This document discusses Indian laws related to cybercrime, including sections of the Information Technology Act, 2000. It covers offenses related to publishing or transmitting pornography electronically, which carry penalties of up to 10 years in prison and fines of up to Rs. 1 crore. Other offenses discussed include intentionally destroying or altering computer source code, unauthorized access to computers, and failure to assist authorities in decrypting intercepted electronic information. The roles of various authorities for investigation and adjudication of cybercrimes are also mentioned.

1. Rohas Nagpal,
Asian School of Cyber Laws

2.  Information Technology Act, 2000
 Imprisonment upto 10 years
 Compensation upto Rs 1 crore
 Indian Penal Code,
Evidence Act
Code of Criminal Procedure

3.  Section 67 covers:
• Publishing
• Transmitting
• Causing to be published
 In respect of pornography in the
electronic form
 Baazee case

4.  Section 67 applies to:
• SMS,
• emails,
• websites,
• mp3 ??
 Stringent punishment:
• 5 years + 1 lakh fine
• 10 years + 2 lakh fine

5.  Liability of receiver of pornography?
 Is it a crime to watch pornography?
 Is cyber café owner responsible?

6. Intention to cause wrongful loss or damage
or
Knowledge of the likelihood of wrongful loss or
damage
AND
Destruction / deletion / alteration of information in a
computer
or
diminishing value or utility of a computer resource
or
injuriously affecting a computer resource

7.  3 years jail and / or 2 lakh fine

10.  knowingly or intentionally conceals,
destroys or alters
 or intentionally or knowingly causes
another to conceal, destroy or alter
 any computer source code
 required to be kept or maintained by law

11.  3 years jail and / or 2 lakh fine
 Tata Indicom employees case

12.  Controller directs interception of
electronic information
• sovereignty / integrity / security of India,
• friendly relations with foreign States
• public order
• preventing incitement to the commission of any
cognizable offence
 All facilities and technical assistance to
decrypt the information are not offerred.

13.  7 years jail
 Forgotten password (?)
 Deleted private keys (?)
 Unconstitutional (?)

14.  Save as otherwise provided by law
 Police etc secured access to any
electronic information
 Discloses material without the consent of
the person concerned

15.  2 years jail and / or Rs 1 lakh

16.  Unauthorised access
 Unauthorized copying, downloading,
extracting
 Introducing computer worm / virus
 Denial of service

17.  Facilitating unauthorized access
 Computer fraud

18.  For investigation
• Controller of Certifying Authorities
• Deputy Superintendent of Police
• CERT-IND
 For adjudication
• Adjudicating Officer
• Cyber Appellate Tribunal
• Criminal Courts

19.  Liability of Network Service Providers
 Liability of Companies
 Arrest without warrant
 Search and seizure

20.  Email as evidence
 Certificate u/s 65B of Indian Evidence
Act
 Bankers’ Books Evidence Act
• Applicable to cheque bouncing cases also
 Digital signatures as evidence

21. Rohas Nagpal,
Asian School of Cyber Laws