DATA64 -Indian Cyber Law

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DATA64 -Indian Cyber Law

  1. 1. Indian Cyber Crime Law Presented by :- Catalyst
  2. 2. Indian Cyber Crime Laws  What are Cyber Crime ???  Why do we need Cyber Crime Laws ?  IT act of India 2000 [amendments] Cyber
  3. 3. SECTION 43 Penalty and Compensation for damage to computer . Computer system etc. Dr. L. Prakash
  4. 4. SECTION 43[a] ”unauthorized access”  If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network.  Accesses or secures access to such computer, computer system or computer network or computer resource. Access Secure Access
  5. 5. Types of Damages Compensatory Damages Consequential Damages Exemplary Damages General Damages
  6. 6.  If any person without permission of the owner or any other person who is in charge of a 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 SECTION 43[b] ”unauthorized downloading, coping or extraction”
  7. 7.  Unauthorized introduction of a virus etc. into a computer is covered by section 43(c).  If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network.  Introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network. SECTION 43[c] ”Computer virus, worm, contaminant”
  8. 8.  If any person without permission of the owner or any other person who is in charge of a 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. SECTION 43[d] ”Damaging a computer”
  9. 9.  If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network…  Disrupts or causes disruption of any computer, computer system or computer network SECTION 43[e] ”Disruption of Computer”
  10. 10.  If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network,  Denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means. SECTION 43[f] ”Denial of Service”
  11. 11.  If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network.  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 thereunder . SECTION 43[g] “Facilitating unauthorized access” ”
  12. 12.  If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network.  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. SECTION 43[h] “Tampering or manipulating computer” ”
  13. 13.  If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network.  Destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means SECTION 43[i] “Destruction,deletion or alteration” ”
  14. 14.  If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network.  Steal, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. SECTION 43[j] “Source code theft” ”
  15. 15.  Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected. SECTION 43 A “Failure to protect data” ”
  16. 16.  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 programmer, computer system or computer network. SECTION 65 “Tampering with computer source documents” ”
  17. 17. SUMMARY PUNISHMENT [UPTO 3 YEARS AND / OR FINE UPTO RS .2 LAKH] PUNISHMENT FOR ABETMENT Imprisonment upto 18 months and / or fine upto Rs. 2 lakh PUNISHMENT FOR ATTEMPT Imprisonment upto 3 years and / or fine upto Rs. 2 lakh WHETHER RECOGNIZABLE Yes WHETHER BAILABLE Yes WHETHER COMPOUNDABLE Yes
  18. 18. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable . SECTION 66 “Computer related offenses ” ”
  19. 19. SUMMARY PUNISHMENT [UPTO 3 YEARS AND / OR FINE UPTO RS .5 LAKH] PUNISHMENT FOR ABETMENT Imprisonment upto 18 months and / or fine upto Rs. 5 lakh PUNISHMENT FOR ATTEMPT Imprisonment upto 3 years and / or fine upto Rs. 5 lakh WHETHER RECOGNIZABLE Yes WHETHER BAILABLE Yes WHETHER COMPOUNDABLE Yes
  20. 20.  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; or  (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. SECTION 66 A “Sending offensive messages”
  21. 21. SUMMARY PUNISHMENT [UPTO 3 YEARS AND / OR FINE PUNISHMENT FOR ATTEMPT Imprisonment upto 18 months and fine PUNISHMENT FOR ABETMENT Imprisonment upto 3 years and fine WHETHER RECOGNIZABLE Yes WHETHER BAILABLE Yes WHETHER COMPOUNDABLE Yes
  22. 22. Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both. SECTION 66b “Dishonestly receiving stolen computer”
  23. 23. SUMMARY PUNISHMENT [UPTO 3 YEARS AND / OR FINE upto 1 LAKH PUNISHMENT FOR ATTEMPT Imprisonment upto 18 months and fine YPTO 1 Lakh. PUNISHMENT FOR ABETMENT Imprisonment upto 3 years and fine ypto 1 Lakh WHETHER RECOGNIZABLE Yes WHETHER BAILABLE Yes WHETHER COMPOUNDABLE Yes
  24. 24.  Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person. SECTION 66c “Identity Theft”
  25. 25. SUMMARY PUNISHMENT [UPTO 3 YEARS AND / OR FINE upto 1 LAKH PUNISHMENT FOR ATTEMPT Imprisonment upto 18 months and fine YPTO 1 Lakh. PUNISHMENT FOR ABETMENT Imprisonment upto 3 years and fine ypto 1 Lakh WHETHER RECOGNIZABLE Yes WHETHER BAILABLE Yes WHETHER COMPOUNDABLE Yes
  26. 26. Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees. SECTION 66 D “Cheating by personation ”
  27. 27. SUMMARY PUNISHMENT [UPTO 3 YEARS AND / OR FINE upto 1 LAKH PUNISHMENT FOR ATTEMPT Imprisonment upto 18 months and fine YPTO 1 Lakh. PUNISHMENT FOR ABETMENT Imprisonment upto 3 years and fine ypto 1 Lakh WHETHER RECOGNIZABLE Yes WHETHER BAILABLE Yes WHETHER COMPOUNDABLE Yes
  28. 28. Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person. SECTION 66 E “Violation of privacy”
  29. 29. SUMMARY PUNISHMENT [UPTO 3 YEARS AND / OR FINE upto 1 LAKH PUNISHMENT FOR ATTEMPT Imprisonment upto 18 months and fine YPTO 1 Lakh. PUNISHMENT FOR ABETMENT Imprisonment upto 3 years and fine ypto 1 Lakh WHETHER RECOGNIZABLE Yes WHETHER BAILABLE Yes WHETHER COMPOUNDABLE Yes
  30. 30.  Whoever with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by -  (i) denying or cause the denial of access to any person authorised to access computer resource; or  (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or  (iii) introducing or causing to introduce any computer contaminant. SECTION 66 F “Cyber Terrorism”
  31. 31. SUMMARY PUNISHMENT Life time imprisonment PUNISHMENT FOR ATTEMPT Imprisonment upto 10 years PUNISHMENT FOR ABETMENT Life time imprisonment WHETHER COGNIZABLE Yes WHETHER BAILABLE NO WHETHER COMPOUNDABLE NO

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