Presentation on Indian IT Act 2000 for Cybersecurity Module Engineering

1. Presentation by :
Gautam GR

2. IT Act 2000
◦ An Act 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 Banker’s Books
Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith
or incidental thereto.
◦ The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9
May 2000.

3. ◦ Cyber law is the part of the overall legal system that deals with the internet, cyberspace, and their
respective legal issues. Cyber law covers a fairly broad area covering several subtopics including
freedom of expression, access to and usage of the internet, and online privacy. Generically, cyber law
is referred to as the Law of the Internet.
◦ This Act aims to provide the legal infrastructure for e-commerce in India. And the cyber laws have a
major impact for e-businesses and the new economy in India. So, it is important to understand what
are the various perspectives of the IT Act, 2000 and what it offers.
◦ The Information Technology Act, 2000 also aims to provide for the legal framework so that legal
sanctity is accorded to all electronic records and other activities carried out by electronic means. The
Act states that unless otherwise agreed, an acceptance of contract may be expressed by electronic
means of communication and the same shall have legal validity and enforceability.

4. Highlights of the Act :
Chapter I
stipulates that any subscriber may
authenticate an electronic record by
affixing his digital signature. It further
states that any person can verify an
electronic record by use of a public key of
the subscriber.
Chapter II
details about Electronic Governance and
provides inter alia amongst others that
where any law provides that information or
any other matter shall be in writing or in
the typewritten or printed form
Chapter III
details about Electronic Governance and
provides inter alia amongst others that where
any law provides that information or any other
matter shall be in writing or in the typewritten
or printed form
Chapter IV
gives a scheme for Regulation of
Certifying Authorities. The Act envisages a
Controller of Certifying Authorities who
shall perform the function of exercising
supervision over the activities of the
Certifying Authorities.
Chapter V
of the Act details about the scheme of
things relating to Digital Signature
Certificates. The duties of subscribers
are also enshrined in the said Act.

5. Offences and Penalties:
 Section 65 - Tampering with computer source documents :
If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to
conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or
computer network, when the computer source code is required to be kept or maintained by law for the time.
Penalty - Imprisonment up to three years, or/and with fine up to Rs.200,000
 Section 66 – Hacking with computer system
If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any
person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or
affects it injuriously by any means, commits hack.
Penalty - Imprisonment up to three years, or/and with fine up to Rs.500,000

6.  Section 67 - Publishing information which is obscene in e-form
If a person publishes or transmits or causes to be published in the electronic form, any material which is lascivious or
appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard
to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
Penalty - Imprisonment up to five years, or/and with fine up to RS 1,000,000
• Section 67A – Publishing images containing sexual acts
If a person publishes or transmits images containing a sexual explicit act or conduct.
Penalty- Imprisonment up to seven years, or/and with fine up to RS 1,000,000
• Section 67B – Publishing child porn or predating children online
If a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child
into a sexual act. A child is defined as anyone under 18.
Penalty- Imprisonment up to five years, or/and with fine up to RS 1,000,000 on first conviction. Imprisonment up to seven
years, or/and with fine up to RS 1,000,000 on second conviction.
• Section 67C - Failure to maintain records
Persons deemed as intermediary (such as an ISP) must maintain required records for stipulated time. Failure is an offence.
Penalty- Imprisonment up to three years, or/and with fine.

7.  Section 68 - Failure/refusal to comply with orders
The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or
cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions
of this Act, rules or any regulations made there under. Any person who fails to comply with any such order shall be guilty
of an offence.
Penalty- Imprisonment up to three years, or/and with fine up to RS 200,000
 Section 69 - Failure/refusal to decrypt data
If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of
India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the
commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the
Government to intercept any information transmitted through any computer resource
Penalty- Imprisonment up to seven years and possible fine.
 Section 70 - Securing access to a protected system
The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or
computer network to be a protected system. If a person who secures access or attempts to secure access to a protected
system, then he is committing an offence.
Penalty- Imprisonment up to ten years, or/and with fine.

8. Criticism:
◦ Section 66A and Restriction of Free Speech
From its establishment as an amendment to the original act in 2008, Section 66A attracted controversy over its
unconstitutional nature:
Section 66A - Publishing offensive, false or threatening information
◦ Any person who sends by any means of a computer resource any information that is grossly offensive or has a
menacing character; or any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three
years and with fine.
◦ In December 2012, P Rajeev, a Rajya Sabha member from Kerala, tried to pass a resolution seeking to amend the
Section 66A. He was supported by D. Bandyopadhyay, Gyan Prakash, Narendra Kumar Kashyap, Rama Chandra
Khuntia and Baishnab Charan Parida. P Rajeev pointed that cartoons and editorials allowed in traditional media, were
being censored in the new media. He also said that law was barely debated before being passed in December 2008.

10. Future Changes :
◦ On 2 April 2015, the Chief Minister of Maharashtra, Devendra Fadnavis revealed to the state assembly that a new
law was being framed to replace the repealed Section 66A. Fadnavis was replying to a query Shiv Sena leader
Neelam Gorhe. Gorhe had said that repeal of the law would encourage online miscreants and asked whether the
state government would frame a law to this regard. Fadnavis said that the previous law had resulted in no
convictions, so the law would be framed such that it would be strong and result in convictions.
◦ On 13 April 2015, it announced that the Ministry of Home Affairs would form a committee of officials from
the Intelligence Bureau, Central Bureau of Investigation, National Investigation Agency, Delhi Police and ministry
itself to produce a new legal framework. This step was reportedly taken after complaints from intelligence agencies
that, they were no longer able to counter online posts that involved national security matter or incite people to
commit an offence, such as online recruitment for ISIS. Former Minister of State with the Ministry of
Information Technology, Milind Deora has supported a new "unambiguous section to replace 66A"

11. Conclusion :
• Computers add a new dimension to
criminal law, presenting many issues
for law enforcement. At the front of
law enforcement concern is the
necessity to secure adequate
training to combat these crimes.
This requires additional resources.
• In some cases data are encrypted,
making it difficult for police
authorities to get the contents of
the information. Corporations may
fear the negative publicity that
might result as a consequence of
their systems being compromised.
• In many cases, unauthorized
computer access may go undetected
by the individual or entity whose
computer system had been invaded.
Though not all the peoples are
victims to cyber crimes but they are
still at risk.

12. THANK YOU!