ONE DAY WORKSHOP ON

CYBER SPACE-EMERGING ISSUES AND CHALLENGES

DR. B.R. AMBEDKAR LAW

COLLEGE
 Topics covered

 Cyber Torts

 Cyber Crimes

 IT Act 2000

 Cyber space and women

 Key TAKEAWAY(S) from the
Workshop
 Know what is Cyber space
 You will learn various words with respect to
cyber crime , their meaning and usage
 Understand the history of the IT Act
 Cyberspace & Cyber Torts
 "Cyberspace" is a term coined by William Gibson in his
fantasy novel Neuromancer to describe the "world" of
computers, and the society that gathers around them.
Gibson's fantasy of a world of connected computers has
moved into a present reality in the form of the Internet.
In cyberspace people "exist" in the ether--you meet
them electronically, in a disembodied, faceless form.
 Cyberspace is an inseparable component of financial,
social, government, and political life.
 Cyber torts are probably the most recent and complex
problem to appear on the Internet
 Cybercrime
 Cybercrime is an evolving form of transnational
crime.
 The complex nature of the crime as one that takes
place in the border-less realm of cyberspace is
compounded by the increasing involvement of
organized crime groups.
 Perpetrators of cybercrime and their victims can
be located in different regions, and its effects can
ripple through societies around the world,
highlighting the need to mount an urgent,
dynamic and international response.
 Classification of Cyber Crimes
Cybercrimes are classified into three broad groups:
 Crimes against individual
 Email harassment
 Cyber-stalking
 Fraud and also cheating
 Unauthorized access or control over the computer
system
 Crimes against organization
 Possessing unauthorized information
 Cyber terrorism against a government organization
 Distributing pirated software
 Crimes against society
 Online Gambling
 Financial crimes
 Objectives of I.T. legislation in India
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 Bankers' Books Evidence Act, 1891 and the Reserve Bank of India

Act, 1934 and for matters connected therewith or incidental thereto.

 History of the I.T.Act
 Electronic Commerce Act, 1998
 E-Commerce Laws drafted in India following
UNCITRAL Model recommended by UNO.
 This was over-ridden by the Information
Technology Bill 1999 in December 1999
 The Information Technology (Amendment) Act, 2008
 IT Act 2000 and it’s Jurisdiction
 According to Section 1 (2), the Act extends to the entire
country, which also includes Jammu and Kashmir. In order
to include Jammu and Kashmir, the Act uses Article 253 of
the constitution. Further, it does not take citizenship into
account and provides extra-territorial jurisdiction.

 Section 1 (2) along with Section 75, specifies that the Act is
applicable to any offense or contravention committed
outside India as well. If the conduct of person constituting
the offense involves a computer or a computerized system or
network located in India, then irrespective of his/her
nationality, the person is punishable under the Act.
 Non-Applicability of the IT Act 2000
According to Section 1 (4) of the Information Technology Act,
2000, the Act is not applicable to the following documents:
• Execution of Negotiable Instrument under Negotiable
Instruments Act, 1881, except cheques.
• Execution of a Power of Attorney under the Powers of
Attorney Act, 1882.
• Creation of Trust under Indian Trust Act, 1882.
• Execution of a Will under the Indian Succession Act, 1925
including any other testamentary disposition
by whatever name called.
• Entering into a contract for the sale of conveyance of
immovable property or any interest in such property.
• Any such class of documents or transactions as may be
notified by the Central Government in the Gazette.
 The IT Act 2000
 The IT Act 2000 was mainly to ensure legal recognition
of e-commerce within India. Due to this most provisions
are mainly concerned with establishing digital
certification processes within the country. Cybercrime
as a term was not defined in the act.
 It only delved with few instances of computer-related
crimes. These acts as defined in Chapter XI of the Act
are:
 Section 43– Illegal access, the introduction of the virus, denial of
services, causing damage and manipulating computer accounts.
 Section 65– Tampering, destroying and concealing computer
code.
 Section 66– Acts of hacking leading to wrongful loss or damage.
 Section 67– Acts related to publishing, transmission or causing
publication of obscene/ lascivious in nature.
 The Information Technology (Amendment) Act,
2008
Some of the notable features of the ITAA are as follows:
 Focussing on data privacy
 Focussing on Information Security
 Defining cyber café
 Making digital signature technology neutral
 Defining reasonable security practices to be followed by corporate
 Redefining the role of intermediaries
 Recognising the role of Indian Computer Emergency Response Team
 Inclusion of some additional cyber crimes like child pornography and

cyber terrorism
 authorizing an Inspector to investigate cyber offences (as against the

DSP earlier)
 Limitations of the I.T. Law
 The Internet operates in an environment which
allows infringements to take place with no
clear and convenient jurisdiction in which the
right- holder can file suits. The challenge to the
legal community posed by such an
environment is currently being dealt with at
the national and international level.

 Lack of international cooperation is the only

limitation of this provision.
Structure of the ITAA 2008 and its relation
to other Acts
The Act totally has 13 chapters and 90 sections (the
last four sections namely sections 91 to 94 in the
ITA 2000 dealt with the amendments to the four
Acts namely the Indian Penal Code 1860, The
Indian Evidence Act 1872, The Bankers’ Books
Evidence Act 1891 and the Reserve Bank of India
Act 1934).
Structure of the ITAA 2008 and its
relation to other Acts
 Civil penalties and criminal offences
Civil Wrong
 Denying authorised person access to computer –Sec 43(f)
 Charging the service availed by a person to an account of
another person by tampering and manipulation of other
computer Sec 43(h)
 Failure to furnish information, return, etc. to the Controller
or Certifying Authority Sec - 44
 Civil penalties and criminal offences
Criminal Wrong
 Hacking computer system - 66(1)
 Electronic forgery for the purpose of cheating
Sec 74
 Unauthorised access to protected system 70
Sec. 66C of IT Act :   Punishment for identity theft. -Whoever, fraudulently or
dishonestly make use of the electronic signature, password or any other unique
identification feature of any other person, shall be punished with imprisonment
of either description for a term which may extend to three years and shall also be
liable to fine with may extend to rupees one lakh.

Sec. 66D of IT Act.  Punishment for cheating by personation by using computer

resource. Whoever, by means for any communication device or computer resource
cheats by personating, shall be punished with imprisonment of either description
for a term which may extend to three years and shall also be liable to fine which
may extend to one lakh rupees.
 Real Time cases

The Praagaash Row: An attack on free speech

Section 66A: Do not send offensive messages

The J&K State police have taken cognizance of the threats

issued to the girls on Facebook and registered a case
against several users that they claim to have identified. The
case was registered under Section 66A of the IT Act and
Section 506 (criminal intimidation) of the Ranbir Penal
Code (equivalent of Indian Penal Code in the state of
Jammu & Kashmir).
The Personal Data Protection Bill, 2018
 The Government of India constituted a
committee, chaired by Justice Srikrishna
(retired), Supreme Court of India in August 2017
to design and draft data protection laws for
India. The committee after a year of
deliberations and public consultations has
released a draft bill titled 'The Personal Data
Protection Bill, 2018' (Draft Bill). The Draft Bill
will now be discussed in both houses of the
Parliament of India before it is passed and
adopted with modifications as deemed fit.
THANK YOU