DATA THEFT - INFORMATION

TECHNOLOGY ACT, 2000 (As Amended)

file:///.file/id=6571367.210
4625

SUBMITTED BY

SAHEJ ABROL - B001

SRISHTI CHADHA - B009
TARANUM KAUR - B030 file:///.file/id=6571367.210
MANIK SAJNANI - B048 4190
ANGAD SINGH - B052
JAHNAVI SRIVASTAVA - B060
 INFORMATION TECHNOLOGY ACT, 2000

The Information Technology Act, 2000 is an Act of the Indian

Parliament notified on 17th October 2000.

It is the primary law in India dealing with Cybercrime and

Electronic Commerce.

The Act provides legal framework for electronic governance by

giving recognition to electronic records and digital signatures
IT LEGISLATION IN INDIA
INFORMATION TECHNOLOGY ACT, 2000

The Government of India enacted its Information Technology Act 2000 with the
objectives stating officially as:

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, 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.
 WHAT DOES THE IT ACT DEAL WITH ?

Legal Recognition of Electronic Documents

Legal Recognition of Digital Signatures

Offenses and Contraventions

Justice Dispensation Systems for cyber

crimes
FEATURES OF THE IT ACT, 2008 (Amended)

Focussing on data privacy

Focussing on Information Security

Defining cyber caf

Making digital signature technology neutral

Defining reasonable security practices to be followed by corporate

Inclusion of some additional cyber crimes like child pornography and cyber terrorism

Authorizing an Inspector to investigate cyber offences (as against the DSP earlier)
ADVANTAGES OF THE IT ACT, 2008 (Amended)

Companies shall now be able to carry out electronic

commerce using the legal infrastructure provided by the
Act.

Digital signatures have been given legal validity and

sanction in the Act.

The Act throws open the doors for the entry of corporate
companies in the business of being Certifying Authorities
for issuing Digital Signatures Certificates.

The Act now allows Government to issue notification on

the web thus heralding e-governance.
ADVANTAGES OF THE IT ACT, 2008 (Amended)

The Act enables the companies to file any form, application or

any other document with any office, authority, body or agency
owned or controlled by the appropriate Government in electronic
form by means of such electronic form as may be prescribed by
the appropriate Government.

The IT Act also addresses the important issues of security, which

are so critical to the success of electronic transactions. The Act has
given a legal definition to the concept of secure digital signatures
that would be required to have been passed through a system of a
security procedure, as stipulated by the Government at a later
date.

Under the IT Act, 2000, it shall now be possible for corporates to

have a statutory remedy in case if anyone breaks into their
computer systems or network and causes damages or copies data.
The remedy provided by the Act is in the form of monetary
damages, not exceeding Rs. 1 crore.
Cybercrime in a narrow sense (computer crime): Any illegal behavior directed by means of electronic
operations that targets the security of computer systems and the data processed by them.

Cybercrime in a broader sense (computer-related crime): Any illegal behavior committed by means of, or in
relation to, a computer system or network, including such crimes as illegal possession and offering or
distributing information by means of a computer system or network.

Section 65

OFFENSE DESCRIPTION PENALTY

Tampering If a person intentionally conceals, destroys or alters any computer Imprisonment
with source code used for a computer, computer programme, up to three
computer computer system or computer network, when the computer years, or/and
source source code is required to be kept or maintained by law for the with fine up to
documents time being in force. 200,000

Related Case
Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh
Section 66

OFFENSE DESCRIPTION PENALTY

Hacking If a person with the intent to cause or knowing that he is likely to Imprisonment
with cause wrongful loss or damage to the public or any person up to three
computer destroys or deletes or alters any information residing in a years, or/and
system computer resource or diminishes its value or utility or affects it with fine up to
injuriously by any means, commits hack. 500,000

Related Case
Kumar v/s Whiteley
Section 66A

OFFENSE DESCRIPTION PENALTY

Publishing Any person who sends by any means of a computer resource any Imprisonment
offensive, information that is grossly offensive or has a menacing character; up to three
false or or any information which he knows to be false, but for the years, with fine.
threatening purpose of causing annoyance, inconvenience, danger,
information obstruction, insult shall be punishable with imprisonment for a
term which may extend to three years and with fine.

Related Case
Fake profile of President posted by imposter
Section 66B

OFFENSE DESCRIPTION PENALTY

Receiving A person receives or retains a computer resource or Imprisonment
stolen communication device which is known to be stolen or the person up to three
computer or has reason to believe is stolen. years, or/and
communicati with fine up to
on device 100,000

Related Case
Bomb Hoax mail
Section 66C

OFFENSE DESCRIPTION PENALTY

Using A person fraudulently uses the password, digital signature or Imprisonment
password of other unique identification of another person. up to three
another years, or/and
person with fine up to
100,000
Section 66D

OFFENSE DESCRIPTION PENALTY

Cheating If a person cheats someone using a computer resource or Imprisonment
using communication. up to three
computer years, or/and
resource with fine up to
100,000

Related Case
Sandeep Vaghese v/s State of Kerala
Section 66E

OFFENSE DESCRIPTION PENALTY

Publishing If a person captures, transmits or publishes images of a person's Imprisonment
private private parts without his/her consent or knowledge. up to three
images of years, or/and
others with fine up to
200,000

Related Case
Jawaharlal Nehru University MMS scandal
Section 66F

OFFENSE DESCRIPTION PENALTY

Acts of If a person denies access to an authorized personnel to a Imprisonment
cyber computer resource, accesses a protected system or introduces up to life.
terrorism contaminant into a system, with the intention of threatening the
unity, integrity, sovereignty or security of India, then he commits
cyber terrorism.

Related Case
Mumbai Police v/s Shahab MD
Section 67

OFFENSE DESCRIPTION PENALTY

Publishing If a person publishes or transmits or causes to be published in Imprisonment
information the electronic form, any material which is lascivious or appeals to up to five years,
which is the prurient interest or if its effect is such as to tend to deprave or/and with fine
obscene in and corrupt persons who are likely, having regard to all relevant up to
electronic circumstances, to read, see or hear the matter contained or 1,000,000
form. embodied in it.

Related Case
Yahoo Message group
Section 67A

OFFENSE DESCRIPTION PENALTY

Publishing If a person publishes or transmits images containing a sexual Imprisonment
images explicit act or conduct. up to seven
containing years, or/and
sexual acts with fine up to
1,000,000
Section 67B

OFFENSE DESCRIPTION PENALTY

Publishing If a person captures, publishes or transmits images Imprisonment up to five
child porn or of a child in a sexually explicit act or conduct. If a years, or/and with fine up to
predating person induces a child into a sexual act. A child is 1,000,000 on first
children defined as anyone under 18. conviction. Imprisonment up
online to seven years, or/and with
fine up to 1,000,000 on
second conviction.
Related Case
Janhit Manch & Ors. v. The Union of India
Section 68

OFFENSE DESCRIPTION PENALTY

Failure/refus The Controller may, by order, direct a Certifying Authority or any Imprisonment
al to comply employee of such Authority to take such measures or cease up to three
with orders carrying on such activities as specified in the order if those are years, or/and
necessary to ensure compliance with the provisions of this Act, with fine up to
rules or any regulations made thereunder. Any person who fails 200,000
to comply with any such order shall be guilty of an offence.
Section 69

OFFENSE DESCRIPTION PENALTY

Failure/refus If the Controller is satisfied that it is necessary or expedient so to Imprisonment
al to decrypt do in the interest of the sovereignty or integrity of India, for up to seven
data preventing incitement to the commission of any cognizable years and
offence, for reasons to be recorded in writing. The subscriber, possible fine.
when called upon by any agency which has been directed, must
extend all facilities and technical assistance to decrypt the
information. The subscriber or any person who fails to assist the
agency referred is deemed to have committed a crime.
Related Case
Lakshmana Kailash K
Section 70

OFFENSE DESCRIPTION PENALTY

Securing The appropriate Government may, by notification in the Official Imprisonment
access or Gazette, declare that any computer, computer system or computer up to ten
attempting network to be a protected system. years, or/and
to secure The appropriate Government may, by order in writing, authorize with fine.
access to a the persons who are authorized to access protected systems. If a
protected person who secures access or attempts to secure access to a
system protected system, then he is committing an offence.
Section 71

OFFENSE DESCRIPTION PENALTY

Misrepresent If anyone makes any misrepresentation to, or suppresses any Imprisonment
ation material fact from, the Controller or the Certifying Authority for up to three
obtaining any license or Digital Signature Certificate. years, or/and
with fine up to
100,000
CYBER-CRIME SCENARIOS
A fake profile of a person is created on a social
networking site with the correct address, Provisions
Harassment via fake
residential information or contact details but Applicable:-
public profile on social he/she is labelled as prostitute or a person of Sections 66A, 67
networking site loose character. This leads to harassment of of IT Act
the victim.

Provisions
Online hate community is created inciting a
Applicable:
Online Hate Community religious group to act or pass objectionable
remarks against a country, national figures etc. Section 66A of IT
Act

Provisions
Applicable:-
If victims email account is hacked and obscene emails
Email Account Hacking are sent to people in victims address book. Sections 43, 66,
66A, 66C, 67, 67A
and 67B of IT Act.
CYBER-CRIME SCENARIOS
Provisions
Unsuspecting victims would use infected Applicable:-
Credit Card Fraud
computers to make online transactions Sections 43, 66,
66C, 66D of IT Act

Provisions
Introducing Viruses,
All of the above are some sort of malicious Applicable:-
Worms, Backdoors, programs which are used to destroy or gain Sections 43, 66,
Rootkits, Trojans, Bugs access to some electronic information
66A of IT Act
Provisions
Applicable:-
The homepage of a website is replaced with a Sections 43 and
pornographic or defamatory page. 66 of IT Act and
Web Defacement Government sites generally face the wrath of
hackers on symbolic days. Sections 66F, 67
and 70 of IT Act
also apply in
CYBER-CRIME SCENARIOS
Provisions
Among the largest businesses on Internet. Applicable:-
Cyber Pornography Pornography may not be illegal in many Sections 67, 67A
countries, but child pornography is. and 67B of the IT
Act.
Provisions
Applicable:-
Online sale of illegal Where sale of narcotics, drugs weapons Generally
Articles and wildlife is facilitated by the Internet conventional laws
apply in these
cases
Provisions
Applicable:
Many terrorists are use virtual(GDrive, FTP Conventional
Cyber Terrorism sites) and physical storage media(USBs, terrorism laws
hard drives) for hiding information and may apply along
records of their illicit business. with Section 69
of IT Act
CYBER-CRIME SCENARIOS
Provisions
A Source code generally is the most
applicable:-
Source Code Theft coveted and important "crown jewel"
asset of a company Sections 43, 66,
66B of IT Act

Many business organizations store their Provisions

Theft of Confidential confidential information in computer systems. Applicable:-
Information This information is targeted by rivals, criminals Sections 43, 66,
and disgruntled employees. 66B of IT Act

Provisions
Phishing involves fraudulently acquiring
Phishing and Email Applicable:-
sensitive information through masquerading a
Scams Section 66, 66A
site as a trusted entity. (E.g. Passwords, credit
card information) and 66D of IT Act
CYBER-CRIME SCENARIOS
Provisions
Money launderers and people doing illegal
Tax Evasion and Money applicable:-
business activities hide their information
Laundering in virtual as well as physical activities Sections 43, 66,
66B of IT Act

It has become mandatory for investors to have Provisions

their demat accounts linked with their online
Online Share Trading Applicable:
banking accounts which are generally accessed
Fraud unauthorized, thereby leading to share trading Sections 43, 66,
frauds. 66C, 66D of IT Act