Cyber Laws

sajish v.s.

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 Hierarchy
Law

Cr.P.C: Criminal I.P.C.: Indian

Procedure Penal Evidence Act
Court Code

I.T. Act 2000

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 Laws relating to computer,internet and
e-commerce

 Mr.Pavan Duggal,President CYBER LAW-India

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 IT Amendment Acts

 The Information Technology Act, 2000 is the Mother

Legislation that deals with issues related to use of
computers, computer systems , computer networks and
the Internet.
 Information Technology Amendment Bill, 2006
 Information technology amendment act, 2008

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 Contd…
 The new amendments have added “identity theft”
and “phishing” as cybercrimes .
 Have also covered “breach of privacy”,
“ child pornography” as specific offences

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 Offences
 Offence under IT Acts
 Tampering with Computer source documents
 Hacking with Computer systems, Data alteration
 Publishing obscene information
 Un-authorised access to protected system
 Breach of Confidentiality and Privacy
 Publishing false digital signature certificates

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 Sections in Law & Penalties

Section 43: of the act reads: “If any person without permission of the
owner ”
a) ACCESS to such computer
b) DOWNLOAD, COPIES, or EXTRACTS any data from such computer
c) Introduces COMPUTER VIRUS so as to contaminate the system
d) DAMAGES such computer network
e) CAUSES DISRUPTION to such computer system
f) DENY the user to access
g) CHANGES ACCOUNT SETTINGS

Punishment:
He shall be liable to pay damages by the way of compensation
not exceeding One crore to person so affected….

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 Section 66
Hacking with Computer System
(1) If Information residing in a computer resources get :
 Destroyed
 Deleted
 Altered
 Diminished in value or utility
 Affected Injuriously

Punishment:
3 yrs. Or Fine up to 2 lac for hacking.

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 Section 67
 Section 67 of the Act reads: “Whoever publishes or
transmitted in the electronic form any material which
contains sexually explicit acts or conduct :
 Fine of ten lakh rupees as punishment on first
conviction
 In the event of second or subsequent conviction
 Imprisonment of either description for a term which may
extend to seven years and also with fine which may
extend to ten lakh rupees.”

 If the same thing is repeated imprisonment of 10 yrs.

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 Section 65
Tampering with computer source document:

Punishment:
Offences are punishable with imprisonment up
to 3 yrs. And / or fine up to Rs. 2 lakh

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 Section 69
 Deals with the Interception, monitoring or
decryption of any information in the interest of
the sovereignty, integrity, Security or defense of
India, friendly relations with the foreign states
etc.
Punishment:
2 lakh and /or jail not exceeding 5 yrs.

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Some other Sections…
 Section 72: “Violation of the privacy policy”---Fine
up to 5 lakh, jail not extending 2 yrs.

 Section 502A: “Publishing, Transmitting images

of the private area of a person without his or her
consent”---2yrs./2 lakh.

 Section 419A: “Cheating by any communication

device or computer resource” --- 5yrs.

 Section 417A: “Identity Theft”--- 2yrs.

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 Conclusions
 The new amendments have strengthened the hands of
the nation by increasing the reach of the powers of
interception of the Government.
 Generate awareness & orientation about the compliance
requirements of Indian Cyber Law

Sensitize people about :

 The level of compliances of their respective
organizations pertaining to Indian Cyber Law.

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