Section 65 – Tampering with computer Source Documents.pptx
1. Cyber Crime
• Meaning :-Cyber Crime is a generic term that
refers to all criminal activities done using the
medium of communication technology
components, the internet, cyber space and
the world wide web (www).
• Cyber Crime is also known with Computer
oriented crime.
Ex:-Identity theft, internet scams and cyber
stalking
2. Categorize Cyber crimes in two ways
• The Computer as a Target :-using a computer
to attack other computers.
e.g. Hacking,Virus/Worm attacks,DOS attack
etc.
• computer as a weapon :-using a computer to
commit real world crimes.
e.g. Cyber Terrorism, IPR violations,Credit card
frauds, Pornography etc.
3. Cyber Law
• Meaning :-Cyber Law is the term used to
describe a law that deals with issues related
to the internet, technological and electronic
elements, communication technology,
including computers, software, hardware and
information systems.
4. Importance of Cyber law
• Cyber law is concerned with every individual these
days. This is primarily because we all use internet in
same or other form daily. Internet is used when we
create any account online, while performing e-
commerce transactions, net banking, for e-mails etc.
• Cyber law is important because it touches almost all
aspects of transaction and activities on and concerning
the internet, the world wide web and cyber space.
• Cyber law protects every individuals from getting
trapped in any cyber violations.
5. Cyber Jurisprudence
• Cyber Jurisprudence :-is the study of laws
which is directly related to Cyber Crimes.
Cyber jurisprudence also describes the
principles of legal issues, which exclusively
regulates the cyberspace and internet.
6. Information Technology Act 2000
• An act, also known as a bill, is a proposed piece of
legislation that is introduced in a government
body, such as a parliament. The purpose of an act
is to create, amend or repeal a law or set of laws.
• An act goes through a regulatory procedure of
consideration and debate before it can become a
law. The process of passing an act typically begins
with the introduction of the bill in a government
body like the houses of parliament. The bill is
then assigned to a committee for further review
and consideration.
7. • After the bill is passed by the government
body, it is sent to the head of state or
government, who may sign it into law.
• Once an act is signed into law, it becomes a
law and is enforceable by the government,
and any unfair practices against it will be
considered an offence.
8. What Is A Law?
• A law is a set of rules or regulations that are
created and enforced by a government or other
authority aimed at improving the functioning of
society and the conduct of people.
• Laws are designed to govern the behaviour of
individuals, organizations and institutions in a
society and to provide a framework for
maintaining order and protecting the rights of
citizens.
9. Salient Features or Overview of Information technology Act,
2000 (I.T. Act, 2000)
• It gives legal recognition carried out by means of Electronic Data
Interchange (EDI) and other means of electronic communication.
• The act provides legal recognition to E-Contracts i.e., business
contracts and creation of rights and obligations through electronic
media.
• It facilitates E-governance and to encourage the use and
acceptance of electronic records and digital signatures in
government offices and agencies. This would also make the citizen-
government interaction more hassle free.
• It provides legal recognition for Electronic Records and Digital
signatures.
• It provides the mandatory obligation upon the Certifying Authority
to obtain license to issue Digital Signature.
10. • It provides for the establishment of a regulatory body,
i.e., Controller of Certifying Authority.
• The Act provides the specifications about the Liability
of Intermediaries and the exceptions to their liability.
• The Act provides for the civil liabilities
or penalties for Cyber Contraventions.
• The Act provided the Punishments or penal provisions
for Cyber offences.
• Provision for setting up of Cyber Regulatory Appellate
Tribunal (CRAT)
11. • Provision to make consequential amendments in the
Indian Penal Code, 1860 and the Indian Evidence Act,
1872 to provide for necessary changes in the various
provisions which deal with offences relating to
documents and paper based transactions.
• It provides for the amendment of the Reserve Bank of
India Act, 1934 so as to facilitate electronic fund
transfers between the financial institutions and also
regulate the transactions by the online Customers of
the Banks.
12. • It provided the provision to amend the Banker's
Books Evidence Act, 1891 so as to give legal
sanctity for books of accounts maintained in the
electronic form by the banks.
• So as to make the Electronic Cheque pave its way
for the easier payments and easy transfer of
amount, provision for the amendment of
Negotiable Instrument Act, 1881 has been
provided, in order to include the E-cheque in the
definition of Cheque.
13. • Establishment of Enforcement Agencies like Cert-In, Examiner of
Electronic Evidence etc., has been specified in the Act. (CERT-In's
primary role is to raise security awareness among Indian cyber
community and to provide technical assistance and advise them to
help them recover from computer security incidents. CERT-In
provides technical advice to System Administrators and users to
respond to computer security incidents.)
• Provision for the appointment of Adjudicating Officer has been
mentioned in the Act, who verdicts about the Cyber Contraventions
• The Act has Extra Territorial Application i.e., it applies to the cyber
offences committed outside India by a person irrespective of
his/her nationality
• The provisions of the I.T. Act have “ No application” to negotiable
instruments (except Cheque), power of attorney, trust, will and any
contract for sale or conveyance of immovable property.
14. Certifying Authorities (CA)
• Certifying Authorities (CA) has been granted a
license to issue a digital signature certificate
under Section 24 of the Indian IT-Act 2000.
National Informatics Center (NIC)
IDRBT Certifying Authority
SafeScrypt CA Services, Sify Communications Ltd.
(n) Code Solutions CA
E-MUDHRA
16. Controller of Certifying Authority.
• Controller of Certifying Authority is a government
agency responsible for the digitization of government
services and procurement procedures
• Controller of Certifying Authority was established in
May 2011 according to the Information and
Communication Technology (Amended) Act, 2006.
• The agency is run by a government appointed
controller. The agency has been given the responsibility
to introduce Digital Signature and electronic signatures
in government
• The agency is responsible for public key infrastructure .
It prescribes Digital Signature Certificate.
17. Adjucating officer
• Adjudicating officer has the powers of a civil
court. Power to impose
penalty/compensation:
• The Adjudicating Officer also enjoys the power
to impose penalty or determine the amount
and award compensation. Section 46(2)
Information Technology Act 2000.
18. Eligibility for Adjudicating Officer
• (a)possesses a University Graduate Bachelor Degree or equivalent, recognised by Central
Government /State Government for the purpose of recruitment to Grade I Service in a Government
Department through Union/State Public Service Commission;
• (b)possesses information technology experience in the areas of relevance to public interface with
Central/State Government functioning and experience obtained though the in-service training
imparting competence to operate computer system to send and receive e-mails or other
information through the computer network, exposure and awareness about the method of carrying
information, data, sound, images or other electronic records through the medium of network
including Internet;
• (c)possesses legal or judicial experience to discharge responsibilities connected with the role of
Central/State Government in respect of making decisions or orders in relation to administration of
laws as a District Magistrate, or Additional District Magistrate or Sub-Divisional Magistrate or an
Executive Magistrate or in other administrative or quasi-judicial capacity for a cumulative period of
5 years;
• (d ) is working and holding a post in Grade I in Government Department either in State
Government/Union Territories to perform functional duty and discharge job responsibility in the
field of information technology
• (e)is an in-service officer not below the rank of Director to the Government of India or an
equivalent officer of State Government.
19. Cyber laws that everyone using the
internet must be aware of
• Internet is just like life. It is interesting and we spend a lot
of time doing amusing things here, but it comes with its fair
share of trouble. With the technology boom and easy
Internet access across the country, cyber crime, too, has
become a pretty common occurrence. From hacking into
computers to making fraudulent transactions online, there
are many ways in which we can become a victim of illegal
cyber activities.
• To regulate such activities that violate the rights of an
Internet user, the Indian government has the Information
Technology Act, 2000, in place. Here are some of its
sections that empower Internet users and attempt to
safeguard the cyberspace.
20. Section 65 – Tampering with
computer Source Documents
A person who intentionally conceals,
destroys or alters any computer source code
(such as programmes, computer commands,
design and layout), when it is required to be
maintained by law commits an offence and
can be punished with 3 years’ imprisonment
or a fine of 2 Lakhs INR or both
21. Section 66 - Using password of
another person
• If a person fraudulently uses the password,
digital signature or other unique identification
of another person, he/she can face
imprisonment up to 3 years or/and a fine of 1
Lakh INR.
22. Section 66D - Cheating Using
computer resource
• If a person cheats someone using a computer
resource or a communication device, he/she
could face imprisonment up to 3 years or/and
fine up to 1 Lakh INR
23. Section 66E - Publishing private
Images of Others
• If a person captures, transmits or publishes
images of a person’s private parts without
his/her consent or knowledge, the person is
entitled to imprisonment up to 3 years of fine
up to 2 Lakhs INR or both
24. Section 66F - Acts of cyber Terrorism
• A person can face life imprisonment if he/she
denies an authorized person the access to the
computer resource or attempts to
penetrate/access a computer resource
without authorization, with an aim to threaten
the unity, integrity, security or sovereignty of
the nation. This is a non-bailable offence.
25. Section 67 - Publishing Child Porn or
predating children online
• If a person captures, publishes or transmits
images of a child in a sexually explicit act or
induces anyone under the age of 18 into a
sexual act, then the person can face
imprisonment up to 7 years or fine up to 10
lakhs INR or both
26. Section 69 - Govt.'s Power to block
websites
• If the government feel it necessary in the
interest of sovereignty and integrity of India, it
can intercept, monitor or decrypt any
information generated, transmitted, received
or stored in any computer resource. The
power is subject to compliance of procedure.
Under section 69A, the central government
can also block any information from public
access.
27. Section 43A - Data protection at
Corporate level
• If a body corporate is negligent in
implementing reasonable security practices
which causes wrongful loss or gain to any
person, such body corporate shall be liable to
pay damages to the effected person.
28. Section 72
Breach of confidentiality and privacy-----Imprisonment up
to 2 years, or/and with fine up to ₹1,00,000
Section 73
Publishing electronic signature certificate false in
certain particulars-------Imprisonment up to 2 years,
or/and with fine up to 1,00,000
Section 74
Publication of Electronic signature for fraudulent
purpose------Imprisonment up to 2 years, or/and with
fine up to ₹1,00,000
29. Section 67C
Failure to maintain records----Imprisonment up to three
years, or/and with fine.
Section 68
Failure/refusal to comply with orders----Imprisonment
up to 2 years, or/and with fine up to ₹1,00,000
Section 70
Securing access or attempting to secure access to a
protected system------ Imprisonment up to ten years,
or/and with fine.
30. • Section 425 :-Mischief
• Whoever with intention or knowingly cause
• Wrongful loss or damage to any person
• Causes the destruction of any property
• Destroys or diminishes its value or utility
• damaging computer systems will fall within the
aforesaid section 425 of IPC. The maximum
punishment for mischief is imprisonment of up to
3 (three) months or a fine or both.
31. • Section 379 :-Theft
• Date of any company or any individual in any
form is stolen by someone.
• Punishable up to three years imprisonment or
fine or both.
32. • Section 292 :-Sale, etc., of obscene book
• Capturing, publishing or transmitting the
image of a private area without any person’s
consent or knowledge.
• In first conviction up to two years
imprisonment and fine rupees 2000.
• In second conviction up to five years
imprisonment or fine rupees 5000.
33. • Section 465 :-Punishment for forgery
Making a false document
• Punishable up to two years of imprisonment
or fine or both.
34. • Cyber Crime Police Station
• Location: Central Crime Station Building, Old
Commissioner Office, Baseerbagh,
Hyderabad, Telangana - 500 029