This Power point Presentation covers basic features of IT Act . It also covers Cyber Offences with Penalties under IT Act.

1. Glimpses
on
Information Technology Act, 2000
With Cyber Offences under IT
Act,2000
Rahul Kailas Bharati
HOD and Assistant Professor in Law
Department of Law
Government Institute of Forensic Science,Aurangabad
E-mail : rahulbharati.2009 @gmail. Com

2. IT Act, 2000
Enacted on 17th
October 2000- India is
12th nation in the world to adopt cyber
laws.
IT Act is based on Model law on
e-commerce adopted by UNCITRAL.

3. Structure of IT Act, 2000
✔ Total 13 chapters ,90 sections.
✔ Sections 91 to 94 deal with the
amendments to the four Acts namely
Indian Penal Code 1860, The Indian
Evidence Act 1872, The Bankers’ Books
Evidence Act 1891 and the Reserve Bank
of India Act 1934.

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. Important Definitions
Computer : Sec.2(1)(i)
✔ Any electronic, magnetic, optical and
other high speed data processing
device,
✔ Performs logical, arithmetic and
memory functions,
✔ By manipulating electronic, magnetic
or optical impulses.

6. Computer System : Sec.2(1)(l)
A device or collection of devices including
input support devices (keyboard, mouse,
etc) and output support devices (monitor,
printers, etc.) capable of being used in
conjunction with external files which
contain computer programs.

7. Communication Device :
Sec.2(1)(ha)
Includes Cell phones, personal Digital
Assistance or any other device used to
communicate, send or transmit any text,
video, audio or image.
Examples : ipod, ipads, DTH (Set top Box),
other smart devices.

8. Information: Sec.2(1)(v)
Includes data, message, text, images, sound,
voice, codes, computer programmes,
software, databases or microfilm.

9. IT Act (chapter XI ) : Offences
Three parts:
❖ Where computer /server/communication
device is object/target.
(Secs.65,66,66F ,70)
Sec.65 .Tampering with computer
source documents.
Penalty : Imprisonment up to 3years or fine
up to two lakhs rupees or both.
Case : Syed Asifuddin v. State of A.P., 2006

10. Sec.66. Computer related offences
( Dishonest and fraudulent intension)
Includes destruction, damage, disruption,
denial, deletion, concealment, stealing of
information.
Examples : Cyber spying, Data theft, Denial
of Service Attacks (Dos), Ramsomware,
Virus attack.
Penalty : Imprisonment up to 3years or a
fine up to 5lakhs rupees or both.

11. Sec.66 F. CyberTerrorism
Illegal Activities with the computer resource
with intent to threaten the unity, integrity,
security or sovereignty of India
Penalty : Imprisonment for life.
Example : 26/11 attacks on Taj and Trident
Hotel.

12. Where crime is committed using a
computer/ / communication device
Three sub parts :
a) Offences affecting the human
body/person :
Sec.66 A. and Sec. 66 E (Added by 2008
Amendment Act)

13. Sec.66 A : Punishment for sending
offensive messages through
communication service
✔ Messages which are grossly offensive sent
through emails, SMS, blogs, tweets.
Examples : cyber stalking, morphing of
images, unsolicited e-mails.
Penalty : 3 year imprisonment and with
fine.

14. Challenge to the Constitutionality of
Sec. 66A
Shreya Singhal v. Union of India, 2012
Supreme Court of India Struck down Sec
66A as violative of Art. 19(1)(a) of the
Constitution of India.

15. Sec. 66 E. Punishment for violation of
privacy
Intentionally capturing , publishing or
transmitting pictures of private parts of
person without consent.
Examples : Installation of spy cams/hidden
cameras inside wash rooms, bedrooms,
changing rooms, hotel rooms.
Penalty : Imprisonment up to 3 years or
fine not exceeding 2 lakh rupees or both.

16. b) Offences affecting property
✔ Sec.66 B, 66 C, 66 D.
❖ Sec.66B : Punishment for dishonestly
receiving stolen computer resource.
❖ Sec.66C : Punishment for identity theft
(Fraudulently making use of password)
Examples : phishing, data theft.
❖ Sec. 66D : Punishment for cheating by
personation

17. Examples of Sec. 66D :
Creation of clone website to capture
personal information, Intentionally
creating a fake profile on matrimonial
social networking sites with intention to
cheat that person.
Penalty for above three sections :
Imprisonment up to 3 years and fine up to
one lakh rupees.

18. c) Offences affecting Decency and
Morals
✔ Sec.67, 67A , 67 B.
❖ Sec.67. punishment for publishing or
transmitting obscene material in
electronic form.
Penalty :
First conviction : 3 year imprisonment
with fine up to 5 lakh rupees .
Second Conviction : 5year imprisonment
and fine up to 10 lakh rupees

19. Sec. 67 and Bazee Case.
❖ Sec. 67 A : Punishment for publishing /
transmitting of material sexually explicit act
in electronic form.
Penalty :
First conviction : 5 years and fine may
extend to 10 lakh rupees.
Second conviction: 7years and fine may
extend to 10 lakh rupees.

20. ❖ Sec. 67 B. Punishment for publishing or
transmitting material depicting children in
sexually explicit act in electronic form.
(Child Pornography)
Penalty :
First Conviction : 5 years imprisonment
with fine up to 10 lakh rupees.
Second conviction : 7 years imprisonment
and fine up to 10 lakh Rupees.

21. Common Cyber-crime scenarios and
Applicability of Legal Sections
Harassment via fake public profile on
social networking site
A fake profile of a person is created on a
social networking site with the correct
address, residential information or contact
details but he/she is labeled as ‘prostitute’ or
a person of ‘loose character’.This leads to
harassment of the victim.
Provisions Applicable:- Sections 67 of IT
Act and Section 509 of the Indian Penal
Code.

22. Email Account Hacking
If victim’s email account is hacked and
obscene emails are sent to people in
victim’s address book.
Provisions Applicable:- Sections 43, 66,
66C, 67, 67A and 67B of IT Act.
Credit Card Fraud
Unsuspecting victims would use infected
computers to make online transactions.
Provisions Applicable:- Sections 43, 66,
66C, 66D of IT Act and section 420 of the
IPC.

23. Web Defacement
The homepage of a website is replaced
with a pornographic or defamatory page.
Government sites generally face the
wrath of hackers on symbolic days.
Provisions Applicable:- Sections 43 and
66 of IT Act and Sections 66F, 67 and 70
of IT Act also apply in some cases.

24. IntroducingViruses,Worms,
Backdoors, Rootkits,Trojans, Bugs
All of the above are some sort of
malicious programs which are used to
destroy or gain access to some electronic
information.
Provisions Applicable:- Sections 43, 66,
66A of IT Act and Section 426 of Indian
Penal Code.

25. Cyber Pornography
Among the largest businesses on Internet.
Pornography may not be illegal in many
countries, but child pornography is.
Provisions Applicable:- Sections 67, 67A and
67B of the IT Act.
Phishing and Email Scams
Phishing involves fraudulently acquiring
sensitive information through masquerading a
site as a trusted entity. (E.g. Passwords, credit
card information)
Provisions Applicable:- Section 66, 66D of IT
Act and Section 420 of IPC

26. Theft of Confidential Information
Many business organizations store their
confidential information in computer
systems.This information is targeted by
rivals, criminals and disgruntled
employees.
Provisions Applicable:- Sections 43, 66,
66B of IT Act and Section 426 of Indian
Penal Code.

27. Thank you