INTRODUCTION
• The Information Technology Act, 2000 (also
known as ITA-2000, or the IT Act) is an Act of
the Indian Parliament (No 21 of 2000) notified on
17 October 2000.
• It is the primary law in India dealing
with cybercrime and electronic commerce.
• It is based on the United Nations Model Law on
Electronic Commerce 1996 (UNCITRAL Model)
recommended by the General Assembly of United
Nations by a resolution dated 30 January 1997
INTRODUCTION
• Information Technology Act 2000, is 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
What are the objective of IT Act 2000?
The primary objectives of the IT Act, 2000 are:
Granting legal recognition to all transactions
done through electronic data exchange, other
means of electronic communication or e-
commerce in place of the earlier paper-based
communication.
INTRODUCTION
• Information Technology Act 2000, has 13 chapters, 94
sections and 4 schedules.
• First 14 sections deals with some legal aspects concerning
digital signature.
• Further other sections deal with certifying authorities who
are licensed to issue digital signature certificate. –
• Sections 43 to 47 provide for penalties and compensation.
• Sections 48 to 64 deals with Tribunals a appeal to high
court.
• Section 65 to 79 of the act deals with offences.
• Section 80 to 94 deals with miscellaneous of the Act.
BACKGROUND
• The bill was passed in the
budget session of 2000 and
signed by President K. R.
Narayanan on 9 May 2000.
• The bill was finalized by
group of officials headed by
then Minister of IT Pramod
Mahajan.
OBJECTIVES OF THE IT ACT 2000
OBJECTIVES OF THE IT ACT 2000
• This Act may be called the Information
Technology Act, 2000.
• It shall extend to the whole of India and, save
as otherwise provided in this Act, it applies
also to any offence or contravention there
under committed outside India by any person
OBJECTIVES OF THE IT ACT 2000
The Act provides legal framework for electronic governance by
giving recognition to electronic records and digital signatures.
The formations of Controller of Certifying Authorities was directed
by the Act, to regulate issuing of digital signatures.
It also defined cyber crimes and prescribed penalties for them. It
also established a Cyber Appellate Tribunal (CAT) to resolve
disputes rising from this new law.
The Act also amended various sections of Indian Penal Code,
1860, Indian Evidence Act, 1872, Banker's Book Evidence Act, 1891,
and Reserve Bank of India Act, 1934 to make them compliant with
new technologies.
Ammendment
• A major amendment was made in 2008. It introduced the
Section 66A which penalized sending of "offensive messages".
• It also introduced the Section 69, which gave authorities the
power of "interception or monitoring or decryption of any
information through any computer resource".
• It also introduced penalties for child porn, cyber
terrorism and voyeurism.
• It was passed on 22 December 2008 without any debate in
Lok Sabha. The next day it was passed by the Rajya Sabha. It
was signed by the then President (Pratibha Patil) on 5
February 2009
COMPUTER (CYBER) CRIME
• There are various types of computer crimes (also
known as cyber crimes) which are as follows:
– Phreakers (A phreak is someone who breaks into the
telephone network illegally, typically to make free long-
distance phone calls or to tap phone lines. The term is now
sometimes used to include anyone who breaks or tries to
break the security of any network.) – Fraud – Hackers
(Hacking) – Viruses – Harassment – Email Security
Destruction – Data Fiddling – Violation of Privacy
– Crackers
Crackers
• Crackers are kind of bad people who break or
violate the system or a computer remotely with
bad intentions to harm the data and steal it.
• Crackers destroy data by gaining unauthorized
access to the network. There works are always
hidden as they are doing illegal stuff. Bypasses
passwords of computers and social media
websites, can steal your bank details and transfer
money from the bank.
Certified Ethical Hacking
SECTIONS OF IT ACT 2000
• Sections 2(d) of the act defines “affixing digital
signature” as :
Affixing digital signature, with its grammatical
variations and cognate expressions means
adoption of any methodology or procedure by a
person for the purpose of authenticating an
electronic record by means of digital signature
What is a computer???
• Section 2(i) “computer” is defined as
any electronic, magnetic, optical or
high-speed data proceeding device
or systems which performs logical,
arithmetic and memory functions by
manipulations of electronic,
magnetic or optical impulses and
includes all input, output,
proceedings, storage, computer
software or communication facilities
which are concerned or related to
the computer in a computer system
or computer network.
PUBLIC & • Section 2(zc) defines private key as the key of a
PRIVATE key pair used to create a digital signature.
KEY
• Section 2(zd) defines public key as the key of a
key pair used to verify a digital signature and
listed in Digital Signature Certificate.
SECTION 5 :
LEGAL RECOGNITION OF DIGITAL SIGNATURES
• Section 5 of the Act gives legal recognition to digital
signatures.
• Where any law provides that information or any other
matter shall be authenticated by affixing the signature
or any document shall be signed or bear the signature
of any person then, notwithstanding anything
contained in such law, such requirement shall be
deemed to have been satisfied, if such information or
matter is authenticated by means of digital signature
affixed in such manner as may be prescribed by the
Central Government.
SECTION 43
PENALTY FOR DAMAGE TO COMPUTER
• If any person without permission of the owner or any other person who
oversees a computer, computer system or computer network, accesses
or secures access to such computer, computer system or computer
network;
Downloads, copies or extracts any data, computer data base or
information from such computer, computer system or computer network
including information or data held or stored in any removable storage
medium;
introduces or causes to be introduced any computer contaminant or
computer virus into any computer, computer system or computer
network;
damages or causes to be damaged any computer, computer system or
computer network, data, computer data base or any other programmes
residing in such computer, computer system or computer network;
SECTION 43
PENALTY FOR DAMAGE TO COMPUTER
disrupts or causes disruption of any computer, computer system or
computer network;
denies or causes the denial of access to any person authorized to access
any computer, computer system or computer network by any means;
provides any assistance to any person to facilitate access to a computer,
computer system or computer network in contravention of the provisions
of this Act, rules or regulations made there under;
charges the services availed of by a person to the account of another
person by tampering with or manipulating any computer, computer
system, or computer network,
Shall be liable to pay damages by way of compensation not
exceeding one crore rupees to the person so affected.
SECTION 61
CIVIL COURT NOT TO HAVE JURISDICTION
• No court shall have jurisdiction to entertain
any suit or proceeding in respect of any
matter which an adjudicating officer
appointed under this Act or the Cyber
Appellate Tribunal constituted under this Act
is empowered by or under this Act to
determine and no injunction shall be granted
by any court or other authority in respect of
any action taken or to be taken in pursuance
of any power conferred by or under this Act.
SECTION 62 APPEAL TO HIGH COURT
• Any person aggrieved by any decision or order of
the Cyber Appellate Tribunal may file an appeal
to the High Court within sixty days from the date
of communication of the decision or order of the
Cyber Appellate Tribunal to him on any question
of fact or law arising out of such order.
• Provided that the High Court may, if it is satisfied
that the appellant was prevented by sufficient
cause from filing the appeal within the said
period, allow it to be filed within a further period
not exceeding sixty days.
SECTION 63
COMPOUNDING OF CONTRAVENTIONS
• It states that any contraventions under this
Act either before or after the institution of
adjudication proceedings, be compounded by
the Controller or such other officer as may be
specially authorized by him in this behalf or by
the adjudicating officer, as the case may be,
subject to such conditions as the Controller or
such other officer or the adjudicating officer
may impose.
SECTION 64 RECOVERY OF PENALTY
• A penalty imposed under this Act, if it is
not paid, shall be recovered as an arrear
of land revenue and the license or the
Digital Signature Certificate, as the case
may be, shall be suspended till the
penalty is paid.
SECTION 65: TAMPERING WITH
COMPUTER SOURCE DOCUMENTS
• Whoever knowingly or intentionally conceals,
destroys or alters or intentionally or knowingly
causes another to conceal, destroy or alter any
computer source code used for a computer,
computer programme, computer system or
computer network, when the computer source code
is required to be kept or maintained by law for the
time being in force,
Shall be punishable with imprisonment up to three
years, or with fine which may extend up to two
lakh rupees, or with both.
SECTION 66: HACKING WITH
COMPUTER SYSTEM
• Whoever with the intent to cause or knowing
that he is likely to cause wrongful loss or damage
to the public or any person destroys or deletes or
alters any information residing in a computer
resource or diminishes its value or utility or
affects it injuriously by any means, commits
hack:
• Whoever commits hacking shall be punished with
imprisonment up to three years, or with fine
which may extend upto two lakh rupees, or with
both.
Section 66A :
Information Technology Act
66A. Punishment for sending offensive messages through communication service, etc.
Any person who sends, by means of a computer resource or a communication
device,
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury, criminal
intimidation, enmity, hatred or ill will, persistently by making use of such
computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of causing
annoyance or inconvenience or to deceive or to mislead the addressee or
recipient about the origin of such messages, shall be punishable with
imprisonment for a term which may extend to three years and with fine.
Explanation.— For the purpose of this section, terms “electronic mail” and
“electronic mail message” means a message or communication information
created or transmitted or received on a computer, computer system,
computer resource device including attachments in text, images, audio, video
and any other electronic record, which may be transmitted with the message.
In April 2012, Professor
Ambikesh Mahapatra, who
teaches chemistry at Jadavpur
University in Kolkata, was
arrested after he forwarded an
email containing a cartoon
spoofing West Bengal Chief
Minister Mamata Banerjee.
The cartoon sequence, based
on Satyajit Ray’s Sonar Kella,
was a satirical take on Dinesh
Trivedi being replaced by
Mukul Roy as Union railway
minister; it had a picture of
Mamata Banerjee.
SECTION 67 :
PUBLISHING OF OBSCENE INFORMATION:
Whoever publishes or transmits or causes to be published in
the electronic form, any material which is lascivious or
appeals to the prurient interest or if its effect is such as to
tend to deprave and corrupt persons who are likely, having
regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it, shall be punished on first
conviction with imprisonment of either description for a term
which may extend to five years and with fine which may
extend to one lakh rupees and in the event of a second or
subsequent conviction with imprisonment of either
description for a term which may extend to ten years and also
with fine which may extend to two lakh rupees
SECTION 71 :
PENALTY FOR MISREPRESENTATION
• Whoever makes any misrepresentation to, or
suppresses any material fact from, the
Controller or the Certifying Authority for
obtaining any license or Digital Signature
Certificate, as the case may be, shall be
punished with imprisonment for a term which
may extend to two years, or with fine which
may extend to one lakh rupees, or with both.
SECTION 72 :
PENALTY FOR BREACH OF PRIVACY
• Save as otherwise provided in this Act or any other law
for the time being in force, any person who, in
pursuance of any of the powers conferred under this
Act, rules or regulations made there under,
• has secured access to any electronic record, book,
register, correspondence, information, document or
other material without the consent of the person
concerned is closes such electronic record, book,
register, correspondence, information, document or
other material to any other person shall be punished
with imprisonment for a term which may extend to
two years, or with fine which may extend to one lakh
rupees, or with both.
SECTION 73 - PENALTY FOR PUBLISHING
FALSE DIGITAL SIGNATURE CERTIFICATE
• No person shall publish a Digital Signature Certificate or
otherwise make it available to any other person with the
knowledge that— the Certifying Authority listed in the
certificate has not issued it;
• or the subscriber listed in the certificate has not accepted
it; or – the certificate has been revoked or suspended,•
• unless such publication is for the purpose of verifying a
digital signature created prior to such suspension or
revocation.•
• Any person who contravenes the provisions of sub-section
(1) shall be punished with imprisonment for a term which
may extend to two years, or with fine which may extend to
one lakh rupees, or with both.
OUTSIDE INDIA..SAFE to commit
Cyber Crime??
Section 75: If any person have committed an
offence, or contravention committed outside
India, and if the act or conduct constituting
the offence or contravention involves a
computer, computer system or computer
network located in India, then the provisions
of this Act shall apply also to any offence or
contravention .
SECTION 59 :
RIGHT TO LEGAL REPRESENTATION
• The appellant may either appear in person or
authorize one or more legal practitioners or
any of its officers to present his or its case
before the Cyber Appellate Tribunal.
