CYBER CRIME & CYBER LAWS

CONTENTS
 INTRODUCTION
 NEED FOR CYBER LAWS
 CYBER LAWS
 CYBER CRIMES
 OFFENCES AND LAWS IN CYBER SPACE
 CYBER LAWS AMENDMENTS
 CONCLUSION
INTRODUCTION
 What is Cyber Law?  Cyber law encompasses
 Cyber Law is the law laws relating to:
governing cyber space. Cyber
 1. Cyber Crimes
space is a very wide term and
includes computers, networks,  2. Electronic and Digital
software, data storage devices Signatures
(such as hard disks, USB disks
 3. Intellectual Property
etc), the Internet, websites,
emails and even electronic  4. Data Protection and
devices such as cell phones,
Privacy
ATM machines etc.
NEED FOR CYBER LAWS

 TACKLING CYBER
CRIMES

 INTELLECTUAL
PROPERTY RIGHTS
AND COPYRIGHTS
PROTECTION ACT
NEED FOR CYBER LAWS
 1. Cyberspace is an intangible
 3. Cyberspace handles gigantic
traffic volumes every second.
dimension that is impossible to Billions of emails are crisscrossing
govern and regulate using the globe even as we read this,
conventional law. millions of websites are being
 2. Cyberspace has complete accessed every minute and billions
disrespect for jurisdictional of dollars are electronically
boundaries. A person in India could transferred around the world by
banks every day.
break into a bank’s electronic vault
hosted on a computer in USA and
 4. Cyberspace is absolutely open to
participation by all. A ten year-old
transfer millions of Rupees to in Bhutan can have a live chat
another bank in Switzerland, all session with an eight year-old in
within minutes. All he would need is Bali without any regard for the
a laptop computer and a cell phone. distance or the anonymity between
them
COMPARSION B/W 10 COUNTRIES
COUNTRIES AFFECTED
CYBER LAWS IN INDIA
 IT ACT PASSED IN
2000
 INTERNET IN INDIA
 IMPLEMENTATION
OF CYBER LAW
 REASONS FOR
DELAY IN
IMPLEMENTATION
OF CYBER LAWS IN
INDIA
IT ACT 2000
 The primary source of cyber law in  The IT Act was amended by the
India is the Information Technology Negotiable Instruments
Act, 2000 (IT Act) which came into (Amendments and Miscellaneous
force on 17 October 2000. Provisions) Act, 2002. This
 The primary purpose of the Act is to introduced the concept of electronic
provide legal recognition to cheques and truncated cheques.
electronic commerce and to facilitate  Information Technology (Use of
filing of electronic records with the Electronic Records and Digital
Government. Signatures) Rules, 2004 has
 The IT Act also penalizes various provided the necessary legal
cyber crimes and provides strict framework for filing of documents
punishments (imprisonment terms with the Government as well as
upto 10 years and compensation up issue of licenses by the Government.
to Rs 1 crore).
CYBER CRIMES
 CYBER CRIMES AGAINST
PERSONS

 CYBER CRIMES AGAINST

PROPERTY

 CYBER CRIMES AGAINST

GOVERNMENT
 CYBER CRIMES

ALLAHABAD: As many as The data of National Crime Record

94 computer professionals Bureau (NCRB) revealed that UP
and hackers were arrested in had 18.1% share of cases reported
UP on charges of cyber fraud under cyber crime during 2014.
in 2014. In all, 1,223 people Moreover, majority of 898 cases
were arrested across the state lodged across the state under
under cyber crime act in Section 66 A of IT Act were
2014, which was more than computer related offences. A total
103.2% in comparison to of 1,042 cases were lodged under
2013. A total of 602 people Sections 66 A to 66 E.
were arrested in 2013.
CRIME THROUGH ORKUT
 Koushambi ,24-year
old software
professional working
for TCS was brutally
killed by
Manish Thakur, in a
hotel room at Andheri .
COMPARISION
PESTN IMPACTS
 INTERNET AND ITS EFFECT
 20% - 30% of Internet
pornography consumption is by
children of ages 12 - 17.

 MySpace is being used by

predators to meet and entice kids
online.
 Specificmarketing strategies are
being used to attract children to
porn sites.
PREVENTION TIPS
 Keep your computer current with the latest patches and
updates.

 Make sure your computer is configured securely.

 Choose strong passwords and keep them safe.

 Protect your computer with security software.

 Shield your personal information.

 Online offers that look too good to be true usually are.

 Review bank and credit card statements regularly.

OFFENCES AND LAWS IN CYBER
SPACE
 TAMPERING WITH
COMPUTER DOCUMENTS
 HACKING WITH
COMPUTER SYSTEM
 PUBLISHING OBSCENE
MATERIAL ON INTERNET
 BREACHING OF
CONFIDENTIALITY AND
PRIVACY
TAMPERING WITH COMPUTER
DOCUMENTS

 section 65 of IT Act 2000.  Tampering with computer

Tampering with computer source documents. –
source documents.

Explanation – For the purposes of this section,

“computer source code” means the listing of
programmes, compute commands, design and layout and
programme analysis of computer resource in any form.

Section 65 of the Act makes the tampering with

computer stores documents, punishable up to 3
years or with a fine of Rs.2 lakhs or with both
 HACKING WITH COMPUTER SYSTEM

 Bail under section-66 of IT  It is brought to notice that

Act , Hacking with the offence
Computer System under Sections 65 and66 of
the Information Technolog
y Act is bailable in view
Amendment of Section 77B of
offence punishable with the Information
imprisonment of three years Technology Act.
and above shall be cognizable
and the offence punishable
with imprisonment of three
years shall be bailable.
PUBLISHING OBSCENE MATERIAL ON
INTERNET

 Sections 67 and 67A: No  Whoever publishes or transmits or

nudity, please causes to be published or transmitted
in the electronic form any material
which contains sexually explicit act
 The large amounts of ‘obscene’ or conduct shall be punished on first
material that circulate on the conviction with imprisonment of
Internet have long attracted either description for a term which
comment in India. Not may extend to five years and with
surprisingly, then, in the same way fine which may extend to ten lakh
as obscenity is prohibited offline rupees and in the event of second or
in the country, so it is online as subsequent conviction with
well. The most important tools to imprisonment of either description
curtail it are sections 67 and 67A for a term which may extend to
of the IT Act, prohibiting obscene seven years and also with fine which
and sexually explicit material may extend to ten lakh rupees.
respectively.
BREACHING OF CONFIDENTIALITY AND
PRIVACY

 any person who, in pursuance of any

of the powers conferred under this
Act, rules or regulations made
thereunder, has secured access to
any electronic record, book, register,
correspondence, information,
document or other material without
the consent of the person concerned
discloses such electronic record,
book, register, correspondence,
information, document or other
material to any other person shall be
punished with imprisonment for a
term which may extend to two years,
or with fine which may extend to
one lakh rupees, or with both.
 CASE STUDY 1
 Xgen Networks Pvt Ltd provides Internet services to Robust Software
solutions.

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 Robust Software cleared all its monthly bills.

 Xgen had some billing issue and they barred the internet services to
Robust Software despite repeated reminders from Robust that their
bills were paid.

 Robust Software suffered tremendous loss due to the disrupted Internet

Services.

 What would you suggest Robust Software?

Sec 65 : Tampering with Computer Source documents.
Punishment – Imprisonment upto three years
or fine upto Rs 2 Lacs or both.

Sec 66 : Penalises any contravention u/s 43 if carried out with a

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fraudulent or dishonest motive
Punishment – Imprisonment upto three years
or fine upto Rs 5 Lacs or both.

Sec 66 A : Punishment for sending offensive messages through

communication service etc…
Requisites : offensive or menacing or false, or for the
purpose of annoyance, inconvenience, ill will etc…
Punishment – Imprisonment upto three
years and with fine.
 Sec 66 B : Punishment for dishonestly receiving stolen
computer/resource etc.

 Sec 66 C : Punishes identity theft (DSC, passwords, or such

unique identification.)

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 Sec 66 D : Punishes personating, by means of Computer
resource.

 Sec 66 E : Punishes violation of privacy rights.

 Sec 66 F : Punishes Cyber Terrorism

Sec 67A : Punishment for publishing or transmitting of material containing
sexually explicit act, etc.. In the electronic form.
Punishment :
1st conviction-Imprisonment upto 5 years and fine upto Rs 10 Lacs.
2nd conviction-Imprisonment upto 7 years and fine upto Rs 10 Lacs.

EXCEPTION

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Art, Science, literature or other interests of learning and other cases

Sec 67B : Punishment for publishing or transmitting of material depicting

children in sexually explicit act, etc.. In the electronic form. (Readwith
other sub rules)
Punishment :
1st conviction-Imprisonment upto 5 years and fine upto Rs 10 Lacs.
2nd conviction-Imprisonment upto 7 years and fine upto Rs 10 Lacs.

Sec 67C : Preservation & retention of information by intermediaries.

Punishment - Imprisonment upto three years and with fine.
 Sec 68 : Provision and punishment for violation of orders
from the Controller.

 Sec 69 : Powers of the Govt. to issue direction for

monitoring, intercepting or decrypting any information

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through any Computer Resource.
(Basically an administrative right of the Govt. and provides for
punishment to the violator, usually intermediaries who are incharge of such
database or are service providers.)

Sec 69 A powers for blocking of public access

Sec 69 B power to authorize monitor and collect traffic.
 Sec 71 : Penalty for Misrepresentation before the Controller or the
Certifying Authority
○ Punishment - Imprisonment upto 2 years or fine upto Rs. 1 Lac or both.

 Sec 72 : Penalty for breach of Confidentiality & privacy, the

provision applies to those persons who are empowered under this
Act with such a database or records.

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○ Punishment - Imprisonment upto 2 years or fine upto Rs. 1 Lac or both.

 Sec 72A : Penalty for disclosure of information in breach of

Lawful Contract –(an amendment to include even the employees
of private organisations or such intermediaries working therein)
○ Punishment - Imprisonment upto 3 years or fine upto Rs. 5 Lac or both.
 Sec 74 : Publication of Signature or signature certificates
for fraudulent purpose.
 Punishment - Imprisonment upto 2 years or fine upto Rs. 1 Lac or both.

 Sec 76 : provides for confiscation of any related computer

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accessory, system part etc if the same is believed to be used
in any violation of this Act or rules.
 Sec 77 B : Offences punishable with imprisonment upto 3
years to be bailable.

Sec 78 : Power to investigate offences now available to

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
Inspector, earlier the onus was on the DSP rank officer or
above.
 Sec 79 : Exemption of Intermediaries and service
providers if they establish that they have exercised due

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diligence on their part.

 An abusive provision for the ISP’s but often helpful !

 The 2009 notification makes it an offence to even abet or
attempt a cyber crime, earlier unsuccessful criminals always
escaped by virtue of this grey area.

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 Sec 84 B : Punishment for Abetment
○ Same punishment as prescribed for the offence

 Sec 84 C :Punishment for attempt

○ A maximum of one-half of the term of imprisonment provided for the
offence, or with fine as prescribed for the offence or with both.

 Sec 90: State Govt. has powers to make allied rules.

CYBER LAWS AMENDMENTS
 INDIAN PENAL CODE,1860

 INDIAN EVIDENCE ACT,1872

 BANKER’S BOOK EVIDENCE ACT,1891

 GENERAL CLAUSES ACT,1897

CONCLUSION
 CYBER LAWS_ ESSENTIAL FEATURE IN
TODAYS WORLD OF INTERNET

 ACHIEVING GLOBAL PEACE AND HARMONY

THANK YOU

 QUERIES WELCOMED