Cyber Law IT Act Section 66 to 66F

This Presentation help To read cyber law section 66 to 66F

1. Presentation on Section 66 to 66F of IT ACT By Shivam Kumar

2. Contents:- Information Technology Act 2000 Why we need a IT Act 2008 Structure of IT Act Section 66 of IT Act Section 66A Section 66B Section 66C Section 66D Section 66E Section 66F

3. Information Technology Act 2000 The Information Technology Act, 2000 was enacted by the Indian Parliament in 2000. It is the primary law in India for matters related to cybercrime and e-commerce. The act was enacted to give legal sanction to electronic commerce and electronic transactions, to enable e-governance, and also to prevent cybercrime. The Information Technology Act 2000 has been substantially amended through the Information Technology Act 2008 which was passed by the two houses of the Indian Parliament on December 23, and 24, 2008. It got the Presidential assent on February 5, 2009 and came into force on October 27, 2009. The amended Act has provided additional focus on Information Security

4. W hy we need Information Technology Amendment Act 2008 The Information Technology Amendment Act (ITAA) of 2008 was introduced in India to update the existing Information Technology Act of 2000 to keep pace with the changing technological landscape and to address emerging issues related to cybersecurity, data privacy, and electronic commerce. key reasons why the ITAA 2008 was needed: Cybersecurity: The ITAA 2008 aims to strengthen the cybersecurity framework in India by introducing new provisions to prevent unauthorized access, interception, and data theft. It also provides for stringent punishment for cyber crimes such as hacking, phishing, and spreading viruses.

5. Data Privacy: With the increasing use of electronic transactions, the ITAA 2008 provides for better protection of personal data and privacy. It includes provisions for data protection, security, and confidentiality, and also outlines penalties for data breaches. Electronic commerce: The ITAA 2008 also aims to facilitate electronic commerce by recognizing electronic contracts and signatures as legally valid. It also provides for the establishment of a Cyber Appellate Tribunal to handle disputes arising from electronic transactions.

6. Structure of IT Act Information technology Act 2000 consisted of 94 section segregated into 13 chapters. In the 2008 version of the Act, there are 124 sections and 14 chapters.

7. Section of 66 IT Act Section 66 of the Information Technology Act (IT Act) in India deals with the offence of hacking. It states that any person who gains unauthorized access to a computer or computer network with the intent to commit an offence or to cause damage is liable to be punished with imprisonment and/or a fine.

8. Real Cases Example:- One notable case that involved Section 66 of the IT Act is the 2012 hacking of the email account of former Bharatiya Janata Party (BJP) leader, Arun Jaitley. The accused, a Delhi-based software engineer named Neeraj Sharma, had allegedly hacked into Jaitley's email account and stolen confidential data, including emails and documents related to his political career.

9. Cyber Crime Cell investigated The Delhi Police's Cyber Crime Cell investigated the case and arrested Neeraj Sharma under various sections of the IT Act, including Section 66. Sharma was charged with unauthorized access to a computer network, theft of data, and tampering with electronic evidence. He was found guilty and sentenced to two years' imprisonment and a fine of Rs. 5,000.

10. Section 66A Section 66A of the Information Technology Act (IT Act) in India was a controversial provision that dealt with the offence of sending offensive or menacing messages through communication services. However, the section was struck down by the Supreme Court of India in 2015 on the grounds that it was unconstitutional and violated the right to freedom of speech and expression.

11. Real Cases Example:- One notable case that involved Section 66A of the IT Act is the case of Shaheen Dhada and Rinu Srinivasan. In 2012, Dhada had posted a Facebook status criticizing the shutdown of Mumbai due to the death of Shiv Sena leader Bal Thackeray. Srinivasan had "liked" the post. The police arrested both of them under Section 66A of the IT Act for allegedly hurting religious sentiments and promoting enmity between groups.

12. Section 66B IT Act:- Section 66B of the Information Technology Act (IT Act) in India deals with the offence of dishonestly receiving stolen computer resources or communication devices. The section provides for punishment with imprisonment for a term which may extend to three years and/or a fine of up to Rs. 1 lakh.

13. Real Cases Example:- One notable case that involved Section 66B of the IT Act is the case of Dr. Dharamvira Gandhi, a Member of Parliament (MP) from Patiala, Punjab. In 2013, Dr. Gandhi was accused of receiving stolen computer resources, including laptops, hard disks, and mobile phones, which were stolen from the office of Punjab State Electricity Board (PSEB).

14. P olice arrested The police arrested Dr. Gandhi and charged him under various sections of the Indian Penal Code and the IT Act, including Section 66B. Dr. Gandhi denied the allegations and claimed that the charges against him were politically motivated.

15. All Charges Remove In 2016, a court in Punjab acquitted Dr. Gandhi of all charges, including the charges under Section 66B of the IT Act. The court observed that the prosecution had failed to prove that Dr. Gandhi had knowingly received stolen computer resources.

16. Section 66C IT Act:- Section 66C of the Information Technology Act (IT Act) in India deals with the offence of identity theft. The section provides for punishment with imprisonment for a term which may extend to three years and/or a fine of up to Rs. 1 lakh.

17. Real Cases Example:- One notable case that involved Section 66C of the IT Act is the case of Ravi Paranjape. In 2014, Paranjape, a resident of Pune, was arrested by the police for creating a fake Facebook profile of a woman and posting objectionable content on it.

18. The woman had filed a complaint with the police after she found out about the fake profile. The police investigated the matter and traced the IP address of the computer used to create the profile to Ravi Paranjape residence.

19. Court Charged Ravi Paranjape was charged under various sections of the Indian Penal Code and the IT Act, including Section 66C. He was found guilty and sentenced to three years' imprisonment and a fine of Rs. 10,000.

20. Section 66D of IT Act:- Section 66D of the Information Technology Act (IT Act) in India deals with the offence of cheating by impersonation through the use of a computer resource. The section provides for punishment with imprisonment for a term which may extend to three years and/or a fine of up to Rs. 1 lakh

21. Real Case Example:- One notable case that involved Section 66D of the IT Act is the case of Saurabh Sahu. In 2016, Sahu, a resident of Bhopal, was arrested by the police for impersonating a woman on a social networking site and cheating several men by promising them jobs in exchange for money

22. Police Investigated:- The police investigated the matter after several complaints were filed against Saurabh Sahu. They traced the IP address of the computer used to create the fake profile to Sahu's residence.

23. Court Charged:- Saurabh Sahu was charged under various sections of the Indian Penal Code and the IT Act, including Section 66D. He was found guilty and sentenced to three years' imprisonment and a fine of Rs. 50,000.

24. Section 66E of IT Act:- Section 66E of the Information Technology Act (IT Act) in India deals with the offence of capturing, publishing or transmitting images of private parts of a person without their consent. The section provides for punishment with imprisonment for a term which may extend to three years and/or a fine of up to Rs. 2 lakh.

25. Real Cases Example:- One notable case that involved Section 66E of the IT Act is the case of Jitender Chhatar. In 2014, Chhatar, a resident of Delhi, was arrested by the police for allegedly taking and sharing obscene pictures of his girlfriend without her consent.

26. Filed Police Complaint:- The woman had filed a complaint with the police after she found out about the pictures. The police investigated the matter and traced the pictures to Chhatar mobile phone.

27. Court Charged:- Jitender Chhatar was charged under various sections of the Indian Penal Code and the IT Act, including Section 66E. He was found guilty and sentenced to two years' imprisonment and a fine of Rs. 50,000.

28. Section 66F of IT Act:- Section 66F defines cyber terrorism as any act committed with the intention of threatening the unity, integrity, security or sovereignty of India or with the intention of striking terror in the people or any section of the people. The section covers a wide range of activities such as unauthorized access to a computer system, causing damage to a computer system, or disrupting essential services.

29. Real Cases Example:- The Mumbai police have registered a case of cyber terrorism here a threat email was sent to the BSE and NSE. an email challenging the Security agencies to prevent a terror attack was sent by one Shahab Md with an ID [email protected] to BSE administrative email ID [email protected]. The Marg police have registered forgery for purpose of cheating criminal intimidation cases under the IPC and a cyber-terrorism case under the IT Act.