It Law Combined Lecture Notes 1 37

lOMoARcPSD|4652525
IT Law Combined - Lecture notes 1-37
Information Technology (Osmania University)
StuDocu is not sponsored or endorsed by any college or university

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)
lOMoARcPSD|4652525
OSMANIA UNIVERSITY
Information Technology Law
Combined Notes, All Units
What is Cyberspace?
 We have all seen that technology is a great level. Technology is abiding

every corner and aspect of human life at every level.
 They can manipulate electrical, magnetic, and optical impulses to perform
complex arithmetic, memory, and logical tasks. The power of a computer is
the power of all connected computers, called network-of-networks or the
Internet.
 Cyberspace is the dynamic and virtual space that forms such networks of
machine-clones. In other words, cyberspace is the web of consumer

lOMoARcPSD|4652525
electronics, computers and communication networks that connect the

world.
History of cyberspace
 In 1984, Wiliam Gibson published his science fiction book - Necromancer,

which describes the online world of computers and the elements of society
that use these computers. The term cyberspace first appeared in this book.
 In the book, a hacker from the database stole the data for a fee. The author
depicted cyberspace as a three-dimensional virtual landscape. Also, a
network of computers makes up this space.
 According to him, cyberspace resembled a physical space but was actually a
computer-made construction. In addition, it represents abstract data.
 The book caught the imagination of many authors and in 1986 the major
English-language dictionaries introduced the term 'p cyberspace'. According
to the New Oxford Dictionary of English, 'cyberspace' is a remarkable
environment in which people communicate over computer networks.
 Cyberspace does not have boundaries and or any kind of jurisdiction in
general, It only represents the mutual space between computers, systems
and other networks.
 It exists as bits and bytes - zeros and others (0 and 1). In fact, the entire
cyberspace is a dynamic environment of 0 and 1, which changes every
second. These are only electronic impulses. Furthermore, it is a
hypothetical place where words from two sides meet in conversation.

lOMoARcPSD|4652525
Cyberspace vs physical world
 First, cyberspace is a digital medium and not a physical location. It is an

interactive world and does not mimic the physical world. There are some
differences between cyberspace and the physical world:
 In a human brain, there are innumerable neurons that make up a specter of
life. Likewise, cyberspace represents millions of computers creating an
audience of digital life. Therefore, cyberspace is a natural extension of the
physical world into an infinite world.
Cyber security and cyber law
 As technology evolved, the need to regulate human behavior also evolved.

Cyber laws came into existence to ensure that people use technology and
avoid its misuse.
 If a person performs an act that violates a person's rights in cyberspace, it is
considered a cyberspace violation and punishable under the provisions of
cyber laws.
 Since cyberspace is completely separate from the physical world, traditional
laws are not applicable here. To secure the citizens, the government has
responsibility to secure its citizens against that.
 When the Internet was designed and developed, developers were unaware
that it would have the potential to grow to such an extent.
 Today, many people are using the Internet for illegal and immoral activities
that need regulation. Things like money laundering, identity theft, terrorism
etc. in cyberspace have created a need for stringent laws to enhance cyber
security.

lOMoARcPSD|4652525
 Additionally, many technically qualified criminals such as hackers interfere

with Internet accounts via domain name servers (DNS), IP addresses,
phishing etc. and gain unauthorized access to the user's computer system
and steal data.
 While there is no clear definition of cyber law, it is largely a legal subject
that derives from the development of technology, the innovation of
computers, the use of the internet and so on.
Cyber Law
 Cyber law eliminates legal issues that pertain to the communication,

information, technology, and distribution aspects of network information
technology and equipment.
 It is not as distinct as property law or other such laws as it covers many
areas of law and regulation. It includes statutory, statutory and
constitutional provisions that affect computers and networks.
 Furthermore, it concerns itself with individuals, and institutions that:
 Play an important role in providing access to cyberspace
 Build hardware or software that allows people to access cyberspace
 Use your own computer and enter cyberspace
 Cyber law is a general term referring to all legal and regulatory aspects of
the Internet. Everything related to or related to any legal aspects or to any
activity of citizens in cyberspace comes under the purview of cyber laws.
Currently, there are two main laws that ensure cyber security:
1. Indian Penal Code. 1860
2. Information Technology Act, 2000

lOMoARcPSD|4652525
Relation of Technology and Law
The relationship between law and technology creates two distinct areas for
discussion and debate, but the two are interconnected and no discussion is
complete without acknowledging the other. In any conversation on the future of
the legal profession, there should be a real consideration of the role that
technology takes in shaping and enhancing that future. Likewise, in any discussion
on technology it is necessary to consider proper acknowledgment and the legal
framework in which it operates.
The use of new technologies in law firms is similar to what is happening in the
wider business economy, where the emergence of new technologies, processes
and automation has brought exciting change and vast consumer and business
benefits, but also a new modern working structure. Colloquially referred to as the
gig economy, it is a way of working where temporary status prevails, freelance
work is standard and organization contracts with individuals on a short-term
basis.
Advocates argue that the gig economy provides boundless innovation and
empowers both workers and entrepreneurs, while critics suggest that it violates
the workforce and reduces workers' rights. New technologies present exciting
opportunities but they also present uncertainty. Companies can automate
processes efficiently, add needs more quickly and allow companies to have a
wider pool of 'workers' on standby, and we are on the verge of potentially
massive turmoil. Without careful consideration, individual rights can suffer
considerable loss.

lOMoARcPSD|4652525
As recent cases related to the gig economy such as Uber, Dewhurst v City Sprint
and now Pimico Plumbers are disappointing, the courts survive for the disparity of
bargaining power faced by individuals under these circumstances. The Law
Society has suggested that this is an area for reform and proposed that the
government conduct a comprehensive review and reappraisal to assess whether
current legal definitions of employment status fit for purpose Are.
Professor Jeremias Prasal of Oxford University, in his article, examined how

technology, existing law and practical measures could be used to solve many
social and legal problems created by new platforms and warned that 'we Be
careful that "disruptive innovation" is not in danger of becoming a code word for
breaking the law, by technology With Ra exploitation '. This article is part of a
report by LexisNexis, considering the gig economy and the implications for
attorneys and their clients, stating that the employment status of those working
in the gig economy is not only a way to advise affected individuals. It is a complex
issue, but employers also want to implement new work practices.
An echo of this situation is taken by Nigel Reim, Director of Drafting, Forms and
Predictions, LexisNexis: 'New technology is exciting, but we shouldn't let that
cloud the fact that we work in an industry built on people - we believe We will
reduce this situation. Successful deployment of any new technology 'He writes
LexisNexis report' for lawyers and robots? 'Which considers the questions facing
the legal industry regarding the adoption of new technology.
Lawyers and others in the legal industry need to engage with these issues or face
irrelevance to their clients. Clients (and attorneys) have high expectations of what
technology can deliver and this expectation is judged against their experience

lOMoARcPSD|4652525
given by large technology firms such as Google and Apple. Lawyers may well find
that they are acting very differently from their predecessors.

lOMoARcPSD|4652525
Jurisdiction in Cyberspace
Introduction
 Jurisdiction is not defined in the Code of Civil Procedure (hereinafter

referred to as CPC). In simple terms, it can be defined as the power of a
court to adjourn a case.
 Jurisdiction can be defined as the authority to formally constitute a legal
body for control over legally constituted matters, and to provide justice
within a specified place of control. It is also used to describe subject matter
or geographical area in which authority is expanded.
Jurisdiction
 In the case of Hriday Nath v. Ram Chandra, the Court has defined
jurisdiction as the right of courts to decide cases on the basis of their
judicial powers. The Indian judiciary has invoked the classical legal adage
"ubi jus ibi remedium" that where there is a right there is a remedy.
Therefore, jurisdiction is generally a lie in which wrongdoing is done.
 Section 9 of the Code of Civil Procedure describes the jurisdiction of a civil
court to entertain a civil suit unless it is implied or expressly prohibited.
Ganga Bai Vs. The situation was confirmed in the case of Vijay Kumar, in
which the court held that it is a "reasonable right" unless it is barred by a
statute. No authorization is necessary for the stability of the suit, if the
statute does not bar the suit. Sankaer Naryan Potti Vs. In the case of
Sridevi, the Supreme Court has interpreted Section 9 stating that unless the
jurisdiction is removed, expressly or implicitly, from a civil court, the court
has jurisdiction to try a civil dispute.

lOMoARcPSD|4652525
Civil nature
 The civil is not defines or mentioned properly. Any suit which is not criminal
in nature can be called a suit of civil nature. Any suit relating to the
determination and enforcement of civil rights can be defined as a civil suit.
Civil courts have "vested" jurisdiction to try a case unless a statute prohibits
it.
 Custodian General, the court elaborated on the concept of civil
proceedings. It was defined as the grant of private rights to individuals or
corporations of society. The purpose of the action is to compensate or
recover private rights. In other words, civil action can be explained as an
action between two parties for the enforcement or redress of a private
right. The burden of proof is on the claiming party to prove the exclusion of
jurisdiction.
Boycott of jurisdiction
 The general belief is that the civil court has jurisdiction to try the case. The
jurisdiction of the Court cannot be questioned unless it is expressly or
impliedly evicted. A.P. V. In the case of Majiti Laxmi Kanth Rao's state, the
apex court conducted a test to determine the exclusion of jurisdiction of
civil courts. First, the legislative intention to exclude the suit is to be
determined. It can be direct or implicit.
 The court must find out and deduce the reasons for the exclusion of civil
courts and its justification, but the justification is not open to judicial
scrutiny. After the court is satisfied with the reasons, the court must find

lOMoARcPSD|4652525
out whether the jurisdiction provides for an alternative remedy. The

alternative measure should prevent actions for civil courts, like the power
to pass orders. If no alternative remedy is available, the jurisdiction of the
Civil Court cannot be excluded.
 But this was governed in Balawa v. Hasanabi, with respect to a tribunal
created by a statute within the jurisdiction of the Civil Court only to the
extent that relief has been granted by the tribunal for consideration. In this
aspect, the Allahabad High Court has held in various judgments that the suit
is barred from the jurisdiction of the civil courts of cognizance of the entire
litigation.
 This means that for certain promises, in which certain parts are not tried by
a civil court due to implied or express exclusion, this does not mean that
the entire suit will be prohibited. Since other points of law are beyond the
scope of the tribunal or even though it is within the purview of the special
tribunal created under the Act, the jurisdiction of the civil court is not
barred as it can still pass judgment as it still has the inherent Have
jurisdiction entertain the suit.
 The position remains unclear as to whether Special Tribunals under the Act
can pass a decree in respect of that part of the suit in which the jurisdiction
of the Civil Court is excluded.
Plea of absence of jurisdiction
 In Kiran Singh v. Chaman Pawan, the scope for raising objection to

jurisdiction has increased. The court held that the objection petition could
be raised at any stage of the proceedings either at the stage of execution or

lOMoARcPSD|4652525
even in collateral proceedings. Building on the same lines, Chief Engineer

Hydel Project v. Ravinder Nath observed that the petition for objection to
jurisdiction should not be dismissed merely on the ground that it was not
taken up in the preliminary stages as the decree passed by the court under
jurisdiction The quorum was struck by the principle of non-justice.
 The plea of absence of jurisdiction can be raised at any stage of the
proceedings. However, this should only be allowed in the prima facie court
and not in subsequent appeals. If such pleas are allowed, it can be misused
by the appellants, who lose in the lower courts. For example, a losing party
in lower courts may plead the absence of jurisdiction in the High Courts,
even if that trial was initiated through its petition. This would be
inconsistent with the principles of natural justice and, therefore, injustice to
the opposite party. Thus, the petition should not be allowed to be raised at
the appellate level.
Types of jurisdiction
Arbitral jurisdiction
 Pecuniary means "related to wealth". It resolves the question of whether

the court is competent to try the case for the monetary value of the trial in
question. The code allows a case to be tried as long as the value of the suit
does not exceed the court's peculiar limit.
 Jurisdiction has an objective to curb the burden of cases. Different types of
courts are given different monetary limits for hearing cases based on the
evaluation of each suit. The range is dynamic.

lOMoARcPSD|4652525
 Section 15 of the Code directs the institute of suit in the lowest class court.
It refers to the exclusive jurisdiction of the civil court. It is a rule of
procedure and does not affect the jurisdiction of the court. Thus, the
decree passed by a highly hierarchical court is not void per se.
 The main purpose of defining peculiar jurisdiction is to prevent a high level
of court from being burdened and to facilitate the parties. Usually, the
court accepts the plaintiff's assessment. However, the court will intervene if
the assessment finds it incorrect. Like, Z wants to sue Y for breach of
contract. 5000 in Bombay. The Bombay High Court has original jurisdiction
and due to petty reasons the Court has a fine of Rs. 50000.
 In the case of Karan Singh v. Chaman Paswan, the plaintiff filed subordinate
court's Rs. Sued in 2950 But the court dismissed the case. The plaintiff's
appeal in the District Court was also dismissed. Later, his second appeal
was accepted by the High Court, but it ordered him to pay the amount of
the loss. With the assessment amended it came under the jurisdiction of
the subordinate judge, but the appeal would be directly to the High Court.
 The appellant argued that the decision of the District Court would be a
nullity, but the High Court dismissed the contention. Later, the appellant
approached the Supreme Court, which upheld the decision of the High
Court and held that the decision of the district court would not be void.

lOMoARcPSD|4652525
Territorial jurisdiction
 In such jurisdictions, the geographical extent of the court's authority is

demarcated. It cannot cross the territorial boundary. This is the extent of
the area to which the court's authority extends. In other words, it is the
territorial limit of the power of law or court.
 Further, Section 16 defines territorial jurisdiction based on the location of
immovable property. Harshad Chiman Lal Modi vs. DLF Universal Ltd. In this
case, the court interpreted section 16 that a suit relating to immovable
property should be purchased in a court where the residence is located.
The court where the property is not located has no powers to decide rights
in such property. However, the court can still pass a relief if the opposite
party agrees to prosecute in such a case.
 If the immovable property is situated within the jurisdiction of more than
one court, that suit may be instituted in the court where any part of the
property is located. However, in this case it is unclear as to which court has
jurisdiction over multiple courts, if the property is located, then any of the
court can entertain the suit with reasons recorded in writing.
 In lawsuits relating to wrongdoing (including compensation for such
wrongs) for movable property, the plaintiff may institute the suit either at
the place where the wrong was done or at the place where the defendant
resides, trades, acts. is. In a situation where a series of wrongful acts can be
made in comparison to the suit, it can be recorded at both locations. In a
case where the wrongdoing was done at one place and the result was
elsewhere, the plaintiff can file a claim at any place. For example, if Om, a

lOMoARcPSD|4652525
resident of Ayodhya, beats Harry in Mumbai, Harry may file a lawsuit in

Ayodhya or Mumbai.
Section 20 of the CPC covers cases not envisaged in the previous section. The
plaintiff is at liberty to prosecute at any of the following places:
 Place of occurrence wholly or partially,

 In which the defendant carries on or does his business or works or
 In the case of a number of defendants, any of which defendants conducts
their business or resides or works for profit.
For example, Lakshmana is a businessman in Mirzapur. Ram did business in Delhi.

Rama, through his agent, bought goods from Lakshmana in Mirzapur and asked
Lakshmana to give them to Namit. Laxman delivered the goods as required.
Laxman can sue Ram either for the prices in Mirzapur in which the cause of action
arose or in Delhi where the defendant resides. In another instance, in which
Bhrigu lives in Rampur, Sanat in Lakhanpur and Subhash lives in Calcutta. They all
agree to do business in Ahmedabad and have signed a contract with conditions.
Sanat and Bhrigu breached a condition in the contract in Ahmedabad. Subhash
resides in Ahmedabad or in Rampur where Bhrigu resides or Lakhanpur. Provided
that non-resident defendants in the case should not object.
The purpose of this section is to secure justice and protect the defendants from
unreasonable expenses of long distance travel in cases in which it may be
involved.

lOMoARcPSD|4652525
Subject jurisdiction
 Subject matter can be defined as the power vested in the court to hear and
try matters relating to a particular type and subject. This is related to the
nature of the claim. In other words, it means that some courts are excluded
from hearing cases of nature.
 No question of merit can be decided by the courts which do not have
subject jurisdiction. The court, in that case, can only decide on jurisdiction
and return the plaintiff. For example, Kavira, a resident of Raipur, bought a
ZZ brand food item that was infested with pests. He should sue ZZ Company
in Raipur District Forum instead of Raipur District Civil Court.
 Section 21 of the Code deals with the phase challenging the jurisdiction. In
the Harishh Chimaan Case, DLF Universal Limited and Anar, in cases of
territorial and peculiar jurisdiction, objections should be raised as soon as
possible before opportunity and issues are settled. However, with respect
to the jurisdiction of the subject matter, the court cannot take suit without
jurisdiction over the subject matter. Any order passed by such court shall
be void.
Original jurisdiction
 It refers to the right of the court to take cognizance of cases which may be
adjourned in those courts at first. Unlike appellate jurisdiction, where
courts review pre-decided cases, cases are heard afresh. For example, the
Madras High Court has original jurisdiction in relation to matrimonial,
probate, company matters and testament.

lOMoARcPSD|4652525
Appellate jurisdiction
 This refers to the authority of the court to review or rehabilitate cases

already decided in lower courts. It is generally awarded to the High Courts.
In the Indian context, both the High Court and the Supreme Court have
appellate jurisdiction to take cases purchased as appeals.
Critical Analysis of Cyberspace's Civil Jurisdiction
 With the advent of artificial intelligence, online transactions have

undergone massive diversion. These transactions can give rise to situations
such as "cyber torts". The Information Technology Act, 2000 was enacted to
provide a legal framework for such transactions. It aims to upgrade old laws
to deal with cyber love issues. It is mandatory to investigate the jurisdiction
of the then cyber.
 If the case costs Rs. Is less than that, then a Jurisdiction Officer is appointed.
5 crores rupees. The subject matter jurisdiction also rests with the adjacent
officer. But as already stated the economic jurisdiction is limited to Rs. 5
crores rupees.
 But territorial jurisdiction is not properly addressed in the Act. Although the
Act has a very well defined procedure so far, it fails to take cognizance of
the most essential part. It is difficult to decide whether it is borderless and
is spread over areas of any jurisdiction.
 As specific legislation, the IT Act fails to lay down the limits that we should
consider the common law i.e. CPC for help. In India, generally, civil
jurisdiction lies where wrong is done. It is based on the maximum range of

lOMoARcPSD|4652525
lex loci deliciti. While in a property suite, it is based on the law of lex situs
or physical location.
 Contrary to the traditional understanding of jurisdiction, cyber transactions
pose difficult circumstances to determine jurisdiction. It may happen that
there may be multiple jurisdictions related to the same suit. Enforcement
and implementation of foreign decrees is a major challenge. In order to
enforce the foreign decree, it must be the final order in respect of the
subjects and, therefore, should be mutually agreed between the parties.
 In relation to the provision stated above, it is implied that the foreign
decrees are binding provided that the said exceptions are taken into
consideration while postponing them.
 Also, if an individual or corporate has expressly accepted foreign
jurisdiction, such person or corporate is bound by its decision. Therefore,
cognizance of any internet transaction across the country can be taken. The
foreign decree passed against the Indian defendant is probably not
enforceable on the basis of the procedure laid down in Section 13 of the
CPC. It should be noted that the agitated party should approach the Indian
courts to obtain the foreign decree made under section 44A or to file an
entirely new suit on the decision of its enforcement.
 Thus, with a decree being obtained in a foreign court, the aggrieved party
presents the principal evidence in India, but faces major problems under
Section 13. Therefore, it can be said that if the foreign defendant is a
resident of India, he should file a claim in India. As internet transactions will
have a large amount of documentary evidence and there will not be the

lOMoARcPSD|4652525
burden of being the head of evidence. Therefore, it is suggested to take

care of the problems under Section 13 and institute claims in India.
 Now, on the contrary case, in which the aggrieved party is in India and the
defendant resides in a foreign jurisdiction, Section 19 of the CPC can be
dealt with. Section 19 allows the filing of a suit for loss of movable property
or wrong done to a person. The suit may be instituted at the place of
business or the place of residence of the defendant or at the place where
the wrong was done.
 As already stated in the part above, section 20 can be used to secure justice
as it is a broad provision to deal with the jurisdiction issues left in the above
sections. Section 45 of the CPC is expected to execute the decree passed by
Indian courts in foreign courts under certain conditions. So, it will help in
transferring the execution area from Indian jurisdiction to a foreign
jurisdiction.
 A certified copy of the decree from a foreign or superior court has to be
filed in the district court, then such decree will be treated as if it were
passed in India and the decree can be executed by the district court. Along
with the certified copy, another certificate has to record the extent to
which the decree has been satisfied.
 Section 47 governs the process of filing a certified copy and the district
court may refuse to execute the judgment if the execution falls under the
exception mentioned in subdivisions (a) of section 13. Therefore, the issue
of jurisdiction may be resolved by implementing CPC with IT Act, 2000.

lOMoARcPSD|4652525
The conclusion
 There is no proper judicial procedure laid down in any law other than CPC.
Cybermob’s jurisdiction issues often become a hindrance to the institution
of a civil suit. The universal nature of cyber laws has crossed geographical
boundaries and requires an external jurisdiction. Additionally, execution is a
complex process that appears to be fruitless with respect to extroverted
jurisdiction. However, the use of CPC can help resolve issues within the
jurisdiction of cyber law. It is suggested that CPC should be modified to
avoid complex application i.e. to simplify processes.

lOMoARcPSD|4652525
Aims and objectives of IT, ACT 2000
Information Technology Act, 2000
In 1996, the United Nations Commission on International Trade Law (UNCITRAL)

adopted the Model Law on Electronic Commerce (E-Commerce) to bring
uniformity in law in different countries.
In addition, the General Assembly of the United Nations recommended that all
countries should consider this model law before making changes to their own
laws. India became the 12th country to enable cyber law after passing the
Information Technology Act, 2000.
Information Technology Act, 2000
While the first draft was created by the Ministry of Commerce, Government of
India as the Ecommerce Act, 1998, it was remodeled as the Information
Technology Bill, 1999 ', and was passed in May 2000.
Objectives of the act
 The Information Technology Act, 2000 provides legal recognition for

transactions conducted through electronic exchange of data and other
electronic means of communication or electronic commerce transactions.
 It also includes the use of an alternative to a paper-based method of
communication and information storage to facilitate electronic filing with
government agencies.

lOMoARcPSD|4652525
 Further, the Act amended the Indian Penal Code 1860, the Indian Evidence
Act 1872, the Bankers Books Evidence Act 1891 and the Reserve Bank of
India Act 1934. Its Objectives are:
 Provide legal recognition to all transactions made by data or other
electronic means of communication or electronic means of e-commerce in
place of the earlier paper-based method of communication.
 Legal recognition of digital signature for authentication requiring legal
authentication of any information or case
 Electronic filing facility with government agencies and departments
 Electronic storage facilities
 Provide legal approval and facilitate electronic transfer of funds between
banks and financial institutions
 To provide legal recognition to bankers under the Evidence Act, 1891 and
Reserve Bank of India Act, 1934 for keeping books of accounts in electronic
form.
Features of Information Technology Act, 2000
 All Electronically online made contracts are also binding

 Legal recognition for digital signature.
 Security measures are in place for electronic records and digital signatures
 A procedure has been finalized for appointment of Assistant Officers for
conducting inquiries under the Act.
 Provision for establishment of a Cyber Regulatory Appeal Tribunal under
the Act. Further, this tribunal will handle all appeals made against the order
of the Comptroller or Assistant Officer.

lOMoARcPSD|4652525
 Appeal against the order of the Cyber Appeal Tribunal is possible only in the
High Court
 The digital signature will use an asymmetric crypto system and a hash
function
 Provision for appointment of Certification Authorities of Certification
Authorities (CCA) to license and regulate the functioning of Certifying
Authorities. The controller acts as a repository of all digital signatures.
 This Act applies to offenses or violations committed outside India.
 Senior police officers and other officers can enter any public place and
search and arrest without warrant.
 Provisions for constitution of a Cyber Regulations Advisory Committee to
advise the Central Government and the Controller.
Applicability and non-applicability of the Act
Applicability
 According to Section 1 (2), the Act extends to the entire country, including
Jammu and Kashmir. To include Jammu and Kashmir, the Act uses Article
253 of the Constitution. Furthermore, it does not take into account
citizenship and provides additional jurisdiction.
 Section 1 (2) along with Section 75 specifies that the Act is applicable to any
offense or violation committed outside India. If the conduct of the person
committing the offense involves a computer located in India or a
computerized system or network, the person is punishable under the Act,
irrespective of his nationality.
Lack of international cooperation is the only limitation of this provision.

lOMoARcPSD|4652525
Non applicability
As per Section 1 (4) of the Information Technology Act, 2000, the Act is not
applicable to the following documents:
 Execution of Negotiable Instruments under Negotiable Instruments Act,

1881 other than checks.
 Execution of Power of Attorney under the Power of Attorney Act, 1882.
 Creation of trust under the Indian Trust Act, 1882.
 Execution of a will under the Indian Succession Act, 1925 involving any
other testament dispute
 Call by whatever name.
 Entering into a contract for the sale of real estate or the message of any
interest in such property.
 Any such class of documents or transactions may be notified by the Central
Government in the Gazette.
Establishment of Cyber Appellate Tribunal (Section 48)
 The Central Government notifies and establishes an Appellate Tribunal

called the Cyber Regulations Appellate Tribunal.
 The Central Government also specifies in the notification all matters and
places which fall under the jurisdiction of the Tribunal.

lOMoARcPSD|4652525
Creation of Cyber Appeal Tribunal (Section 49)
The central government appoints only one person to the tribunal - the presiding
officer of the Cyber Appellate Tribunal.
Appellate Tribunal
Qualification for appointment as Presiding Officer of Cyber Appellate Tribunal

(Section 50)
A person is considered eligible for appointment if he is a Presiding Officer of the

Tribunal -
 He has the qualification of High Court Judge

 He is or is a member of the Indian Legal Service and has held a grade I
position for at least three years.
Term of office (Section 51)
The term of office of the Presiding Officer of a Cyber Appellate Tribunal is five
years from the date of entering the office or till he attains the age of 65 years,
whichever is earlier.
Filling up of vacancies (Section 53)
If there is a vacancy in the Tribunal, other than temporary absence due to any
other reason, the Central Government hires another person as per the Act to fill
the vacancy. Further, proceedings before the tribunal continue from the stage at
which the post is filled.

lOMoARcPSD|4652525
Resignation and Expulsion (Section 54)
 The Presiding Officer may resign from his office after sending a notice in
writing to the Central Government:
 Unless the Central Government receives such information, he shall hold
office until the end of his three-month term (unless the Government
permits him to leave his office), or
 He holds office until the appointment of a successor, or
 Until the end of his office; whichever is earlier.
 In case of misconduct or incapacity, the Central Government may pass an
order to remove the Presiding Officer of the Cyber Appellate Tribunal.
However, this is only when the Supreme Court judge conducts an inquiry
where the Presiding Officer is aware of the charges against him and gets a
fair chance to defend.
 The Central Government may regulate the procedure for investigation of
misbehavior or incapacity of the Presiding Officer.
 The orders constituting the Appellate Tribunal shall be final and shall not
invalidate its proceedings (Section 55).
 According to this section, no order of the Central Government appointing
any person as the Presiding Officer of the Tribunal can be questioned in any
manner. Further, no one can question any proceedings before the Cyber
Appellate Tribunal on the basis of any defect in the constitution of the
Tribunal.

lOMoARcPSD|4652525
Appeal to Cyber Appellate Tribunal (Section 57)
 Subject to the provisions of sub-section (2), a person who is not satisfied

with the order of the Comptroller or Assistant Officer can appeal the case
to the Cyber Appellate Tribunal.
 The Cyber Appellate Tribunal will not have any appeal from the order made
with any officer
Consent of the parties.
The person filing the appeal must do so within 25 days from the date of receipt of
the order from the Comptroller or Assistant Officer. In addition, he must appeal
with the prescribed fees. However, if the Tribunal is satisfied with the reasons
behind the delay in filing the appeal, it can entertain it even after the expiry of 25
days.
On receiving an appeal under sub-section (1), the tribunal gives an opportunity to

all parties to make an appeal before passing an order.
The Cyber Appellate Tribunal sends a copy of every order made to all parties to
the appeal and the concerned Comptroller or Assistant Officer.

lOMoARcPSD|4652525
The tribunal tries to deal expeditiously with the appeals received under sub-
section (1). It also seeks to dispose of the appeal until finally within six months of
receiving it.
Procedure and powers of Cyber Appellate Tribunal (Section 58)
The Code of Civil Procedure, 1908 is not bound by the Cyber Appellate Tribunal.
However, the principles of natural justice dictate it and it is subject to other
provisions of the Act. The tribunal has powers to regulate its process.
To discharge its functions efficiently, the Tribunal has the same powers vested in
a civil court under similar procedure, 1908, while trying for a suit in the following
cases:
 Calling and enforcing the presence of any person and examining them
under oath
 Ensuring availability of required documents or electronic records
 Obtaining evidence on affidavits
 Issue of commission for examination of witnesses or documents
Review its decisions
Every proceeding before the Cyber Appellate Tribunal is like a judicial proceeding
within the sections 193 and 228 and for the purposes of section 196 of the Indian
Penal Code. Further, the Tribunal is like a civil court for the purposes of Section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
Right to legal representation (Section 59)

lOMoARcPSD|4652525
The appellant may either appear in person or authorize one or more legal
practitioners to present their case before the tribunal.
Limit (Section 60)
The provisions of the Limitation Act, 1963 apply to appeals made to tribunals.
Civil court does not have jurisdiction (Section 61)
 If the IT Act, 2000 empowers the Assistant Officer or the Cyber Appellate
Tribunal for certain cases, no civil court can entertain any suit or
proceeding.
 Further, no court can pass an injunction on any action that takes a person
in pursuance of any power that the act relies upon.
Appeal to High Court (Section 62)
Explain that a person is not satisfied with the decision or order of the tribunal. In
such cases, he can file an appeal in the High Court. He should do so within 60 days
of receiving communication of the order / decision from the Tribunal.
The appeal may be on any fact or law arising out of such order. The High Court
can extend the term for another 60 days if it feels that the appellant had sufficient
reasons and reasons for the delay.
Section of contraceptives (Section 63)
The Controller or any other officer whom he or the adjacent authorizes may
prevent any violation. Compounding is possible either before or after the
installation operation. This is subject to the conditions that the Controller or such

lOMoARcPSD|4652525
other officer or assistant officer specifies. Provided that the amount does not
exceed the maximum amount of the penalty which the Act allows for compound
violation.
Nothing in sub-section (1) applies to a person who applies the same or similar
contraceptives within a period of three years from the date on which her first
miscarriage took place. Therefore, if the person performs a second abortion after
the expiry period of three years from the date on which her first contraceptive
compound was performed, it becomes her first contraceptive.
Once a contraceptive is compounded under a sub-section (1), no action against a

person guilty of compound contraception is possible.
Penalty Recovery (Section 64)
If the penalty imposed under this Act is not paid, the land is recovered as arrears
of revenue. In addition, the license or digital signature certificate is suspended
until the penalty is paid.
To whom is the IT Act 2000 law related?
The followings issues are what the act deals with:
 Legal recognition of electronic documents

 Legal recognition of digital signature
 Crime and contradiction
Justice delivery system for cybercrimes.
The IT Act 2000, being the first law on technology, computers, e-commerce and e-
communication, was the subject of widespread debate, a hands-on detailed

lOMoARcPSD|4652525
review of the industry criticizing certain sections of the act and other topics
making it very thin. And is lighter. There were also some obvious lapses, which
resulted in investigators relying more and more on the time-tested (another half-
century-old) Indian Penal Code, even in technology-based cases with the IT Act
more in process with reliance Is being referred to. IPC, not ITA.
Thus the need for an amendment - a detailed - I.T. Act. Consultations with major
industry bodies were held and came. T. Advisory groups were formed to go to the
alleged Lakune. Comparing with the Act and similar legislation in other countries
and suggesting recommendations. Such recommendations were analyzed and
later taken as a Comprehensive Amendment Act and following considerable
administrative procedures, the Consolidated Amendment called the Information
Technology Amendment Act 2008 was placed in Parliament and passed in late
2008 (Mumbai on 26 November After the terrorist attack) took place 2008). The
IT Amendment Act 2008 received the assent of the President on 5 February 2009
and was made effective from 27 October 2009.
Notable features of ITAA 2008 are:
 Focusing on data privacy

 Focus on information security
 Defining cybercafes
 Neutralizing digital signature technology
 Defining appropriate security practices by corporate
 Redefining the role of middlemen
 Recognizing the role of the Indian computer emergency response team

lOMoARcPSD|4652525
 Including some additional cyber crimes such as child pornography and

cyber terrorism
 Authorizing an inspector to investigate cyber crimes (as previously against
DSP)
Structure of IT Act
How is the IT Act structured?
The Act consists entirely of 13 chapters and 90 sections. Sections 91 to 94 deal

with amendments in the four Acts of the Indian Penal Code 1860, the Indian
Evidence Act 1872, The Bankers Books Evidence Act 1891 and the Reserve Bank of
India Act 1934. The Act deals with the authentication of electronic records,
electronic signatures etc.
Detailed procedures for certifying authorities and electronic signatures are

mentioned. The process of civil theft and adjournment and appellate processes of
data theft are described. The Act then goes on to define and describe some of the
well-known cyber crimes and therefore reduce penalties. Then the concept of due
diligence, the role of arbitrators and some miscellaneous provisions are
described.
What is the applicability of IT Act?
The Act extends to the whole of India and except as otherwise provided, it also
applies to any offense or violation committed outside India.
The rules and procedures outlined in the Act are also laid out in a phased manner,
most recently defined as of April 2011.

lOMoARcPSD|4652525
For simplicity, here we will only discuss various penalties and offenses defined
according to the provisions of ITA 2000 and ITAA 2008. Please note that wherever
the IT Act 2000 or 2008 is used, they refer to the same Act as the IT Act now
includes amendments as per the IT 2008 Amendment Act.
Specific exclusions in the Act where not applicable are:
 Negotiable Instruments (other than a check) as defined in section 13 of the

Negotiable Instruments Act, 1881;
 Power-of-attorney is defined in section 1A of the Powers-of-Attorney Act,
1882;
 A trust as defined in section 3 of the Indian Trust Act, 1882
 A will be defined as clause (h) of section 2 of the Indian Succession Act,
1925, which involves any other testamentary dispute
What is Cybercrime?
Cybercrime is not officially defined in the IT Act or any other law. In fact, it cannot
be either. Under the Indian Penal Code, 1860 and related legislations, the crime
or crime has been dealt with, listing various acts and punishments of each in
detail. Therefore, the concept of cybercrime is just a "combination of crime and
computer".
Cybercrime in a narrow sense (cybercrime): any illegal behavior directed through

electronic operations that targets the security of computer systems and the data
they process.
Cybercrime (computer-related crime) in the broadest sense: unlawful behavior

committed in relation to, or in connection with, a computer system or network,

lOMoARcPSD|4652525
through any illegal behavior, such as illegal possession and means of a computer
system or network Convey or distribute information to.
 Any contract for the sale or transmission of immovable property or any

interest in such property;
 Any such class of documents or transactions notified by the Central
Government
 Case studies as per selected IT Act sections
 Here are case studies for selected IT Act classes.
For simplicity and to maintain clarity, details on IT Act sections have been
omitted. For a detailed description of all the penalties and offenses mentioned in
the IT Act, refer to the Appendix in the last section.
Section 43 - Penalty and compensation for damage to computers, computer

systems etc.
Related Case: Mphasis BPO Fraud: 2005In December 2004, four call center
employees working at an outsourcing facility operated by MphasiS in India
received PIN codes from four clients of MphasiS, Citigroup's client. These
employees were not authorized to obtain PINs. In collaboration with others, call
center employees opened new accounts in Indian banks using false identities.
Within two months, he used flashing PINs and account information during his
employment at MphasiS, to transfer money from bank accounts of CitiGroup
customers to new accounts in Indian banks.

lOMoARcPSD|4652525
As of April 2005, the Indian police had taken over the U.S. The scam was ended by
the bank, and the persons involved in the scam were quickly identified. Those
arrested, when they attempted to extort cash from wrong accounts, $ 426,000
were stolen; The recovered amount was $ 230,000.
Verdict: The court considered that section 43 (a) was applicable here due to the
nature of unauthorized access to conduct transactions.
Section 65 – Document tampering and Hindering
Related case: Syed Asifuddin and ORS v. State of Andhra Pradesh In this case, Tata
Indicom employees were arrested for the manipulation of electronic 32-bit
numbers (ESNs) that were programmed into cell phone theft, specifically Reliance
Infocomm was given franchises.
Verdict: The Court held that tampering with the source code enforces Section 65
of the Information Technology Act.
Section 66 - Computer related offenses
Related case: Kumar v / s Whiteley In this case the accused gained unauthorized
access to the Joint Educational Network (JANET) and deleted, added files and
changed passwords to deny access to authorized users. BSNL broadband internet
connection as if it was an authorized real user and 'change in computer database'
related to the broadband internet user accounts of the customers. The CBI had
registered a cybercrime case against Kumar and investigated based on the
database, a complaint by the Press Information Bureau, Chennai, which traced
the unauthorized use of broadband internet. It has also been said in the
complaint that due to wrong actions of Kumar, customers have suffered a loss of

lOMoARcPSD|4652525
Rs 38,248. He said that 'hack' sites also used to come from Bangalore, Chennai
and other cities.
Section 66A - Punishment for sending objectionable messages through

communication service
Relevant Case # 1: Fake Profile of President Posted by imposter On September 9,

2010, imposter created a fake profile in the name of Honorable President
Pratibha Devi Patil. A complaint was made to the Additional Controller, President,
Household, President's Secretariat about the four fake profiles created in the
name of the Honorable President on the social networking website, Facebook.
The said complaint states that the President's house has no connection with
Facebook and the fake profile is misleading the general public. First information
report was filed under First Section 469 and 66A of Information Technology Act,
2000 of IPC, which was filed in Police Station, Economic Offenses Branch, elite
branch of Delhi Police, which investigate economic crimes including cyber crimes
Specializes in.
Relevant Case # 2: Bomb Hoax Mail In 2009, a 15-year-old Bangalore teenager

was arrested by the city's Crime Branch's Cyber Crime Investigation Cell (CCIC) for
allegedly sending a WhatsApp e-mail to a private news channel. In the e-mail, he
claimed to have planted five bombs in Mumbai, challenging the police to make it
too late. Around 1 in the afternoon. On 25 May, the news channel received an e-
mail stating: "I have planted five bombs in Mumbai; You have two hours to find it.
"Police, who were immediately alerted, traced the Internet Protocol (IP) address
in Bangalore's Vijay Nagar. Officials said that the internet service provider for the
account was BSNL.

lOMoARcPSD|4652525
Section 66C - Punishment for identity theft
Relevant matters:
 The CEO of an identity theft protection company, Lifelock, revealed Todd

Davis' social security number by Matt Lauer on the NBC Today show.
 Lee Ming, a graduate student at the University of Pennsylvania's West

Chester, completed his own death with a forged obituary in his local paper.
Nine months later, Lee finally attempted to obtain a new driver’s license
with the intention of applying for a new credit card.
Section 66D - Punishment for fraud by impersonation using computer resources
Relevant Case: Sandeep Waghase V / S Kerala
A complaint filed by a company representative, who was engaged in the trade and
distribution of petrochemicals in India and abroad, an offense was registered
against nine persons, including offenses under sections 65, 66, 66A, C and D
Were. Information Technology Act along with sections 419 and 420 of Indian
Penal Code.
The company has a web-site in its name and style www.jaypolychem.com 'But,
another web site www.jayplychem.org' was set up in the internet by the first
accused Samdeep Varghese @ Sam, (who was dismissed Was) company) in a
conspiracy with Preity and Charanjeet Singh along with other accused, who are
the sisters and brothers-in-law of Sam.
Defamatory and malicious cases about the company and its directors were made
available in that website. The accused sister and brother-in-law were based in

lOMoARcPSD|4652525
Cochin and were working in connivance with known and unknown persons, who
have collectively cheated the company and committed acts of forgery,
impersonation etc.
Amardeep Singh and Rahul, two of the accused, went to Delhi and Cochin. First
the accused and others sent e-mails from fake e-mail accounts of many
customers, suppliers, banks etc. to tarnish the name and image of the company
and its directors. The defamation campaign conducted by all the above persons
has caused huge damage to the name and reputation of the company.
The company lost several crores of rupees from producers, suppliers and
customers and was unable to do business.
Section 66E – Privacy Violation and Sanctions
Relevant matters:
Jawaharlal Nehru University MMS Scam As a serious blow to the prestigious and
renowned institution - Jawaharlal Nehru University, a pornographic MMS clip was
apparently made on campus and transmitted outside the university. Some media
reports claimed that two students initially tried to extort money. From the girl in
the video, but when they failed, the criminals put the video on mobile phones, on
the Internet, and even sold it as a CD in the blue film market.
Nagpur police leader's son's MMS scam On January 05, 2012, Nagpur police
arrested two engineering students, one of whom was the son of a Congress
leader who harassed a 16-year-old girl for broadcasting MMS clips of her sexual
activities Did it According to Nagpur (Rural) Police, the girl was in a relationship

lOMoARcPSD|4652525
with 19-year-old Mithilesh Gajbhiye, Zilla Parishad member of Sauner area of

Nagpur district and son of Yashoda Dhanraj Gajbhiye.
Section 66F cyber terrorism
Relevant Case: The Mumbai Police has registered a case of cyber terrorism - since
the amendment in the Information Technology Act - where a threatening email
was sent to the BSE and NSE on Monday. The MRA Marg Police and Cyber Crime
Investigation Cell are jointly investigating the case.The wrongdoer was
arrested/detained. Police said that an Shadab MD sent an email to BSE's
administrative email ID corp.relations@bseindia with an ID
sh.itaiyeb125@yahoo.in, challenging the security agencies to prevent a terrorist
attack. Com on Monday at around 10.44 am. The sender's IP address has been
traced to Patna in Bihar. ISP is Sify. The email was sent from the email address
which was created some moments ago. “While creating the new ID, the sender
had given two mobile numbers in the Personal Details column. Both numbers
belong to a photo frame maker in Patna, '' said an official.
Status: MRA Marg Police has registered fraud under IPC in cases of fraud, criminal
intimidation and cyber terrorism under IT Act.
Section 67 – Sanctions for publicizing Obscene Material
Relevant Case: This case is about posting a vulgar, abusive and annoying message
about a divorced woman in Yahoo Message Group. Through the false e-mail
account opened by the victim in her name, the accused sent e-mails to the victim
for information. These postings received harassing calls to the woman. Based on
the woman's complaint, the police arrested the accused. The inquiry revealed
that he was an acquaintance of the victim's family friend and was interested in

lOMoARcPSD|4652525
marrying her. He had married another man, but that marriage ended in divorce
and the accused once again started contacting him. He began harassing her via
the internet over her reluctance to marry him.
Verdict: The accused was found guilty of offenses under sections 469, 509 IPC and
67 of the IT Act 2000. He is convicted and sentenced for the crime as follows:
 As per IPC 469, he will have to pay rigorous imprisonment for 2 years and a
fine of Rs 500 / -.
 As per 509 of the IPC, he will have to pay a simple imprisonment of 1 year
and a fine of Rs.500 / -.
 As per Section 67 of IT Act 2000, he has to undergo 2 years and Rs. 4000 / -
will have to be fined.
 All sentences were to run concurrently.
 The accused paid a good amount of money and was lodged in the Central
Jail, Chennai. It is believed to be the first case convicted in India under
Section 67 of the Information Technology Act 2000.
Section 67B - Punishment for publishing or transmitting in electronic form the

material depicting children in a sexually explicit act
Relevant Case: Public Interest Forum and Organization. v. The Union of India
10.03.2010 Public Interest Litigation: The petition calls for a ban on pornographic
websites. The NGO had argued that websites displaying sexually explicit content
were adversely affected, leaving the youth on a difficult path.

lOMoARcPSD|4652525
Section 69 - Powers to issue instructions for interception or monitoring or

decryption of any information through any computer resource
Relevant Case: In August 2007, Lakshman Kailash K., a technical expert from
Bangalore was arrested on suspicion of posting derogatory pictures of
Chhatrapati Shivaji, a prominent historical figure in the state of Maharashtra, on
the social-networking site Orkut. The police identified him based on the IP
address details obtained from Google and Airtel-Lakshmana's ISP. He was brought
to Pune and detained for 50 days before it was revealed that the IP address
provided by Airtel was incorrect. The mistake was due to the fact that while
requesting information from Airtel, the police did not specify precisely whether
the suspect posted the material at 1:15 p.m.
Verdict: Taking cognizance of their plight from newspaper accounts, the State
Human Rights Commission later ordered the company to pay Rs 2 lakh as
damages. This incident highlights how minor privacy violations by ISPs and
intermediaries may impact which severely curtails other basic human rights.
General cybercrime scenario and applicability of legal sections
Let us look at some common cyber-crime scenarios, which can attract prosecution
according to the penalties and offenses set out in the IT Act 2000 (as amended
through 2008) Act.
Harassment through fake public profile on social networking site
A fake profile of a person is created on the social networking site with the correct
address, residential information or contact details, but is labeled as a 'prostitute'

lOMoARcPSD|4652525
or a 'loose character person'. This leads to harassment of the victim. Applicable: -

Section 66A, 67 of IT Act and Section 509 of Indian Penal Code.
Online hate community
An online hate community is created to incite a religious group to make or pass

objectionable remarks against a country, national figures, etc. Applicable: Section
66A of the IT Act and 153A and 153B of the Indian Penal Code.
Email account hacking
If the victim's email account is hacked and pornographic emails are sent to people
in the victim's address book. Applications apply: - Sections 43, 66, 66A, 66C, 67,
67A and 67B of the IT Act.
Credit card fraud
Irresponsible victims will use infected computers to conduct online transactions.

The provisions apply: - Section 43, 66, 66C, Section 66D of IT Act and Section 420
of IPC.
Web defacement
The homepage of a website is replaced with a pornographic or defamation page.

Government sites usually face an outbreak of hackers on symbolic days. The
provisions apply: - Sections 43 and 66 of the IT Act and sections 66F, 67 and 70 of
the IT Act also apply in certain cases.
Introducing viruses, worms, backdoor, rootkits, trojans, worms

lOMoARcPSD|4652525
All of the above are some types of malicious programs that are used to destroy or
gain access to certain electronic information. Applications apply: - Section 43, 66,
Section 4A of the IT Act and Section 426 of the Indian Penal Code.
Cyber terrorism
Many terrorists are using virtual (GDrive, FTP sites) and physical storage mediums
(USB, hard drives) to hide their illegal business information and records.
Applicable: Traditional counterterrorism laws may apply with Section 69 of the IT
Act.
Online sale of illegal articles
Where the facility of sale of narcotics, drugs, weapons and wildlife is

implemented by InternetProcess: - Traditional laws generally apply in these cases.
Cyber pornography
Among the largest businesses on the Internet. Child Porn is banned and being
repelled in every country while there might be some countries where porn might
not be. The provisions apply: - Section 67, 67A and Section 67B of the IT Act.
Phishing and email scams
Phishing involves scamming the site as a trusted entity to commit fraud to obtain
sensitive information. (Eg password, credit card information) Provisions
applicable: - Sections 66, 66A and 66D of IT Act and section 420 of IPC
Confidential information theft

In this computer-related world, there are several companies/institutions who
store their confidential data in computers and on private servers. This information

lOMoARcPSD|4652525
is targeted by rivals, criminals and disgruntled employees. The provisions apply: -

Section 43, 66, Section 66 of the IT Act and Section 426 of the Indian Penal Code.
Source code theft
A source code is usually the most prestigious and important "Crown Jewel"
property of a company. Applicable provisions: - Section 43, 66, Section 63 of IT Act
and Section 63 of Copyright Act.
Tax evasion and money laundering
Money launders and all people who are indulged in White-Collar Crimes does
save their data and information on computers. The provisions apply: Income Tax
Act and Prevention of Money Laundering Act. IT Act may apply case-wise
Online stock trading fraud
It has become imperative for investors to associate their demat accounts with
their online banking accounts, which are usually accessed unauthorized, thereby
sharing trading fraud.
Section 66F cyber terrorism
Whoever, -
 With the intention of endangering the unity, integrity, security or

sovereignty of India or spreading terror by the people or people of any class
-
 Denial or reason of access to any person authorized to access the computer
resource; Or

lOMoARcPSD|4652525
 Attempting to penetrate or access a computer resource without

authorization or over authorized access; Or
 Any computer contestant presenting or committing or causing such
conduct or causing death or injury to persons or property damage or
damage or obstruction or knowing that it is likely to cause loss or disruption
of supplies or services Is likely to adversely affect the life of the community
or the critical information infrastructure specified under Section 70, or
 Knowingly or knowingly penetrating or accessing any computer resource
without authorization or authorized access, and such conduct provides
access to information, data or computer databases that are prohibited for
reasons of state or foreign relations security; Or any restricted information,
data or computer database, with reasons to believe that such information,
data or computer database may be likely to hurt or generate interests in
the sovereignty and integrity of India, the security of the state. . Commits a
crime of cyber terrorism in relation to friendly relations with foreign states,
public order, decency or morality, or contempt of court, or abetment to a
crime, or for the benefit of a foreign nation, group of individuals or
otherwise .
 Anyone who commits or conspires to commit cyber terrorism will be
sentenced to imprisonment which can extend to life imprisonment.

lOMoARcPSD|4652525
Section 67 - Punishment for publishing or transmitting obscene material in

electronic form, which anyone publishes or causes or transmits to be published
in electronic form, any material which is lewd or for prurient interest Appeals or
if it has an effect such as is likely to decrease and corrupt persons who have
read, seen or heard the case concerned Any niece implied or embodied therein
shall be punished with imprisonment of any description on the first sentence,
which may extend to two to three years and with fine which may extend to five
lakh rupees and the punishment of the second or subsequent conviction.
The incident may be accompanied by either a sentence of imprisonment for

details which may extend up to five years and a fine which may extend to a
million rupees.
Section 67A - Punishment for publication or transmission of clearly working

material etc. in electronic form, whoever publishes or which is published or
transmitted in electronic form or causes to transmit any material Those
involving sexually explicit acts or conduct should be punished with the first
blame.
For a term either a description of imprisonment which may extend to five years
and with fine up to ten lakh rupees and for the event of a second or subsequent
conviction with imprisonment of either description and up to seven years and
fine. Can also be up to ten million rupees.
Punishment for publication or transmission of material depicting children in

sexual activity in electronic form, whichever is: -

lOMoARcPSD|4652525
Cause to publish or transmit or transmit material published or transmitted in any

electronic form, which depicts children engaged in sexually explicit acts or
conduct or
Text, or digital images, collects, seeks, browses, downloads, advertises, promotes,

exchanges or distributes material in any electronic form depicting children in an
obscene or indecent or indecent manner.
May cultivate, entice or induce children to have sex with one or more children or
to have an online relationship in that manner or may prevent a reasonable adult
on a computer resource
Allows children to abuse online or
Records of others relating to self-abuse or sexual activity with children in any

electronic form
Penalty can be punished on the first sentence with imprisonment of any

description which may extend up to five years and with fine up to one million
rupees.
And in the case of second or subsequent punishment, either with imprisonment

for details which may extend to seven years and also fine which may extend to
one million rupees:
Provided that the provisions of Section 67, Section 67A and this Section are not in
any book, pamphlet, paper, writing, drawing, painting, representation or
electronic form.

lOMoARcPSD|4652525
Section 69 - Powers to issue instructions for the interception or monitoring or

decryption of any information through any computer resource.
Where the Central Government or the State Government or any of its officers is
specifically authorized by the Central Government or the State Government, as
may be the case, if it is satisfied that it is necessary or expedient to do in the
interest of the sovereignty of India or Integrity, defense of India, security of the
state, friendly relations with foreign states or public order or prohibiting the
commission of any of the above cognizable offenses Sector or to investigate a
crime, it can be subjected to it. The provisions of sub-section (2), for reasons to be
recorded in writing, to intercept, monitor or decrypt any agency of the
appropriate government or to monitor or decrypt the cause or to transmit or
store any information To direct to. Any computer resource.
Process and security measures subject to which such interception or monitoring

or decryption may be performed, such as may be prescribed.
Customer or intermediary or any person in charge of computer processing, when

directed by any agency under sub clause (1), extend all facilities and technical
support -
Providing access to or secure access to computer resources for generating,

transmitting, receiving or storing such information; Or
Intercept or monitor or decrypt information, as the case may be; Or
Provide the information stored in the computer resource.

lOMoARcPSD|4652525
Subscriber or arbitrator or any person who fails to assist the agency referred to in
sub-section (3) shall be sentenced to imprisonment for a term of up to seven
years and a fine will also be imposed.
Section 69A - Power to issue instructions for blocking for public use of any
information through any computer resource
In this regard, it has been specially authorized by the Central Government or any
of its officers, where satisfied that it is necessary to do so in the interest of
sovereignty and integrity of India, defense of India, security of the State, friendly
relations with foreign or Is expedient. To prevent the provocation of the State or
the public order or commission of any cognizable offense relating to the above, it
may be subject to the provisions of sub-sections (2) for reasons to be recorded in
writing, of the Government or of the arbitrator. By direct order to any agency to
publicly access any information generated, transmitted, received, stored or
hosted in any computer resource. To block access by the public or blocked.
The procedure and safety subject under which such barriers to access by the
public can be excluded as may be prescribed.
The arbitrator who fails to follow the guidelines issued under sub-section (1) shall
be punished with imprisonment which may extend to seven years and may also
be liable to fine.
Section 69B. Powers given for cyber-security reasons
The central government may authorize any agency of the government to increase
cyber security and to identify, analyze and prevent the spread of any intrusion or

lOMoARcPSD|4652525
computer contamination in the country, so that traffic data or information

Monitor and collect. Transferred, or stored in computer system or resource.
Any person in charge of computer processing or shall be called by an agency that

is authorized under sub-section (1) to provide technical support and to secure or
provide online access to all such facilities to such agency Expand. Online access to
computer resources to generate, transmit, receive or store such traffic data or
information.
The process and security measures for monitoring and storing traffic data or
information will be determined in this way.
Any arbitrator who knowingly or willfully violates the provisions of subsection (2)
shall be sentenced to an imprisonment which may extend to three years and shall
also be liable to fine.
Section 71 - Penalty for misrepresentation which makes any misrepresentation,

or suppresses any fact from the Comptroller or Certifying Authority for
obtaining any license fact or electronic signature certificate, as the case may be,
of a term Will be punished with imprisonment. Up to two years, or with fine,
which can be up to one lakh rupees or both.
Section 72 - Violation of privacy and confidentiality Any person who, in

pursuance of any of the powers conferred under this Act, rules or regulations
made therein, any electronic record, book, register, correspondence,
information, document or other Is safe for The material reveals such electronic
records, books, registers, correspondence, information, documents or other
material to another person without the consent of the person concerned, who

lOMoARcPSD|4652525
may be punished with imprisonment for a term of up to two years, or a fine.

Which can be increased with one lakh rupees or both.
Section 72A - Punishment for disclosure of information in violation of a

contractual law, any intermediary providing services under the terms of an
arbitral contract, any person holding personal information about any other
person with reason or intention to know Has access to content. Without the
consent of the person concerned, or in violation of any legal contract, wrongful
loss or wrongful gain is likely to be disclosed, any other person shall be
Imprisoned for 3 years. May be of, or with a fine which may extend to five lakh
rupees, or with both.
73. Penalty for mis-publishing electronic signature certificate in certain specials.
 No person shall publish an electronic signature certificate or otherwise

make this knowledge available to any other person.
 The certification authority listed in the certificate has not issued it; Or
 The customer listed in the certificate has not accepted it; Or
 The certificate has been revoked or suspended until such publication is
issued for the purpose of verifying the digital signature created prior to
such suspension or revocation.
 Any person who violates the provisions of sub-section (1) shall be punished
with imprisonment which may extend to two years, or with fine which may
extend to one lakh rupees, or with both. is.

lOMoARcPSD|4652525
Section 74 - Publication for fraudulent purpose: Anyone who intentionally

creates, publishes or otherwise makes an electronic signature certificate for any
fraudulent or illegal purpose, can be punished with imprisonment for up to two
years, Or a fine which may extend to one lakh rupees, or with both.
Section 75 - Act to apply for an offense or violation committed outside India
Subject to the provisions of sub-section (2), the provisions of this Act shall also
apply to any offense or violation outside India by any person irrespective of his
nationality.
For the purposes of sub-section (1), this Act shall apply to any offense or violation
committed outside India by any person, if the act or conduct complying with the
offense or violation involves the computer, computer system or computer
network located in India Is included.
Section 77A - Dismissal of offenses.
A court of competent jurisdiction may prevent offenses other than offenses, for
which imprisonment for life or imprisonment of not more than three years is
provided under this Act. It further states that the court will not commit any crime
where this crime affects the socio-economic circumstances of the country or
against a child or a woman under 18 years of age.
Under this Act, a person accused of an offense can file an application for
compounding in the court where the offense is pending for trial and the
provisions of sections 265B and 265C of the Code of Criminal Procedure, 1973 will
apply.

lOMoARcPSD|4652525
Section 77B - Offenses with imprisonment for three years for being cognizable.
Notwithstanding anything contained in the Criminal Procedure Code 1973, an

offense punishable by imprisonment of three years and above shall be cognizable
and the offense punishable with imprisonment for three years shall be bailable.
Section 78 - Power to investigate crimes
Notwithstanding anything contained in the Code of Criminal Procedure of 1973, a

police officer not below the rank of Inspector shall investigate any offense under
this Act.

lOMoARcPSD|4652525
UNICTRAL MODEL
 The model law is designed to assist states in reforming and modernizing

their laws on the arbitral process so that the special features and
requirements of international commercial arbitration are taken into
account.
 It covers all stages of the arbitration process from the arbitration
agreement, the composition and jurisdiction of the arbitral tribunal and the
extent of court intervention through recognition and enforcement of the
arbitration award. It reflects a worldwide consensus on key aspects of
international arbitration practice accepted by states of all regions and the
various legal or economic systems of the world.
 Amendments to Articles 1 (2), 7, and 35 (2), a new Chapter IV A to replace
article 17, and a new article 2A adopted by UNCITRAL on 7 July 2006. The
revised version of article 7 is intended to modernize the necessary form of
arbitration agreement for better agreement with international contracting
practices.
 The newly introduced Chapter IV A establishes a more comprehensive legal
system to deal with interim measures in support of arbitration. As of 2006,
the standard version of the Model Law is the revised version. The original
text of 1985 has also been reproduced in view of several national
enactments based on this original version.

lOMoARcPSD|4652525
Objective:
 Model legislation on electronic commerce (MLEC), enabling commerce

using electronic means by providing national legislators with nationally
acceptable rules aimed at removing legal barriers and enhancing legal
prediction for electronic commerce, and Aims to provide convenience.
 In particular, it is meant to remove barriers arising from statutory
provisions that may not be variously contractual by providing equal
treatment of paper-based and electronic information.
 Such equal treatment is necessary to enable the use of paperless
communications, thus increasing efficiency in international trade.
Summary:
 Model law has two parts: Part I includes e-commerce in general; Part II
covers e-commerce in specific areas, where goods are transported.
 In addition to formulating legal notions of non-discrimination, technical
neutrality, and functional equivalence, MLEC establishes rules for the
formation and validity of contracts obtained by electronic means, for the
characterization of data messages, for the receipt of receipts and for the
receipt of time. To determine and the location of sending and receiving
data messages.
 It should be noted that some provisions of MLEC were amended by the
Electronic Communications Convention in light of the recent electronic
commerce practice. In addition, Part II of the MLEC deals with electronic
commerce in relation to the movement of goods, supplemented by other
legislative texts, including the United Nations Convention on Contracts on

lOMoARcPSD|4652525
Goods of Carly or partly C ("Rotterdam" Rules). ") And may be the purpose
of additional work of UNCITRAL in the future.
 Model law is enactment with a guide, which provides background and
explanatory information to assist states in formulating necessary legislative
provisions and can guide other users of the text. There are cases related to
the application of model law on electronic commerce to the CLOUT (case
law on UNCITRAL texts) system.
IPR AND CYBER LAW
Patents
 The Patent Cooperation Agreement of June 19, 1970, signed in Washington

on June 19, 1970, was amended on September 28, 1979, and in accordance
with Section 63 of the Law, as amended on February 3, 1984 and October 3,
1973. It was revised.
 On December 17, 1991, the EPC and the law amended the EPC on
November 29, 2000.
 The Strasbourg Agreement Concerning the International Patent

Classification, signed on March 24, 1971, was amended on September 28,
1979.
 Appointment of microorganisms in the patent procedure, signed in the

1977 Patent Law Treaty of 1977, adopted on June 2, 2000.

lOMoARcPSD|4652525
Trademarks
 Trademark Agreement on the International Registration of Trademarks

(April 1891) and Protocol (June 1989). Registration of a trademark was
signed on June 15, 1957,
 The Dutch Convention on the Classification of International Goods and

Services.
 Convention on the International Classification of Symbolic Labeling, signed

in Vienna on June 1, 1912, signed on June 12, 1957.
 The Nairobi Convention for the Protection of Symbols, October 26, 1981,
the Olympics, adopted on September 26, 1981, Agreement 40/94 on
Trademark Laws (TLT) of December 20, 1993 was adopted in Geneva on
October 27, 1994.
 Singapore Trademark Law passed March 13-26, 2006
Industrial Design
 The Hague Convention on the International Deposit of Industrial Design,

signed November 28, 1960. With a simple submission to the WIPO office in
Geneva,
 The owner is protected in one or more of the 29 countries that are parties
to the treaty.
 Convention The regional convention governing the classification of an

international industrial design, signed at Locarno on October 8, 1968, was
amended on September 28, 1979.

lOMoARcPSD|4652525
 The Locarno Agreement formed the International Classification of Industrial

Designs, revised September 28, 1979, signed at Locarno on October 8,
1968. Community Design (98/71 / EC). Since April 1, 2003, a security system
has been operating in the Alicante domestic market, requiring registration
at the offices for harmony, which is applied throughout the community.
 The system was created on December 12, 2001 on the basis of the Decree
of the Council of Ministers of the EU (98/71 / EC), which is primarily aimed
at promoting creativity and innovation while reducing counterfeiting and
piracy in the domestic market.
The registration process is simple and inexpensive. Some projects are not
included in the community project (for example, components that do not exist in
the project are determined by the complex functions or characteristics of the
product. The project protection of this community is added to the national
protection system and does not replace it).

It Law Combined Lecture Notes 1 37

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

It Law Combined Lecture Notes 1 37

Uploaded by

Copyright:

Available Formats

lOMoARcPSD|4652525

IT Law Combined - Lecture notes 1-37

Information Technology (Osmania University)

StuDocu is not sponsored or endorsed by any college or university

 We have all seen that technology is a great level. Technology is abiding

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

electronics, computers and communication networks that connect the

 In 1984, Wiliam Gibson published his science fiction book - Necromancer,

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Cyberspace vs physical world

 First, cyberspace is a digital medium and not a physical location. It is an

Cyber security and cyber law

 As technology evolved, the need to regulate human behavior also evolved.

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

 Additionally, many technically qualified criminals such as hackers interfere

 Cyber law eliminates legal issues that pertain to the communication,

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Relation of Technology and Law

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Professor Jeremias Prasal of Oxford University, in his article, examined how

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

 Jurisdiction is not defined in the Code of Civil Procedure (hereinafter

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

out whether the jurisdiction provides for an alternative remedy. The

Plea of absence of jurisdiction

 In Kiran Singh v. Chaman Pawan, the scope for raising objection to

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

even in collateral proceedings. Building on the same lines, Chief Engineer

 Pecuniary means "related to wealth". It resolves the question of whether

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

 In such jurisdictions, the geographical extent of the court's authority is

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

resident of Ayodhya, beats Harry in Mumbai, Harry may file a lawsuit in

 Place of occurrence wholly or partially,

For example, Lakshmana is a businessman in Mirzapur. Ram did business in Delhi.

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

 This refers to the authority of the court to review or rehabilitate cases

Critical Analysis of Cyberspace's Civil Jurisdiction

 With the advent of artificial intelligence, online transactions have

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

burden of being the head of evidence. Therefore, it is suggested to take

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Aims and objectives of IT, ACT 2000

Information Technology Act, 2000

In 1996, the United Nations Commission on International Trade Law (UNCITRAL)

Information Technology Act, 2000

Objectives of the act

 The Information Technology Act, 2000 provides legal recognition for

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Features of Information Technology Act, 2000

 All Electronically online made contracts are also binding

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

Applicability and non-applicability of the Act

Lack of international cooperation is the only limitation of this provision.

Downloaded by annpurna pathak (annpurnapathak62@gmail.com)

 Execution of Negotiable Instruments under Negotiable Instruments Act,

Establishment of Cyber Appellate Tribunal (Section 48)