CYBER LAW

By Prof. Alzira Xavier

 CYBERLAW - AN OVERVIEW

Cyber Law is the law governing cyber space.

Cyber space is a very wide term and includes

computers, networks, software, data storage
devices (such as hard disks, USB disks etc), the
Internet, websites, emails and even electronic
devices such as cell phones, ATM machines etc.
• Cyber Security is defined under Section (2) (b) means
protecting information, equipment, devices computer,
computer resources, communication device and information
stored therein from unauthorized access, use, disclosure,
disruption, modification or destruction.
• Cybercrimes can be basically divided into three major
categories:

1. Cybercrimes against persons.

2. Cybercrimes against property.

3. Cybercrimes against government.

• Cybercrimes committed against persons
include various crimes like transmission of
child-pornography, harassment of any one with
the use of a computer such as e-mail.

• The trafficking, distribution, posting, and

dissemination of obscene material including
pornography and indecent exposure, is one of
the most important Cybercrimes known today.
• The second category of Cyber-crimes is Cybercrimes against all
forms of property.
• Computer vandalism (destruction of others' property);
• Transmission of harmful programs;
• Siphoning of funds from financial institutions;
• Stealing secret information & data.
 The third category of Cyber-crimes relate to Cybercrimes
against Government.

• Cyber terrorism is one distinct kind of crime in this

category.
• The medium of Cyberspace is used by individuals and groups
to threaten the international governments as also to terrorize
the citizens of a country.

• This crime manifests itself into terrorism when an individual

"cracks" into a government or military maintained website.
CYBER LAW
• Cyber law is a term used to describe the legal issues related to
use of communications technology, particularly ‘cyberspace’
i.e the internet.
 CYBERLAW - AN OVERVIEW
Need for Cyber Law:
• Cyberspace is an intangible dimension that is impossible to govern
and regulate using conventional law.
• Cyberspace has complete disrespect for jurisdictional boundaries.
• Cyberspace handles gigantic traffic volumes every second.
• Cyberspace is open to participation by all.
 CYBERLAW - AN OVERVIEW
• Cyberspace offers enormous potential for anonymity to its
members.
• Cyberspace offers never-seen-before economic efficiency.
• Electronic information has become the main object of cyber
crime.
• Here the “original” information, so to say, remains in the
“possession” of the “owner” and yet information gets stolen.
 CYBERLAW
• The primary source of cyber law in India is the Information
Technology Act , 2000 (IT Act) which came into force on 17
October 2000.

• The primary purpose of the Act is to provide legal recognition to

electronic commerce and to facilitate filing of electronic records
with the Government.
• Information Technology Act 2000 consisted of 94 sections
segregated into 13 chapters.

• Four schedules form part of the Act.

 CYBERLAW
• The Information Technology Amendment Act,
2008 (IT Act 2008) has been passed by the
parliament on 23rd December 2008.

• It received the assent of President of India on

5th February, 2009.

• The IT Act 2008 has been notified on October

27, 2009.
Section 80 of the IT ACT, 2000
– A Weapon or a Farce?

• Section 80 of the IT Act, 2000 is in the following terms:

“80 Power of police officer and other officers to enter, search, etc
---
(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), any police officer, not below the
rank of a Deputy Superintendent of police, 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 offense under this
Act.
 Ranks of Gazetted Officers
• Director Intelligence Bureau (post held by senior most Indian Police Service officer; not a
rank)
• Commissioner of Police (State) or Director General of Police
• Special Commissioner of Police or Additional Director General of Police
• Joint Commissioner of Police or Inspector General of Police
• Additional Commissioner of Police or Deputy Inspector General of Police
• Deputy Commissioner of Police or Senior Superintendent of Police or Senior Commandant
• Deputy Commissioner of Police or Superintendent of Police or Commandant
• Additional Deputy Commissioner of Police or Additional Superintendent of Police or
Deputy Commandant

• Assistant Commissioner of Police or

Deputy Superintendent of Police or Assistant
Commandant
• Assistant Superintendent of Police (IPS Probationary Rank: 2 years of service)
• Assistant Superintendent of Police (IPS Probationary Rank: 1 year of service)
• Explanation:

For the purposes of this sub-section, the expression ‘public

place’ includes conveyance, any hotel, any shop or any other
place intended for use by, or accessible to the public.
• The following are the ingredients of sub-section (1) of section
80:

• Police officer not below the rank of a Deputy

Superintendent of police
• Public place

• Person is reasonably suspected of having

committed or of committing or of being about
to commit any offense under the IT Act, 2000.
• Three situations could be covered:
• Committed the offence under the IT Act
in a place other than a public place, but
is found in a public place
• In a public place, but is found in some
other public place
• Is found in that very public place
• By restricting the power of arrest without warrant only from a
public place, section 80 becomes vulnerable:
1. ‘A’ commits the offence at home and than goes to the hotel
2. ‘A’ commits the offence at home and stays at home
3. ‘A’ commits the offence at the cyber café and goes home
4. ‘A’ commits the offence at the cyber café and goes to another
cyber cafe
• Certain characteristics of cyber crime do not permit immediate
arrest of the accused by the cyber law enforcement agencies in
99 out of 100 cases. These are:
1. Geographical distances and borders are irrelevant to cyber
crime
A cyber crime criminal is said to be almost
invisible
2. Cyber crimes are committed in cyber space.
The cyber criminal does not come face to face
with the criminal
3. Extremely difficult to collect evidence of a cyber crime and
investigation is usually time-consuming process.
 WARRANT
• The term warrant refers to a specific type of
authorization; a writ (formal order) issued by a competent
officer, usually a judge or magistrate, which permits an
otherwise illegal act that would violate individual rights
and affords the person executing the writ protection from
damages if the act is performed.
 Forgetting the line between cognizable
and non-cognizable offences
• Offences in which arrest without warrant is provided are called
Cognizable offences.

• ‘Cognizable offence’ means an offence for which, and

‘cognizable case’ means a case in which, a police officer may, in
accordance with the First Schedule of the Code of Criminal
Procedure or under any other law in force, arrest without warrant.
• In a nutshell, a Cognizable offence means where the
police officer has the power to arrest without warrant.
• ‘Non-cognizable offence’ means an offence for which, and
‘non-cognizable case’ means a case in which a police officer
has no authority to arrest without warrant.
• Where a case relates to two or more offences of which at
least one is cognizable, the case is deemed to be a
cognizable case, not withstanding that the other offences
are non-cognizable.
• In a cognizable case an FIR (First Information Report) can be
registered.

• In a non-cognizable offence, FIR cannot be registered.

• Section 154 of the Code of Criminal Procedure contains the
procedure for registration of an FIR:

“154. Information in cognizable cases”

Summary:
1. Information given in writing or reduced to writing to an
officer-in-charge, signed by the person giving the
information, entered in a book
2. Copy given to the informant (free of cost)
3. Refusal – post it to Superintendent of Police
• As per section 156 of the Code of Criminal Procedure,
any officer-in-charge of a Police Station MAY,
WITHOUT THE ORDER OF A MAGISTRATE,
INVESTIGATE ANY COGNIZABLE CASE FALLING
WITHIN THE jurisdiction of such police station.
• “157. Procedure of Investigation”
Summary:
1. Send a report of the same to a magistrate and proceed with
the investigation
2. May go in person or depute one of his subordinate officers
not below the rank as the State Government may prescribe.
3. He can depute the subordinate only if he feels the case is not
of a serious nature or there is no sufficient ground.
Steps in a Cognizable
case
1. Complainant files the case
2. The investigating police officer has the power to initiate and
proceed with the investigation without a judicial order.
3. The IO has the power during investigation, to require the
attendance of persons who appear to be acquainted with the
facts and circumstances of the case, for recording their
statements.
4. After completing the investigation, the police is required to file a
Charge Sheet/Challan/Police Report against the accused before
the criminal court.

5. After the charge-sheet has been filed, comes the stage for
framing charges against the accused.

6. Prosecution evidence, defense evidence, final argument and

judgement.
Steps in a Non-Cognizable Case
1. No FIR can be registered
2. The complainant can only file a criminal complaint in the Court
of the Magistrate.
3. If in a non-cognizable case, the informant makes a complaint to
the police station, the police would record the substance of the
information as a Non-Cognizable Report (NCR) in the
prescribed book.
Refer the informant to the judicial Magistrate
4. Reference to a Magistrate implies that the informant must file
a criminal complaint in the Court of the concerned judicial
Magistrate.

5. The Magistrate on receiving a criminal complaint and after

applying his judicial mind, may take cognizance of the offence.

6. The Magistrate would than examine the complainant and his

witnesses, the substance of which shall be reduced into writing.
Necessity of arrest without warrant from
any place, public or otherwise
• Discrepancies in the section 80 of the IT Act.

• The power of arrest without warrant only from a public place

should be scrapped.
• The complaint procedure which is applicable to non-
cognizable cases puts the substantial burden of prosecution
upon the complaint.
• Distance , criminal is invisible – difficult to gather evidence
• Complaint suffers the confusion and not the police

• A criminal complaint takes a lot of time

• Discourage victims from initiating action

THANK
YOU!!!!