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Presentation By:
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;
Definitions ( section 2)
"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.
Definitions ( section 2)
"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
Definitions ( section 2)
"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;
Definitions ( section 2)
"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;
Definitions ( section 2)
"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
REGULATION OF CERTIFYING AUTHORITIES
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.
Sec Offence Punishment
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.
Sec Offence Punishment
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.
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