BHASKAR LAW COLLEGE

LL.B. - 3 YDC - VI SEMESTER 1st INTERNAL EXAM

NAME: P.M.SUDHAKAR Roll No.2581-19-831-109

Subject: INFORMATION TECHNOLOGY LAW DATE: 18.01.2022

1. What do you understand by Information Technology

Information Technology means the use of hardware, software, services, and supporting
infrastructure to manage and deliver information using voice, data, and video.
Information Technology is the use of computers and telecommunication for the
processing and distribution of information in digital audio-video and other forms.

It is primarily concerned with acquisition, storage, processing and organisation of data

and disseminating this organized and processed data for use by people and
organizations.

The information technology which enabled computers and telecommunication to

converge has revolutionized the working environments throughout the world.

2. Explain the term Cyberspace.

The official definition of cyberspace being the “global domain within the information
environment consisting of the interdependent network of information technology
infrastructures and resident data, including the Internet, telecommunications networks,
computer systems, and embedded processors and controllers” (Theohary, 2020).

The term “cyberspace” was first coined in 1982 by William Gibson, a science fiction
author. Gibson had later commented on its origin, where “cyberspace” was “a word that
first saw the light in red Sharpie on a yellow legal pad. It was the first time I ever quite
got something else to work in fiction, though I still don’t know exactly what that is”
(Gibson, 2014, p. 17).

3. Name some of the cyberspace laws in India.

Cyber Laws in India

The Indian penal code

The Evidence Act
The Code of Criminal Procedure
and much more….

Section 65 - tampering with the computer source document

Section 66 – hacking the computer
Section 66 A– sending of offensive message
Section 66 B– intentionally receive electronic device
Section 66 C – identity theft like using another person's password or electronic
signature
Section 66 E- privacy violation
Section 66 F– cyber terrorism

Section 67– if a person publishes image which is objectionable in nature or lowers the
dignity of the person in the eye
Section 71- misrepresentation before certifying authority can be punished with
imprisonment and fine up to Rs.10,000.

The IT ACT 2000 deals with commerce along with e- commerce under which it
provides certain provisions which deal with unauthorized use of computers.

The act contains various offences such as violation of privacy, publishing obscene
material; offensive messages, etc are all considered as crimes under IPC.

Section 503-Sending threatening messages by email under section.

Section 499 IPC- Sending defamatory messages by emails
Section 463– forgery of electronic records
Section 192 of the IPC deals with fabricating false evidence
Section 420– bogus websites, cyber frauds
Section 383– web jacking
Section 500– email abuse
Section 463– email spoofing
Section 292– pornographic

4. What is meant by the term Internet Jurisdiction?

Internet jurisdiction is used to determine which legal authority may hear a case,
between a defendant and plaintiff, in which the potential crime was committed on the
Internet. Typically, when a plaintiff, or the individual who initiates a lawsuit, wishes to
accuse someone of a crime, he appeals to the legal authority, or court, given jurisdiction
over the geographical area where the crime occurred. Internet crime, however, is
difficult to assign to a particular geographic location because the originator of the
website may be located in a different region or country than the individual against whom
the crime was allegedly committed.
5. What are the provisions in the IT Act, 2000 regarding jurisdiction ?

As per Section 61 of the Information Technology Act, 2000, no civil court shall have
jurisdiction to entertain any suit or proceeding in respect of any matter which an
adjudicating officer appointed under this Act.

There are three kinds of jurisdiction that exist in matters of determining a country’s
jurisdiction under international law. These are, prescriptive jurisdiction, jurisdiction to
adjudicate, jurisdiction to enforce.

Prescriptive jurisdiction : It is the jurisdiction of the state to make laws applicable to a

person and certain circumstances, however international laws exercises limitations on
states authority to prescribe laws if there is a conflict of interest with another state.

Jurisdiction to Adjudicate: It is the power of the state to subject a person or things to

courts or administrative tribunals either civil or criminal, whether or not the state is party
to the proceedings.

Jurisdiction to Enforce: Is the power of state to induce or punish for noncompliance

with laws and regulations. A state’s law can be enforced by the officers with due
permission of the state officials concerned.

6. Point out any disadvantage of Information Technology in the societal context.

Loss of communication skills

The parents are becoming more worried about their children, as they prefer to stay in
the room using all the gadgets rather than going and taking part in social activities and
socialize.

Internet Security Issues

In the professional environment, the personal data of the management, intellectual

properties, bank records, vendor information, and many more, the hackers may
distribute the companies data to the internet or sell the data to the rival companies or
use the data to destroy the images of the companies.

Faulty Products And Duplication

We expect to get what we see, but when we are doing our online business, not all
shopping websites provide the exchange of the product we purchase. One should be
aware and serious about choosing to work on genuine websites and products.
Cyber-Sickness/Health Problems

With the increased addiction to social networks and internet games, people are
spending more time on computers and reject their normal offline life, resulting in
increased isolation and social imbalance.

Over-Dependence On Information Technology

A lot of people believe that because computers and the Internet have become such a
regular part of modern life, some people, particularly children who grow up with it, will
not be able to function without it.

7. Write briefly on how IT has impacted the legal field.

Technology has been playing a vital role in the legal industry. It has increased the
efficiency of legal offices and productivity of clerical workers.

1. Automated processes
Legal software like word processors and eDiscovery software, takes over the tasks and
performs automatically. Various applications (apps) also help clients in choosing the
legal services.
2. Ease of research
Legal research solutions, helps lawyers remain updated with each and every change in
the regulations even when not at their desk.
3. Decline in risk of errors
Another importance of technology in the law sector is that it cuts down the risk of errors
that might be possible because of overlooking or misinterpretation of any fact and
figure, ultimately bringing a drastic change in the judgment.
4. Increased transparency
Tech solutions can create a marketplace where clients can come across the profiles of
the best legal professionals in the industry. They can chat with different attorneys and
remain in touch in real-time, along with getting acquainted with the basic law
requirements.

8. What are the prime objectives behind introduction of IT Act, 2000 in India?

The primary objectives of the IT Act, 2000 are:

1. Granting legal recognition to all transactions done through electronic data exchange,
other means of electronic communication or e-commerce in place of the earlier
paper-based communication.
2. Providing legal recognition to digital signatures for the authentication of any
information or matters requiring authentication.
3. Facilitating the electronic filing of documents with different Government departments
and also agencies.
4. Facilitating the electronic storage of data
5. Providing legal sanction and also facilitating the electronic transfer of funds between
banks and financial institutions.
6. Granting legal recognition to bankers for keeping the books of accounts in an
electronic form. Further, this is granted under the Evidence Act, 1891 and the
Reserve Bank of India Act, 1934.

9. What constitutes Cyber Offences under Sections 65-78 of the IT Act?

Cyber offenses committed via the Internet or otherwise aided by various forms of
computer technology, such as the use of online social networks to bully others or
sending sexually explicit digital photos with a smart phone.

Cyberbullying
Explanation of the crime of cyberbullying, which is the act of using computer networking
technology and online social networks to harass, intimidate and otherwise bully
classmates or other peers.

Sexting
Overview of the disturbingly common phenomenon known as sexting, which is the use
of text messaging or similar networking technologies to send and receive sexually
explicit messages or photographs.

Identity Theft
Collection of articles to help you detect and ultimately prevent identity theft, including
important steps to take once your identity has been stolen and methods to help protect
your personal data.

10. Who is supposed to handle all computer related emergencies under this Act?

Indian Computer Emergency Response Team to serve as national agency for incident
response:
(1) The Central Government shall, by notification in the Official Gazette, appoint an
agency of the Government to be called the Indian Computer Emergency Response
Team.
(2) The Central Government shall provide the agency referred to in sub-section (1) with
a Director General and such other officers and employees as may be prescribed.
(3) The salary and allowances and terms and conditions of the Director-General and
other officers and employees shall be such as may be prescribed.

11. What is meant by Communication Device under the Act?

The IT Amendment Bill, 2006, had provided an explanation for “communication devices''
under Section 66A. This definition has been moved into the definition section and now
applies across all sections of the IT Act 2008. “Communication devices” is defined to
mean “a Mobile Phone, Personal Digital Assistant (PDA) device or combination of both
or any device used to communicate, send or transmit any text, video, audio or image”.
There has been case law even under the IT Act that has held mobile phones to fall
within the ambit of the IT Act, as a result of which all the provisions of the Act that apply
to computers are equally applicable to mobile phones. This amendment only makes that
position more explicit.

12. Explain the term Digital Signature.

According to the Information Technology Act, 2000, digital signatures mean
authentication of any electronic record by a subscriber by means of an electronic
method or procedure in accordance with the provisions of section 3. Further, the IT Act,
2000 deals with digital signatures under Sections 2, 3, and 15.

The IT Act, 2000 introduced the concept of digital signatures under Sec. 2(1)(p) as
authentication of any electronic record by a subscriber, i.e., a person in whose name the
Digital Signature Certificate' (DSC) is issued,by means of an electronic method or
procedure in accordance with the provisions of Section 3.

13. What is meant by e-Governance?

Chapter III of the Information Technology Act, 2000, hereinafter, (ITA 2000) refers to
“electronic governance”. Electronic governance may be defined as the use of
informational and computer technology to facilitate interaction between, on the one
hand, a public authority and, on the other hand, individual citizens, businesses.
E-governance is dealt with under Sections 4 to 10A of the Information Technology Act,
2000 and provides for legal recognition of electronic signatures, records and also of
contracts formed through any electronic medium.

14. Write briefly on admissibility of evidence under the IT Act, 2000.

The Information Technology (IT) Act 2000 was amended to allow for the admissibility of
digital evidence. An amendment to the Indian Evidence Act 1872, the Indian Penal
Code 1860 and the Banker's Book Evidence Act 1891 provides the legislative
framework for transactions in the electronic world.

The Evidence Act was amended by virtue of Section 92 of the IT Act and the term
"evidence" was amended to include "electronic record", thereby allowing for
admissibility of the digital evidence. Prior to the legal recognition granted to electronic
evidence, Sections 63 and 65 of the Evidence Act majorly dealt with and provided for
the conditions for admissibility of electronic evidence.
15. Who is a Certifying Authority under the IT Act, 2000?

The IT Act provides for the Controller of Certifying Authorities(CCA) to license and
regulate the working of Certifying Authorities. The Certifying Authorities (CAs) issue
digital signature certificates for electronic authentication of users.

The Controller of Certifying Authorities (CCA) has been appointed by the Central
Government under section 17 of the Act for purposes of the IT Act. The Controller of
Certifying Authorities (CCA) has established the Root Certifying Authority (RCAI) of
India under section 18(b) of the IT Act to digitally sign the public keys of Certifying
Authorities (CA) in the country. The RCAI is operated as per the standards laid down
under the Act.

16. What modifications have been brought about in the IPC after enactment of the
IT Act, 2000?

The Amendment Act provides stronger data protection measures as well as

strengthening the general framework against cyber crimes. There are certain issues or
lacunae which are inherent in the very nature of crimes involving information technology
(and are not specific to banks and customers only) like (a) anonymity in cyberspace; (b)
the issue of jurisdiction; (c) the question of evidence and (d) the issue of non-reporting
of cyber crimes to authorities due to the bad publicity it can have for businesses
operating online. Apart from these issues, there are certain specific areas of concern to
banks and customers or the banking sector as a whole, which are listed below.

1) Intermediary
2) Encryption
3) Data Protection
4) Computer related offenses and Penalty/Punishment
5) Bank’s to be Licensed as Certifying Authority
6) Provision for online nomination facility

17. What are the powers of the Cyber Appellate Tribunal?

The Cyber Appellate Tribunal’s method and powers are laid down in Section 58 Clause
(2) of the Information Technology Act, 2000. The Cyber Appellate Tribunal shall have
the same powers as a civil court under the Code of Civil Procedure, 1908, while trying
an action, in respect of the following matters:

(a) Summoning and enforcing the attendance of any person and examining him on
oath;
(b) Requiring the discovery and production of documents or other electronic records;
(c) Receiving evidence on affidavits;
(d) Issuing commissions for the examination of witnesses or documents;
(e) Reviewing its decisions;
(f) Dismissing an application for default or deciding it ex parte;
(g) Any other matter which may be prescribed.

18. Is there any provision under the Act for regulating the growth of cyber cafes?

Needful essentials for cyber cafes

● All cyber cafes must mandatorily maintain the cubicle, that cubicle must have a 5
inch and 4 cm of heights and partition.
● Any person below the age of 18 years or a minor shall not be given a separate
cubicle for surfing net.
● Other than the cubicle, all the screens of the computer must be kept open.
● The standard Indian time must be set to all the computers and normal clocks and it
must show the same timing in all the clocks.
● All the computers in café must installed software that automatically block sites
including pornography sites or any sites containing obscene matters or information.
● The details of staff and the users using the cyber café must be maintained and kept
in records.
● The information once recorded cannot be altered again and again by the owner.
● The system setting must be in such a manner that the user cannot change the
setting of the system or software, or which they work.

19. Who is the authority for determining the Examiner of Electronic Evidences?

Section 79A of the Information Technology Act, 2000 has been embodied to deal with
the Examiner of Electronic Evidence.

The Central Government is empowered under Section 79A of the IT Act to notify any
Department, body or agency of the Central Government or a State Government as an
Examiner of Electronic Evidence for the purposes of providing expert opinion on
electronic form evidence before any court or other authority stipulated by notification in
the Official Gazette.

20. What is the power of police officers under this Act?

According to Section 80, despite the provisions of the Criminal Procedure Code (CrPC),
any police officer not below the rank of Inspector or any other officer working for either
Central or State Government, with permission of the Central Government may enter any
public place and arrest without warrant any person who is reasonably suspected of
having committed or of committing or is about to commit any offence under the IT Act,
2000. The person who is arrested by an officer other than a police officer shall be
presented before a Magistrate having jurisdiction in the case without any delay or before
the officer in charge of the police station. The provisions of CrPC shall apply to this
section in respect of entry, search or arrest.