1. Cyber Law in India
Mr. Rahul Kailas Bharati
Designation: Class I Gazetted Officer
Head and Assistant Professor in Law
Department of Law
Government Institute of Forensic Science, Aurangabad
Department of Higher and Technical Education,
Government of Maharashtra
Government Institute
of Forensic Science,
Aurangabad

2. Information Technology Act,
2000
Enacted on 17th October 2000- India
is 12th nation in the world to adopt
cyber laws.
IT Act is based on Model law on e-
commerce adopted by UNCITRAL.
 UNCITRAL = United Nation
commission on International Trade
Law

3. Structure of IT Act, 2000
Total 13 Chapters and 90 sections
 Sections 91 to 94 deal with the
amendments to the four Acts namely
Indian Penal Code 1860, The Indian
Evidence Act 1872, The Bankers’
Books Evidence Act 1891 and the
Reserve Bank of India Act 1934.
Section 91 to 94 omitted by
IT(Amendment) Act, 2008.

4. Objectives of passing India’s
Cyber Law (IT Act, 2000)
 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”.
• To facilitate electronic filing of documents
with Government agencies and E-Payments.
• To amend the Indian Penal Code, Indian
Evidence Act,1872, the Banker’s Books
Evidence Act 1891,Reserve Bank of India
Act ,1934

5. Arrangement of Chapters in IT
Act
 Chapter I : Preliminary Sections
 Chapter II : Digital Signature and
Electronic Signature Sec. 3& 3 A)
 Chapter III : Electronic Governance
(Secs.4 to 10 A)
 Chapter IV : Attribution,
Acknowledgment And dispatch of
electronic records (Secs.11 to 13)

6.  Chapter V : Secure electronic records
and electronic signature (Secs. 14 to
16)
 Chapter VI : Regulation of Certifying
authorities (Secs. 17 to 34)
 Chapter VII : Electronic Signature
Certificates (Secs. 35 to 39)
 Chapter VIII : Duties of Subscriber
(Secs. 35 to 39)
 Chapter IX : Penalties and
Adjudication (Secs. 43 to 47)

7.  Chapter X : The Appellate Tribunal
(Secs. 48 to 64)
 Chapter XI : Offences (Secs. 65 to 78)
 Chapter XII : Liability of Intermediaries
(Secs. 79) = Information Technology
(Intermediary Guidelines and Digital
Media Ethics Code) Rules, 2021
 Chapter XIIA : Examiner of Electronic
Evidence
 Chapter XIII : Miscellaneous (Secs. 80
to 90)

8. Cyber crime
 The term Cyber Crime refers to an
illegal act performed using Computer
as a means or end to perform a
violated act
 Also known as Computer crime
 Any offence or illegal act committed
using the electronic device is known
as cybercrime.

9. Reasons behind Cybercrime
 Make quick money
 Cause an individual to think what he/she
believes in
 Steal a person’s identity
 Deny the assess to previous regulatory
 Lack of reports and standards
 Utilize the technical framework, perform
illegal activities
 Proceed wrong prosecution against
authorized enquiry
 Make personal Identification highly
complex
 Restrict media coverage

10. Motives behind Cybercrimes

11. History of Cybercrime in India
 India witnessed more cyber security
threats and incidents.
 Approximately close to 27000 incidents
in the first half of 2017.
 As per the report by Indian Computer
Emergency Response Team ( CERT –
In),the number of cyber security
incidents is :-
 In 2014 – 44679,
In 2015 – 49455
In2016 – 50362
In 2017 - 53081

12. Evolution of Cyber Crime

13. Classification factors of
Cybercrimes

14. Cybercrimes against Persons

15. E-mail Spamming
• Email spamis also well-known as
junk email or Unsolicited Bulk Email
(UBE)
• Flooding the web with different
copies of similar messages is
known as spam.

16. Email Bombing
• Email Bombing occurs by
transmitting threatening emails
 It is characterized by a user
transmitting the huge volumes of email
to a target address resulting in victim’s
email account or mail server crashing.

17. Phishing
• A taskof extracting confidential
information by impersonating as
a legitimate activity
• It tries to fool people into parting with
their money by email spoofing.

18. Vishing
• Vishing is also known as Voice
Phishing
• It engages calls to victims by using
fake identity for fooling them
• Considers the call to be from
a trustworthy organization
• One mustbe cautious about
unsolicited mobile calls with
uncertainty
• Never make available any private

19. Cyber Stalking and Cyber
Defamation
•Cyber Stalking - utilization of the
web or the other electronic use
device to stalk someone
Cyber Defamation occurs when
defamation is achieved with help
of the computers or the Internet.

20. Cyber Squatting, Cyber
Vandalism and Cyber
Extortion
• Cyber squatting – illegal registration
of domain name and usage
• Vandalism – involves deliberate
destruction or damage to public or
private property
• Cyber Extortion – involves an attack
or threat coupled with a demand for
money or some other response in
return for stopping or remediating the
attack

21. Overview of Cyber Crimes

22. IT Amendment Act, 2008

23. IT Act (chapter XI ) : Offences
Three parts:
 Where computer
/server/communication device is
object/target.
(Secs.65,66,66F ,70)
Sec.65 . Tampering with computer
source documents.
Penalty : Imprisonment up to 3years or
fine up to two lakhs rupees or both.
Case : Syed Asifuddin v. State of A.P.,

24. Sec.66. Computer related offences
( Dishonest and fraudulent intension)
Includes destruction, damage, disruption,
denial, deletion, concealment, stealing
of information.
Examples : Cyber spying, Data theft,
Denial of Service Attacks (Dos),
Ramsomware, Virus attack.
Penalty : Imprisonment up to 3years or a
fine up to 5lakhs rupees or both.

25. Sec.66 F. Cyber Terrorism
Illegal Activities with the computer
resource with intent to threaten the
unity, integrity, security or sovereignty
of India
Penalty : Imprisonment for life.
Example : 26/11 attacks on Taj and
Trident Hotel.

26. Where crime is committed using a
computer / communication device
Three sub parts :
a) Offences affecting the human
body/person :
Sec.66 A. and Sec. 66 E (Added by
2008 Amendment Act)

27. Sec.66 A : Punishment for sending
offensive messages through
communication service
 Messages which are grossly offensive
sent through emails, SMS, blogs,
tweets.
Examples : cyber stalking, morphing of
images, unsolicited e-mails.
Penalty : 3 year imprisonment and with
fine.

28. Challenge to the Constitutionality
of Sec. 66A
Shreya Singhal v. Union of India,
2015
Supreme Court of India Struck down
Sec 66A as violative of Art. 19(1)(a) of
the Constitution of India on 24th March
2015.

29. Sec. 66 E. Punishment for violation
of privacy
Intentionally capturing , publishing or
transmitting pictures of private parts of
person without consent.
Examples : Installation of spy
cams/hidden cameras inside wash
rooms, bedrooms, changing rooms,
hotel rooms.
Penalty : Imprisonment up to 3 years or
fine not exceeding 2 lakh rupees or
both.

30. b) Offences affecting property
Sec.66 B, 66 C, 66 D.
 Sec.66B : Punishment for dishonestly
receiving stolen computer resource.
Sec.66C : Punishment for identity
theft (Fraudulently making use of
password)
Examples : phishing, data theft.
 Sec. 66D : Punishment for cheating
by personation

31. Examples of Sec. 66D :
Creation of clone website to capture
personal information, Intentionally
creating a fake profile on matrimonial
social networking sites with intention
to cheat that person.
Penalty for above three sections :
Imprisonment up to 3 years and fine up
to one lakh rupees.

32. c) Offences affecting Decency
and Morals
Sec.67, 67A , 67 B.
 Sec.67. punishment for publishing or
transmitting obscene material in
electronic form.
Penalty :
First conviction : 3 year imprisonment
with fine up to 5 lakh rupees .
Second Conviction : 5year
imprisonment and fine up to 10 lakh
rupees

33. Sec. 67 and Bazee Case.
Sec. 67 A : Punishment for publishing /
transmitting of material sexually explicit
act in electronic form.
Penalty :
First conviction : 5 years and fine may
extend to 10 lakh rupees.
Second conviction: 7years and fine may
extend to 10 lakh rupees.

34. Sec. 67 B. Punishment for publishing
or transmitting material depicting
children in sexually explicit act in
electronic form. (Child Pornography)
Penalty :
First Conviction : 5 years imprisonment
with fine up to 10 lakh rupees.
Second conviction : 7 years
imprisonment and fine up to 10 lakh
Rupees.

35. Common Cyber-crime scenarios and
Applicability of Legal Sections
Harassment via fake public profile on
social networking site
A fake profile of a person is created on a
social networking site with the correct
address, residential information or
contact details but he/she is labeled as
‘prostitute’ or a person of ‘loose
character’. This leads to harassment of
the victim.
Provisions Applicable:- Sections 67 of
IT Act and Section 509 of the Indian

36. Email Account Hacking
If victim’s email account is hacked and
obscene emails are sent to people in
victim’s address book.
Provisions Applicable:- Sections 43,
66, 66C, 67, 67A and 67B of IT Act.
Credit Card Fraud
Unsuspecting victims would use
infected computers to make online
transactions.
Provisions Applicable:- Sections 43,
66, 66C, 66D of IT Act and section 420

37. Web Defacement
The homepage of a website is
replaced with a pornographic or
defamatory page. Government sites
generally face the wrath of hackers on
symbolic days.
Provisions Applicable:- Sections 43
and 66 of IT Act and Sections 66F, 67
and 70 of IT Act also apply in some
cases.

38.  Introducing Viruses, Worms,
Backdoors, Rootkits, Trojans, Bugs
All of the above are some sort of
malicious programs which are used to
destroy or gain access to some
electronic information.
Provisions Applicable:- Sections 43,
66, 66A of IT Act and Section 426 of
Indian Penal Code.

39.  Cyber Pornography
Among the largest businesses on
Internet. Pornography may not be illegal
in many countries, but child pornography
is.
Provisions Applicable:- Sections 67, 67A
and 67B of the IT Act.
Phishing and Email Scams
Phishing involves fraudulently acquiring
sensitive information through
masquerading a site as a trusted entity.
(E.g. Passwords, credit card information)
Provisions Applicable:- Section 66, 66D
of IT Act and Section 420 of IPC

40.  Theft of Confidential Information
Many business organizations store
their confidential information in
computer systems. This information is
targeted by rivals, criminals and
disgruntled employees.
Provisions Applicable:- Sections 43,
66, 66B of IT Act and Section 426 of
Indian Penal Code.

41. Cyber Warfare
The use of computer technology to
disrupt the activities of a state or
organization, especially the deliberate
attacking of information systems for
strategic or military purposes.

42. Ecosystem of Cyber warfare
 Cyber Terrorism
 Cyber Fraud
 Cyber Spying
 Cyber Stalking

43. Cyber Security measures taken
by Indian Govt.
 National Cyber Policy in 2013
 Enactment of IT Act, 2000
 Setting up of CERT-In and National
Critical Information Infrastructure
Protection Centre (NCIIPC)
 Setting up National Cyber Coordination
Centre
 Implementing ''Information Security
Education and Awareness (ISEA)’ project
to train professionals / government
officials and create mass information
security awareness among citizens

44. Thank you