Cyber Laws in India
Classification of cyber Crimes
Need of Cyber Laws
Indian Crime Scene
Future of Cyber Crime in India
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
CLASSIFICATION OF CYBER CRIMES
Harassment Cyber Stalking Defamation
Hacking Carding Child Pornography
Intellectual Property Crimes Cyber Squatting
Hacking Computer System Cyber Trespass
Cyber Terrorism Distribution of Pirated Softwares
Possession of Unauthorised
Cyber Law is a term that encapsulates the legal issues related to use of the
• 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.
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.
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.
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.
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.
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]
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
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
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
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.”
IT AMENDMENT ACT,2008
It has added several new sections on offences including cyber terrorism and data
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.
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
233 persons were arrested in 2010
33% of the cases registered were related to
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
The majority of these crimes were either forgery or
Source: National Crime Records Bureau
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.
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
October 2, 2014
Unable to challenge the might of Google with his potent search engine tezguru.com 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
tezguru.com, 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 http://www.rrbbpl.nic.in/so that anybody logging on to
the fake site and clicking on a link was taken to the official site, adding credibility to the
Processing fees of Rs 300 and Rs 500
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
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
The enforcement agencies are required to be well versed with the changing
technologies and Laws.”