Information Technology Law

Information Technology Law
Topics covered
• History of Information Technology Act 2000 &
its Jurisdiction
• The Information Technology (Amendment) Act,
2008
• Classification of Cyber Crimes
• Relationship between I. T. Act and other Acts
• Cybercrime and it’s effect
• Discuss a Real time problem
History of the I.T.Act
• Electronic Commerce Act, 1998
• E-Commerce Laws drafted in India following UNCITRAL
Model recommended by UNO.
• This was over-ridden by the Information Technology Bill
1999 in December 1999

IT Act 2000 and it’s Jurisdiction
• According to Section 1 (2), the Act extends to the entire country. It
does not take citizenship into account and provides extra-territorial
jurisdiction.
• Section 1 (2) along with Section 75, specifies that the Act is applicable
to any offense or contravention committed outside India as well. If the
conduct of person constituting the offense involves a computer or a
computerized system or network located in India, then irrespective of
his/her nationality, the person is punishable under the Act.
• The Internet operates in an environment which allows infringements
to take place with no clear and convenient jurisdiction in which the
right- holder can file suits. The challenge to the legal community
posed by such an environment is currently being dealt with at the
national and international level.
• Lack of international cooperation is the only limitation of this
provision.
Objectives of I.T. legislation in India
To provide legal recognition for transactions carried out by means of electronic data
interchange and other means of electronic communication, commonly referred to as
"electronic commerce", which involve the use of alternatives to paper-based methods of
communication and storage of information, to facilitate electronic filing of documents with
the Government agencies and further to amend the Indian Penal Code, the Indian
Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India
Act, 1934 and for matters connected therewith or incidental thereto.

The IT Act 2000
• The IT Act 2000 was mainly to ensure legal recognition of e-commerce
within India. Due to this most provisions are mainly concerned with
establishing digital certification processes within the country. Cybercrime as
a term was not defined in the act.
• It only delved with few instances of computer-related crimes. These acts as
defined in Chapter XI of the Act are:
– Section 43– Illegal access, the introduction of the virus, denial of
services, causing damage and manipulating computer accounts.
– Section 65– Tampering, destroying and concealing computer code.
– Section 66– Acts of hacking leading to wrongful loss or damage.
– Section 67– Acts related to publishing, transmission or causing
publication of obscene/ lascivious in nature.
– Legal Recognition of Electronic Documents
– Legal Recognition of Digital Signatures
– Offenses and Contraventions
– Justice Dispensation Systems for cyber crimes
What is a Digital Signature Certificate (DSC)?
• A Digital Signature Certificate or DSC is an electronic document
with a digital signature, its public key and other details such as
the name and E-mail address of the sender along with the date
on which the DSC was issued and the name of the Certifying
Authority.
Note: Digital Signatures are legal in India according to Section 3

of IT Act, 2000.
Certifying Authorities are the entities that issue Digital
Certificates for validation of the users electronically. The
Controller of Certifying Authority (CCA) has the responsibility of
authorizing entities with the task of issuing Digital Signature
Certificates. Under Section 17 of the IT Act, the Central
Government appoints the CCA.
Digital Signature and Certificate
Non-Applicability of the IT Act 2000
According to Section 1 (4) of the Information Technology Act, 2000,
the Act is not applicable to the following documents:
• Execution of Negotiable Instrument under Negotiable
Instruments Act, 1881, except cheques.
• Execution of a Power of Attorney under the Powers of Attorney
Act, 1882.
• Creation of Trust under Indian Trust Act, 1882.
• Execution of a Will under the Indian Succession Act, 1925
including any other testamentary disposition by whatever name
called.
• Entering into a contract for the sale of conveyance of immovable
property or any interest in such property.
• Any such class of documents or transactions as may be notified
by the Central Government in the Gazette.
Classification of Cyber Crimes
Cybercrimes are classified into three broad groups:
 Crimes against individual
 Email harassment
 Cyber-stalking
 Fraud and also cheating
 Unauthorized access or control over the computer system
 Crimes against organization
 Possessing unauthorized information
 Cyber terrorism against a government organization
 Distributing pirated software
 Crimes against society
 Online Gambling
 Financial crimes
The Information Technology (Amendment) Act, 2008
Some of the notable features of the ITAA are as follows:
• Focussing on data privacy
• Focussing on Information Security
• Defining cyber café
• Making digital signature technology neutral
• Defining reasonable security practices to be followed by corporate
• Redefining the role of intermediaries
• Recognising the role of Indian Computer Emergency Response Team
• Inclusion of some additional cyber crimes like child pornography and cyber
terrorism
• authorizing an Inspector to investigate cyber offences (as against the DSP earlier)
Structure of the ITAA 2008 and its relation to
other Acts
The Act totally has 13 chapters and 90 sections

(the last four sections namely sections 91 to 94
in the ITA 2000 dealt with the amendments to
the four Acts namely the Indian Penal Code
1860, The Indian Evidence Act 1872, The
Bankers’ Books Evidence Act 1891 and the
Reserve Bank of India Act 1934).
Structure of the ITAA 2008 and its relation to other Acts
Civil penalties and criminal offences
Civil Wrong
• Denying authorised person access to computer –Sec 43(f)

• Charging the service availed by a person to an account of another
person by tampering and manipulation of other computer Sec
43(h)
• Failure to furnish information, return, etc. to the Controller or
Certifying Authority Sec - 44
Civil penalties and criminal offences
Criminal Wrong
• Hacking computer system - 66(1)
• Electronic forgery for the purpose of cheating
Sec 74
• Unauthorised access to protected system 70
REAL TIME PROBLEM – CASE STUDY
Sec. 66C of IT Act : Punishment for identity theft. -Whoever, fraudulently or dishonestly
make use of the electronic signature, password or any other unique identification feature
of any other person, shall be punished with imprisonment of either description for a term
which may extend to three years and shall also be liable to fine with may extend to rupees
one lakh.
Sec. 66D of IT Act. Punishment for cheating by personation by using computer resource.
Whoever, by means for any communication device or computer resource cheats by
personating, shall be punished with imprisonment of either description for a term which
may extend to three years and shall also be liable to fine which may extend to one lakh
rupees.
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Information Technology Law

• Electronic Commerce Act, 1998

• E-Commerce Laws drafted in India following UNCITRAL

Model recommended by UNO.

• This was over-ridden by the Information Technology Bill

1999 in December 1999

interchange and other means of electronic communication, commonly referred to as

"electronic commerce", which involve the use of alternatives to paper-based methods of

communication and storage of information, to facilitate electronic filing of documents with

Act, 1934 and for matters connected therewith or incidental thereto.

Note: Digital Signatures are legal in India according to Section 3

• Focussing on Information Security

• Defining cyber café

• Making digital signature technology neutral

• Defining reasonable security practices to be followed by corporate

• Redefining the role of intermediaries

• Recognising the role of Indian Computer Emergency Response Team

The Act totally has 13 chapters and 90 sections

• Denying authorised person access to computer –Sec 43(f)

Whoever, by means for any communication device or computer resource cheats by

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