Cyber Law in India

Information Technology Act Group 7:
Anila Joseph
Catherine Mary Mathew Jithin Benedict Munny Joy Reeju Kurian Sajith S.S

. so we need laws and regulations extended to this new arena to ensure justice. ‡ The electronic medium has crept into our life. ‡ The orthodox mentality of giving and accepting orders by word of mouth is no longer prevailed.Wind of Change . .

the money is paid through credit or debit card. ‡ The goods are procured after securing the order.‡ The offers are made in the website and accepted. . ‡ The goods are physically delivered to the buyer.

Issues creeping in ‡ In earlier days parties negotiated through written documents containing their signature. ‡ Now in electronic medium. which could be verified. the contracts are negotiated through electronic signals. ‡ But how to check the authenticity of parties?? ‡ How to prevent fraud?? .

.Advantages of IT ‡ Significantly lowered transaction cost ‡ Gives better information and access to buyers and promotes goods and services.

websites are getting hacked. ‡ Viruses damaging and corrupting information.Issues brought in by IT revolution ‡ Like a house getting robbed. . ‡ Porn sites mutilating the generation.

Information Technology Act 2000 ‡ Indian Parliament enacted Information Technology Act 2000. . ‡ Law states that where law requires a signature a digital signature would be deemed to be equivalent. ‡ Law states that where law requires the filling of application forms electronic forms would be deemed to be valid. to legally bind the cyber crimes.

.Digital signature ‡ This is personal and only a particular individual knows his personal electronic combination. ‡ The authenticity of the signature and the owner of the signature can be verified at any point of time. ‡ The Act makes provision for agencies who can provide digital signature certificates. ‡ Keying the correct combination confirms the persons presence and verification.

‡ A second violation would raise the penalty to 5 years in jail and Rs. .000 fine. ‡ He can be punished with imprisonment for a term which may extend to two years along with fine which can go up to Rs.Punishment ‡ Act penalizes the act of transmission of pornographic material on computer network. 25.000 on first conviction.50.

Punishment ‡ Law provides a penalty of up to Rs 10 lakh against hackers and those who spread virus. . ‡ Act provides for punishment for any offence of a violation of IT law by a person outside India involving a computer. computer system or computer network located in India.

MRTP ACT 1969 (Monopolies and Restrictive Trade Practices Act) .

. Government of India passed the MRTP bill.INTRODUCTION ‡ In order to safeguard the rights of consumers. ‡ The MRTP Act. 1969. 1969. ‡ The MRTP Act extends to the whole of India except the state of Jammu and Kashmir. ‡ The law controls the monopolies and protects consumer interest. came into existence. ‡ The bill was passed and the Monopolies and Restrictive Trade Practices Act. aims at preventing economic power concentration in order to avoid damage.

Monopolistic Trade Practice ‡ Misuse of one's power to abuse the market in terms of production and sales of goods and services. . ‡ They deteriorate the product quality. limit technical development. ‡ Firms involved in monopolistic trade practice tries to eliminate competition from the market and charge unreasonably high prices. prevent competition and adopt unfair trade practices.

need. ‡ Giving false facts regarding sponsorship. ‡ False claims or representation regarding price of goods and services. style etc of goods and services. standard. ‡ Misleading representation regarding usefulness. ‡ Falsely representing second-hand goods as new. of goods and services. . ‡ Giving false guarantee or warranty on goods and services without adequate tests. quality. affiliation etc.Unfair Trade Practice ‡ False representation and misleading advertisement of goods and services.

. Amendments ‡ 1984:introduced provisions on unfair trade practices ‡ 1991:provisions on monopolies completely removed and also exception of government undertakings and nationalised banks and cooperatives from the act were withdrawn. Such traders also bring in conditions of delivery to affect the flow of supplies leading to unjustified costs.Restrictive Trade Practice ‡ The traders. in order to maximize their profits and to gain power in the market. often indulge in activities that tend to block the flow of capital into production.

POWERS OF COMMISSION ‡ The MRTP act has created a Monopolies and Restrictive Trade Practices Commission based in Delhi and works like a judicial body ‡ Summoning and enforcing the attendance of any witness and examining him on oath ‡ Discovery and production of any document or other material object producible as evidence ‡ Requisition of any public record from any court or office. altered. ‡ Issuing any commission for examination of witness. and appearance of parties and consequence of nonappearance. falsified or secreted. . ‡ Authorize any of its officers to enter and search any undertaking or seize any books or papers. if the commission suspects that such books or papers are being or may be destroyed. mutilated.

REMEDIES UNDER THE ACT ‡ Section 12A Power of the Commission to Grant Temporary Injunctions ‡ Section 12B Power of the Commission to Award Compensation .

.MRTP Commission and Filing of Complaint ‡ MRTP Commission shall consist of a Chairman and minimum 2 and maximum 8 other members. The complainant may be compensated for his loss. all to be appointed by the Central Government. ‡ The Director General of the MRTP commission would carry on the investigation for finding facts of the case. ‡ If the compliant is true. The procedure for filing a complaint ‡ Complaint is filed either by the individual consumer or through a registered consumer organization. an order is passed to its effect. ‡ Then the final order is passed. ‡ The commission restricts and restrains the concerned party from carrying on such practices by granting temporary injunction.

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