Information Technology Act 2000

• IT Act is based on the model of electronic commerce
adopted by UN Commission on international trade
law in 1996.
• It provides legal recognition to electronic commerce
transactions, allows electronic filing of documents
and penalizes computer related crimes.
• The cyber law is law relating to computers,
communications and internet and referred as ICT
law.
• ICT law covers e-commerce, e-governance,
Intellectual property, data security, cyber crimes and
issues of privacy.

1. Information Technology Act, 2000 Enacted on 17th May 2000- India is 12th nation in the world to adopt cyber laws SACHIV

2. Essentials of IT law • E- commerce requires identifying originator and recipient of communication, authenticating the document and time and place of communication. • E-governance facilitates exchange of information in electronic form between government departments inter se including citizens. • Protection of IPR in the digital medium such as data bases, websites and protection against unauthorized copying and downloading. • Cyber crimes committed with the use of computers.

3. Information Technology Act,2000 • IT Act is based on the model of electronic commerce adopted by UN Commission on international trade law in 1996. • It provides legal recognition to electronic commerce transactions, allows electronic filing of documents and penalizes computer related crimes. • The cyber law is law relating to computers , communications and internet and referred as ICT law. • ICT law covers e-commerce, e-governance, Intellectual property, data security, cyber crimes and issues of privacy.

4. Objectives of the IT Act 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 “  To facilitate electronic filing of documents with Government agencies and E-Payments  To amend the Indian Penal Code, Indian Evidence Act,1872, the Banker’s Books Evidence Act 1891,Reserve Bank of India Act ,1934

5. OFFICE MEMORANDUM 22 August, 2016. Subject: Children Education Allowance (CEA) -Clarification The undersigned is directed to refer to Department of Personnel & Training's O.M. No.12011/ 03/ 2008- Estt . (Allowance) dated 21 September, 2008 and subsequent clarifications issued from time to time on the subject mentioned above and to say that E-Receipts produced by Central Govt. employees as a proof of payment of fee, etc., may be treated as original and hence may be allowed for claiming reimbursement of CEA.

6. Issues covered Secure e-transactions to enable parties to enter into e-contracts. Legal status to e-record and e-signature. Contraventions such as hacking and spreading of viruses. Offences such as tampering with source code and cyber pornography. Right of Govt . to decrypt information Privacy and confidentiality of information submitted to statuary authorities.

7. Not applicable to S. 1(4) – First Schedule - a negotiable instrument as defined in section 13 of the Negotiable Instruments Act, 1881; – a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882; – a trust as defined in section 3 of the Indian Trusts Act, 1882; – a will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called; https://sbicaptrustee.in – any contract for the sale or conveyance of immovable property or any interest in such property;

8. Amendments- Indian Evidence Act 1872 Section 3 of the Evidence Act amended to take care of admissibility of ER as evidence along with the paper based records as part of the documents which can be produced before the court for inspection.

9. CASES REGISTERED UNDER CYBER CRIME {2015} (All India 11,592 - NCRB

10. PERSONS ARRESTED UNDER CYBER CRIME DURING 2015 (All India 8,121)

11. Penalty and compensation for damage to computer, computer system - Section 43 without permission of the owner or any other person who is in charge ---- accesses downloads introduces virus damages denial of access provides any assistance 3 years or 5 lakh or both - Section 66

12. Compensation for failure to protect data - Section 43A possessing, dealing or handling any sensitive personal data or information, and is negligent in implementing and maintaining reasonable security practices resulting in wrongful loss or wrongful gain to any person, then such body corporate may be held liable to pay damages to the person so affected.

13. Tampering with Computer Source Documents - Section 65 whoever knowingly or intentionally conceals, destroys, or alters any computer source code used for a computer, computer programme , computer system or computer network 3 years or fine (200,000 ) or both Illustration 1 and 2

14. Illustration 1 Mr. X maintain the Software System supplied by them to the bank. He was also looking Software System of certain other banks. In connection with rendering such services, the petitioner was having access to their accounting system. Mr. X has manipulated the computerized Bank account i.e. the interest entries and  thereby cheated the complainant bank by forging electronic record in order to cause wrongful loss to the bank and wrongful gain to himself.

15. Syed   Asifuddin  and Ors. v. The State of Andhra Pradesh and Anr ., 2005 CriLJ 4314 AP R eliance Infocomm - digital handset worth Rs. 10,500/- as well as service bundle for 3 years with an initial payment of Rs. 3350/- Tata Indicom employees were arrested for manipulation of the electronic 32-bit number (ESN) programmed into cell phones that were exclusively franchised to Reliance Infocomm . The court held that such manipulation amounted to tampering with computer source code as envisaged by section 65 of the Information Technology Act, 2000.

16. Punishment for sending offensive messages through communication service, etc. - Section 66A causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will 3 years + fine

17. 7/27/2017 6:00 PM 19

18. Shreya   Singhal v.   Union of India (24.3.2015)

19. Dishonestly receiving stolen computer resource or communication device - Section 66B 3 years or 1 lakh or both

20. Identity theft – Section 66C make use of the electronic signature , password or any other unique identification feature 3 years + 1 lakh Illustration 3

21. Identity Theft Kareena Kapoor has approached the police alleging that someone has filed the income tax return for the financial year 2015-16 in her name online without her knowledge. Police have registered a case of 'identity theft' under the Information Technology Act and are probing further. As per the complaint, unidentified person(s) seemed to have got her PAN and her password for filing the return online on the IT website. Police have registered a case under sec. 419 of IPC (cheating) and section 66-C ( identity theft ) of the IT Act.  (NDTV)

22. Cheating by personation by using communication device or computer resource – Section 66D 3 years + 1 lakh

23. Violation for privacy - Section 66E captures, publishes or transmits the image of a private area of any person 3 years or 2 lakh or both MMS Scandal

24. Cyber Terrorism s. 66F intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people  imprisonment for life Illustration 4

25. Illustration 4 A threat email was sent to the BSE and NSE challenging the security agencies to prevent a terror attack by one Shahab Md with an ID [email protected] to BSE’s administrative email ID [email protected] at around 10.44 am. The IP address of the sender has been traced to Patna in Bihar. The ISP is Sify . The email ID was created just four minutes before the email was sent. “The sender had, while creating the new ID, given two mobile numbers in the personal details column. Both the numbers belong to a photo frame-maker in Patna,’’

26. S. 67 – Publishing or transmitting obscene material in electronic form 3 years + 5 lakh Second or subsequent conviction - 5 years + 10 lakh Illustration 5

27. State of Tamil Nadu v. Suhas Katti The case related to posting of obscene, defamatory and annoying message about a divorcee woman in the yahoo message group. E-Mails were also forwarded to the victim for information by the accused through a false e-mail account opened by him in the name of the victim. The posting of the message resulted in annoying phone calls to the lady in the belief that she was soliciting. The accused was a known family friend of the victim and was reportedly interested in marrying her . She however married another person. This marriage later ended in divorce and the accused started contacting her once again. On her reluctance to marry him, the accused took up the harassment through the Internet. The accused is found guilty and convicted for offences under section 469, 509 IPC and 67 of IT Act 2000 .

28. Publishing or transmitting of material containing sexually explicit act , etc . in electronic form - Section 67A 5 years + 10 lakh Second or subsequent conviction – 7 years + 10 lakh

29. Publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form - Section 67B 5 years + 10 lakh Second or subsequent conviction – 7 years + 10 lakh

30. Powers to issue directions for interception or monitoring or decryption of any information through any computer resource - Section 69 Central Government or a State Government :- interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence direct any agency    fails to assist the agency – 7 years + fine

31. Power to issue directions for blocking for public access of any information through any computer resource - Section 69A Central Government :- interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence direct any agency    fails to assist the agency – 7 years + fine

32. S. 72A – Disclosure of information in breach of lawful contract any person providing services   secured access to any material containing personal information about another person intent to cause or knowing wrongful loss or wrongful gain without the consent of the person 3 Years or 5 lakh or both

33. Exemption from liability of intermediary in certain cases - S. 79 function of the intermediary is limited to providing access to a communication system the intermediary does not- ( i ) initiate the transmission , (ii) select the receiver of the transmission, and (iii) select or modify the information contained in the transmission; OBSERVES DUE DILIGENCE not apply if :- CONSPIRED OR ABETTED OR AIDED ACTUAL KNOWLEDGE

34. Cyber crimes punishable under various Indian laws Emails that are defamatory in nature are punishable under Section 500 of the Indian Penal Code which recommends an imprisonment of upto two years or a fine or both. Threatening emails are punishable under the provisions of the IPC pertaining to criminal intimidation, insult and annoyance (Chapter XXII), extortion (Chapter XVII) Email spoofing Email spoofing is covered under provisions of the IPC relating to fraud, cheating by personation (Chapter XVII), forgery (Chapter XVIII)

35. Computer Related Crimes under IPC and Special Laws Sending threatening messages by email Sec 503 IPC Sending defamatory messages by email Sec 499, 500 IPC 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

36. Some more offences dealt with under IPC… Criminal breach of trust/Fraud- Sec. 405, 406, 408, 409 IPC Destruction of electronic evidence - Sec. 204, 477 IPC False electronic evidence-Sec.193 IPC Offences by or against public servant-Sec.167,172, 173, 175 IPC

37. Kindly start Recognizing …

38. Thanks