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Cyber laws in India

Cyber Laws in India and IT Act, 2000

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Cyber laws in India

  1. 1. Presentation On Cyber Laws in India Presented By  Saumya Srivastava  Shivani Choudhary  Poorva Chaudhary
  2. 2. CONTENTS  Cyber Crime-Introduction  Classification of cyber Crimes  Cyber Law-Introduction  Need of Cyber Laws  Indian Crime Scene  IT Act,2000  ITAA,2008  Counter Measures  Future of Cyber Crime in India  Case Study  Conclusion  References
  3. 3. CYBER CRIME It refers to any crime that involves a computer or network. Cyber Crime is technically defined as : "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)".
  4. 4. CLASSIFICATION OF CYBER CRIMES  Against Person Harassment Cyber Stalking Defamation Hacking Carding Child Pornography  Against Property Intellectual Property Crimes Cyber Squatting Hacking Computer System Cyber Trespass  Against Government Cyber Terrorism Distribution of Pirated Softwares Possession of Unauthorised Information
  5. 5. CYBER LAW Cyber Law is a term that encapsulates the legal issues related to use of the internet. • It refers to the legal and regulatory aspects of internet and world wide web. • Thus Cyber Space is governed by a system of laws and regulations called cyber law.
  6. 6. WHY SHOULD I KNOW ABOUT CYBER LAWS????? As the nature of Internet is changing and this new medium is being seen as the ultimate medium ever evolved in human history, every activity of yours in Cyberspace can and will have a Cyber-legal perspective. At every point of time, there are various Cyber law issues involved. You may not be bothered about these issues today because you may feel that they are very distant from you and that they do not have an impact on your Cyber activities. But sooner or later, you will have to tighten your belts and take note of Cyber law for your own benefit.
  7. 7. INDIAN CRIME SCENE The major Cyber Crimes reported, in India, are Denial of Services, Defacement of Websites, Spam, Computer Virus and Worms, Pornography, Cyber Squatting, Cyber Stalking and Phishing.
  8. 8. NEED OF CYBER LAWS IN INDIA India has a rapidly growing online user base with 121 Million Internet Users 65 Million Active Internet Users 50 Million users shop online on Ecommerce Sites 46+ Million Social Network Users Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the need for Cyber laws in India.
  9. 9. IT ACT,2000 The Information Technology Act, 2000 is the legislation that deals with issues related to Internet. It attempts to change the outdated laws and provides ways to deal with cyber crimes. The Act offers the much-needed legal framework so that information is not denied legal effect, validity or enforceability, solely on the ground that it is in the form of electronic records. Enacted on 17th May,2000  India is the 12th nation in the world to adopt Cyber Laws The main purpose of this act is to provide legal recognition to e-commerce and to facilitate filing of electronic records with the government. IT Act 2000 consisted of 94 sections segregated into 13 chapters.
  10. 10. CHAPTER XI – OFFENCES – 66. Hacking with computer system. (1)Whoever, intentionally or unintentionally risks the security of a computer system or network, 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. Section – 43 Deals with cyber trespassing “If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.” [S.66]
  11. 11. S.66A - Punishment for sending offensive messages through communication service, etc.  Any person who sends, by means of a computer resource or a communication device;  Any information that is grossly offensive or has menacing character  Shall be punishable with imprisonment for a term which may extend to three years and with fine. S. 66C - Punishment for identity theft “Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, 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 rupees one lakh”
  12. 12. S. 66D - Punishment for cheating by personation by using computer resource “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. “ S. 66E - Punishment for violation of privacy. “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, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both” S. 67 A - Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form “Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees”
  13. 13. S. 67 C - Preservation and Retention of information by intermediaries. “(1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe. (2) Any intermediary who intentionally or knowingly contravenes the provisions of sub section (1) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.”
  14. 14. IT AMENDMENT ACT,2008 It has added several new sections on offences including cyber terrorism and data production  IT Amendment act 2008 has been passed by the parliament on 23rd december,2008 and came into force from October 27,2009 onwards. FEATURES OF ITAA,2008 • Focusing on data privacy • Focusing on information security • Making digital signature technology neutral • Defining reasonable security practices to be followed by corporate • Penalty for securing access to a protected system. • Tampering with computer source documents • Punishment for sending offensive or have menacing character • Punishment for violation of privacy.
  15. 15. Arrests and Reports under IT Act  Under the IT Act, 966 cybercrime cases were filed in 2010 (420 in 2009)  Geographic breakdown of cases reported:  153 from Karnataka,  148 from Kerala  142 from Maharashtra  105 Andhra Pradesh  52 Rajasthan  52 Punjab  233 persons were arrested in 2010  33% of the cases registered were related to hacking Arrests and Reports Under IPC  Under the IPC, 356 cybercrime cases were registered in 2010 (276 cases in 2009)  Geographic breakdown of cases reported --  104 from Maharashtra  66 Andhra Pradesh  46 Chhattisgarh  The majority of these crimes were either forgery or fraud cases. Source: National Crime Records Bureau
  16. 16. Counter Measures An important question arises that how can these crimes be prevented. A number of techniques and solutions have been presented but the problems still exists and are increasing day by day.  Anti Virus  Firewalls  Cryptography  Cyber Laws
  17. 17. The Future of Cyber-Crimes in India  Continued Website Hacks and Defacements  Data and Information theft  Increasing phishing attacks on Ecommerce and Financial Websites  Cybercriminals targeting Social and Professional Networks  Threats directed at the Mobile Platform: Smartphones and Tablets
  18. 18. CASE STUDY October 2, 2014 Unable to challenge the might of Google with his potent search engine in the want of funds in 2009, a teenaged techno genius Shivendu Madhav turned into an alleged cyber criminal five years later. The 22-year-old techno whizkid from Siwan district of Bihar, Shivendu was arrested by the UP STF on October 1 in Lucknow, for allegedly being the tech brain of a Varanasi-based racket of youths, who had allegedly created the fake portal of the Railway Recruitment Board , had even won accolades from former president Dr APJ Abdul Kalam in 2009 at a techno exhibition in Bihar  Duped large number of job aspirants nationwide in the name of railway jobs, spanning from track men to ticket collector  The young fraudsters had not only developed the fake RRB-Bhopal website, but also gave hypertext links to RRB's official website that anybody logging on to the fake site and clicking on a link was taken to the official site, adding credibility to the fraudsters' claims  Processing fees of Rs 300 and Rs 500
  19. 19.  Police came to know about Shivendu through a Mumbai-based internet payment gateway which was being used by him and aides and subsequently located the racket to be based in Varanasi.  To ensure that duped job aspirants get their money back, Rs 13 lakh sum earned by fraudsters has been blocked with the internet payment gateway being used by them and the money will soon be reimbursed to job aspirants SHIVENDU MADHAV
  20. 20. 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. Though a crime free society exists only in a dream- land, it should be constant endeavour of rules to keep the crimes lowest. Technology is always a double-edged sword and can be used for both the purposes – good or bad. But, it should be the persistent efforts of rulers and law makers to ensure that technology grows in a healthy manner and is used for legal and ethical business growth and not for committing crimes. The enforcement agencies are required to be well versed with the changing technologies and Laws.”
  21. 21. REFERENCES  engine-Bihars-techno-genius-plunged-into-cyber-crime/articleshow/44102692.cms    Dhawesh Pahuja July 17, 2011 Legal Articles, Miscellaneous Legal Articles  
  22. 22. THANK YOU FOR YOUR PATIENCE Queries are Welcomed