CYBERCRIME

LEGISLATION IN INDIA
A PRESENTATION
BY
PAVAN DUGGAL,
ADVOCATE,
SUPREME COURT OF INDIA
PRESIDENT, CYBERLAW ASIA
CHAIRMAN,
ASSOCHAM CYBERLAW
COMMITTEE
CYBERCRIME LEGISLATION
IN INDIA (Contd.)

DR. L. PRAKASH
DR. L. PRAKASH
-
-
INDIA
INDIA

S FIRST LIFE
S FIRST LIFE
TIMER CYBER CRIMINAL
TIMER CYBER CRIMINAL
FEBRUARY 7, 2008-
'Sex doctor' gets life in
cyber-porn case
CNN-IBN
CYBERCRIME LEGISLATION
IN INDIA (Contd.)
IMPORTANT CASES
ARIF AZIM CASE
SUHAS KATTI CASE
BAAZEE.COM CASE
SANJAY KUMAR KEDIA CASE
AHMEDABAD MUTH CHILD BLESSING
CASE
CYBERCRIME LEGISLATION IN
INDIA (Contd.)
NO DEDICATED CYBERCRIME
LEGISLATION IN INDIA
SOME CYBERCRIMES COVERED
UNDER THE INFORMATION
TECHNOLOGY ACT , 2000.
CYBERCRIME LEGISLATION
IN INDIA (Contd.)

In India 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.
Amended by the Information Technology
(Amendment )Act, 2008.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)

Penalties and adjudication for various

Penalties and adjudication for various
offences involving computers,
offences involving computers,
computer systems and computer
computer systems and computer
networks.
networks.

Imprisonment and fine for various

Imprisonment and fine for various
cybercrimes defined.
cybercrimes defined.
CYBERCRIME LEGISLATION
IN INDIA (Contd.)
Penalties for damage to computer, computer
system etc. have been fixed as damages by way
of compensation not exceeding Rs.
5,00,00,000/- to affected persons.
CYBERCRIME LEGISLATION
IN INDIA (Contd.)

Various cyber offences defined.

Various cyber offences defined.

Cyber offences to be investigated only by

Cyber offences to be investigated only by
a Police Officer not below the rank of the
a Police Officer not below the rank of the
Inspector (now), Deputy Superintendent
Inspector (now), Deputy Superintendent
of Police( earlier).
of Police( earlier).
CYBERCRIME LEGISLATION IN INDIA
(Contd.)
Breach of security done dishonestly or fraudulently
attracts consequences of civil and criminal liability.
If a person without the permission of owner or any
other person in charge of a computer, computer
system or computer network, accesses or secures
access to such computer, computer system or
computer network, the said acts are torts and crimes
under the Indian cyberlaw.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)
Downloading, copying or extracting any data,
computer database or information from such
system or introducing any computer virus into
the same or damaging, destructing or causing to
be damaged or disruption of the same or
denying the access to any authorized person
of the same.
CYBERCRIME LEGISLATION
IN INDIA (Contd.)
Providing any assistance to any person for doing
any of the acts mentioned above, are offences
punishable with three years imprisonment and
INR 500,000/- fine.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)
Tampering with computer source documents Section 65
Computer related offences - Section 66-Occurs when there is
intent to cause or knowledge that one is likely to cause wrongful
loss or damage to the public or any person by destroying or
deleting or altering any information residing in a computer
resource or diminishing its value or utility or affecting it
injuriously by any means.
Publishing of information which is obscene in electronic form -
Section 67.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)

Sending offensive messages through communication
Sending offensive messages through communication
service.
service.

Dishonestly receiving stolen computer resource or
Dishonestly receiving stolen computer resource or
communication device.
communication device.

Cheating by personation by using computer source
Cheating by personation by using computer source

I
I
dentity theft
dentity theft

Violation of privacy
Violation of privacy
CYBERCRIME LEGISLATION IN
INDIA (Contd.)

Cyber terrorism made a heinous

Cyber terrorism made a heinous
cybercrime
cybercrime

Defined in the widest possible terms

Defined in the widest possible terms

Punishable with imprisonment which may

Punishable with imprisonment which may
extend to imprisonment for life and fine.
extend to imprisonment for life and fine.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)
Publishing of information which is obscene in
electronic form.
Publishing or transmitting or causing 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.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)
On first conviction - imprisonment of either
description for a term which may extend to three
years and with fine which may extend to five lakh
rupees.
Second or subsequent conviction - imprisonment
of either description for a term which may extend
to five years and also with fine which may extend
to ten lakh rupees.
CHILD PORNOGRAPHY
Whoever, Whoever,
(a) (a)publishes or transmits or causes to be published or transmitted publishes or transmits or causes to be published or transmitted
material in any electronic form which depicts children engaged i material in any electronic form which depicts children engaged in n
sexually explicit act or conduct; or sexually explicit act or conduct; or
(b) (b)facilitates abusing children online, facilitates abusing children online,
shall be punished on first conviction with imprisonment of shall be punished on first conviction with imprisonment of
either description for a term which may extend to five years and either description for a term which may extend to five years and
with fine which may extend to ten lakh rupees and in the event o with fine which may extend to ten lakh rupees and in the event of f
second or subsequent conviction with imprisonment of either second or subsequent conviction with imprisonment of either
description for a term which may extend to seven years and also description for a term which may extend to seven years and also
with fine which may extend to ten lakh rupee with fine which may extend to ten lakh rupee
CYBERCRIME LEGISLATION IN
INDIA (Contd.)
Breach of confidentiality and privacy
Misrepresentation
Publishing Digital Signature Certificate false in
certain particulars and publication for fraudulent
purposes.
IT ( AMENDMENT) ACT, 2008

Provided for far more exhaustive coverage of

Provided for far more exhaustive coverage of
cybercrimes in the law.
cybercrimes in the law.

Various new cybercrimes have been added like the

Various new cybercrimes have been added like the
activities defined in Section 43 of the IT Act, 2000.
activities defined in Section 43 of the IT Act, 2000.

The new amendments have added identity theft

The new amendments have added identity theft
and phishing as cybercrimes have also covered
and phishing as cybercrimes have also covered
breach of privacy, child pornography as specific
breach of privacy, child pornography as specific
offences.
offences.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)

INTERCEPTION
INTERCEPTION

The new amendments have strengthened the

The new amendments have strengthened the
hands of the nation by increasing the ambit of
hands of the nation by increasing the ambit of
the powers of interception of the Government,
the powers of interception of the Government,

Interception, blocking and monitoring powers

Interception, blocking and monitoring powers
have been more detailed and elaborately stated.
have been more detailed and elaborately stated.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)
Cyber Crimes are neglected area of jurisprudential
growth.

Three cyber crimes convictions in a country of

Three cyber crimes convictions in a country of
billion plus population in the last 15 years.
billion plus population in the last 15 years.

People
People

s confidence in effective booking and

s confidence in effective booking and
prosecution of cyber criminals by the law
prosecution of cyber criminals by the law
enforcement agencies is being eroded.
enforcement agencies is being eroded.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)

Barring cyber terrorism and breach of

Barring cyber terrorism and breach of
protected system the law has made cyber crimes
protected system the law has made cyber crimes
today as bailable offence where bail is entitled as
today as bailable offence where bail is entitled as
a mater of right . This is given a completely
a mater of right . This is given a completely
non
non
-
-
serious approach to cyber crimes.
serious approach to cyber crimes.

Police invariably are not interested in registering

Police invariably are not interested in registering
cyber crimes.
cyber crimes.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)

Practical experience has shown that after the

Practical experience has shown that after the
amendments accused once out of bail go ahead
amendments accused once out of bail go ahead
and delete the concerned electronic evidence
and delete the concerned electronic evidence
thereby making it impossible before it would be
thereby making it impossible before it would be
prosecuted and convicted.
prosecuted and convicted.

No cybercrime conviction after the IT Act

No cybercrime conviction after the IT Act
amendments
amendments
CYBERCRIME LEGISLATION IN
INDIA (Contd.)
There is a need for further amending the Information There is a need for further amending the Information
Technology Act. Technology Act.
There is further need for effectively providing mechanisms There is further need for effectively providing mechanisms
and methodologies for appropriate retention of electronic and methodologies for appropriate retention of electronic
evidence. evidence.
Inability to retain electronic evidence properly in accordance Inability to retain electronic evidence properly in accordance
with the law is one of the biggest challenges for the successful with the law is one of the biggest challenges for the successful
prosecution of cyber crimes. prosecution of cyber crimes.
CYBERCRIME LEGISLATION IN
INDIA (Contd.)

There is a need for cohesive, comprehensive

There is a need for cohesive, comprehensive
approach in tackling cyber crimes in terms of
approach in tackling cyber crimes in terms of
having an stringent legislation and effective
having an stringent legislation and effective
enforcement.
enforcement.

Need for empowering the relevant stake holders

Need for empowering the relevant stake holders
with the relevant awareness, tools and wherewithal
with the relevant awareness, tools and wherewithal
for ensuring the successful convictions of such
for ensuring the successful convictions of such
cyber criminals.
cyber criminals.
A PRESENTATION
BY
PAVAN DUGGAL,
ADVOCATE,
SUPREME COURT OF INDIA
PRESIDENT, CYBERLAW ASIA
CHAIRMAN,
ASSOCHAM CYBERLAW
COMMITTEE