CYBER CRIME AND

INFORMATION TECHNOLOGY ACT 2000

~ AN OVERVIEW ~
Nikhil A. Gupta,
2nd Jt. CJJD & JMFC, Newasa, Dist. : Ahmednagar
[email protected]

Abstract : This paper highlights the importance of computer in human life. It elaborates the concept of Cyber
Crime. It discusses the provisions of Information Technology Act, 2000 along with the sweeping changes
brought in by The Amendment Act of 2008. An attempt is been made to discuss the silent features of the
amendment Act of 2008. In this paper the important provisions of Information Technology Act are discussed.
The offences and penalties prescribed in the Act are discussed in tabular form to understand its nature,
punishment and its bailability.
Keywords Cyber crime, Computer, Information Technology Act, Digital Signature, Electronic Signature, E-
Governance.

I INTRODCTION
The Term Cyber Crime needs no introduction in todays E-world. In this world, where everything is
available at a click, crimes are also been committed at a click. Cyber Crime thus is the darker side of
technology. It is a Crime where the computer is either a tool or a target. The term WWW which stands for
World Wide Web has now become World Wide Worry because of mushroom growth in cyber crimes.

Crime in a developing nation is a hindrance to its development. It not only adversely affects all the
members of the society but it also pulls down the economic growth of the country. Computer Technology
provided a boost to the human life. It made the life of human being easier and comfortable. It not only added
speed to the life of human being, but it also added accuracy and efficiency. But this computer was exploited by
the criminals. This illegal use of computers for commission of crime leads to Cyber Crime. To combat Cyber
Crime India got armed herself with The Information Technology Act 2000. This act got drastically amended in
year 2008. The Amended Information Technology Act is not only effective than the previous Act it is more
powerful and stringent than the previous one.

II IMPACT OF COMPUTER ON HUMAN LIFE

Change is the rule of universe. Nothing in this world is static and technology is providing a pace to this
change. The highlight of this era is e-governance. That means the government is available to its citizens at just
a click. A farmer is not required to the village officer for obtaining his property extract, its available online to
him. The long queues for paying bills are becoming history, people are preferring to pay bills online. E-
commerce is becoming a part of business. Shopping on internet through e-commerce website is becoming a
trend. Telegram technology has already said good bye to the World, because mobile is available in every
pocket.

The impact of globalization and computerisation is phenomenal. It is an era when now we can dream
of a paperless world. The United Nations Commission on International Trade Law (UNCITRAL) adopted the
Model Law on e-commerce in 1996. The General Assembly of United Nations passed a resolution in January
1997 inter alia, recommending all States in the UN to give favourable considerations to the said Model Law,
which provides for recognition to electronic records and according it the same treatment like a paper
communication and record.

III CYBER CRIME

Cyber Crime is the darker side of technology. The term Cyber Crime finds no mention either in The
Information Technology Act 2000 or in any legislation of the Country. Cyber Crime is not different than the
traditional crime. The only difference is that in Cyber Crime the computer technology is involved. This can be
explained by following instance;
Traditional Theft : A thief enters in Bs house and steals an object kept in the house.
 Hacking : A Cyber Criminal sitting in his own house, through his computer hacks the
computer of B and steals the data saved in Bs computer without physically touching the computer or entering
in Bs house.

Hence Cyber Crime is a Computer related crime. The I.T. Act, 2000 defines the terms access in
computer network in section 2(a), computer in section 2(i), computer network in section (2j), data in section
2(0) and information in section 2(v). These are all the necessary ingredients that are useful to technically
understand the concept of Cyber Crime. In a cyber crime, computer or the data are the target or the object of
offence or a tool in committing some other offence. The definition of term computer elaborates that computer is
not only the computer or laptop on our tables, as per the definition computer means any electronic, magnetic,
optical or other high speed data processing devise of system which performs logical, arithmetic and memory
function by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing,
storage, computer software or communication facilities which are connected or related to the computer in a
computer system or computer network. Thus the definition is much wider to include mobile phones, automatic
washing machines, micro wave ovens etc...

IV PREAMBLE OF INFORMATION TECHNOLOGY ACT

The Preamble of the I. T. Act reflects the objectives with which The Government of India enacted The
Act. The objectives of the Act are;

1. To provide legal recognition for transactions carried out by means of electronic data interchange and
other means of electronic communication, commonly referred to as "electronic commerce", which
involve the use of alternatives to paper-based methods of communication and storage of information,
2. To facilitate electronic filing of documents with the Government agencies and further to amend the
Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the
Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.

The Information Technology Act, 2000, was thus passed as the Act No.21 of 2000. The I. T. Act got
President assent on 9th June 2000 and it was made effective from 17th October 2000. By adopting this Cyber
Legislation India became the 12th Nation in the world to adopt a Cyber Law regime during 2000.

V SILENT FEATURES OF INFORMATION TECHNOLOGY ACT

The silent features of the Act are;
The Act gives legal recognition of Electronic Documents.
The Act gives legal recognition of Digital Signatures.
It describes and elaborates Offenses, penalties and Contraventions.
It gives outline of the Justice Dispensation Systems for cyber crimes.
The Act also provides for the constitution of the Cyber Regulations Advisory Committee, which shall
advice the government as regards any rules, or for any other purpose connected with the said act.
The said Act also proposed to amend to; The Indian Penal Code, 1860, The Indian Evidence Act, 1872,
The Bankers' Books Evidence Act, 1891, The Reserve Bank of India Act, 1934 etc...

VI SCHEME OF THE INFORMATION TECHNOLOGY ACT

The I. T. Act is spread in total 13 chapters. There are total 90 sections, the last four sections namely
sections 91 to 94 in the I. T. Act 2000 dealt with the amendments to the Indian Penal Code 1860, The Indian
Evidence Act 1872, The Bankers Books Evidence Act 1891 and the Reserve Bank of India Act 1934 were
deleted. The I. T. Act commences with Preliminary aspect in Chapter 1, which deals with the short, title, extent,
commencement and application of the Act in Section 1. Section 2 provides Definition. Chapter 2 deals with
authentication of electronic records, digital signatures, electronic signatures etc. Thereafter elaborate procedures
for certifying authorities (for digital certificates as per IT Act -2000 and since replaced by electronic signatures
in the ITAA -2008) are been provided. Chapter XI deals with offences and penalties. A series of offences have
been provided along with punishment in this part of The Act. Thereafter the provisions about due diligence,
role of intermediaries and some miscellaneous provisions are been stated.
The Act is embedded with two schedules. The First Schedule deals with Documents or Transactions to
which the Act shall not apply. The Second Schedule deals with electronic signature or electronic authentication
technique and procedure. The Third and Fourth Schedule are omitted.

VII APPLICATION OF THE INFORMATION TECHNOLOGY ACT

As per Section 1 of The I. T. Act, the Act extends to the whole of India and except as otherwise
provided, it applies to also any offence or contravention there under committed outside India by any person. As
per sub clause (4) of Section 1, Nothing in this Act shall apply to documents or transactions specified in First
Schedule. As per this first schedule following are the documents or transactions to which the Act shall not
Apply;
1. Negotiable Instrument (Other than a cheque) as defined in section 13 of the Negotiable
Instruments Act, 1881;
2. A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;
3. A trust as defined in section 3 of the Indian Trusts Act, 1882;
4. A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any
other testamentary disposition;
5. Any contract for the sale or conveyance of immovable property or any interest in such
property;
6. Any such class of documents or transactions as may be notified by the Central Government

VIII DEFINATIONS
The I. T. Act, 2000 provides for following definition;

TABLE I
Section 2(a) Access Section 2(r) Electronic Form
Section 2(b) Addressee Section 2(s) Electronic Gazette
Section 2(c) Adjudicating Officer Section 2(t) Electronic Record
Section 2(d) Affixing Section 2(ta) Electronic Signature
Section 2(e) Appropriate Authority Section 2(tb) Electronic Signature Certificate
Section 2(f) Asymmetric Crypto System Section 2(u) Function
Section 2(g) Certifying Authority Section 2(ua) Indian Computer Emergency Response Team
Section 2(h) Certification Practice Statement Section 2(v) Information
Section 2(ha) Communication Device Section 2(w) Intermediary
Section 2(i) Computer Section 2(x) Key Pair
Section 2(j) Computer Network Section 2(y) Law
Section 2(k) Computer Resource Section 2(z) Licence
Section 2(l) Computer System Section 2(za) Originator
Section 2(m) Controller Section 2(zb) Prescribed
Section 2(n) Cyber Appellate Tribunal Section 2(zc) Private key
Section 2(na) Cyber Caf Section 2(zd) Public key
Section 2(nb) Cyber Security Section 2(ze) Secure system
Section 2(o) Data Section 2(zf) Security procedure
Section 2(p) Digital Signature Section 2(zg) Subscriber
Section 2(q) Digital Signature Certificate Section 2(zh) Verify

VIII AMENDMENT BROUGHT IN THE I. T. ACT BY AMENDMENT ACT OF 2008

Cyber Crime is a technology related offence. Technology is never static. It keeps on changing and
getting better and better. At the same time Cyber Criminals are exploiting this advanced technology to discover
sophisticated ways of committing crime. The Information Technology Act is the saviour in the nation to combat
cyber crimes. Thus as the criminals are keeping pace with the advancement in technology, it is equally
important for the Law to keep itself update with the recent trends in commission of crime and advancement in
technology. With the same intention the Amendment Act of 2008 brought sweeping changes in the old I. T.
Act. To overcome the lacuna of old I. T. Act, many bodies, teams of technical experts and advisory groups were
construed. They studied the cyber legislations in other foreign countries and recent trend in cyber crime
scenario. Their recommendations were scrutinized and the Parliament of India came up with Information
Technology Amendment Act 2008. It was placed in the Parliament and passed without much debate. This
Amendment Act got the nod of President 05th February 2009. The Amendments were made effective on 27th
October 2009.

IX HIGHLIGHTS OF THE AMENDMENT ACT, 2008

The newly amendment Act came with following highlights;
It focuses on privacy issues.
It focuses on Information Security.
It came with surveillance on Cyber Cases.
The Concept of Digital Signature was elaborated.
It clarified reasonable security practices for corporate.
Role of Intermediaries were focuses.
 It came with the Indian Computer Emergency Response Team.
New faces of Cyber Crime were added.
Powers were given to Inspector to investigate cyber crimes as against only to DSP.
Severe Punishments and fine were added.

X DIGITAL SIGNATURE TO ELECTRONIC SIGNATURE

The term Digital Signature was defined in the old I. T. Act, 2000. This term was replaced by
Electronic Signature by the amending Act of I. T. Act, 2008. Certainly the concept of Electronic Signature is
much wider than term Digital Signature. Section 3 of the Act provides for authentication of Electronic Records
by affixing his Digital Signature. It shall be effected by the use of asymmetric crypto system and hash function
which envelop and transform the initial electronic record into another electronic record. By the Amendment Act
of 2008 Section 3(A) was embedded in the Act. The newly added provision provides for authentication of
electronic record by electronic signature or electronic authentication technique which is, considered reliable and
may be specified in the second schedule. Sub Clause (2) provides the circumstances in which the electronic
signature or electronic authentication technique shall be considered reliable.
According to the United Nations Commission on International Trade Law (UNCITRAL)
electronic authentication and signature methods may be classified into the following categories;
1. Those based on the knowledge of the used or the recipient i.e passwords, personal identification
numbers (PINs) etc
2. Those bases on the physical features of the user i.e. biometrics.
3. Those based on the possession of an object by the user i.e. codes or other information stored on a
magnetic card.
4. Types of authentication and signature methods that, without falling under any of the above categories
might also be used to indicate the originator of an electronic communication (Such as a facsimile of a
handwritten signature, or a name typed at the bottom of an electronic message).

According to the UNCITRAL MODEL LAW on Electronic Signatures, technologies currently in use
include;
1. Digital Signature within a public key infrastructure (PKI)
2. Biometric Device.
3. PINs
4. Passwords
5. Scanned handwritten signature
6. Signature by Digital Pen
7. Clickable OK or I Accept or I Agree click boxes 1

XI ELECTRONIC GOVERNANCE
In this era of computer where every word is getting prefixed by word E, Government of India is also
not lacking behind and to provide its services to the citizens at their finger tips the Government is also turning in
E-Governance. E-Governance is nothing but providing Government Services cheaper, faster and efficiently to
the citizens through internet and computer. The Information Technology Act, 2000 gives recognition to the
Electronic Governance. Chapter III, Section 4 to Section 10-A, of the Act provides for the provisions regarding
Electronic Governance. Section 4 and 5 gives Legal Recognition to electronic records and electronic signatures.
Section 6 of the Act authenticates use of electronic record and electronic signatures in Government and its
agencies.
The aim electronic government is to ensure transparency in Government. It also makes the
Government accessible to the citizen residing in the most remote village of the country.

X OFFFENCES AND PENALITIES

Section 65 to Section 74 describes for offences and prescribes penalties for the offences. To
understand each of them, they are arranged in tabular form in Table 2. As per Section 77-B of the Act, the
offences punishable with imprisonment of three years and above shall be Cognizable. The offences punishable
with imprisonment of three years shall be Bailable. After the amendment of 2008, the power to investigate the
offence under this Act is with a Police Officer not below the rank of Inspector as per Section 78 of he Act.

TABLE II
Section Offence Punishment Bailability & Congizability

1
: Rohas Nagpal : E-commer Legal Issues
 Offence is Bailable,
Imprisonment upto 3 years or fine
Section 65 Tampering with Computer Source Code Cognizable and triable by
upto Rs. 2 lacks
Court of JMFC.
Offence is Bailable,
Imprisonment upto 3 years or fine
Section 66 Computer Related Offences Cognizable and triable by
upto Rs. 5 lacks
Court of JMFC
Offence is Bailable,
Sending offensive messages through Imprisonment upto 3 years and
Section 66-A Cognizable and triable by
Communication service, etc... fine
Court of JMFC
Offence is Bailable,
Dishonestly receiving stolen computer Imprisonment upto 3 years and/or
Section 66-B Cognizable and triable by
resource or communication device fine upto Rs. 1 lakh
Court of JMFC
Imprisonment of either Offence is Bailable,
Section 66-C Identity Theft description upto 3 years and/or Cognizable and triable by
fine upt Rs. 1 lakh Court of JMFC
Imprisonment of either Offence is Bailable,
Cheating by Personation by using
Section 66-D description upto 3 years and /or Cognizable and triable by
computer resource
fine upto Rs. 1 lakh Court of JMFC
Offence is Bailable,
Imprisonment upto 3 years and
Section 66-E Violation of Privacy Cognizable and triable by
/or fine upto Rs. 2 lakh
Court of JMFC
Offence is Non-Bailable,
Imprisonment extend to
Section 66-F Cyber Terrorism Cognizable and triable by
imprisonment for Life
Court of Sessions
On first Conviction imprisonment
upto 3 ears and/or fine upto Rs. 5
lakh Offence is Bailable,
Publishing or transmitting obscene
Section 67 Cognizable and triable by
material in electronic form
On Subsequent Conviction Court of JMFC
imprisonment upto 5 years and/or
fine upto Rs. 10 lakh
On first Conviction imprisonment
upto 5 ears and/or fine upto Rs.
Publishing or transmitting of material 10 lakh Offence is Non-Bailable,
Section 67-A containing sexually explicit act, etc... in Cognizable and triable by
electronic form On Subsequent Conviction Court of JMFC
imprisonment upto 7 years and/or
fine upto Rs. 10 lakh
On first Conviction imprisonment
of either description upto 5 years
and/or fine upto Rs. 10 lakh
Publishing or transmitting of material Offence is Non Bailable,
Section 67-B depicting children in sexually explicit Cognizable and triable by
On Subsequent Conviction
act etc., in electronic form Court of JMFC
imprisonment of either
description upto 7 years and/or
fine upto Rs. 10 lakh
Intermediary intentionally or knowingly
contravening the directions about Imprisonment upto 3 years and Offence is Bailable,
Section 67-C
Preservation and retention of fine Cognizable.
information
Failure to comply with the directions Imprisonment upto 2 years and/or Offence is Bailable, Non-
Section 68
given by Controller fine upto Rs. 1 lakh Cognizable.
Failure to assist the agency referred to
in sub section (3) in regard interception
Imprisonment upto 7 years and Offence is Non-Bailable,
Section 69 or monitoring or decryption of any
fine Cognizable.
information through any computer
resource
Failure of the intermediary to comply Imprisonment upto 7 years and Offence is Non-Bailable,
Section 69-A
with the direction issued for blocking fine Cognizable.
 for public access of any information
through any computer resource
Intermediary who intentionally or
knowingly contravenes the provisions
of sub-section (2) in regard monitor and Imprisonment upto 3 years and Offence is Bailable,
Section 69-B
collect traffic data or information fine Cognizable.
through any computer resource for
cyber security
Any person who secures acess or
attempts to secure access to the Imprisonment of either Offence is Non-Bailable,
Section 70
protected system in contravention of description upto 10 years and fine Cognizable.
provision of Sec. 70
Indian Computer Emergency Response
Team to serve as national agency for
incident response.
Imprisonment upto 1 year and/or Offence is Bailable, Non-
Section 70-B
Any service provider, intermediaries, fine upto Rs. 1 lakh Cognizable
data centres etc.. who fails to prove the
information called for or comply with
the direction issued by the ICERT.
Misrepresentation to the Controller to Imprisonment upto 2 years and/ Offence is Bailable, Non-
Section 71
the Certifying Authority or fine upto Rs. 1 lakh. Cognizable.
Imprisonment upto 2 years and/or Offence is Bailable, Non-
Section 72 Breach of Confidentiality and privacy
fine upto Rs. 1 lakh. Cognizable.
Disclosure of information in breach of Imprisonment upto 3 years and/or Offence is Cognizable,
Section 72-A
lawful contract fine upto Rs. 5 lakh. Bailable
Publishing electronic Signature Imprisonment upto 2 years and/or Offence is Bailable, Non-
Section 73
Certificate false in certain particulars fine upto Rs. 1 lakh Cognizable.
Imprisonment upto 2 years and/or Offence is Bailable, Non-
Section 74 Publication for fraudulent purpose
fine upt Rs. 1 lakh Cognizable.

XI COMPOUNDING OF OFFFENCES
As per Section 77-A of the I. T. Act, any Court of competent jurisdiction may compound offences,
other than offences for which the punishment for life or imprisonment for a term exceeding three years has been
provided under the Act.
No offence shall be compounded if;
1. The accused is, by reason of his previous conviction, is liable to either enhanced punishment or to the
punishment of different kind; OR
2. Offence affects the socio economic conditions of the country; OR
3. Offence has been committed against a child below the age of 18 years; OR
4. Offence has been committed against a woman.

The person accused of an offence under this Act may file an application for compounding in the Court
in which offence is pending for trial and the provisions of Sections 265-B and 265-C of Cr. P. C. Shall apply.

XII CONCLUSION
The Information Technology Act is the sole savior to combat cyber crime in nature. Though offences
where computer is either tool or target also falls under the Indian Penal Code and other legislation of the Nation,
but this Act is a special act to tackle the problem of Cyber Crime. The Act was sharpend by the Amendment
Act of 2008, yet the Act is still in its budding stage. There is grave underreporting of cyber crimes in the nation.
Cyber Crime is committed every now and then, but is hardly reported. The cases of cyber crime that reaches to
the Court of Law are therefore very few. There are practical difficulties in collecting, storing and appreciating
Digital Evidence. Thus the Act has miles to go and promises to keep of the victim of cyber crimes. To
conclude I would quote the words of noted cyber law expert in the nation and Supreme Court advocate Mr.
Pavan Duggal, While the lawmakers have to be complemented for their admirable work removing various
deficiencies in the Indian Cyberlaw and making it technologically neutral, yet it appears that there has been
a major mismatch between the expectation of the nation and the resultant effect of the amended legislation.
The most bizarre and startling aspect of the new amendments is that these amendments seek to make the
Indian cyberlaw a cyber crime friendly legislation; - a legislation that goes extremely soft on cyber criminals,
with a soft heart; a legislation that chooses to encourage cyber criminals by lessening the quantum of
punishment accorded to them under the existing law; .. a legislation which makes a majority of
cybercrimes stipulated under the IT Act as bailable offences; a legislation that is likely to pave way for India
to become the potential cyber crime capital of the world