BSM P.G.

COLLEGE,
ROORKEE

TOPIC:- IT ACT- 2000

SESSION :- 2020-21

Submitted To:- Submitted By:-

Sagar Saini
B.Com IInd Year
Roll No:- 19341110310
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 To amend outdated laws and provide ways to deal with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
 Cyber pornography
 Defamation
 Cyber stalking (section 509 IPC)
 Sale of illegal articles-narcotics,
weapons, wildlife
 Online gambling
 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
 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.
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.
 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
 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.