cyber law IT Act 2000 india (Doesnot include the 2008 amendment)

1. A
Presentation
On
“Cyber Crime Laws and
Cases related to it in India.”

2. What is Cyber crime???
• Cyber crime is simply defined as crimes that are directly related to
computers and using computers.
• An increasing number of domestic and international criminal
activities are using the Internet. Computers and other electronic
devices can be tools to commit crime or are targeted by criminals.
A personal computer connected to the Internet without protection
may be infected with malicious software in under a minute.

3. • Cybercrime has been used to
describe a wide range of offences,
including offences against computer
data and systems (such as
“hacking”), computer- related
forgery and fraud (such as
“phishing”), content offences and
copyright offences (such as the
dissemination of pirated content).
• Cybercrime is one of the
fastest-growing criminal
activities on the planet. It
covers a huge range of
illegal activity including
financial scams, computer
hacking, virus attacks,
stalking by e-mail and
creating websites that
promote racial hatred.

4. 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 adopted
by UNCITRAL

5. 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

6. Types of Cyber Crime:
• Section 65: Source Code
• Section 66: Hacking
• Sec. 67. Obscenity
• Sec 69: Decryption of information
• Sec. 70 Protected System
• Cyber stalking
• Cyber defamation

7. Drawbacks of IT Act 2000:
1. The law misses out completely the issue of Intellectual Property
Rights, and makes no provisions whatsoever for copyrighting, trade
marking or patenting of electronic information and data.
2. The law even stays silent over the regulation of electronic
payments gateway and segregates the negotiable instruments from
the applicability of the IT Act , which may have major effect on the
growth of e-commerce in India . It leads to make the banking and
financial sectors irresolute in their stands .
3. The act empowers the Deputy Superintendent of Police to look up
into the investigations and filling of charge sheet when any case
related to cyber law is called. This approach is likely to result in
misuse in the context of Corporate India as companies have public
offices which would come within the ambit of "public place" under
the Act.
4. Internet is a borderless medium ; it spreads to every corner of the
world where life is possible and hence is the cyber criminal. Then it
not possible to feel relaxed and secured when this law only is
enforced in the nation.

8. WHO ARE CYBER CRIMINALS?
• Kids (age group 9-16 etc.)
• Organized hack activists
• Disgruntled employees
• Professional hackers (corporate espionage)

9.  The majority of cybercrimes are centered on fraud and Phishing,
 India is the third-most targeted country for Phishing attacks after the
US and the UK,
 Social networks as well as ecommerce sites are major targets,
 6.9 million bot-infected systems in 2010,
 14,348 website defacements in 2010,
 6,850 .in and 4,150 .com domains were defaced during 2011,
 15,000 sites hacked in 2011,
 India is the number 1 country in the world for generating spam.
CyberCrime InIndia

10. Why India?
A rapidly growing online user
base
 121 Million Internet Users
 65 Million Active Internet
Users, up by 28% from 51
million.
 50 Million users shop online
on Ecommerce and Online
Shopping Sites
 46+ Million Social Network
Users
 346 million mobile users had
subscribed to Data Packages.

11. CyberLawsinIndia
Under The Information
Technology Act, 2000
CHAPTER XI – OFFENCES – 66. Hacking with
computer system.
(1) 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.
(2) Whoever commits hacking shall be punished with imprisonment up to three years,
or with fine which may extend up to two lakh rupees, or with both.

12. Case 1:State of Tamil Nadu
Vs Suhas Katti (2004)
 The Case of Suhas Katti is notable for the fact that the conviction was
achieved successfully within a relatively quick time of 7 months from the
filing of the FIR.
 The case related to posting of obscene, defamatory and annoying message
about a divorcee woman in the yahoo message group. E-Mails were also
forwarded to the victim for information by the accused through a false e-
mail account opened by him in the name of the victim. The posting of the
message resulted in annoying phone calls to the lady in the belief that she
was soliciting.

13.  Based on a complaint made by the victim in February 2004, the Police
traced the accused to Mumbai and arrested him within the next few days
 On 24-3-2004 Charge Sheet was filed u/s 67 of IT Act 2000, 469 and 509
IPC before The Hon’ble Addl. CMM Egmore.
 The accused paid fine amount and he was lodged at Central Prison,
Chennai. This is considered as the first case convicted under section 67 of
Information Technology Act 2000 in India

14. Case 2:
SONY.SAMBANDH.COM CASE(2002)
• Sony India Private Ltd, which runs a website called
www.sony-sambandh.com, targeting Non Resident Indians.
The website enables NRIs to send Sony products to their
friends and relatives in India after they pay for it online.
• The company undertakes to deliver the products to the
concerned recipients. In May 2002, someone logged onto the
website under the identity of Barbara Campa and ordered a
Sony Colour Television set and a cordless head phone.
• At the time of delivery, the company took digital photographs
showing the delivery being accepted by Arif Azim. The
transaction closed at that, but after one and a half months the
credit card agency informed the company that this was an
unauthorized transaction as the real owner had denied having
made the purchase.

15. • The court, however, felt that as the accused was a young boy
of 24 years and a first-time convict, a lenient view needed to
be taken. The court therefore released the accused on
probation for one year.
• The judgment is of immense significance for the entire
nation. Besides being the first conviction in a cybercrime
matter, it has shown that the the Indian Penal Code can be
effectively applied to certain categories of cyber crimes which
are not covered under the Information Technology Act 2000.
Secondly, a judgment of this sort sends out a clear message
to all that the law cannot be taken for a ride.

16. Case 3:
Pune Citibank MphasiS Call Centre Fraud
(2005)
• The MphasiS-Citibank funds siphoning case is particularly
noteworthy because of the ease with which a bunch of
young BPO employees — from middle-class, criminal-
free backgrounds — allegedly pulled off a financial fraud
worth nearly half-a-million dollars.
• The ex-employees was able to convince the customers
to give up their electronic PINS for their Citi Bank
account which allowed them unauthorized access in the
accounts of the customers.
• The crime was obviously committed using "Unauthorized
Access" to the "Electronic Account Space" of the
customers. It is therefore firmly within the domain of
"Cyber Crimes".

17. • ITA-2000 is versatile enough to accommodate the aspects of crime
not covered by ITA-2000 but covered by other statutes since any
IPC offence committed with the use of "Electronic Documents"
can be considered as a crime with the use of a "Written
Documents". "Cheating", "Conspiracy", "Breach of Trust" etc are
therefore applicable in the above case in addition to section in
ITA-2000.
• Under ITA-2000 the offence is recognized both under Section 66
and Section 43. Accordingly, the persons involved are liable for
imprisonment and fine as well as a liability to pay damage to the
victims to the maximum extent of Rs 1 crore per victim for which
the "Adjudication Process" can be invoked.

18. CONCLUSION
• “As internet technology advances so does the threat of cyber crime.
In times like these we must protect ourselves from cyber crime.
Anti-virus software, firewalls and security patches are just the
beginning. Never open suspicious e-mails and only navigate to
trusted sites.
 Cyber laws essential feature in today’s world of internet
 To reduce the damage to critical infrastructures
 To protect the internet from being abused
 Achieving global peace and harmony

19. References
• IT Act-
www.dot.gov.in/sites/default/files/itbill2000
_0.pdf
• Book- Cyber Law and Information Security
• Cases- www.cyberlawsindia.net
• Newspaper

20. Thank You
…….