• IT Act is based on the model of electronic commerce adopted by UN Commission on international trade law in 1996. • It provides legal recognition to electronic commerce transactions, allows electronic filing of documents and penalizes computer related crimes. • The cyber law is law relating to computers, communications and internet and referred as ICT law. • ICT law covers e-commerce, e-governance, Intellectual property, data security, cyber crimes and issues of privacy.

1. Information Technology
Act, 2000
Enacted on 17th May 2000- India is 12th nation
in the world to adopt cyber laws
SACHIV

2. Essentials of IT law
• E- commerce requires identifying originator and
recipient of communication, authenticating the document
and time and place of communication.
• E-governance facilitates exchange of information in
electronic form between government departments inter se
including citizens.
• Protection of IPR in the digital medium such as data
bases, websites and protection against unauthorized
copying and downloading.
• Cyber crimes committed with the use of computers.

3. Information Technology Act,2000
• IT Act is based on the model of electronic commerce
adopted by UN Commission on international trade
law in 1996.
• It provides legal recognition to electronic commerce
transactions, allows electronic filing of documents
and penalizes computer related crimes.
• The cyber law is law relating to computers,
communications and internet and referred as ICT
law.
• ICT law covers e-commerce, e-governance,
Intellectual property, data security, cyber crimes and
issues of privacy.

4. Objectives of the IT Act
To provide legal recognition for transactions:-
Carried out by means of electronic data interc
hange, and other means of electronic c
ommunication, commonly referred to as "
electronic commerce“
To facilitate electronic filing of documents w
ith Government agencies and E-Payments
To amend the Indian Penal Code, Indian E
vidence Act,1872, the Banker’s Books Evidence A
ct 1891,Reserve Bank of India Act ,1934

5. OFFICE MEMORANDUM
22 August, 2016.
Subject: Children Education Allowance (CEA) -Clarification
The undersigned is directed to refer to Department of
Personnel & Training's O.M. No.12011/ 03/ 2008- Estt.
(Allowance) dated 21 September, 2008 and subsequent
clarifications issued from time to time on the subject
mentioned above and to say that E-Receipts produced by
Central Govt. employees as a proof of payment of fee, etc
., may be treated as original and hence may be allowed
for claiming reimbursement of CEA.

6. Issues covered
Secure e-transactions to enable parties to enter
into e-contracts.
Legal status to e-record and e-signature.
Contraventions such as hacking and spreading of
viruses.
Offences such as tampering with source code
and cyber pornography.
Right of Govt. to decrypt information
Privacy and confidentiality of information
submitted to statuary authorities.

7. Not applicable to S. 1(4) – First Schedule
- a negotiable instrument as defined in section 13 of the
Negotiable Instruments Act, 1881;
– a power-of-attorney as defined in section 1A of the
Powers-of-Attorney Act, 1882;
– a trust as defined in section 3 of the Indian Trusts Act,
1882;
– a will as defined in clause (h) of section 2 of the Indian
Succession Act, 1925 including any other testamentary
disposition by whatever name called;
https://sbicaptrustee.in
– any contract for the sale or conveyance of immovable
property or any interest in such property;

8. Amendments- Indian Evidence Act 1872
Section 3 of the Evidence
Act amended to take
care of admissibility of ER
as evidence along with
the paper based records
as part of the documents
which can be produced
before the court for
inspection.

9. CASES
REGISTERED
UNDER CYBER
CRIME
{2015}
(All India
11,592
- NCRB

10. PERSONS
ARRESTED UNDER
CYBER CRIME
DURING 2015
(All India 8,121)

13. Penalty and compensation for damage to
computer, computer system - Section 43
without permission of the owner or any other person who is in charge ----
– accesses
– downloads
– introduces virus
– damages
– denial of access
– provides any assistance
3 years or 5 lakh or both - Section 66

14. Compensation for failure to protect
data - Section 43A
possessing, dealing or handling any sensitive
personal data or information, and is
negligent in implementing and maintaining
reasonable security practices resulting in
wrongful loss or wrongful gain to any
person, then such body corporate may be
held liable to pay damages to the person
so affected.

15. Tampering with Computer Source
Documents - Section 65
whoever knowingly or intentionally
conceals, destroys, or alters any
computer source code used for a
computer, computer programme,
computer system or computer network
3 years or fine (200,000 ) or both
Illustration 1 and 2

16. Illustration 1
Mr. X maintain the Software System supplied
by them to the bank. He was also looking
Software System of certain other banks. In
connection with rendering such services, the
petitioner was having access to their
accounting system.
Mr. X has manipulated the computerized
Bank account i.e. the interest entries and
thereby cheated the complainant bank by
forging electronic record in order to cause
wrongful loss to the bank and wrongful gain
to himself.

17. Syed Asifuddin and Ors. v. The State of Andhra Pradesh
and Anr., 2005 CriLJ 4314 AP
Reliance Infocomm - digital handset worth Rs.
10,500/- as well as service bundle for 3 years
with an initial payment of Rs. 3350/-
Tata Indicom employees were arrested for
manipulation of the electronic 32-bit number
(ESN) programmed into cell phones that were
exclusively franchised to Reliance Infocomm.
The court held that such manipulation
amounted to tampering with computer source
code as envisaged by section 65 of the
Information Technology Act, 2000.

18. Punishment for sending offensive
messages through communication
service, etc. - Section 66A
causing annoyance, inconvenience,
danger, obstruction, insult, injury,
criminal intimidation, enmity, hatred or
ill will
3 years + fine

19. 7/27/2017 12:33 P 19

20. Shreya Singhal v. Union of India (24.3.2015)

21. Dishonestly receiving stolen computer resource or
communication device - Section 66B
3 years
or
1 lakh
or
both

22. Identity theft – Section 66C
make use of the electronic
signature, password or any other
unique identification feature
3 years + 1 lakh
Illustration 3

23. Identity Theft
Kareena Kapoor has approached the police
alleging that someone has filed the income tax
return for the financial year 2015-16 in her
name online without her knowledge. Police have
registered a case of 'identity theft' under the
Information Technology Act and are probing
further. As per the complaint, unidentified
person(s) seemed to have got her PAN and her
password for filing the return online on the IT
website. Police have registered a case under sec.
419 of IPC (cheating) and section 66-C (identity
theft) of the IT Act. (NDTV)

24. Cheating by personation by
using communication device or
computer resource –
Section 66D
3 years + 1 lakh

25. Violation for privacy - Section 66E
captures, publishes or transmits the
image of a private area of any
person
3 years or 2 lakh or both
MMS Scandal

26. Cyber Terrorism s. 66F
intent to threaten the unity, integrity,
security or sovereignty of India or to
strike terror in the people
imprisonment for life
Illustration 4

27. Illustration 4
A threat email was sent to the BSE and NSE
challenging the security agencies to prevent a
terror attack by one Shahab Md with an ID
sh.itaiyeb125@yahoo.in to BSE’s administrative
email ID corp.relations@bseindia.com at around
10.44 am. The IP address of the sender has been
traced to Patna in Bihar. The ISP is Sify. The email
ID was created just four minutes before the email
was sent. “The sender had, while creating the new
ID, given two mobile numbers in the personal
details column. Both the numbers belong to a
photo frame-maker in Patna,’’

28. S. 67 – Publishing or transmitting
obscene material in electronic
form
3 years + 5 lakh
Second or subsequent conviction -
5 years + 10 lakh
Illustration 5

29. State of Tamil Nadu v. Suhas Katti
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.
The accused was a known family friend of the victim and was
reportedly interested in marrying her. She however married
another person. This marriage later ended in divorce and the
accused started contacting her once again. On her reluctance
to marry him, the accused took up the harassment through
the Internet.
The accused is found guilty and convicted for offences under
section 469, 509 IPC and 67 of IT Act 2000 .

30. Publishing or transmitting of
material containing sexually
explicit act, etc. in electronic form
- Section 67A
5 years + 10 lakh
Second or subsequent conviction –
7 years + 10 lakh

31. Publishing or transmitting of
material depicting children in
sexually explicit act, etc. in
electronic form - Section 67B
5 years + 10 lakh
Second or subsequent conviction –
7 years + 10 lakh

32. Powers to issue directions for
interception or monitoring or
decryption of any information through
any computer resource - Section 69
Central Government or a State Government:-
– interest of the sovereignty or integrity of India,
– defence of India,
– security of the State,
– friendly relations with foreign States or
– public order or
– for preventing incitement to the commission of any cognizable
offence
direct any agency
fails to assist the agency – 7 years + fine

33. Power to issue directions for
blocking for public access of any
information through any computer
resource - Section 69A
Central Government :-
– interest of the sovereignty or integrity of India,
– defence of India,
– security of the State,
– friendly relations with foreign States or
– public order or
– for preventing incitement to the commission of any cognizable
offence
direct any agency
fails to assist the agency – 7 years + fine

34. S. 72A –Disclosure of information in
breach of lawful contract
any person
providing services
secured access to any material containing personal
information about another person
intent to cause or knowing
wrongful loss or wrongful gain
without the consent of the person
3 Years or 5 lakh or both

35. Exemption from liability of intermediary in
certain cases - S. 79
function of the intermediary is limited to providing access to a
communication system
the intermediary does not-
(i) initiate the transmission,
(ii) select the receiver of the transmission, and
(iii) select or modify the information contained in the
transmission;
OBSERVES DUE DILIGENCE
not apply if:-
– CONSPIRED OR ABETTED OR AIDED
– ACTUAL KNOWLEDGE

36. Cyber crimes punishable under
various Indian laws
Emails that are defamatory in nature are punishable under
Section 500 of the Indian Penal Code which recommends
an imprisonment of upto two years or a fine or both.
Threatening emails are punishable under the provisions of
the IPC pertaining to criminal intimidation, insult and
annoyance (Chapter XXII), extortion (Chapter XVII)
Email spoofing
Email spoofing is covered under provisions of the
IPC relating to fraud, cheating by personation (Chapter X
VII), forgery (Chapter XVIII)

37. Computer Related Crimes under
IPC and Special Laws
Sending threatening messages by email Sec 503 IPC
Sending defamatory messages by email Sec 499, 500 IPC
Forgery of electronic records Sec 463, 470, 471 IPC
Bogus websites, cyber frauds Sec 420 IPC
Email spoofing Sec 416, 417, 463 IPC
Online sale of Drugs NDPS Act
Web - Jacking Sec. 383 IPC
Online sale of Arms Arms Act

38. Some more offences dealt with
under IPC…
Criminal breach of trust/Fraud- Sec. 405, 406,
408, 409 IPC
Destruction of electronic evidence - Sec. 204,
477 IPC
False electronic evidence-Sec.193 IPC
Offences by or against public servant-Sec.167,
172, 173, 175 IPC

39. Kindly start Recognizing …

40. Thanks