2. Contents:-
1.Information Technology Act 2000
2.Objective of IT Legislation in India
3.Structure of IT Act
4.Section 66 of IT act
i. Section 66A
ii. Section 66B
iii. Section 66C
iv. Section 66D
v. Section 66E
vi. Section 66F
5.Conclusion
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3. Information Technology Act
2000
The Information Technology Act 2000 has been
substantially amended through the Information
Technology Act 2008 which was passed by the
two houses of the Indian Parliament on December
23, and 24, 2008. It got the Presidential assent on
February 5, 2009 and came into force on October
27, 2009. The amended Act has provided
additional focus on information security.
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4. OBJECTIVES OF IT
LEGISLATION IN INDIA
“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" .
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5. STRUCTURE OF IT ACT
.Information technology Act 2000 consisted
of 94 sections segregated into 13 chapters.
.In the 2008 version of the Act, there are
124 sections and 14 chapters.
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6. Section 66 of IT Act:-
“If any person, dishonestly, or fraudulently,
does any act referred to in section 43, he shall
be punishable with imprisonment for a term
which may extend to three years or with fine
which may extend to five lakh rupees or with
both.”
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7. 7
Related Case :-
.In this case the accused, N G Arun Kumar, the
techie from Bangalore gained unauthorized access to the Joint
Academic Network (JANET) and deleted, added files and changed
the passwords to deny access to the authorized users.
.The CBI had registered a cyber crime case against
Kumar and carried out investigations on the basis of a complaint by
the Press Information Bureau, Chennai, which detected the
unauthorised use of broadband Internet.
8. 8
Cont :
.The complaint also stated that the subscribers had
incurred a loss of Rs 38,248 due to Kumar’s wrongful act.
Verdict:-
The Additional Chief Metropolitan Magistrate, Egmore,
Chennai, sentenced the accused to undergo a rigorous
imprisonment for one year with a fine of Rs 5,000 Section 66 of
IT Act.
9. 9
Subsection of Section 66:-
Section 66A :–
“Punishment for sending offensive messages
through communication service.”
Punishment:-imprisonment for a term which may
extend to three years and with fine.
10. 10
Related Case :-
Fake profile of President posted by imposter
.On September 9, 2010, the imposter made a
fake profile in the name of the Hon’ble President Pratibha Devi
Patil.
.A complaint was made from Additional
Controller, President Household, President Secretariat regarding
the fake profiles created on Facebook.
.The First Information Report Under Section
66A Information Technology Act, 2000 was registered based on
the said complaint at the police station, the elite wing of Delhi
Police which specializes in investigating economic crimes
including cyber offences.
11. 11
Section 66B:-
“Punishment for dishonestly receiving stolen computer
resource or communication device.”
Punishment:-imprisonment for a term which may extend
to three years or with fine which may extend to rupees one lakh or
with both.
12. 12
Section 66C:-
“For identity theft i.e., fraudulently or dishonestly making
use of the electronic signature, password or any other
unique identification feature of any other person.”
Punishment:-imprisonment of either description for a term
which may extend to three years and shall also be liable to fine
which may extend to rupees one lakh.
13. 13
Related Case:-
.The CEO of an identity theft protection company,
Lifelock, Todd Davis's social security number was exposed by Matt
Lauer on NBC’s Today Show.
.Davis’ identity was used to obtain a $500 cash
advance loan.
14. 14
Section 66D :-
“Punishment for cheating by personation by using
computer resource.”
Punishment:-with imprisonment of either description
for a term which may extend to three years and shall also be liable
to fine which may extend to one lakh rupees.
15. 15
Related Case:-
. A complaint filed by the representative of a
Company, The company has a web-site in the name and and style
`www.jaypolychem.com' but, another web site
`www.jayplychem.org' was set up by the accused,Samdeep
Varghese @ Sam, (who was dismissed from the company).
.The Company suffered losses of several crores of
Rupees from producers, suppliers and customers and were unable
to do business.
16. 16
Section 66E:-
“For violation of privacy i.e., intentionally or knowingly
capturing, publishing or transmitting the image of a private
area of any person without his or her consent, violating the
privacy of that person,.”
Punishment:-imprisonment which may extend to three
years or with fine not exceeding two lakh rupees, or with both.
17. 17
Related Case:-
Jawaharlal Nehru University MMS scandal
.A pornographic MMS clip was apparently made
in the campus and transmitted outside the university.
. reports claimed that the two accused students
initially tried to extort money from the girl in the video but when
they failed the culprits put the video out on mobile phones, on the
internet and even sold it as a CD .
18. 18
Section 66F-
“For cyber terrorism i.e., intention to threaten the
unity, integrity, security or sovereignty of India or to strike
terror in the people or any section of the people.”
Punishment:-imprisonment which may extend to
imprisonment for life.
19. 19
Related case:-
.The Mumbai police have registered a case of ‘cyber
terrorism’ here a threat email was sent to the BSE and NSE .
. an email challenging the security agencies to
prevent a terror attack was sent by one Shahab Md with an ID
sh.itaiyeb125@yahoo.in to BSE’s administrative email ID
corp.relations@bseindia.com.
. The MRA Marg police have registered forgery for
purpose of cheating, criminal intimidation cases under the IPC
and a cyber-terrorism case under the IT Act.
20. 20
Conclusion:-
.Section 66A of the Information Technology
Act, “does not silence anyone”.
. You can always exercise your right to speak,
your freedom of speech and expression without offending
people