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IT Act 2000

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Pradeep Tomar
Pradeep Tomar

The IT Act was enacted in 2000, making India the 12th country to adopt cyber laws. The objectives of the Act were to provide legal recognition to electronic transactions and records, facilitate e-filing with government agencies and e-payments, and amend related laws. The Act defines key terms like "secure system" and "security procedure". It also legally recognizes digital signatures and regulations electronic records and publications. The Act contains provisions to tackle cybercrimes like hacking, publishing obscene content, unauthorized access, and breach of privacy and confidentiality. Various cybercrimes are punishable under the IT Act and other laws like the IPC.

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IT Act, 2000 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
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 Bankers Books Evidence Act 1891,Reserve Bank of India Act ,1934
Definitions ( section 2) secure system means computer hardware, software, and procedure that- (a) are reasonably secure from unauthorized access and misuse; (b) provide a reasonable level of reliability and correct operation; (c) are reasonably suited to performing the intended function; and (d) adhere to generally accepted security procedures security procedure means the security procedure prescribed by the Central Government under the IT Act, 2000. secure electronic record where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification
Sections 5, 6 & 7 Legal recognition of Digital Signatures Use of Electronic Records in Government & Its Agencies Publications of rules and regulations in the Electronic Gazette. Retention of Electronic Records Accessibility of information, same format, particulars of dispatch, origin, destination, time stamp ,etc
PHISHING
The act of sending an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The e-mail directs the user to visit a Web site where they are asked to update personal information, such as passwords and credit card, social security, and bank account numbers, that the legitimate organization already has. The Web site, however, is bogus and set up only to steal the user?
example, 2003 saw the proliferation(increasing) of a phishing scam in which users received e-mails supposedly from eBay claiming that the user??s account was about to be suspended unless he clicked on the provided link and updated the credit card information that the genuine eBay already had. Because it is relatively simple to make a Web site look like a legitimate organizations site by mimicking (copping) the HTML code, the scam counted on people being tricked into thinking they were actually being contacted by eBay and were subsequently going to eBay??s site to update their account information. By spamming large groups of people, the "phisher" counted on the e-mail being read by a percentage of people who actually had listed
Cybercrime provisions under ITCybercrime provisions under IT Act,2000Act,2000 Offences & Relevant Sections under IT Act Tampering with Computer source documents Sec.65 Hacking with Computer systems, Data alteration Sec.66 Publishing obscene information Sec.67 Un-authorized access to protected system Sec.70 Breach of Confidentiality and Privacy Sec.72 Publishing false digital signature certificates Sec.73
TYPES OF CYBER CRIMES Cyber terrorism Cyber pornography Defamation (public disclosure of private facts) Cyber stalking (section 509 IPC) Sale of illegal articles-narcotics, weapons, wildlife Online gambling Intellectual Property crimes- software piracy, copyright infringement, trademarks violations, theft of computer source code Forgery Phishing Credit card frauds Crime against property Crime against Government Crime against persons
TYPES OF CYBER CRIMES Cyber crimes Hacking Information Theft E-mail bombing Salami attacks Denial of Service attacks Trojan attacks Web jacking 息 Seth Associates, 2008 All Rights Reserved
Section 66: Hacking Ingredients Intention or Knowledge to cause wrongful loss or damage to the public or any person Destruction, deletion, alteration, diminishing value or utility or injuriously affecting information residing in a computer resource Punishment imprisonment up to three years, and / or fine up to Rs. 2 lakh Cognizable, Non Bailable, Section 66 covers data theft aswell as data alterationSection 66 covers data theft aswell as data alteration
Sec. 67. Pornography Ingredients Publishing or transmitting or causing to be published in the electronic form, Obscene material Punishment On first conviction imprisonment of either description up to five years and fine up to Rs. 1 lakh On subsequent conviction imprisonment of either description up to ten years and fine up to Rs. 2 lakh Section covers Internet Service Providers, Search engines, Pornographic websites Cognizable, Non-Bailable, JMIC/ Court of Sessions 息 Seth Associates, 2008 All Rights Reserved
Cyber Pornography Cases DPS mms case Air Force Bal bharati School case Miss Jammu mms case
Sec 69: Decryption of information Ingredients Controller issues order to Government agency to intercept any information transmitted through any computer resource. Order is issued in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States, public order or preventing incitement for commission of a cognizable offence Person in charge of the computer resource fails to extend all facilities and technical assistance to decrypt the information-punishment up to 7 years.息 Seth Associates, 2008 All Rights Reserved
Sections 71 & 72 Section 71: Offence Name - Misrepresentation to the Controller or the Certifying Authority Description - Making any misrepresentation to, or suppression of any material fact from, the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate, as the case may be. Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both section 72: Offence Name - Penalty for breach of confidentiality and privacy Description - Any person who, in pursuance of any of the powers conferred under IT Act, has secured access to any electronic record, book, register, correspondence, information or document without the consent of the person concerned discloses such electronic record, book., register, correspondence, information, document to any other person. Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both.
Sections 73 & 74 Section 73: Offence Name - Publishing Digital Signature Certificate false in certain particulars Description - Publishing a Digital Signature Certificate or otherwise making 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. Penalty - Imprisonment for a term which may extend to 2 years, or with fine which may extend to 1 lakh Rupees. Section 74: Offence Name - Publication for fraudulent purpose Description - Creation, publication or otherwise making available a Digital Signature Certificate for any fraudulent or unlawful purpose Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both. .
Cyber crimes punishable under various Indian laws Sending pornographic or obscene emails are punishable under Section 67 of the IT Act.An offence under this section is punishable on first conviction with imprisonment for a term,which may extend to five years and with fine, which may extend to One lakh rupees. In the event of a second or subsequent conviction the recommended punishment is imprisonment for a term, which may extend to ten years and also with fine which may extend to Two lakh rupees. Emails that are defamatory in nature are punishable under Section 500 of the Indian Penal Code (IPC), 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) 息 Seth Associates, 2008 All Rights Reserved
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 Online sale of Drugs NDPS Act Web - Jacking Sec. 383 IPC Online sale of Arms Arms Act Computer Related Crimes under IPC and Special Laws
Cyber stalking Ritu Kohli (first lady to register the cyber stalking case) is a victim of cyber- stalking. A friend of her husband gave her phone number and name on a chat site for immoral purposes. A computer expert, Kohli was able to trace the culprit. Now, the latter is being tried for "outraging the modesty of a woman", under Section 509 of IPC.

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IT Act 2000

  • 1. IT Act, 2000 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
  • 2. 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 Bankers Books Evidence Act 1891,Reserve Bank of India Act ,1934
  • 3. Definitions ( section 2) secure system means computer hardware, software, and procedure that- (a) are reasonably secure from unauthorized access and misuse; (b) provide a reasonable level of reliability and correct operation; (c) are reasonably suited to performing the intended function; and (d) adhere to generally accepted security procedures security procedure means the security procedure prescribed by the Central Government under the IT Act, 2000. secure electronic record where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification
  • 4. Sections 5, 6 & 7 Legal recognition of Digital Signatures Use of Electronic Records in Government & Its Agencies Publications of rules and regulations in the Electronic Gazette. Retention of Electronic Records Accessibility of information, same format, particulars of dispatch, origin, destination, time stamp ,etc
  • 6. The act of sending an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The e-mail directs the user to visit a Web site where they are asked to update personal information, such as passwords and credit card, social security, and bank account numbers, that the legitimate organization already has. The Web site, however, is bogus and set up only to steal the user?
  • 7. example, 2003 saw the proliferation(increasing) of a phishing scam in which users received e-mails supposedly from eBay claiming that the user??s account was about to be suspended unless he clicked on the provided link and updated the credit card information that the genuine eBay already had. Because it is relatively simple to make a Web site look like a legitimate organizations site by mimicking (copping) the HTML code, the scam counted on people being tricked into thinking they were actually being contacted by eBay and were subsequently going to eBay??s site to update their account information. By spamming large groups of people, the "phisher" counted on the e-mail being read by a percentage of people who actually had listed
  • 8. Cybercrime provisions under ITCybercrime provisions under IT Act,2000Act,2000 Offences & Relevant Sections under IT Act Tampering with Computer source documents Sec.65 Hacking with Computer systems, Data alteration Sec.66 Publishing obscene information Sec.67 Un-authorized access to protected system Sec.70 Breach of Confidentiality and Privacy Sec.72 Publishing false digital signature certificates Sec.73
  • 9. TYPES OF CYBER CRIMES Cyber terrorism Cyber pornography Defamation (public disclosure of private facts) Cyber stalking (section 509 IPC) Sale of illegal articles-narcotics, weapons, wildlife Online gambling Intellectual Property crimes- software piracy, copyright infringement, trademarks violations, theft of computer source code Forgery Phishing Credit card frauds Crime against property Crime against Government Crime against persons
  • 10. TYPES OF CYBER CRIMES Cyber crimes Hacking Information Theft E-mail bombing Salami attacks Denial of Service attacks Trojan attacks Web jacking 息 Seth Associates, 2008 All Rights Reserved
  • 11. Section 66: Hacking Ingredients Intention or Knowledge to cause wrongful loss or damage to the public or any person Destruction, deletion, alteration, diminishing value or utility or injuriously affecting information residing in a computer resource Punishment imprisonment up to three years, and / or fine up to Rs. 2 lakh Cognizable, Non Bailable, Section 66 covers data theft aswell as data alterationSection 66 covers data theft aswell as data alteration
  • 12. Sec. 67. Pornography Ingredients Publishing or transmitting or causing to be published in the electronic form, Obscene material Punishment On first conviction imprisonment of either description up to five years and fine up to Rs. 1 lakh On subsequent conviction imprisonment of either description up to ten years and fine up to Rs. 2 lakh Section covers Internet Service Providers, Search engines, Pornographic websites Cognizable, Non-Bailable, JMIC/ Court of Sessions 息 Seth Associates, 2008 All Rights Reserved
  • 13. Cyber Pornography Cases DPS mms case Air Force Bal bharati School case Miss Jammu mms case
  • 14. Sec 69: Decryption of information Ingredients Controller issues order to Government agency to intercept any information transmitted through any computer resource. Order is issued in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States, public order or preventing incitement for commission of a cognizable offence Person in charge of the computer resource fails to extend all facilities and technical assistance to decrypt the information-punishment up to 7 years.息 Seth Associates, 2008 All Rights Reserved
  • 15. Sections 71 & 72 Section 71: Offence Name - Misrepresentation to the Controller or the Certifying Authority Description - Making any misrepresentation to, or suppression of any material fact from, the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate, as the case may be. Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both section 72: Offence Name - Penalty for breach of confidentiality and privacy Description - Any person who, in pursuance of any of the powers conferred under IT Act, has secured access to any electronic record, book, register, correspondence, information or document without the consent of the person concerned discloses such electronic record, book., register, correspondence, information, document to any other person. Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both.
  • 16. Sections 73 & 74 Section 73: Offence Name - Publishing Digital Signature Certificate false in certain particulars Description - Publishing a Digital Signature Certificate or otherwise making 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. Penalty - Imprisonment for a term which may extend to 2 years, or with fine which may extend to 1 lakh Rupees. Section 74: Offence Name - Publication for fraudulent purpose Description - Creation, publication or otherwise making available a Digital Signature Certificate for any fraudulent or unlawful purpose Penalty - Imprisonment for a term which may extend to 2 years, or with fine up to 1 lakh Rupees, or with both. .
  • 17. Cyber crimes punishable under various Indian laws Sending pornographic or obscene emails are punishable under Section 67 of the IT Act.An offence under this section is punishable on first conviction with imprisonment for a term,which may extend to five years and with fine, which may extend to One lakh rupees. In the event of a second or subsequent conviction the recommended punishment is imprisonment for a term, which may extend to ten years and also with fine which may extend to Two lakh rupees. Emails that are defamatory in nature are punishable under Section 500 of the Indian Penal Code (IPC), 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) 息 Seth Associates, 2008 All Rights Reserved
  • 18. 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 Online sale of Drugs NDPS Act Web - Jacking Sec. 383 IPC Online sale of Arms Arms Act Computer Related Crimes under IPC and Special Laws
  • 19. Cyber stalking Ritu Kohli (first lady to register the cyber stalking case) is a victim of cyber- stalking. A friend of her husband gave her phone number and name on a chat site for immoral purposes. A computer expert, Kohli was able to trace the culprit. Now, the latter is being tried for "outraging the modesty of a woman", under Section 509 of IPC.