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