in 2014, 2015 and 2016 respectively.
 According to national crime record bureau, 569 cases out
of 5987 cyber crime cases were motivated by sexual
exploitation in 2015-2016.
 Cybercrimes in India almost doubled in 2017, according
to the National Crime Records Bureau (NCRB).
 Amendment(IT Act 2008)

 The term ‘digital signature’ has been replaced with 'electronic

signature' to make the Act more technology neutral.
 A new section has been inserted to define ‘communication
device’.
 A new section has been added to define cyber cafe.
 A new definition has been inserted for intermediary.
 A new section 10A has been inserted.
 Security procedures and Practices under section 16.
 Amendment(IT Act 2008)
 The damages of Rs. One Crore prescribed under section 43 of
the earlier Act of 2000 for damage to computer, computer
system etc. has been deleted.
 The relevant parts of the section43 have been substituted by
the words, 'he shall be liable to pay damages by way of
compensation to the person so affected'.
 A new section 43A has been inserted.
 Sections 66A to 66F has been added to Section 66 prescribing
punishment for offences.
 Section 67 of the IT Act, 2000 has been amended.
 Amendment(IT Act 2008)
 Sections 67A to 67C have also been inserted.
 In view of the increasing threat of terrorism in the country, the
new amendments include an amended section 69
 Cognizance of cases and investigation of offences
 Section 78 defines that investigation of offences is to be done
only by Deputy Superintendent of police.
 Section 79 of the Act which exempted intermediaries has been
modified
 Indian Computer Emergency Response Team(CERT) was
appointed on 27th Oct. 2009.
 Section 65

 Offence: Tampering with computer source document

 Most important asset of software companies
 “Computer Source Code" means the listing of programmes,
computer commands, design and layout
 Description:
 Knowingly or intentionally conceals, destroys or alters or
intentionally or knowingly causes another to conceal,
destroy or alter any computer source code
 Punishment:
 Imprisonment up to three years and / or fine up to Rs. 2,00,000
 Cognizable and Bailable
 Section 66
 Offence: Hacking
 Description:
 Intention to cause or knowing wrongful loss or damage to the
public or any person
 Destruction, deletion, alteration, diminishing value or utility or
injuriously affecting information residing in a computer
resource
 Punishment:
 Imprisonment up to three years, or/and with fine up to
Rs.5,00,000
 Cognizable, Bailable
 Notable cases
Section 66
 In February 2001, in one of the first cases, the Delhi police
arrested two men running a web-hosting company. The
company had shut down a website over non-payment of dues.
The owner of the site had claimed that he had already paid and
complained to the police.
 The Delhi police had charged the men for hacking under
Section 66 of the IT Act and breach of trust under Section 408
of the Indian Penal Code. The two men had to spend 6 days in
Tihar jail waiting for bail. Bhavin Turakhia, chief executive
officer of directi.com, said that this interpretation of the law
would be problematic for web-hosting companies.
 Notable cases
Section 66
 In February 2017, M/s Voucha Gram India Pvt. Ltd, owner of
Delhi based Ecommerce Portal www.gyftr.com made a
Complaint with Hauz Khas Police Station against some
hackers from different cities accusing them for IT Act / Theft /
Cheating / Misappropriation / Criminal Conspiracy / Criminal
Breach of Trust / Cyber Crime of Hacking / Snooping /
Tampering with Computer source documents and the Web Site
and extending the threats of dire consequences to employees
 Four hackers were arrested by South Delhi Police for Digital
Shoplifting
 Section 66A

 Offence: Sending offensive messages

 Description:
 sending “offensive” messages through a computer or any other
communication device like a mobile phone or a tablet

 Punishment:
 Imprisonment for a term which may extend to three years and
with fine
 Cognizable and Bailable
 Notable cases
Section 66A
 In September 2012, a freelance cartoonist Aseem Trivedi was
arrested under the Section 66A of the IT Act, Section 2 of
Prevention of Insults to National Honour Act, 1971 and for
sedition under the Section 124 of the Indian Penal Code. His
cartoons depicting widespread corruption in India were
considered offensive.
 On 30 October 2012, a Puducherry businessman Ravi
Srinivasan was arrested under Section 66A. He had sent tweet
accusing Karti Chidambaram, son of then Finance Minister P.
Chidambaram, of corruption. Karti Chidambaram had
complained to the police.
 Notable cases
Section 66A
 On 19 November 2012, a 21-year-old girl was arrested from
Palghar for posting a message on Facebook criticizing the
shutdown in Mumbai for the funeral of Bal Thackeray.
Another 20-year-old girl was arrested for "liking" the post.
They were initially charged under Section 295A of the Indian
Penal Code (hurting religious sentiments) and Section 66A of
the IT Act. Later, Section 295A was replaced by Section
505(2) (promoting enmity between classes).
 Revocation by the Supreme Court(66A)

 From its establishment as an amendment to the original act in

2008, Section 66A attracted controversy over its
unconstitutional nature.
 On 24 March 2015, the Supreme Court of India, gave the
verdict that Section 66A is unconstitutional in entirety. The
court said that Section 66A of IT Act 2000 is "arbitrarily,
excessively and disproportionately invades the right of free
speech" provided under Article 19(1) of the Constitution of
India.
 But the Court turned down a plea to strike down sections 69A
and 79 of the Act, which deal with the procedure and
safeguards for blocking certain websites.
 Section 66B

 Offence: Receiving stolen computer or communication device

 Description:
 receives or retains a computer resource or communication
device which is known to be stolen
 or the person has reason to believe is stolen.
 Punishment:
 Imprisonment up to three years, or/and with fine up to
Rs.1,00,000
 Cognizable, Bailable
 Section 66C

 Offence: Using password of another person

 Description:
 fraudulently uses the password, digital signature or other
unique identification of another person
 Punishment
 Imprisonment up to three years, or/and with fine up to
Rs.1,00,000
 Cognizable, Bailable
 Section 66D

 Offence: Cheating using computer resource

 Description:
 cheats someone using a computer resource or communication

 Punishment
 Imprisonment up to three years, or/and with fine up to
Rs.1,00,000
 Cognizable, Bailable
 Section 66E

 Offence: Publishing private image of others

 Description:
 captures, transmits or publishes images of a person's private
parts without his/her consent or knowledge.
 Punishment
 Imprisonment up to three years, or/and with fine up to
Rs.2,00,000
 Cognizable, Bailable
 Section 66F

 Offence: Acts of cyberterrorism

 Description:
 If a person denies access to an authorized personnel to a
computer resource, accesses a protected system or introduces
contaminant into a system, with the intention of threatening
the unity, integrity, sovereignty or security of India, then he
commits cyberterrorism
 Punishment:
 Imprisonment up to life
 Cognizable, Non-Bailable
 Section 67

 Offence: Publishing obscene information in electronic form

 Description
Publishing or transmitting or causing to be published in the
electronic form, Obscene material
 Punishment
 On first conviction
• imprisonment of up to five years and fine up to Rs. 1,00,000
 On second conviction
• Imprisonment of up to seven years and fine up to Rs. 1,00,000
 Cognizable, Bailable in 1st conviction and Non-Bailable in 2nd
convection, JMIC/ Court of Sessions
 Section 67A

 Offence: Publishing images containing sexual acts

 Description:
 publishes or transmits images containing a sexual explicit act
or conduct.
 Punishment
 On first conviction
• imprisonment of up to five years and fine up to Rs. 10 lakh
 On second conviction
• imprisonment of up to seven years and fine up to Rs. 10 lakh
 Cognizable, Non-Bailable in both convection
 Section 67B
 Offence: Publishing child porn or predating children online
 Description:
 captures, publishes or transmits images of a child in a sexually
explicit act or conduct.
 If a person induces a child into a sexual act.
 A child is defined as anyone under 18.
 Punishment:
 On first conviction
• imprisonment of up to five years and fine up to Rs. 10 lakh
 On second conviction
• imprisonment of up to seven years and fine up to Rs. 10 lakh
 Cognizable, Non-Bailable in both convection,
 Section 67C

 Offence: Failure to maintain records

 Description:
 Persons deemed as intermediatary (such as an ISP) must
maintain required records for stipulated time.
 Failure is an offence.
 Punishment:
 Imprisonment up to three years, or/and with fine.
 Cognizable, Bailable
 Section 68
 Offence: Failure/refusal to comply with orders
 Description:
 The Controller take such measures or cease carrying on such
activities as specified in the order
 if those are necessary to ensure compliance with the provisions
of this Act, rules or any regulations made thereunder.
 Any person who fails to comply with any such order shall be
guilty of an offence.
 Punishment:
 Imprisonment up to three years, or/and with fine up to
Rs.2,00,000
 Non-Cognizable, Bailable
 Section 69

 Offence: Failure/refusal to decrypt data

 Description:
 Controller issues order to Government agency to intercept any
information transmitted through any computer resource.
 Order is issued in the interest of the sovereignty or integrity of
India, the security of the State, friendly relations with foreign
States, public order or preventing incitement for commission
of a cognizable offence
 Punishment
 Imprisonment up to seven years and possible fine.
 Cognizable, Non-Bailable
 Section 70
 Offence: Securing access or attempting to secure
 Description:
 Securing unauthorised access or attempting to secure
unauthorised access to ‘protected system’
 Acts covered by this section:
 Switching computer on / off
 Using installed software / hardware
 Installing software / hardware
 Port scanning
 Punishment:
 Imprisonment up to 10 years or/and with fine
 Cognizable, Non-Bailable, Court of Sessions
 Sections 71

 Offence: Misrepresentation
 Description:
 Making any misrepresentation to, or suppression of any
material fact
 from, the Controller or the Certifying Authority for obtaining
any license or Digital Signature Certificate
 Punishment:
 Imprisonment up to three years, or/and with fine up to
Rs.1,00,000
 Non-Cognizable, Bailable
 Computer Related Crimes under IPC
and Special Laws
Sending threatening messages by Sec 503 IPC
email
Sending defamatory messages by Sec 499, 500 IPC
email
Forgery of electronic records Sec 463, 470, 471
IPC
Bogus websites, cyber frauds Sec 420 IPC
Email spoofing Sec 416, 417, 463
IPC
Online sale of Drugs NDPS Act
Web - Jacking Sec. 383 IPC
Online sale of Arms Arms Act
 Cognizable or non cognizable
Bailable or Non-Bailable
 If punishable with death, imprisonment for life or
imprisonment for more than 7 years: Cognizable, Non-
Bailable, Court of Session
 If punishable with imprisonment for 3 years and upwards but
not more than 7 years: Cognizable, Non-Bailable, Magistrate
of First Class
 If punishable with imprisonment of less than 3 years: Non-
Cognizable, Bailable, Any Magistrate ( or Controller of CAs)
 The offence punishable with imprisonment less than 3 years:
Non Cognizable and Bailable
 Cognizable or non cognizable
Bailable or Non-Bailable
 The offence punishable with imprisonment of three years:
Cognizable and Bailable
 The offence punishable with imprisonment of more than three
years: Cognizable and Non-Bailable
 Cyber stalking

 Ritu Kohli (first lady to register the cyber stalking case) is a

victim of cyber-stalking. A friend of her husband gave her
phone number and name on a chat site for immoral purposes.
A computer expert, Kohli was able to trace the culprit. Now,
the latter is being tried for "outraging the modesty of a
woman", under Section 509 of IPC.
 In 2013 the Indian penal code was amended on the impact of
Nirbhaya rape case. Sections 354A, 354B, 354C, 354D was
inserted on the recommendation of justice J.S. Varma
committee.
 Cyber stalking

 Section 354D deals with stalking of a women.

 Section 354D is limited, because there is no specific
provisions for if a male stalked.
 90% of the victims are women and 95% of stalkers are men.
 Mostly the teenagers are victimized
 Kinds of Cyber Stalking:
 There are three kinds of cyber stalking.
• E-mail stalking
• Internet stalking
• Computer stalking
 Cyber defamation
 SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra:
 India’s first case of cyber defamation was reported when a
company’s employee (defendant) started sending derogatory,
defamatory and obscene e-mails about its Managing Director.
The e-mails were anonymous and frequent, and were sent to
many of their business associates to tarnish the image and
goodwill of the plaintiff company.
 The plaintiff was able to identify the defendant with the help
of a private computer expert and moved the Delhi High Court.
The court granted an ad-interim injunction and restrained the
employee from sending, publishing and transmitting e-mails,
which are defamatory or derogatory to the plaintiffs.
Positive Initiatives & Recommendations

 Mumbai Cyber lab is a joint initiative of Mumbai police and

NASSCOM has been set up.
 More Public awareness campaigns
 Training of police officers to effectively combat cyber crimes
 In a public-private partnership, public sector Canara Bank, the
Karnataka Police department and NASSCOM have jointly set
up the lab, which would train 1,000 officials every year.
 The trained officers would be able to analyze and scrutinize
data on hard disks, track e-mails, extract evidence using
internet and mobile phones and cybercrime-related legislation.
 Establishment of National Critical Information Infrastructure
Protection Centre (NCIIPC) for protection of critical
information infrastructure in the country.
Positive Initiatives & Recommendations
(contd.)

 More Cyber crime police cells set up across the country

 Effective E-surveillance
 Websites aid in creating awareness and encouraging reporting
of cyber crime cases.
 Specialized Training of forensic investigators and experts
 Active coordination between police and other law enforcement
agencies and authorities is required.
 Cyber Swachhta Kendra (Botnet Cleaning and Malware
Analysis Centre) has been launched for providing detection of
malicious programmes and free tools to remove such
programmes.
 CONCLUSION

 During the last two decades, Information Technology

sector has witnessed exponential growth.
 Technology has become part and parcel of our daily life
and has multiplier effect in every sector of industry.
 The major pitfall of this phenomenal growth has given rise
to cybercrimes at an alarming rate.
 To combat this growing challenge, first legislation came
in the year 2000.
 Since Cyber Criminals were found to be a step ahead of
technology.
 CONCLUSION

 Regular amendments became need of the hour.

 After introduction of Act 2000 many amendments or
notifications are being issued as per requirement.
 We have discussed the legislations so far introduced and
proposed the improvements that can be incorporated on issues
like spamming, integrity of transactions and pornography in
further amendments of IT Act.