Cyber Law

Identity theft
 Identity theft.
Any example of identity theft?

Why this problem is occurring very rapidly?

Can you also bring it under s 57?

Why someone would do this crime?

Identity theft is a form of a fraud in which someone pretends to
be someone else by using that person's identity.
This can create a huge damage to someones' or any organisations'
reputation.
This problem is growing because we are putting our personal
information online and offline; i.e. name, date of birth, picture,
job details, address etc. on various social media, signing up on
various websites etc.
People do this crime in order to access various resources, obtain
credits, or obtaining benefit on other person's name.
Gurgaon Fake Facebook Account case:
A complaint made to Gurgaon police station regarding a fake
Facebook account and it was found that the account was created
by her former boyfriend.
Kanika Tiwari case:
Where a Bollywood actress filed a complaint on the fact that
some people had created a fake account on her name and she is
not associated with them.

*** this offence is bailable, so.... and difficult to prove.

 Violation of Privacy
63. Punishment for disclosure of confidentiality and privacy.--Save
as otherwise provided by this Act or any other law for the time
being in force, no person who, in pursuance of any of the powers
conferred under this Act, or rules and regulations made thereunder,
has secured access to any electronic record, book, register,
correspondence, information, document or other material shall,
without the consent of the person concerned , disclose such
electronic record, book, register, correspondence, information,
document or other material to any other person shall be regarded as
an offence.
(2) Whoever commits any offence under sub-section (1) of this
section he shall be punishable with imprisonment for a term which
may extend to two years, or with fine which may extend to Taka
two lakhs, or with both.
In this sections the key elements are:
 securing access to
seeing your materials without your permission.
 any electronic
But it is not limited to any electronic device.
 without the consent of the person concerned,
 Disclosing.
Publishing or posting your private materials and the
defamation can also be included considering the fact.
Violation of privacy is an old concept but here we will talk about
on the electronic/digital form.
If you go for a holiday and stay in a hotel but the hotel has a spy
camera in your room. They record your activities and spread it to
internet!
Would you not feel that your privacy has been violated?
What if, your are hanging out with your friends in restaurants
and a stranger secretly captures video and then spreads it on the
internet. May be your parents are thinking you are in the class,
studying!
If I say that government has access to your laptop and know
everything about you. How bad would you feel from 1 to 10?
In India there was a scandal on Bangaru Lakshman, where a
former chief of a political party was seen on a camera, accepting
bribe.
BUT what would you say if you genuinely need to spy on
someone? Can that person sue for breach of privacy?
But how about CCTV? Is it not a violation of privacy?
How would you fit these crime under section 63.
 The Constitution of the People's
Republic of Bangladesh.

32. No person shall be deprived of life or personal liberty save in

accordance with law.
43. Every citizen shall have the right, subject to any reasonable
restrictions imposed by law in the interests of the security of the
State, public order, public morality or public health –
(a) to be secured in his home against entry, search and seizure; and
(b) to the privacy of his correspondence and other means of
communication.
In Bangladesh the privacy issue is not being considered seriously.
There is no dedicated legislation to protect the privacy of the
people of this country. In the Constitution we have some rights
on privacy but indirectly.
What is the definition of private place?
Bed room and wash room both of them are considered private
places, it is forbidden to put any spy cameras there. In other
rooms depends on the scenario and circumstances.
Example: In Delhi a co-worker put spy camera in the toilet and
then a case has been filed against him.
Cyber crimes are not smiler to other blue colour crime.
As we have discussed before in order to investigate this crime
requires technical know -how.

So, who should carry on the

investigation?
Inspector General of Police (IGP)

Additional Inspector General of Police (Addl IG) (Grade-1)

Additional Inspector General of Police (Addl IG) (Grade-2)

Deputy Inspector General of Police (DIG)

Additional Deputy Inspector General of Police (Addl DIG)

Superintendent of Police (SP) / Assistant Inspector General (AIG) (in Police Headquarters) / Special Superintendent
(SS) (in SB & CID) / Superintendent of Railway Police (SRP) (in Railway Police)

Additional Superintendent of Police (Addl SP)

Senior Assistant Superintendent of Police (Sr ASP)

Assistant Superintendent of Police (ASP)

Inspector of Police/ Officer in charge (OC)

Sub-Inspector (SI)

Sergeant

Assistant Sub-Inspector (ASI)

Naik

Constable
1. Director General of Police (DGP)
2. Additional Director General Of Police (ADGP)
3. Inspector General Of Police/ Special Inspector General Of Police (IGP/SIGP)
4. Deputy Inspector General Of Police (DIGP)
5. Superintendent of Police/Deputy Commissioner Of Police (SP/DCP)
6.  Superintendent of Police/Deputy Commissioner Of Police
7. Additional Superintendent Of Police/Deputy Commissioner of Police (ASP/DCP)
8. Deputy Superintendent of Police/Assistant Commissioner Of Police (DSP/ACP)
9. Police Inspector (P.I.)
10. Assistant Police Inspector (A.P.I.)
11. Police Sub-Inspector (SI)
12. Assistant Police Sub-Inspector (ASI)
13. Head Constable (HC)
14. Police Constable (PC)
76. Investigation of crime, etc.—(1) Whatever is contained in the Code of
Criminal Procedure, the Controller or any officer authorized by the
Controller, or any police officer not below the rank of Sub-Inspector of the
Police shall investigate any offence committed under this Act.
(2) Offence committed under this Act shall be non-cognizable offence.
69. (6) The Tribunal can order any police officer, or the Controller, or any
officer authorized by the Controller, as the case may be, to reinvestigate the
case and submit the report within the stipulated time of its own initiative or any
application lodged to the Tribunal.
80. Power of seize or arrest in public place, etc.—Any investigation taken
under this Act, the Controller, or any officer of Government authorized
by the Government or any police officer not below the rank of a Sub-
Inspector of Police are in opinion that an offence has been committed or
being committed or offence which is punishable under this Act has been
committed, then having written the reasons, may enter the public place
and search and seize the germane materials and arrest the concerned
person or the offender.
IT Act 2000;
78. Power to investigate offences
Notwithstanding anything contained in the Code of Criminal Procedure,
1973, a police officer not below the rank of Inspector shall investigate any
offence under this Act.
80. Power of Police Officer and Other Officers to Enter, Search, etc
(1) Notwithstanding anything contained in the Code of Criminal Procedure,
1973, any police officer, not below the rank of a Inspector or any other officer
of the Central Government or a State Government authorized by the
Central Government in this behalf may enter any public place and search and
arrest without warrant any person found therein who is reasonably suspected of
having committed or of committing or of being about to commit any offence
under this Act.
What is the difference between
cognizable and non- cognizable
offence?
  Cognizable offences or cognizable cases are those under which a police officer
can arrest without an arrest warrant.
Cognizable offences are those offences which are serious in nature. Example
Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust,
Unnatural Offences.
The Police Officer has to receive the First Information Report (FIR) relating to
the cognizable offence, which can be without the Magistrate’s permission and
enter it in the General Diary and immediately start the investigation.non-
cognizable offences or cases are those under which a police officer cannot arrest
without a warrant.
Non-Cognizable offences are those which are not much serious in nature.
Example- Assault, Cheating, Forgery, Defamation.
In a non-cognizable offence or case, the police officer cannot receive or record
the FIR unless he obtains prior permission from the Magistrate.
Under a Non-Cognizable offence/case, in order to start the investigation, it is
important for the police officer to obtain the permission from the Magistrate.
Do you think the sub-inspector has the appropriate
KNOWLEGDE, AWARENWSS AND EFFICTIVENESS to
understand the cyber crime and seizing appropriate electronic
evidences??? What other problem could arise?

Should the Government change this section?

But there is a trick here? Can anyone tell?

80. Power of seize or arrest in public place, etc.—Any investigation taken under this
Act, the Controller, or any officer of Government authorized by the Government or any
police officer not below the rank of a Sub-Inspector of Police are in opinion that an
offence has been committed or being committed or offence which is punishable under
this Act has been committed, then having written the reasons, may enter the public
place and search and seize the germane materials and arrest the concerned person or
the offender.
81. Procedure of search, etc.—The provisions of the Code of Criminal Procedure shall,
subject to the provisions of this Act, apply, so far as may be, in relation to all
investigations, entry, search and arrest made under this Act.
IT Act 2000;
80. Power of Police Officer and Other Officers to Enter, Search, etc
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any
police officer, not below the rank of a Inspector or any other officer of the Central
Government or a State Government authorized by the Central Government in this behalf
may enter any public place and search and arrest without warrant any person found
therein who is reasonably suspected of having committed or of committing or of being
about to commit any offence under this Act.
What is the definition of “public place”?
For the purposes of this sub-section, the expression "Public Place"
includes any public conveyance, any hotel, any shop or any other
place intended for use by, or accessible to the public.

What is stalking?
• Repeated and unwanted behaviors whereby one
individual attempts to contact another individual,
and
• The behavior causes the victim to feel threatened
or harassed.

Only attempt is enough.

 Ritu Kohli Case (2001)/ Manish Kathuria
case.
***This is the first cyber stalking case in India.
Ritu Kholi who was 32 years old working an embassy suddenly
started receiving a series of emails from an unknown source.
She was asked to give 1 lakh rupees or she will be harassed.
The person through e-mail started threatening her that if she does
not listen to him, he will misuse her information (home address
and personal phone number) on the web-site.
She also started getting unsolicited phone calls at odd hours.
She filed a police complaint and the police investigated based on
IP address and the IP address was of a cyber cafe.
Later on the police found out that the accused hacked Kholi's
email address and from there he got all the information. And he
also spread the phone number in chatting room where other
people got her number.
Her was charged both under Indian Penal Code and IT Act was
not in force at that time so this act was used in this case.
***This is the case which made the Indian legislator the need of
cyber law addressing the cyber stalking.
How could someone him/herself protect from this
situation? Or what precautions should you take?
 Avnish Bajaj v. State (N.C.T) of Delhi, 116
(2005) DLT 427.
Avnish Bajaj is the CEO of online auction web-site Baazee.com,
which facilitates the online sale of property.
Some copies of obscene clippings were sold through the website
and the seller received the money but as soon as the CEO knew
about the fact the selling was withdrawn immediately. The CEO
was arrested under s 67 of the IT Act.
Their argument was, the clippings were transmitted NOT
published but it was not accepted as the concerned section is
about both publishing and transmitting.

***What happened to CEO? Should he be punished?

IT; 67. Publishing of information which is obscene in electronic form.
Whoever publishes or transmits or causes to be published in the
electronic form, any material which is lascivious or appeals to the
prurient interest or if its effect is such as to tend to deprave and corrupt
persons who are likely, having regard to all relevant circumstances, to
read, see or hear the matter contained or embodied in it, shall be punished
on first conviction with imprisonment of either description for a term
which may extend to five years and with fine which may extend to one
lakh rupees and in the event of a second or subsequent conviction with
imprisonment of either description for a term which may extend to ten
years and also with fine which may extend to two lakh rupees.
Obscene: Rude, vulgar, offensive, immoral etc.
• ICT 57. Punishment for publishing fake, obscene or
defaming information in electronic form.
(1) If any person deliberately publishes or transmits or causes to
be published or transmitted in the website or in electronic form
any material which is fake and obscene or its effect is such as
to tend to deprave and corrupt persons who are likely, having
regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it, or causes to deteriorate or
creates possibility to deteriorate law and order, prejudice the
image of the State or person or causes to hurt or may hurt
religious belief or instigate against any person or organization,
then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this
section he shall be punishable with imprisonment for a term
which may extend to ten years and with fine which may extend
to Taka one crore.
The court found that---
It is not clearly established that the transaction took place by the
accused directly or indirectly.
The clip could not be viewed on the portal.
The sale consideration was not routed through the accused.
 State of Tamil Nadu v. Suhas Katti (2004)

***In this case it took seven months to achieved the conviction,

which was considered a successful investigation as the other
similar cases have been pending for much longer time.
The accused was known family friend of the victim and was
interested in marrying her. The victim was a widow.
After refusing the proposal the accused started to harass her by
emails (by making a new email id) and phone calls. The accused
also stared posting defamatory and annoying massages in the
yahoo massage group.
The accused was charged under s. 67 of the IT act 2000. The
defence argued that the mail could have been sent by the ex-
husband or the complaints herself.
However the court relied upon the expert witnesses and other
evidences produced before it, including witness form the cyber
cafe and found guilty. 18 witnesses, 34 documents and other
material objects have been used to prove he case.
So, it is not necessary that you always need IP address to find the
criminal.
***This is the first case of conviction under s 67 of the IT Act.
• Your mid term examination will be held on 13 th June
at class hour.