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Most of us are like overflowing cups - too full of opinions and prejudices.
To see the light of wisdom, we must empty our cup a little.

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Contents
1. Jurisprudence of Cyber Law ...................................................... 8

2. Overview of Computer & Web Technology ........................ 29

3. Introduction to Indian Cyber Law ......................................... 50

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4. Overview of General Laws and Procedures in India ... 106

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ONE

1. Jurisprudence of Cyber Law

Legal theory

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natural law theory

legal positivism

"......... for the sure and true interpretation of all

Statutes in general (be they penal or beneficial,
restrictive or enlarging of the common law) four
things are to be discerned and considered :-

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1st. What was the common law before the

making of the Act.,
2nd. What was the mischief and defect for which
the common law did not provide.,
3rd. What remedy the Parliament hath resolved
and appointed to cure the disease of the Common
wealth., and
4th. The true reason of the remedy; and then the
office of all the judges is always to make such
construction as shall suppress the mischief, and
advance the remedy, and to suppress subtle
inventions and evasions for continuance of the
mischief, and pro privato commodo, and to add
force and life to the cure and remedy, according
to the true intent of the makers of the Act, pro
bono publico".
Case law

Stare decisis
decisis et non quieta movere

Stare

Stare decisis

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There is nothing in our Constitution which

prevents us from departing from a previous
decision if we are convinced of its error and its
baneful effect on the general interests of the
public.

"Stare decisis is usually the wise policy, because

in most matters it is more important that the
applicable rule of law be settled right..... This is
commonly true even where the error is a matter
of serious concern, provided correction can be
had by legislation. But in cases involving the
Federal Constitution, where correction through
legislative action is practically impossible, this
Court has often overruled its earlier decisions.
The Court bows to the lessons of experience and
the force of better reasoning recognising that the
process of trial and error, so fruitful in the
physical sciences, is appropriate also in the
judicial function".

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"Their Lordships are unable to hold that this

proposition stated in such an extreme from is
established. It may well be said that the Board
would hesitate long before disturbing a solemn
decision by a previous Board, which raised an
identical or even a similar issue for
determination; but for the proposition that the
Board is, in all circumstances, bound to follow a
previous decision, as it were, blindfold, they are
unable to discover any adequate authority. In
other words, no inflexible rule, which falls in all
circumstances to be applied, has been laid down".
United States of America

Australia
"In my opinion, it is impossible to maintain an
abstract proposition that Court is either legally
or technically bound by previous decisions.
Indeed, it may, in a proper case, be its duty to
disregard them. But the rule should be applied
with great caution, and only when the previous

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decision is manifestly wrong, as, for instance, if it

proceeded upon the mistaken assumption of the
continuance of a repealed or expired Statute, or
is contrary to a decision of another Court which
this Court is bound to follow; not, I think, upon a
mere suggestion that some or all of the members
of the later Court might arrive at a different
conclusion if the matter was res integra.
Otherwise there would be grave danger of want
of continuity in the interpretation of law".

Article 141 of the Constitution of India

Civil Procedure, 1908

1973

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Code of
Code of Criminal Procedure,

Precedents which enunciate rules of law form the

foundation of administration of Justice under our
system. It has been held time and again that a
single Judge of a High Court is ordinarily bound
to accept as correct judgments of Courts of
coordinate jurisdiction and of Division Benches
and of the Full Benches of his Court and of this
Court. The reason of the rule which makes a
precedent binding lies in the desire to secure
uniformity and certainty in the law.

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1.1 What is Cyber Law?

law

cyber

cyberspace

definition of
cyber law

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Organisation for Economic Co-operation and Development

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17 |

Council of Europe

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Computer fraud

Computer forgery

Damage to computer data or computer programs

Computer sabotage

Unauthorized access

Unauthorized interception

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Unauthorized reproduction of a protected computer

program

Unauthorized reproduction of a topography

Alteration of computer data or computer programs

Computer espionage

Unauthorized use of a computer

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Unauthorized use of a protected computer program

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Convention on Cybercrime

USA

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The signatories to the Convention are: Albania, Armenia, Austria,

Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Moldova, Montenegro, Netherlands, Norway,
Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden,
Switzerland, the former Yugoslav Republic of Macedonia, Ukraine,
United Kingdom, Canada, Japan, South Africa, United States.

18

See Computer Crime: Criminal Justice Resource Manual published in

1989, downloadable from:

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China

http://www.eric.ed.gov/ERICWebPortal/contentdelivery/servlet/ERICSer
vlet?accno=ED332671
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Australia

Canada

Malaysia

Singapore

United Arab Emirates (UAE)

United Kingdom

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Japan

India

1.2 Need for Cyber Law

conventional crimes
are carried out using computers

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theft of data

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possession

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mobility

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TWO

2. Overview of Computer & Web Technology

Charles Babbage
Difference Engine

Analytical Engine

ADA

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standalone
network

Internet

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packet of information

electronic mail

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World Wide
Web

Internet browser

hyperlinks

2.1 IP Addresses

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decimal
format

static IP addresses
dynamic IP
addresses

Internet Corporation for

Assigned Names and Numbers

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logs
headers
records
records

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logs

spoofed
mask

faked
proxy
incorrect information

IPv4
IPv6

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2.2 Working of Email System

SMTP

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POP3

spoofed

faked

mask

2.3 Domain Name System

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proxy

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Important facts about domain names

not case sensitive
alphabets numbers
hyphens

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whois search

2.4 Blogs

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Important facts about blogs

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2.5 Peer to peer sharing

A non P2P network with the server in the center

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A P2P network

2.6 Evidence in Computer Devices

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Component

Description & uses

Potential Evidence
Computer-Created
Files

Other evidence

User-Created Files

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User-Protected Files

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User-Created Files

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User-Protected Files

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Additional Reference Material

1.

2.

3.

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THREE

3. Introduction to Indian Cyber Law

Year
2000

Development
1. Information Technology Act, 2000
2. Indian Penal Code, 1860
3. Indian Evidence Act, 1872
4 Bankers Book Evidence Act, 1879
5. Reserve Bank of India Act, 1934
6. Information Technology (Certifying Authorities)
Rules, 2000
7. Cyber Regulations Appellate Tribunal (Procedure)
Rules, 2000

2001

Information Technology (Certifying Authority)

Regulations, 2001

2002

1. Executive Order
2. Guidelines for submission of certificates and
certification revocation lists to the Controller of
Certifying Authorities for publishing in National
Repository of Digital Certificates
3. Information Technology (Removal of Difficulties)
Order, 2002

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4.
Negotiable Instruments (Amendments and
Miscellaneous Provisions) Act, 2002
2003

1. Information Technology (Qualification and

Experience of Adjudicating Officers and Manner of
Holding Enquiry) Rules, 2003
2. Cyber Regulations Appellate Tribunal (Salary,
Allowances and other terms and conditions of service of
Presiding Officer) Rules, 2003
3. Information Technology (Other powers of Civil Court
vested in Cyber Appellate Tribunal) Rules 2003
4. Information Technology (Other Standards) Rules,
2003
.
5.
Information Technology (Certifying Authorities)
Rules, 2000

2004

1. Information Technology (Use of Electronic Records

and Digital Signatures) Rules, 2004
2.
Information Technology (Security Procedure)
Rules, 2004
3.
Information Technology (Certifying Authorities)
Rules, 2000

2006

Information Technology (Certifying Authorities)

Rules, 2000

2009

1.

Information Technology (Amendment) Act, 2008

2. Information Technology (Procedure and Safeguards

for Interception, Monitoring and Decryption of
Information) Rules, 2009
3. Information Technology (Procedure and Safeguard
for Monitoring and Collecting Traffic Data or
Information) Rules, 2009
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4. Information Technology (Procedure and Safeguards

for Blocking for Access of Information by Public) Rules,
2009
5.
Cyber Appellate Tribunal (Salary, Allowances
and Other Terms and Conditions of Service of
Chairperson and Members) Rules, 2009
6. Cyber Appellate Tribunal (Procedure for
Investigation of Misbehaviour or Incapacity of
Chairperson and Members) Rules, 2009
Information Technology (Certifying Authorities)
Rules, 2000
2011

1. Information Technology (Reasonable security

practices and procedures and sensitive personal data or
information) Rules, 2011
2. Information Technology (Intermediaries guidelines)
Rules, 2011
3. Information Technology (Electronic Service Delivery)
Rules, 2011

3.1 Chronology of the Indian Cyber Law

2000
Technology Act, 2000
Technology Act

Information
Information
Information Technology Act

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Information Technology Act

Indian Penal Code

Technology Act

Information

Indian Evidence Act

Information Technology Act
Bankers Book
Information Technology Act

Evidence Act

Procedure Civil Procedure Code

Act

Code of Criminal
Information Technology

Reserve Bank of India Act

Information Technology Act
Information Technology (Certifying
Authorities) Rules, 2000

Cyber Regulations Appellate Tribunal (Procedure) Rules,

2000
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2001:
Information Technology (Certifying Authority) Regulations, 2001

Information Technology Act

2002:
Executive Order

Guidelines for submission of certificates and

certification revocation lists to the Controller of Certifying
Authorities for publishing in National Repository of Digital
Certificates
Information
Technology (Removal of Difficulties) Order, 2002
Information Technology Act
Negotiable Instruments (Amendments
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and

Miscellaneous

Provisions) Act, 2002

2003:
Information Technology (Qualification
and Experience of Adjudicating Officers and Manner of Holding
Enquiry) Rules, 2003

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Cyber Regulations Appellate Tribunal (Salary, Allowances

and other terms and conditions of service of Presiding Officer)
Rules, 2003

Information Technology (Other powers of Civil Court vested in

Cyber Appellate Tribunal) Rules 2003
Information Technology (Other Standards)
Rules, 2003

Information Technology (Certifying Authorities) Rules, 2000

2004:
Information Technology (Use of Electronic Records and Digital
Signatures) Rules, 2004
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Information Technology (Security Procedure) Rules, 2004

Information Technology (Certifying Authorities) Rules, 2000

2006:
Information Technology (Certifying Authorities) Rules, 2000
2009:
Information Technology (Amendment) Act, 2008
Information Technology Act

Information Technology (Procedure and Safeguards for

Interception, Monitoring and Decryption of Information) Rules,
2009.
Information Technology (Procedure and Safeguard for
Monitoring and Collecting Traffic Data or Information) Rules,
2009.
Information Technology (Procedure and Safeguards for
Blocking for Access of Information by Public) Rules, 2009.
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Cyber Appellate Tribunal (Salary, Allowances and Other

Terms and Conditions of Service of Chairperson and Members)
Rules, 2009
Cyber Appellate Tribunal (Procedure for Investigation of
Misbehaviour or Incapacity of Chairperson and Members) Rules,
2009
Information Technology (Certifying Authorities) Rules, 2000
2011
Information Technology (Reasonable security practices and
procedures and sensitive personal data or information) Rules,
2011
Information Technology (Intermediaries guidelines) Rules, 2011

Information Technology (Electronic Service Delivery) Rules, 2011

3.2 Information Technology Act, 2000

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electronic commerce
electronic filing of documents
amend

efficient delivery of Government services

Model Law on
Electronic Commerce

Electronic

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records:

Establishing

Certifying

of

Authorities:

Cyber crimes:

Special issues:

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authorities:

Administrative issues:

7. Amendments:

Extent and jurisdiction of the IT Act

(2) It shall extend to the whole of India

and, save as otherwise provided in this Act,
it applies also to any offence or
contravention thereunder committed
outside India by any person.
75. Act to apply for offence or
contravention committed outside India.
(1) Subject to the provisions of subsection (2), the provisions of this
Act shall apply also to any
offence
or
contravention
committed outside India by any
person irrespective of his
nationality.

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(2) For the purposes of sub-section

(1), this Act shall apply to an
offence
or
contravention
committed outside India by any
person if the act or conduct
constituting the offence or
contravention
involves
a
computer, computer system or
computer network located in
India.

Illustration:

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Applicability of the IT Act

1. a negotiable instrument (other than a cheque),

Illustration of a promissory note

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Illustration of a bill of exchange

cheque

cheque in the electronic form

truncated cheque
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cheque in the electronic form

Cheque Truncation

2. a power-of-attorney,

Illustration

3. a trust,

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Illustration

4. a will,

Codicil

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5. Any contract for the sale or conveyance of immovable

property or any interest in such property;
sale
Conveyance

Immovable property

6.

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class of documents or transactions

3.3 IT (Use of Electronic Records & Digital Signatures)

Rules, 2004

Cheques in electronic form

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3.4 IT (Certifying Authorities) Rules, 2000

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Information Technology (Certifying Authority) Regulations,

2001.
guidelines

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3.5 CRAT (Procedure) Rules, 2000

Cyber Regulations Appellate Tribunal

(Salary, Allowances and other terms and
conditions of service of Presiding Officer) Rules,
2003
Information Technology (Other powers of Civil
Court vested in Cyber Appellate Tribunal) Rules

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2003

3.6 Information Technology (Qualification and

Experience of Adjudicating Officers and Manner of
Holding Enquiry) Rules, 2003

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3.7 Order Relating to Blocking of Websites

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3.8 Indian Penal Code

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defamatory

3.9 Indian Evidence Act

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The relevant extract of section 464 of Indian Penal Code is: A person
is said to make a false document or false electronic recordFirstWho
dishonestly or fraudulently.(b) makes or transmits any electronic
record or part of any electronic record;.with the intention of causing it
to be believed that such electronic record ..was madeby the
authority of a person by whom .it was not made.

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3.10 Code of Criminal Procedure

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3.11 Bankers Books Evidence Act

bankers books

three certificates.

Note:
do not

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Bankers' books include ledgers, day-books, cash-books, account-books

and all other books used in the ordinary business of a bank. These can be
in paper form or printouts of data stored in bank computers.

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Illustration

Certificate u/s 2A(a) of the

Bankers Books Evidence Act

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Certificate u/s 2A(b) of the

Bankers Books Evidence Act

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Enclosed:
Certificate u/s 2A(c) of the
Bankers Books Evidence Act

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3.12 Relevant Authorities

1. Controller of Certifying Authorities

Certifying Authorities

investigation powers
direct a person to decrypt information

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2. Adjudicating Officers

The outline of the procedure is as under:

1.

2.

3.

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4.

5.

6.

7.
8.
9.
10.
11.

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3. Cyber Appellate Tribunal

Cyber Regulations Appellate Tribunal

(Salary, Allowances and other terms and
conditions of service of Presiding Officer) Rules,
2003
Information Technology (Other powers of Civil
Court vested in Cyber Appellate Tribunal) Rules
2003

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4. Police

5. Courts

3.13 Information Technology (Amendment) Act, 2008

electronic signature

upper limit for the

compensation
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section 43

negligence
security

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practices

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3.14 Key Terms and Concepts

"access" with its grammatical

variations
and
cognate
expressions means gaining entry
into,
instructing
or
communicating with the logical,
arithmetical, or memory function
resources of a computer,
computer system or computer
network;

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Grammatical variations
Cognate expressions

Gaining entry into

Illustration 1

89 |

Illustration 2

Instructing

Illustration 1

not instructed
Illustration 2

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Communicating with
Illustration

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"computer"
means
any
electronic, magnetic, optical or
other high-speed data 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 related to the
computer in a computer system
or computer network;

data processing device

electronic magnetic optical
logical
functions

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arithmetic

memory

electronic

Magnetic

optical computer

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Optical fibre

data processing device or system

functions

Logical functions

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Arithmetic functions

Memory functions
Input

facilities

Output facilities

Processing facilities

Storage facilities

Computer

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software

facilities

Communication facilities

Illustrations

Relevant Case Law

ATMs are not computers but
are electronic devices under the Karnataka
Sales Tax Act, 1957
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computer terminals

4%

basic tax

electronic goods
12% basic tax

the IT Act provided an enlarged definition of

"computers"
such a wide definition could not be used for
interpreting a taxation related law

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computer by itself
computer

ATM is not a
it is connected to a

Diebold Systems Pvt Ltd vs. Commissioner of

Commercial Taxes ILR 2005 KAR 2210, [2006]
144 STC 59(Kar)

data means a representation of

information, knowledge, facts,
concepts or instructions 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;

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Illustration

being
processed
processed
sought to be processed

99 |

Illustration

software

hardware
Illustration

executable
install

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run
the software
RAM
CPU

system software

Analogy

operating systems
device drivers

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application software

programming tools
compilers
linkers
utility software

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"computer system" means a

device or collection of devices,
including input and output
support devices and excluding
calculators which are not
programmable and capable of
being used in conjunction with
external files, which contain
computer programs, electronic
instructions, input data and
output data, that performs logic,
arithmetic, data storage and
retrieval, communication control
and other functions.

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Illustrations:

Internet

computer network means the inter-connection of one

or more computers or computer systems or
communication device through
(i)
the use of satellite, microwave, terrestrial
line, wire, wireless or other communication media; and
(ii) terminals or a complex consisting of two or
more inter-connected computers or communication
device whether or not the inter-connection is
continuously maintained

104 |

satellite

microwave

terrestrial line

other communication media

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FOUR

4. Overview of General Laws and Procedures in

India

4.1 Basic terms and concepts

legislation statute

law

Central
Acts

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Illustration:

State Acts

Preamble

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Definitions
provisions
punishments

intention

28

108 |

Illustration:

109 |

Illustration:

Illustration

110 |

Illustration

state of mind
rea
Illustration:

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mens

common intention

instigates

Illustration:

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person cannot be tried more than once for an

offence

Exception

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cognizable offence

simple

rigorous

Life imprisonment

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Compensatory

damages

Illustration

Consequential damages
Illustration

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3. Exemplary or punitive damages

Illustration

4. General damages

Illustration

116 |

4.2 Criminal Courts in India

Supreme Court

High Court

Sessions Court / District Court / Additional Sessions

Assistant Sessions Court

Chief Judicial Magistrate / Chief Metropolitan Magistrate

Metropolitan Magistrate / Judicial First Class Magistrate

Judicial Second Class Magistrate

117 |

4.3 Investigation and Trial of Criminal Cases

cognizable offence

118 |

Illustration:

Exception:

Note:

119 |

120 |

121 |

Illustration:

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References:

Websites Referred:

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