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Unit 9: Legal Aspects of Business
The Information Technology Act, 2000: Objectives and main provisions; Cyber crimes and penalties
INFORMATION TECHNOLOGY ACT 2000
The Information Technology Act, 2000 is an Act of the Indian
Parliament (No 21 of 2000) notified on 17 October 2000.
It is the primary law in India dealing with cybercrime and electronic
commerce.
The bill was passed in the budget session of 2000 and signed by
President K. R. Narayanan on 9 June 2000.
The bill was finalized by a group of officials headed by then Minister of
Information Technology Pramod Mahajan.
The original Act contained 94 sections, divided into 13 chapters and
4 schedules. The laws apply to the whole of India. If a crime involves a
computer or network located in India, persons of other nationalities can also
be indicted under the law
The Act provides a legal framework for electronic governance by giving
recognition to electronic records and digital signatures. It also defines
cybercrimes and prescribes penalties for them.
 The Act directed the formation of a Controller of Certifying
Authorities to regulate the issuance of digital signatures. It also
established a Cyber Appellate Tribunal to resolve disputes arising
from this new law.
 The Act also amended various sections of the Indian Penal Code
1860, the Indian Evidence Act 1872, the Banker's Book Evidence Act
1891, and the Reserve Bank of India Act 1934 to make them compliant
with new technologies.
Amendments
A major amendment was made in 2008.
It introduced Section 66A which penalized sending "offensive messages".
It also introduced Section 69, which gave authorities the power of
"interception or monitoring or decryption of any information through
any computer resource".
Additionally, it introduced provisions addressing - pornography, child
porn, cyber terrorism and voyeurism.
The amendment was passed on 22 December 2008 without any debate in
Lok Sabha.
The next day it was passed by the Rajya Sabha. It was signed into law by
President Pratibha Patil, on 5 February 2009.
List of offences and the corresponding penalties
Section Offence Penalty
65
Tampering with
computer source documents
Imprisonment up to three years,
or/and with fine up to ₹200,000
66
Hacking with computer
system
Imprisonment up to three years,
or/and with fine up to ₹500,000
66B
Receiving stolen computer
or communication device
Imprisonment up to three years,
or/and with fine up to ₹100,000
66C Using password of another Imprisonment up to three years,
person or/and with fine up to ₹100,000
66D
Cheating using computer
resource
Imprisonment up to three years,
or/and with fine up to ₹100,000
66E
Publishing private images of
others
Imprisonment up to three years,
or/and with fine up to ₹200,000
66F Acts of cyber terrorism Imprisonment up to life.
67
Publishing information
which is obscene in
electronic form.
Imprisonment up to five years, or/and
with fine up to ₹1,000,000
67A
Publishing images
containing sexual acts
Imprisonment up to seven years,
or/and with fine up to ₹1,000,000
67B
Publishing child
porn or predating
children online
Imprisonment up to five years, or/and
with fine up to ₹1,000,000 on first
conviction. Imprisonment up to seven
years, or/and with fine up
to ₹1,000,000 on second conviction.
67C Failure to maintain records
Imprisonment up to three years,
or/and with fine.
68 Failure/refusal to comply Imprisonment up to 2 years, or/and
Ad

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Information Technology Act.pdf

  • 1. Unit 9: Legal Aspects of Business The Information Technology Act, 2000: Objectives and main provisions; Cyber crimes and penalties INFORMATION TECHNOLOGY ACT 2000 The Information Technology Act, 2000 is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 June 2000. The bill was finalized by a group of officials headed by then Minister of Information Technology Pramod Mahajan. The original Act contained 94 sections, divided into 13 chapters and 4 schedules. The laws apply to the whole of India. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law
  • 2. The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cybercrimes and prescribes penalties for them.  The Act directed the formation of a Controller of Certifying Authorities to regulate the issuance of digital signatures. It also established a Cyber Appellate Tribunal to resolve disputes arising from this new law.  The Act also amended various sections of the Indian Penal Code 1860, the Indian Evidence Act 1872, the Banker's Book Evidence Act 1891, and the Reserve Bank of India Act 1934 to make them compliant with new technologies.
  • 3. Amendments A major amendment was made in 2008. It introduced Section 66A which penalized sending "offensive messages". It also introduced Section 69, which gave authorities the power of "interception or monitoring or decryption of any information through any computer resource". Additionally, it introduced provisions addressing - pornography, child porn, cyber terrorism and voyeurism. The amendment was passed on 22 December 2008 without any debate in Lok Sabha. The next day it was passed by the Rajya Sabha. It was signed into law by President Pratibha Patil, on 5 February 2009.
  • 4. List of offences and the corresponding penalties Section Offence Penalty 65 Tampering with computer source documents Imprisonment up to three years, or/and with fine up to ₹200,000 66 Hacking with computer system Imprisonment up to three years, or/and with fine up to ₹500,000 66B Receiving stolen computer or communication device Imprisonment up to three years, or/and with fine up to ₹100,000 66C Using password of another Imprisonment up to three years,
  • 5. person or/and with fine up to ₹100,000 66D Cheating using computer resource Imprisonment up to three years, or/and with fine up to ₹100,000 66E Publishing private images of others Imprisonment up to three years, or/and with fine up to ₹200,000 66F Acts of cyber terrorism Imprisonment up to life. 67 Publishing information which is obscene in electronic form. Imprisonment up to five years, or/and with fine up to ₹1,000,000
  • 6. 67A Publishing images containing sexual acts Imprisonment up to seven years, or/and with fine up to ₹1,000,000 67B Publishing child porn or predating children online Imprisonment up to five years, or/and with fine up to ₹1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to ₹1,000,000 on second conviction. 67C Failure to maintain records Imprisonment up to three years, or/and with fine. 68 Failure/refusal to comply Imprisonment up to 2 years, or/and
  • 7. with orders with fine up to ₹100,000 69 Failure/refusal to decrypt data Imprisonment up to seven years and possible fine. 70 Securing access or attempting to secure access to a protected system Imprisonment up to ten years, or/and with fine. 71 Misrepresentation Imprisonment up to 2 years, or/and with fine up to ₹100,000 72 Breach of confidentiality Imprisonment up to 2 years, or/and
  • 8. and privacy with fine up to ₹100,000 72A Disclosure of information in breach of lawful contract Imprisonment up to 3 years, or/and with fine up to ₹500,000 73 Publishing electronic signature certificate false in certain particulars Imprisonment up to 2 years, or/and with fine up to ₹100,000 74 Publication for fraudulent purpose Imprisonment up to 2 years, or/and with fine up to ₹100,000
  • 9. Non-Applicability According to Section 1 (4) of the Information Technology Act, 2000, the Act is not applicable to the following documents: 1.Execution of Negotiable Instrument under Negotiable Instruments Act, 1881, except cheques. 2.Execution of a Power of Attorney under the Powers of Attorney Act, 1882. 3.Creation of Trust under the Indian Trust Act, 1882. 4.Execution of a Will under the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called. 1.
  • 10. 5.Entering into a contract for the sale of conveyance of immovable property or any interest in such property. 6.Any such class of documents or transactions as may be notified by the Central Government in the Gazette.