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IT ACT 2000

Abhishek Raghupungav

Dhananjay Dixit

Jyothsna Ch.

Kshitij Agarwal

Priyance Agarwalla

Vaibhav Chavan

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Background

Formulated in the year 2000

Based on the UNCITRAL Model Law on Electronic Commerce

(1997)

12th Nation to enact Cyber Law

Amended in 2008

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ChaptersNo. Title Description

1. Preliminary Definitions of terms used in the rest of the document

2. Definitions Definitions encompassing various terms used in the

regular technology usage

3. Electronic Governance Provides for the legal recognition of electronic records

especially by Govt. agencies

4. Attribution,

Acknowledgement, and

Dispatch of Electronic

Records

Discusses when an electronic message shall be

considered to be sent and when it will be considered

to be received

5. Secure Electronic Records

and Secure Digital Signatures

Discusses (a bit vaguely) what is considered as secure

electronic records and digital signatures

6. Regulation of Certifying

Authorities

Discusses who can be appointed as a CA, and what their

responsibilities and authorities are

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No. Title Description

7. Digital Signature

Certificates

Who can issue Digital Certificates, and what they should

contain and rules for revocation

8. Duties of Subscribers Generation or acceptance of the key pair, and

reasonable care for securely using it

9. Penalties and Adjudication Penalties for damage to computer systems Rs. 1 crore

Failure to furnish information Rs. 1,50,000

Failure to maintain records Rs. 10,000 per day

Residuary penalty Rs. 25,000

10. Cyber Regulations

Appellate Tribunal

Establishment, composition and powers of a Cyber

Appellate Tribunal to adjudicate in matters related tothis Act.

11. Offences Tampering with computer source documents 3 years

imprisonment, or fine of Rs. 2 lakhs or both

Hacking with computer system as above

Publishing of obscene information as above

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No. Title Description

12. Network Service Providersnot to be Liable in Certain

Cases

If offence committed without his knowledge ordue diligence was exercised.

13. Miscellaneous Power of police officer

Offences by companies (imp)

Power of Central and State Governments

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IT ACT, 2000MAJOR PROVISIONS

Extends to the whole of India

Electronic contracts will be legally valid

Legal recognition of digital signatures

Security procedure for electronic records and digital signature

Appointment of Controller of Certifying

Authorities to license and regulate the working

of Certifying Authorities

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Contd.

Certifying Authorities to get License from the Controller to issuedigital signature certificates

Various types of computer crimes defined and stringent penaltiesprovided under the Act

Appointment of Adjudicating Officer for holding inquiries under theAct

Establishment of Cyber Regulatory Appellate Tribunal under the Act

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Contd.

Appeal from order of Adjudicating Officer to Cyber Appellate

Tribunal and not to any Civil Court

Appeal from order of Cyber Appellate Tribunal to High Court

Act to apply for offences or contraventions committed outside

India

Network service providers not to be liable in

certain cases

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IT ACT 2000: Objectives

Legal recognition of digital signature is at par with the handwritten

signature

Electronic Communication by means of reliable electronic record

Acceptance of contract expressed by electronic means

Electronic filing of documents

Retention of documents in electronic form

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Objectives

Uniformity of rules, regulations and standards regarding theauthentication and integrity of electronic records or documents

Publication of official gazette in the electronic form

Interception of any message transmitted in the electronic orencrypted form

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Exclusions

A negotiable instrument as defined in Negotiable Instruments Act,

1881

A power-of-attorney as defined in Powers-of-Attorney Act, 1882

A trust as defined in the Indian Trusts Act, 1882

A will as defined in the Indian Succession Act 1925 including any othertestamentary disposition by whatever name called

Any contract for the sale or conveyance of

immovable property or any interest in such

property

Any such class of documents or transactions as

may be notified by the Central Government in the Official Gazette.

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TYPES OF CYBER CRIMES

Cyber terrorism

Cyber pornography

Defamation

Cyber stalking (section 509 IPC)

Sale of illegal articles-narcotics, weapons, wildlife

Online gambling

Intellectual Property crimes- software piracy, copyright

infringement, trademarks violations, theft of computer source code

Email spoofing

Forgery

Phishing

Credit card frauds

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Civil Offences

Unauthorized copying, extracting and downloading of any data,database

Unauthorized access to computer, computer system or computer

network

Introduction of virus

Damage to computer System and Computer

Network

Disruption of Computer, computer network

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Punishment:

Offender shall be liable to pay damages by way

of compensation not exceeding one crore rupees to the person so affected

Denial of access to authorized person to computer

Providing assistance to any person to facilitate unauthorized accessto a computer

Charging the service availed by a person to an account of another

person by tampering and manipulation of other computer

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Criminal Offences

Tampering with computer source documents

imprisonment up to three years, or with fine which may extend up

to two lakh rupees, or with both.

Hacking with computer systemimprisonment up to three years, or with fine which may extend upto

two lakh rupees, or with both

Publishing information which is obscene in electronicform

imprisonment of either description for a term which may extend toten years and also with fine which may extend to two lakh rupees

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Electronic forgery i.e. affixing of false digital signature, making falseelectronic record

Electronic forgery for the purpose of cheating

Electronic forgery for the purpose of harming reputation

Using a forged electronic record

Publication of digital signature certificate for fraudulent purpose

Offences and contravention by companies

Unauthorized access to protected system

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Amendments to Other Acts

Indian Evidence Act, 1872

Indian Penal Code, 1860

Banker's Book Evidence Act, 1891

Reserve Bank of India Act, 1934

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Points

Nothing mentioned on e-commerce and validity of electroniccommercial transactions

Majority of the sections deal with digital signatures and certifyingauthorities

Hacking is treated very briefly and perfunctorily

Unauthorized access is a very broad definition as per the Act

Somewhat Draconian in the rights it gives to Deputy Superintendent ofPolice

Liabilities of company and network provider

Implications of reasonable storage of access data clause

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Cases

The Cybercrime Cells website was hacked

A hoax email about a bomb planted in Parliament was sent to all

the MPs

In both cases, the police arrested the owners of the cyber cafes

from where the crimes were committed

Sections 65 (tampering with computer source documents) and 66(hacking with computer system) were invoked

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Data diddling

Changing data prior or during input into a computer

Section 66 and 43(d) of the I.T. Act covers the offence of data

diddling

Penalty: Not exceeding Rs. 1 crore

NDMC Electricity Billing Fraud Case (1996): A private contractor

who was to deal with receipt and accounting of electricity bills by

the NDMC, Delhi. Collection of money, computerized accounting,

record maintenance and remittance in his bank who

misappropriated huge amount of funds by manipulating data files

to show less receipt and bank remittance

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QUESTIONS??