This document provides an introduction to cyber law in India. It discusses the need and importance of cyber law due to the growth of the internet and technology. Cyber law addresses legal issues related to online speech, business, intellectual property, privacy and more. The document outlines some key provisions of India's Information Technology Act 2000 and its 2008 amendment regarding cyber crimes and offenses. It also briefly discusses cyber laws and regulations in other countries like China.

1. Introduction to Cyber Law
Dr. NGPASC
COIMBATORE | INDIA
Dr. N.G.P. ARTS AND SCIENCE COLLEGE
(An Autonomous Institution, Affiliated to Bharathiar University, Coimbatore)
Approved by Government of Tamil Nadu and Accredited by NAAC with 'A' Grade (2nd Cycle)
Dr. N.G.P.- Kalapatti Road, Coimbatore-641048, Tamil Nadu, India
Web: www.drngpasc.ac.in | Email: info@drngpasc.ac.in | Phone: +91-422-2369100
Dr. R. Prema
Associate Professor in
Commerce CA

2. C y b e r Law in India
N e e d &Impo r ta nc e
Dr. NGPASC
COIMBATORE | INDIA

3. Cyberlaw is formally defined as “the field of law
dealing with the Internet, encompassing cases, statutes,
regulations, and disputes that affect people and businesses
interacting through computers.”
Cyberlaw addresses issues of online speech and
business that arise because of the nature of the medium,
including intellectual property rights, free speech, privacy,
e-commerce and safety, as well as questions of
jurisdiction.
Dr. NGPASC
COIMBATORE | INDIA
Introduction to Cyber Law

4. Cyberlaw encompasses a wide variety of federal, state, and local
laws and regulations in the United States along with international
treaties and laws of other countries.
The Internet is ubiquitous in people’s lives and Cyberlaw is at the
heart of many legal issues today. Cyberlaw intersects with many
other areas of the law, including torts, contracts, intellectual
property, and criminal law.
Since the Internet is a dynamic medium that is constantly
changing, Cyberlaw also changes rapidly in response to changes in
technology.
Dr. NGPASC
COIMBATORE | INDIA
Introduction to Cyber Law

5.  Cyber Law is the law governing cyber space.
 Cyber space includes computers, networks, software's, data
storage devices (such as hard disks, USB disks etc), the
Internet, websites, emails and even electronic devices such
as cell phones, ATM machines etc.
Dr. NGPASC
COIMBATORE | INDIA
Cyber Law

6.  Cyber Law is a term that encapsulates
the legal issues related to use of
communicative transactional and
distributive aspects of networked
information devices and technologies.
Dr. NGPASC
COIMBATORE | INDIA
Cyber Law - Definition

7. Law encompasses the rules of conduct:
1. that have been approved by the government, and
2. which are in force over a certain territory, and
3. which must be obeyed by all persons on that territory.
4. Violation of these rules could lead to government action such
as imprisonment or fine or an order to pay compensation.
Dr. NGPASC
COIMBATORE | INDIA
Cyber Law

8. Dr. NGPASC
COIMBATORE | INDIA
Cyber Law – Governance

9.  Cyber crimes are unlawful acts where the computer is used
either as a tool or a target or both. The enormous growth in
electronic commerce (e-commerce) and online share trading
has led to a phenomenal spurt in incidents of cyber crime.
These crimes are discussed in detail further in this chapter. A
comprehensive discussion on the Indian law relating to cyber
crimes and digital evidence is provided in the ASCL publication
titled “Cyber Crimes & Digital Evidence – Indian Perspective”.
Dr. NGPASC
COIMBATORE | INDIA
Cyber Law – Governance

10.  Electronic signatures are used to authenticate electronic
records. Digital signatures are one type of electronic signature.
Digital signatures satisfy three major legal requirements –
signer authentication, message authentication and message
integrity. The technology and efficiency of digital signatures
makes them more trustworthy than hand written signatures.
These issues are discussed in detail in the ASCL publication
titled “Ecommerce – Legal Issues”.
Dr. NGPASC
COIMBATORE | INDIA
Cyber Law – Governance

11.  Intellectual property is refers to creations of the human mind e.g. a story, a
song, a painting, a design etc. The facets of intellectual property that relate
to cyber space are covered by cyber law.
These include:
• copyright law in relation to computer software, computer source code,
websites, cell phone content etc,
• software and source code licenses
• trademark law with relation to domain names, meta tags, mirroring, framing,
linking etc
• semiconductor law which relates to the protection of semiconductor
integrated circuits design and layouts,
• patent law in relation to computer hardware and software.
Dr. NGPASC
COIMBATORE | INDIA
Cyber Law – Governance

12.  Data protection and privacy laws aim to achieve a fair balance
between the privacy rights of the individual and the interests of
data controllers such as banks, hospitals, email service
providers etc. These laws seek to address the challenges to
privacy caused by collecting, storing and transmitting data using
new technologies.
Dr. NGPASC
COIMBATORE | INDIA
Cyber Law – Governance

13. "The modern thief can steal more with a computer than
with a gun. Tomorrow's terrorist may be able to do more
damage with a keyboard than with a bomb".
National Research Council, U S A "Computers at Risk”.1991
Dr. NGPASC
COIMBATORE | INDIA
Need of Cyber Law

14.  Internet has dramatically changed the way we think, the
way we govern, the way we do commerce and the way we
perceive ourselves.
 Information technology is encompassing all walks of life
all over the world.
 Cyber space creates moral, civil and criminal wrongs.
It has now given a new way to express criminal
tendencies.
Dr. NGPASC
COIMBATORE | INDIA
Need of Cyber Law

15.  Cyberspace is open to participation by all
 “IT” has brought Transition from paper to paperless
world
 The laws of real world cannot be interpreted in the
light of emerging cyberspace to include all aspects
relating to different activities in cyberspace
 Internet requires an enabling and supportive legal
infrastructure in tune with the times
Dr. NGPASC
COIMBATORE | INDIA
Need of Cyber Law

16.  Set of rules and regulations
 Legal Internet activities
 Illegal activities which are punishable
under law
 Legal framework for all the activities which
are carried out through the network
Dr. NGPASC
COIMBATORE | INDIA
Features of Cyber Law

17.  Representing and defining the norms of the cyber society
 Giving the right to enter into legally enforceable digital
contracts
 Maintaining Cyber properties and carry on online
business
 Providing legal reorganization for E-Documents and
Digital Signature
Dr. NGPASC
COIMBATORE | INDIA
Role of Cyber Law

18. Dr. NGPASC
COIMBATORE | INDIA
Significance of Cyber Law
 Launching of malicious
software
 Computer hacker
 Downloading unauthorized
software
 Selling illegal articles
 Gambling activities
 Stealing of money from
banks
 Credit card frauds
 Cyber stalking, defamation
etc
 Stealing business secrets
and documents
 Stealing of data in BPO
centers
 Stating false advertisements
in the web page, e-mail and
sms

19. Dr. NGPASC
COIMBATORE | INDIA
Advantages of Cyber Law

20. Cyberspace refers to the virtual computer world,
and more specifically, an electronic medium that is
used to facilitate online communication.
Cyberspace typically involves a large computer
network made up of many worldwide computer sub
networks that employ TCP/IP protocol to aid in
communication and data exchange activities.
Dr. NGPASC
COIMBATORE | INDIA
Cyberspace

21. Cyberspace includes
•Computer
•Mobile Phone
•ATM
•Data storage Device
•Software
•Network
•Website
•E-mail
Dr. NGPASC
COIMBATORE | INDIA
Cyberspace

22. Dr. NGPASC
COIMBATORE | INDIA
• E-business
• E-Banking
• E-Shopping
• E-Receipts & payments
• E-Transmissions
• E-Education
• E-Medicine
• E-Information
• E-Database
• E-Entertainment
• E-Engineering
Functions of Cyberspace

23.  Any crime with the help of computer and
telecommunication technology.
 Any crime where either the computer is used as
an object or subject.
Dr. NGPASC
COIMBATORE | INDIA
Cyber Crime

24. C ate go r i e s o f C y b e r Crime
 Cybercrimes against persons.
 Cybercrimes against property.
 Cybercrimes against government.
Dr. NGPASC
COIMBATORE | INDIA

25. Aga in st a Pe rs o n
 Cyber stalking
 Impersonation
 Loss of Privacy
 Transmission of Obscene Material.
 Harassment with the use of computer.
Dr. NGPASC
COIMBATORE | INDIA

26. Aga in st P r o p e r t y
 Unauthorized Computer Trespassing
 Computer vandalism
 Transmission of harmful programmes
 Siphoning of funds from financial institutions
 Stealing secret information & data
 Copy Right
Dr. NGPASC
COIMBATORE | INDIA

27. Aga in st G o ve r n m e nt
 Hacking of Government websites
 Cyber Extortion
 Cyber Terrorism
 Computer Viruses
Dr. NGPASC
COIMBATORE | INDIA

28. Some O t h e r Crimes
 Logic Bombs
 Spamming
 Virus, worms, Trojan Horse
 E-Mail Bombing
 E-Mail abuse etc.
Dr. NGPASC
COIMBATORE | INDIA

29. IT Act-2000
 The Information Technology Act, 2000 (IT Act), came
into force on 17 October 2000.
 The primary purpose of the Act is to provide legal
recognition to electronic commerce and to facilitate
filing of electronic records with the Government.
 Information Technology Act 2000 consisted of
94 sections segregated into 13 chapters.
Dr. NGPASC
COIMBATORE | INDIA

30. IT Act-2000 : Objectives
 To provide legal recognition for transactions
 To facilitate electronic filing of documents with
the Government agencies.
 To amend the Indian Penal Code, The Indian
EvidenceAct, 1872, The Banker's Book EvidenceAct,
1891 and the Reserve Bank of India Act, 1934.
 Aims to provide the legal framework to all
electronic records.
Dr. NGPASC
COIMBATORE | INDIA

31. IT Act-2000
Snapshot of Important Cyber Law
Provisions in India
Offence Section under IT Act
Tampering with Computer source documents
(with out the permission of in charge) Sec.43
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
Dr. NGPASC
COIMBATORE | INDIA

32. IT Act-2000
Crimes under Indian Penal Code and Special Laws
Offence Sections
Sending threatening & Defamatory messages by email Sec 503 & 499 IPC
Forgery of electronic records Sec 463 IPC
Bogus websites, cyber frauds Sec 420 IPC
Email spoofing & Abuse Sec 463 & 500 IPC
Web-Jacking Sec 383 IPC
Online sale of Drugs NDPS Act
Online sale of Arms Arms Act
Dr. NGPASC
COIMBATORE | INDIA

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Section 4 3
If any person uses a computer or system network without permission
of the owner or any other person who is incharge &
 Access, download, Copy any data from such computer
 Introduces Computer Virus into any computer.
 Damages any computer network or computer.
 Changes Account Settings.
Punishment
He shall be liable to pay damages by the way of
compensation not exceeding 1 Crore to affected person.
Dr. NGPASC
COIMBATORE | INDIA

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Section 6 6
Hacking with Computer System
 Information residing in a computer resources must be
either:
• Destroyed
• Deleted
• Altered
• Diminished in value or utility
• Affected Injuriously
Punishment
3 yrs. Or Fine up to 2 lakh.
Dr. NGPASC
COIMBATORE | INDIA

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Section 6 7
 Publication or transmitted in the electronic form
any material which contains sexually explicit acts
or conduct.
Punishment
 1st conviction with 2 to 5 years of imprisonment
and fine of 1 lakh rupees.
 2nd or subsequent conviction with the
imprisonment up to 7-10 years and also with fine
which may extend to 10 lakh rupees.
Dr. NGPASC
COIMBATORE | INDIA

36. 22
Some o t h e r Sections
 Section 65 : Tampering with computer source
document.
Punishments
Offences are punishable with imprisonment up to 3 yrs.
And/or fine up to Rs. 2 lakh.
 Section 69: Interception, monitoring of any information
regarding the integrity, Security or defense of India,
friendly relations with foreign countries.
 Punishment
2 lakh and /or jail not extending 5 yrs
Dr. NGPASC
COIMBATORE | INDIA

37. Some o t h e r Sections
 Section 502A: Publishing, Transmitting images of the private
area of a person without his or her consent.
Punishment : 2yrs./2 lakh.
 Section 419A: Cheating by any communication device or
computer resource
Punishment : 5yrs.
 Section 417A: Identity Theft
Punishment: 2yrs.
 Section 72: Violation of the privacy policy
Punishment: Fine up to 5 lakh jail not extending 2 yrs.
Dr. NGPASC
COIMBATORE | INDIA

38. IT A c t Amendment-2008
 The Information Technology Amendment Act, 2008 (IT
Act 2008) has been passed by the parliament on
23rd December 2008.
 It received the assent of President of India on
5th February, 2009.
 The IT Act 2008 has been notified on October 27, 2009.
Dr. NGPASC
COIMBATORE | INDIA

39.  ITA-2008, is a new version of IT Act 2000.
 Provides additional focus on Information
Security.
 Added several new sections on offences
including Cyber Terrorism and Data Protection.
 124 sections and 14 chapters.
 Schedule I and II have been replaced &
Schedules III and IV are deleted.
IT A c t Amendment-2008
Dr. NGPASC
COIMBATORE | INDIA

40.  Digital signature has been replaced with Electronic
signature.
 Section 67 of the old Act is amended.
 Sections 66A to 66F prescribe punishment for
obscene electronic message transmissions
& cyber terrorism.
S a l i e n t f e a t u r e s
Dr. NGPASC
COIMBATORE | INDIA

41.  Amended section 69 gives power to the state.
 Sections 69 A and B, grant power to the state to
direct blocking for public access of any information
through any computer resource.
S a l i e n t f e a t u r e s
Dr. NGPASC
COIMBATORE | INDIA

42.  The Great firewall of China monitors every movement
in cyber space and protect to publish any offensive
content.
 China have a hold on every content which is harmful of
dangerous for the government of China.
 Brazil is considered world’s biggest airport for Hackers.
 Iran is also a dangerous country for the Netizens. He
also have a Crime Police unit for crime in Cyber Space.
W o r l d & C y b e r l a w s
Dr. NGPASC
COIMBATORE | INDIA

43.  We are living in highly digitalized world.
 All companies depend upon their computer networks
and keep their valuable data in electronic form.
 Government forms including income tax returns,
company law forms etc are now filled in electronic
form.
 Consumers are increasingly using credit cards for
shopping.
Importance o f C y b e r L a w
Dr. NGPASC
COIMBATORE | INDIA

44. Importance o f C y b e r L a w
 Most people are using email, cell phones and SMS
messages for communication.
 Even in "non-cyber crime" cases, important evidence
is found in computers /cell phones e.g. in cases of
divorce, murder, kidnapping, organized crime,
terrorist operations, counterfeit currency etc.
 Since it touches all the aspects of transactions and
activities on and concerning the Internet, the World
Wide Web and Cyberspace therefore Cyber Law is
extremely important.
Dr. NGPASC
COIMBATORE | INDIA

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