2. Need of Cyber Law
"The modern thief can steal more with a computer
than with a gun. Tomorrow's terrorist may be able to do
more damage with a keyboard than with a bomb".
National Research Council, U S A "Computers at
Risk”.1991
3. Need of Cyber Law
➢ Internet has dramatically changed Our life.
➢ Transition from paper to paperless world.
➢ Laws of real world can not be interpreted in the light
of emerging Cyberspace.
➢ Internet requires an enabling and supportive legal
infrastructure to tune with the times
4. Cyber Law ?
➢ Cyber Law is the law governing cyber space.
➢ Cyber space includes computers, networks, software's,
data storage devices (such as hard disks, USB disks etc),
the Internet, websites, emails and even electronic
devices such as cell phones, ATM machines etc.
5. Cyber Crime ?
➢ Any crime with the help of computer and
telecommunication technology.
➢ Any crime where either the computer is used
as an object or subject.
6. Categories of Cyber Crime
➢ Cybercrimes against persons.
➢ Cybercrimes against property.
➢ Cybercrimes against government.
8. IT Act-2000
➢ The Information Technology Act, 2000 (IT Act),
came into force on 17 October 2000.
➢ The primary purpose of the Act is to provide legal
recognition to electronic commerce and to facilitate
filing of electronic records with the Government.
➢ Information Technology Act 2000 consisted of
94 sections segregated into 13 chapters.
9. IT Act-2000 : Objectives
➢ To provide legal recognition for transactions
➢ To facilitate electronic filing of documents with
the Government agencies.
➢ To amend the Indian Penal Code, The Indian
Evidence Act, 1872, The Banker's Book Evidence
Act, 1891 and the Reserve Bank of India
Act, 1934.
➢ Aims to provide the legal framework to all
electronic records.
10. 10
Section 65
• Offence Name - Tampering with computer Source
documents.
• Description - 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 being in force.
• Penalty
Imprisonment up to three years, or/and with fine up
to 200,000
11. 11
Section 66
• Offence Name - Hacking with computer system
• Description - 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 500,000
12. 12
Section 66B
• Offence Name - Receiving stolen computer or communication
device
• Description - - A person receives or retains a computer
resource or communication device which is known to be
stolen or the person has reason to believe is stolen.
• Penalty
Imprisonment up to three years, or/and with fine up
to 100,000
13. 13
Section 66C
• Offence Name - Using password of another person
• Description - A person fradulently uses the password, digital
signature or other unique identification of another person.
• Penalty
Imprisonment up to three years, or/and with fine up
to 100,000
14. 14
Section 66D
• Offence Name - Cheating using computer resource
• Description - If a person cheats someone using a computer
resource or communication.
• Penalty
Imprisonment up to three years, or/and with fine up
to 100,000
15. 15
Section 66E
• Offence Name - Publishing private images of others
• Description - If a person captures, transmits or publishes
images of a person's private parts without his/her consent or
knowledge.
• Penalty
Imprisonment up to three years, or/and with fine up
to 200,000
16. SECTION 67C
• Offence Name - Failure to maintain records
• Description:Persons deemed as
intermediatary (such as an ISP) must maintain
required records for stipulated time. Failure is
an offence.
17. 17
Section 68
• Offence Name - Failure/refusal to comply with orders
• Description - 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
thereunder. 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 200,000
18. 18
Section 70
• Offence Name - Securing access or attempting to secure
access to a protected system
• Description - The appropriate Government may, by
notification in the Official Gazette, declare that any
computer, computer system or computer network to be a
protected system.The appropriate Government may, by order
in writing, authorise the persons who are authorised to
access protected systems. 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
19. 19
Section 71
• Offence Name - Misrepresentation
• Description - If anyone makes any misrepresentation
to, or suppresses any material fact from, the
Controller or the Certifying Authority for obtaining
any license or Digital Signature Certificate.
• Penalty
- Imprisonment up to three years, or/and with fine up
to 100,000
20. IT Act Amendment-2008
➢ The Information Technology Amendment Act, 2008
(IT Act 2008) has been passed by the parliament on
23rd December 2008.
➢ It received the assent of President of India on
5th February, 2009.
➢ The IT Act 2008 has been notified on October 27,
2009.
21. ➢ ITA-2008, is a new version of IT Act 2000.
➢ Provides additional focus on Information
Security.
➢ Added several new sections on offences
including Cyber Terrorism and Data
Protection.
➢ 124 sections and 14 chapters.
➢ Schedule I and II have been replaced &
Schedules III and IV are deleted.
IT Act Amendment-2008
22. ➢ We are living in highly digitalized world.
➢ All companies depend upon their computer
networks and keep their valuable data in electronic
form.
➢ Government forms including income tax returns,
company law forms etc are now filled in electronic
form.
➢ Consumers are increasingly using credit cards for
shopping.
➢ Even in "non-cyber crime" cases, important
Importance of Cyber Law