3. INTRODUCTION
Information Technology Act is the primary law in
India dealing with cybercrimes and electronic
commerce.
Act enacted by the parliament of India.
Date enacted 9 june,2000.
Date commenced 17 october,2000.
The bill was finalised by then Minister of IT ,
Promod mahajan.
Based on United Nations model law on electronic
commerce.
4. SUMMARY
IT Act,2000 contains 94 sections, divided in 13
chapters and 4 schedules.
Law applies to whole of India.
Persons of other nation can also be indicated
under the law ,if the crime involves a computer
or network located in India.
India – 12th country in the world to adopt it.
Regulates e-commerce, facilitates e-
governance and prevents cyber crimes.
5. OBJECTIVES
To provide legal recognitions to electronic
record and digital signature to enable
conclusion of contracts through electronic
medium.
To create civil and criminal liabilities for
contravention.
To promote usage of electronic records &
digital signatures in government offices and
agencies.
IT Act aims at amending various Indian Acts to
make them compatible with latest technologies
6. AMENDMENTS TO IT ACT
Focusing on data privacy.
Defining cyber cafe.
Defining reasonable security practices to be
followed by corporate.
Inclusion of additional cyber crimes like child
pornography and cyber terrorism.
Authorizing an inspector to investigate cyber
offences.
8. FACILITATING E-
GOVERNANCE
Section 4 provides legal recognition to electronic
records.
Section 5 confers legal recognition to digital
signatures.
Section 6 aims to promote use of electronic records
and digital signatures.
Section 7 allows retention of electronic records akin to
paper based records.
Publication of rules, regulations, bylaws, and
notifications in electronic gazette is legally recognised.
Railways has started the internet reservation facility.
Ministry of company affairs has launched its online
filing automated system.
10. CYBER CRIME SCENARIOS
Harassment via fake profile on social
networking site.
Online hate community.
Account hacking.
Credit card fraud.
Web defacement.
Cyber terrorism.
Source code theft.
Online sale of illegal articles.
11.
12. SECTION OFFENCES PENALTY
65 Tampering with computer
source documents Imprisonment up to three years, or/and with
fine up to ₹200,000
66 Hacking with computer
system
Imprisonment up to three years, or/and with
fine up to ₹500,000
66B Receiving stolen
computers or
communication device Imprisonment up to three years, or/and with
fine up to ₹100,000
66C Using password of
another person
Imprisonment up to three years, or/and with
fine up to ₹100,000
66D
Cheating using computer
resource
Imprisonment up to three years, or/and with
fine up to ₹100,000
66F Act of cyber terrorism Imprisonment up to life.
13. SECTIONS OFFENCE PENALTY
67B Predating children online Imprisonment up to five
years, or/and with fine up
to ₹1,000,000 on first
conviction. Imprisonment up
to seven years, or/and with
fine up to ₹1,000,000 on
second conviction.
67C Failure to maintain record Imprisonment up to three
years, or/and with fine.
68 Failure to comply with order Imprisonment up to three
years, or/and with fine up to
200,000.
43(A) Compensation for failure to
protect data
Imprisonment up to 3 years
or /and with fine.
71 Misrepresentation Imprisonment up to three
years, or/and with fine up
to ₹100,000
14. NOTABLE CASES
Mphasis BPO fraud 2005
Fake profile of president posted by imposter.
Bomb hoax mail.
Cyber terrorism-BSE and NSE.
1,17,000 cyber crime incidents were reported
from 2014 to 2017.
In 2017, around 53,000 incidents were
reported.
15. CONCLUSION
The law provides enabling legal framework
that should anybody commits any of these
cyber crimes, a case can be registered and if
appropriate, relevant electronic evidence is
produced then appropriate conviction can be
done.