it act 2000

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Objectives of the IT 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“
 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
 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.

IT Act 2000 Objectives
 Legal Recognition for E-Commerce
 Digital Signatures and Regulatory Regime
 Electronic Documents at par with paper documents
 E-Governance
 Electronic Filing of Documents
 Amend certain Acts
 Define Civil wrongs, Offences, punishments
 Investigation, Adjudication
 Appellate Regime

Definitions
 A total of 34 definition given in bare act
 Categorized into
 Digital Infrastructure
 Authorizing agency
 Documentation

Definitions ( section 2)
 "computer" means electronic, magnetic, optical or other high-speed
date processing device or system which performs logical, arithmetic
and memory functions by manipulations of electronic, magnetic or
optical impulses, and includes all
input, output, processing, storage, computer software or
communication facilities which are connected or relates to the
computer in a computer system or computer network;
 "computer network" means the inter-connection of one or more
computers through-
 (i) the use of satellite, microwave, terrestrial lime or other
communication media; and
 (ii) terminals or a complex consisting of two or more interconnected
computers whether or not the interconnection is continuously
maintained;

 "computer system" means a device or collection of devices, including
input and output support devices and excluding calculators which are
not programmable and capable being used in conjunction with
external files which contain computer programmes, electronic
instructions, input data and output data that performs logic,
arithmetic, data storage and retrieval, communication control and
other functions;
 "data" means a representation of information, knowledge, facts,
concepts or instruction which are being prepared or have been
prepared in a formalised manner, and is intended to be processed, is
being processed or has been processed in a computer system or
computer network, and may be in any form (including computer
printouts magnetic or optical storage media, punched cards, punched
tapes) or stored internally in the memory of the computer.

 "electronic record" means date, record or date generated, image or
sound stored, received or sent in an electronic form or micro film or
computer generated micro fiche;
 “secure system” means computer hardware, software, and
procedure that-
(a) are reasonably secure from unauthorized access and misuse;
(b) provide a reasonable level of reliability and correct operation;
(c) are reasonably suited to performing the intended function; and
(d) adhere to generally accepted security procedures
 “security procedure” means the security procedure prescribed by the
Central Government under the IT Act, 2000.
 secure electronic record – where any security procedure has been
applied to an electronic record at a specific point of time, then such
record shall be deemed to be a secure electronic record from such
point of time to the time of verification

 "Certifying Authority" means a person who has been granted a
licence to issue a Digital Signature Certificate
 "Controller" means the Controller of Certifying Authorities appointed
under sub-section (l) of section 17
 "Cyber Appellate Tribunal" means the Cyber Regulations Appellate
Tribunal established under sub-section (1) of section 48
 "Electronic Gazette" means the Official Gazette published in the
electronic form;
 "originator" means a person who sends, generates, stores or
transmits any electronic message or causes any electronic message
to be sent, generated, stored or transmitted to any other person but
does not include an intermediary;
 "subscriber" means a person in whose name the Digital Signature
Certificate is issued;

 "Act'' means the Information Technology Act, 2000; (21 of 2000);
 "Agent" means a person duly authorised by a party to present an
application or reply on its behalf before the Tribunal;
 "Application" means an application made to the Tribunal under
section 57;
 "Legal practitioner" shall have the same meaning as is assigned to it
in the Advocates Act, 1961 (25 of 1971):
 "Presiding OfficerRegistrar" means the R" means the Presiding
Officer of the Tribunal;
 “Registrar of the Tribunal” and includes any officer to whom the
powers and functions of the Registrar may be delegated;
 "Registry" means the Registry of the Tribunal;
 "Section" means a section of the Act;

 "affixing digital signature" means adoption of any methodology or
procedure by a person for the purpose of authenticating an electronic
record by means of digital signature;
 "digital signature" means authentication of any electronic record by a
subscriber by means of an electronic method or procedure ;
 "Digital Signature Certificate" means a Digital Signature Certificate
issued under subsection (4) of section 35;
 "electronic form" with reference to information means any
information generated, sent, received or stored in
media, magnetic, optical, computer memory, micro film, computer
generated micro fiche or similar device;
 "key pair", in an asymmetric crypto system, means a private key and
its mathematically related public key, which are so related that the
public key can verify a digital signature created by the private key;

Issue addressed
 Legal Recognition of Electronic Documents
 Legal recognition of Electronic Transaction /
Record
 Legal recognition of digital signature is at par
with the handwritten signature
 Electronic Communication by means of reliable
electronic record

Issue addressed
 Legal Recognition of Digital Signatures
 Acceptance of contract expressed by electronic means
 e-Commerce and Electronic Data interchange
 e-Governance
 Electronic filing of documents
 Retention of documents in electronic form
 Uniformity of rules, regulations and standards regarding
the authentication and integrity of electronic
records or documents
 Publication of official gazette in the electronic form
 Interception of any message transmitted in the
electronic or encrypted form

Issue addressed
 Offenses and Contraventions
 Prevention of Computer Crime, forged electronic
records, international alteration of electronic
records
fraud, forgery or falsification in e-Commerce and
electronic transaction.

Issue addressed
 Justice Dispensation Systems for
Cybercrimes
 Authorities
• Controller to certify the public keys of the
Certifying Authorities (CAs)
• Controller to act as repository of all digital
signature certificates
• Certifying Authorities to get Licence from the
Controller to issue digital signature .

REGULATION OF CERTIFYING AUTHORITIES
J
U
Govt. Of India Supreme Court D
I
C
I
Controller of A
Certifying High Court L
Authorities

S
Cyber Regulations T
Deputy Controllers R
Appellate Tribunal.
U
C
T
Assistant U
Officer R
Controllers
E
Regulation Structure


 Appointment of Controller and other
officers.
 The Central Government may, appoint a
Controller of Certifying Authorities
 The Deputy Controllers and Assistant Controllers
shall perform the functions assigned to them by
the Controller


 Functions of Controller.
 exercising supervision over the activities of the
Certifying Authorities
 certifying public keys of the Certifying
Authorities
 specifying the contents of written, printed or
visual materials and advertisements that may be
distributed or used in respect of a Digital
Signature Certificate and the public key
 resolving any conflict of interests between the
Certifying Authorities and the subscribers;

civil offences under the IT Act 2000
Sec Offence Punishment

43 Damage to Computer, Computer system etc. Compensation to the tune of Rs.1 crore to the affected person.

44(a) For failing to furnish any document, return on Penalty not exceeding one lakh and fifty thousand rupees for
report to the Controller or the Certifying each such failure.
Authority.
44(b) For failing to file any return or furnish any Penalty not exceeding five thousand rupees for every day
information or other document within the during which such failure continues.
prescribed time.
44(c) For not maintaining books of account or records. Penalty not exceeding ten thousand rupees for every day
during which the failure continues.
45 Offences for which no penalty is separately Compensation not exceeding twenty five thousand rupees to
provided. the affected person or a penalty not exceeding twenty five
thousand rupees.
65 Tampering with computer source documents. Imprisonment upto three years, or with fine which may extend
upto two lakh rupees, or with both.
66 Hacking with computer system with the intent or Imprisonment upto three years, or with fine which may extend
knowledge to cause wrongful loss. upto two lakh rupees, or with both.
66A For sending offensive messages through Imprisonment for a term which may extend to three years and
communication service etc. with fine.
66B For dishonestly receiving stolen computer Imprisonment of either description for a term which may
resource or communication device. extend to three years or with fine which may extend to rupees
one lakh or with both.

66D For cheating by personation by using computer Imprisonment of either description for a term which may
resource. extend to three years and shall also be liable to fine which may
extend to one lakh rupees.
66D For cheating by personation by using computer Imprisonment of either description for a term which may
resource. extend to three years and shall also be liable to fine which may
extend to one lakh rupees.
66E. For violation of privacy Imprisonment which may extend to three years or with fine not
exceeding two lakh rupees, or with both.
66F For cyber terrorism Imprisonment which may extend to imprisonment for life.
67 Publication of obscene material in an electronic Imprisonment upto 5 years and with fine which may extend to
form. one lakh rupees on first conviction and its double punishment
for second and subsequent convictions.
67A For publishing or transmitting of material Imprisonment upto 5 years and with fine which may extend to
containing sexually explicit act etc. in electronic ten lakh rupees and in the event of second or subsequent
form. conviction with imprisonment of either description for a term
which may extend to seven years and also with fine which may
extend to ten lakh rupees.
67B For publishing or transmitting of material Imprisonment upto five years and with fine which may extend
depicting children in sexually explicit act etc. in to ten lakh rupees and in the event of second or subsequent
electronic form. conviction with imprisonment of seven years and also with fine
which may extend to ten lakh rupees.
67C For preserving and retention of information by Imprisonment upto three years and also liable to fine.
Intermediaries.
68 For failing to comply with the directions of the Imprisonment upto 3 years and fine upto two lakhs, or both.


69 For failing to extend facilities to decrypt Imprisonment which may extend to seven years.
information which is against the interest
of sovereignty or integrity of India.
70 Securing or attempting to secure access Imprisonment which may extend to 10 years and fine.
to a protected system.
71 For misrepresentation or suppression of Imprisonment upto 2 years, or fine upto rupees one lakh or with
any material fact from the Controller or both.
the Certifying Authority.
72 For break of confidentiality and privacy Imprisonment upto two years or fine upto rupees one lakh, or
with both.
72A For disclosure of information in breach of Imprisonment upto three years or with fine upto five lakh
lawful contract. rupees or with both.
73 For publishing digital signature certificate Imprisonment upto two years or with fine which may extend to
false in certain particulars. one lakh rupees or with both.

74. Publication of Digital Signature Certificate Imprisonment upto two years or fine upto rupees one lakh.
for any fraudulent or unlawful purpose.

76 Any computer, computer system, Liable to confiscation.
floppies, compact disks, tape drives or
any other accessories related thereto
used for contravention of this Act, rules,
orders or regulations made thereunder.

civil offences under the IT Act 2000

• Unauthorised copying, extracting and downloading
of any data, database
• Unauthorised access to computer, computer system
or computer network
• Introduction of virus
• Damage to computer System and Computer Network
• Disruption of Computer, computer network
• Denial of access to authorised person to computer
• Providing assistance to any person to facilitate
unauthorised access to a computer
• Charging the service availed by a person to an account
of another person by tampering and manipulation of
other computer Section 44 of the IT Act provides for
penalty on failure to furnish information, return etc. to
the Controller by Certifying Authorities.

criminal offences
• Tampering with computer source documents
• Hacking with computer system
• Electronic forgery I.e. affixing of false digital
signature, making false electronic record
• Electronic forgery for the purpose of cheating
• Electronic forgery for the purpose of harming reputation
• Using a forged electronic record
• Publication of digital signature certificate for fraudulent
purpose
• Offences and contravention by companies
• Unauthorised access to protected system
• Confiscation of computer, network, etc.
• Publication of information which is obscene in electronic form
• Misrepresentation or suppressing of material facts for
obtaining Digital Signature Certificates
• Breach of confidentiality and Privacy
• Publishing false Digital Signature Certificate

Checklist Information security manager
 Establish information security forum
 Define scope of Management Information
System
 Risk assessment
 Division of threats of Information within
centralized and distributed systems

Checklist Information security manager
 IT security policy
 Formulate mission and goal
 Alignment to IT requirement
 Alignment to organizational policy
 Compliance with regulations and standards
 Security procedure & std of performance
 Formalize steps
 Standard operating procedure
 Define hierarchy of security and level of authority
 Practice
 Operationalize policy through execution of procedure
 Endpoint security problem
 IT security training
 Support for internal control ( behavioral, technical)
 Monitor system, enforcement of saction (rewards, penalties)

Pending Cases
 Indian Social Action ... vs The Union Of India on 16 September, 2011
 Booked under clause(r) of section 2 of the InformationTechnology Act, 2000
(21 of 2000) for misuse of medium, dismissed without any order as to costs.
 KARNAVATI SCHOOL OF DENTISTRY versus UNION OF INDIA 30
August, 2011
 Petitioner forwarded documents to start PG courses, ambiguous response
from Dental Council of India, followed by rejection.
 Respondent claimed that published documents were flawed
 Court found petitioner at mistake under under the Regulations as electronic
form as defined u/Sec.2(r), and dismissed without penalty


Pending Cases
 Case No.99/2008 under Section 66 of the IT Act also relates to purchase of
airline tickets in four transactions of Rs.7200/- each and is still under
investigation.
 Case No.29/2009 under Section 66(A) of the IT Act is regarding insult to the
complainant and hurt the integrity in her individual and professional capacity
and is still under investigation.
 Case No.Cr.No.131/10 under Section 379 IPC & 66(c), 66(d), 67(a) of the IT Act
is a complaint of hacking, theft and cheating. In this case the accused was
arrested on 16.4.2010 and the case is still under investigation.
 Case No.Cr.No.126/10 under Section 66(C) of the IT Act is a complaint filed
on 6.5.2010 by Ms.Sandhya Pandurang Naik stating that some unknown
accused person created false E-mail ID of the complainant lady as Sandhya
Naik @Gmau.com and thereby committed theft of e-mail. The case is under
investigation.
 Recent case of Jilted lover from Gandhidham creates fake Facebook profile,
just got arrested.

Pending Cases
 The Complaint in Cr.No.74/2009 relates to the Section 420 IPC read with
Section 66 of the IT Act,2000 where a false e-mail was sent directing the
complainant to deposit an amount of Rs.1,69,420/- as he has won the COCO
COLA contest of one lakh Pounds. On the investigation he was arrested at
Imphal East Manipal. This case is still under investigation.
 Similar complaint under Section 420 IPC read with Section 66 of IT Act,2000
was filed for depositing a sum of Rs.35000/- towards custom charges to Elite
Creative with PAN No.AMGPA2286A, ICICI Bank branch New Delhi. This case
is still under investigation.
 In the another complaint under Section 67 IT Act,2000, the complaint was
lodged when husband has transmitted SMS having vulgar and malicious text
on his wife’s mobile and the husband was arrested and was released on bail.
This case is still under investigation.
 Case No.72/2009 is under Section 66 of the IT Act,2000. In this complaint the
complainant complained that some unknown accused person gained access
without permission to the computer system of HDFC Bank and purchased
tickets for travel worth Rs.30,000/-. This case is still under investigation.

I.T laws in UK
 Various laws for different aspects of IT
requirement
 Much older and mature laws compared to
Indian
 Different laws for different region
 Scottish law has developed separately from English
criminal law
 Freedom of Information (Scotland) Act, 2002, differs
significantly from the UK FoI Act 2000
 Scottish, Welsh and Northern Ireland parliaments and
assemblies have some different law making powers

I.T laws in UK
 Copyright Act 1956
 Misrepresentation Act 1967 (Hardware)
 Sale of Goods Act 1979 (Hardware)
 Supply of Goods and Services Act 1982
(Software)
 Copyright (Computer Software)
Amendment Act 1985
 Computer Misuse Act 1990
 Data Protection Act(s) 1984 & 1998
 The Privacy and Electronic
Communications Regulations 2003 – EC
Directive

I.T laws in UK
Outlawing criminal behaviour and computer misuse
 Unlawful access to data and systems
 Hacking and viruses
 Criminal Damage Act 1971 was insufficient and replaced
 Computer Misuse Act 1990 is now in reform

 Unlawful data use and data publication
 Obscenity and pornography
 Obscene Publications Act 1959
 Protection of Children Act 1978

 Criminal Justice Act 1988 e.g. Harassment

 Telecommunications Act 1984

 Protection from Harassment Act 1997

ACE2159

References
 Information Technology ACT 2000
 CYBER APPELLATE TRIBUNAL
 Ministry of Communications & Information
Technology
 Asian School of Cyber Laws, Pune
 National Institute of Financial
Management
 Gujarat Police
 Archives from various courts
 University of SouthHampton, UK

“Justice that love gives is a
surrender, justice that law gives is
a punishment. “
-Mohandas Gandhi

it act 2000

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