CH 9 Cyber Law

Cyber Laws
PUTTU GURU PRASAD

INC GUNTUR
Information Technology Act, 2000
 The IT Act was enacted based on the UNCITRAL

(United Nations Commission On International Trade
Law Model Law).
 With the Model Law it has also considered the
Committee recommendations on the Electronic
Funds Transfer Schemes.
 The IT Act is made applicable to the whole of India
including the State of Jammu and Kashmir and it is
made applicable to the cyber crimes committed in
and outside India.
Objects of the IT Act
 Legal recognition to transactions carried out by

means of electronic data interchange.
 Promote electronic commerce (e-commerce), which is
an alternative to the paper based method of
communication and storage of information.
 To facilitate e-filing of documents with the
government departments and agencies.
 To bring suitable amendments to the existing laws in
pursuit of the objectives of the IT Act
Exclusions of Certain
Transactions
The IT Act shall

 Not be applicable to the Negotiable Instruments
except for the Cheques.
 Not be applicable to the Power of Attorney.
 Not be applicable to Trusts.
 Not be applicable to a Will.
 Not be applicable to the transfer of immovable
property or any interest in such property.
Online Contracts
 To be determined by the traditional laws like Indian
Contract Act, 1872.
 The rules relating to offer and acceptance similar to that
of the IC Act. ( Based on the decision of Bhawandas vs.
Girdharilal) included the e-mail contracts
 Determination of the liability of the parties is also similar to
that of Indian Contract Act.
 Time and place of contract is also determined by the
(Section 4 of the IC Act and Section 13 of the IT Act
together deals with the formation of the e-contracts)
Kinds of Online Contracts
 Click Wrap or Web Wrap Contracts is commonly

used for the e-commerce transactions.
 The transaction takes place when the party agrees to
buy the product or service by clicking the “ I agree” or
“ I Accept” button on the virtual key board.
 The party has the opportunity to review the terms
and conditions before accepting the offer.
 It is affirmatively assenting and the contract is
enforceable in the court of law.
Shrink Wrap Contracts
 Usually used for the purpose of business transactions,

that are based on the licensee user products e.g..
Software Products.
 The product has to be returned within 7 to 30 days of
buying ( Cooling off).
 The contracts entered into by e-mails are also valid
contracts, enforceable in the court of law, if the it is
satisfactorily proved, as per the rules in the Indian
Evidence Act.
 For all the various kinds of the online contracts, the
consumer laws are applicable.
Authentication and
Acceptance of Electronic Records
 It is a record which is communicated and

maintained by means of electronic equipment.
 The purpose of such records is to keep the
evidence in the business activity.
 Electronic records are recognized as equivalent
to a written document.
 Even e evidence is accepted as valid evidence.
 The Indian Courts have moved ahead by
collecting evidence through video conferencing.
Digital Signature
 It is given a legal recognition to facilitate the growth of

e-commerce.
 It is created with the help of the science of
cryptography and with hash Function (Encryption and
decryption)
 The digital signatures will have Private Key and a
Public Key for the purpose of authentication.
 The authentication of the digital signature is by
asymmetric crypto system.
 The digital signatures are equal to affixing a signature
and accepted in the court.
The Acts Amended for the purpose
of facilitating the IT Act, 2000
 The Indian Penal Code, 1860.

(Definition of Document and related sections)
 The Indian Evidence Act, 1972.
(E-records to be admissible as Evidence)
 The Reserve bank of India Act, 1934.
(Electronic Fund Transfers)
 The Negotiable Instruments Act, 1881.
(Electronic, truncation and clearance of cheques)
 The Banker’s Book Evidence Act, 1891.
(Ledgers books, day books, cash books account books
etc acceptable if preserved in the electro magnetic
storage devices. It needs certification)
Cyber Offences
Cyber
Crimes
Against Against the Against Against

the Individuals’ the the
Individual Property Organization Society
Against the Individual
 Harassment via e-mails
 Cyber stalking
 Obscene material
 Defamation
 Unauthorized access of the computer
 Email spoofing
 Cheating and Fraud
Against Individual Property
 Transmitting Virus
 Net Trespass
 Unauthorized Control
 Intellectual property Crimes
 Time Thefts
 Data
 Privacy of employees and customers
Against Organization
 Unauthorized Access and Control

 Possession of the unauthorized information
 Cyber Terrorism
 Distribution of pirated software.
 Data Theft
Against Society at large
 Pornography
 Trafficking
 Financial Crimes ( Internet Frauds)
 Sale of illegal articles
 Online gambling
 Forgery etc
Offences Specified
under the IT Act, 2000
 Damaging computers/ Data and networking
 Non- Compliance with the reporting system
 Unauthorized access
 Tampering
 Hacking
 Transmission of obscene material
 Misrepresentation
 False information in the Digital Signature
 Breach of Confidentiality
 Misuse of Digital Signature.
Recently IT Amendment Act 2008 has been
passed, making cyberspace to be
more secure.

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Cyber Laws

PUTTU GURU PRASAD

 The IT Act was enacted based on the UNCITRAL

 Legal recognition to transactions carried out by

The IT Act shall

 Click Wrap or Web Wrap Contracts is commonly

 Usually used for the purpose of business transactions,

 It is a record which is communicated and

 It is given a legal recognition to facilitate the growth of

 The Indian Penal Code, 1860.

Against Against the Against Against

 Unauthorized Access and Control

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