INFORMATION TECHNOLOGY ACT

2000, 2008 (AMENDMENTS)

INFORMATION TECHNOLOGY
ACT 2000, 2008 (AMENDMENTS)

INTRODUCTION
IT

Act 2000 is an act of the Indian

Parliament, enacted on 17th May 2000.
India is the second country in the world to
adopt cyber laws.
The primary law in India dealing with cyber
crime and electronic commerce.
Based on the United Nations Model Law on
Electronic Commerce(UNCITRAL Model)
1996.
Amended on 27th October 2009, known s IT
(amendment ) Act 2008.

PURPOSE
Mid

90s saw an impetus in

globalisation and computerisation.
Much of international trade took
place through the electronic
communication.
UNCITRAL adopted a Model Law on
e-commerce to recognise the
electronic records.
General Assembly of United Nations
passed a resolution in January 1997.

OBJECTIVE
To

provide legal recognition for

transactions carried out by electronic
commerce.
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,

APPLICABILITY

The act extends to whole of India.

It also applies to any offence or contravention committed by any person
outside India.
Exceptions:
Negotiable instrument (Other than a cheque) as defined in Negotiable
Instruments Act, 1881.
A power-of-attorney as defined in Powers-of-Attorney Act, 1882
A trust as defined in Indian Trusts Act, 1882.
A will as defined in Indian Succession Act, 1925 including any other
testamentary disposition.
Any contract for the sale or conveyance of immovable property or any
interest in such property.
Any such class of documents or transactions as may be notified by the
Central Government.

TYPES OF CYBER CRIMES

Cyber

terrorism
Cyber pornography
Defamation
Cyber stalking
Online gambling
Credit card frauds
Forgery
Email spoofing
Intellectual Property crimes-software piracy,
copyright infringement , etc
Sale of illegal articles narcotics, weapons.

CYBERCRIMES
CLASSIFICATION
Against

individuals.

Against

Organization (Govt/ Pvt firm/

Company).

Against

individual property.

Against

Society at large.

CYBER CRIME
PROVISIONS

Tampering with
PROVISIONS
computer source
documents (Sec65).

Hacking with
computer systems,
data alteration (Sec
66).
Publishing obscene
information (Sec 67).

3 years imprisonment
or 2 lakhs rupees fine
or both.

3 years imprisonment
PENALTY
or 5 lakhs rupees fine
or both.

First conviction:
3 years imprisonment
o 5 lakhs rupees fine
or both.
Second conviction:
5 years imprisonment
or 10 lakhs rupees
fine or both.

CYBER CRIME
PROVISIONS

Un-authorized
access to protected
systems (Sec70)

Breach of
confidentiality and
privacy (Sec 72).

Publishing false
digital signature
certificates (Sec73).

2 years
imprisonment or 1
lakh rupees fine or
both.

AMENDMENT OF IT ACT
2000
CRIMINAL PROVISIONS
(SEC 66)

Provisions has been

significantly changed.
Under ITAA 2008 all the
provisions of Sec 43 are
covered u/Sec. 66 if
they are done
dishonestly or
fraudently.
More provisions relating
to cybercrimes are been
added under ITAA 2008.

A new provision of
SECTION
66 (A)
Cyber Stalking.
Sending offensive or
false messages
through any
electronic
communication with
an intention to
deceive the other
party.
Punishment of
imprisonment up to 3
years or fine.

AMENDMENTS...
Dishonestly receiving
SECTION
66 (B)
any computer
resource or
communication
device.
Use of stolen
computers, mobile
phones, SIM cards,
etc.
Punishment of
imprisonment up to 3
years or fine up to 1
lakh or both.

SECTION 66 (C)

A new provision of
identity theft.
Dishonestly or fraudently
using someones
electronic signature,
password or any other
unique identification
feature .
Punishment of
imprisonment up to 3
years or fine up to 1 lakh
or both.

AMENDMENTS...
SECTION 66 (E)

A new provision of
Voyeurism.
Publishing or transmitting
any information which
interferes with or violates
the privacy of any person
without his/her consent.
Punishment of
imprisonment up to 3
years or fine up to 2 lakhs
or both.

SECTION 66 (F)

A new provision of Cyber

Terrorism.
Using of cyber space to
threaten the unity, integrity,
sovereignty of the nation.
Denying authorised person to
access a computer resource
or access to the same without
authorisation.
A computer contaminant(virus
or Trojan horse, etc) to cause
death, injury to any person.
Punishment of life time
imprisonment .

CYBER PORNOGRAPHY
SECTION 67

SECTION 67 (A)

Deals with publishing or

transmitting any obscene
material in electronic form.
ITAA 2008 includes child
pornography and retention of
records by intermediaries.
Case of state of Tamil Nadu v
Suhas Katti.
Punishment:
First conviction:
Imprisonment up to 3 years
and
fine up to 5 lakhs.

Second conviction:
Imprisonment up to 5 years and
fine up to 10 lakhs.

Publishing or transmitting
sexually explicit acts in
electronic form.
Contents of sec 67,
combined with the material
containing explicit sexually
acts attracts penalty under
this section.
Punishment:
First conviction:
Imprisonment up to 5 years.
Second conviction:
Imprisonment up to 7 years
and
fine up to 10 lakhs

CYBER PORNOGRAPHY
SECTION 67 (B)

Creating, collecting,
downloading, browsing,
etc of child pornography.
Abusing children online o
inducing children to online
relationships with one or
more children.
Punishment :
First conviction:
Imprisonment up to 5 years.
Second conviction:
Imprisonment up to 7 years
and
fine up to 10 lakhs

SECTION 67 (C)

Preservation of
information by
intermediaries.
Any information specified
by the government in a
specified manner should
be preserved by the
intermediary for a
specified duration.
Non-compliance is an
offence with an
imprisonment up to 3
years or fine .

FLIP SIDE OF ITA AND

ITAA
Awareness
Jurisdiction
Evidences
Non

coverage of many crimes

Legislations

in other nations.

INFORMATION SECURITY
Regulators and investigators

THANK YOU