India Legislation

8/11/2019 India Legislation

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CYBERCRIME

LEGISLATION IN INDIA


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A PRESENTATIONBY

PAVAN DUGGAL,ADVOCATE,

SUPREME COURT OF INDIA

PRESIDENT, CYBERLAW ASIA

CHAIRMAN,

ASSOCHAM CYBERLAW

COMMITTEE


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CYBERCRIME LEGISLATIONIN INDIA (Contd.)

DR. L. PRAKASHDR. L. PRAKASH-- INDIAINDIAS FIRST LIFES FIRST LIFE

TIMER CYBER CRIMINALTIMER CYBER CRIMINAL

FEBRUARY 7, 2008-

'Sex doctor' gets life in

cyber-porn case

CNN-IBN


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IMPORTANT CASES

ARIF AZIM CASE

SUHAS KATTI CASE

BAAZEE.COM CASE

SANJAY KUMAR KEDIA CASE

AHMEDABAD MUTH CHILD BLESSINGCASE


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CYBERCRIME LEGISLATION ININDIA (Contd.)

NO DEDICATED CYBERCRIME

LEGISLATION IN INDIA

SOME CYBERCRIMES COVERED

UNDER THE INFORMATION

TECHNOLOGY ACT , 2000.


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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.


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Various cyber offences defined.Various cyber offences defined.

Cyber offences to be investigated only byCyber offences to be investigated only bya Police Officer not below the rank of thea Police Officer not below the rank of the

Inspector (now), Deputy SuperintendentInspector (now), Deputy Superintendentof Police( earlier).of Police( earlier).


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CYBERCRIME LEGISLATION IN INDIA

(Contd.)

Breach of security done dishonestly or fraudulentlyattracts consequences of civil and criminal liability.

If a person without the permission of owner or anyother person in charge of a computer, computersystem or computer network, accesses or securesaccess to such computer, computer system or

computer network, the said acts are torts and crimesunder the Indian cyberlaw.


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Downloading, copying or extracting any data,computer database or information from suchsystem or introducing any computer virus into

the same or damaging, destructing or causing tobe damaged or disruption of the same or

denying the access to any authorized personof the same.


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CYBERCRIME LEGISLATION

IN INDIA (Contd.)

Providing any assistance to any person for doingany of the acts mentioned above, are offences

punishable with three years imprisonment andINR 500,000/- fine.


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CYBERCRIME LEGISLATION IN

INDIA (Contd.)

Tampering with computer source documents Section 65

Computer related offences - Section 66-Occurs when there isintent to cause or knowledge that one is likely to cause wrongful

loss or damage to the public or any person by destroying ordeleting or altering any information residing in a computerresource or diminishing its value or utility or affecting itinjuriously by any means.

Publishing of information which is obscene in electronic form -Section 67.


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INDIA (Contd.)

Sending offensive messages through communicationSending offensive messages through communicationservice.service.

Dishonestly receiving stolen computer resource orDishonestly receiving stolen computer resource or

communication device.communication device.Cheating by personation by using computer sourceCheating by personation by using computer source

IIdentity theftdentity theft

Violation of privacyViolation of privacy


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Cyber terrorism made a heinousCyber terrorism made a heinous

cybercrimecybercrime

Defined in the widest possible termsDefined in the widest possible terms

Punishable with imprisonment which mayPunishable with imprisonment which may

extend to imprisonment for life and fine.extend to imprisonment for life and fine.


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INDIA (Contd.)

Publishing of information which is obscene in

electronic form.

Publishing or transmitting or causing to bepublished in the electronic form, any material

which is lascivious or appeals to the prurientinterest or if its effect is such as to tend to deprave

and corrupt persons who are likely, having regardto all relevant circumstances, to read, see or hearthe matter contained or embodied in it.


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INDIA (Contd.)

On first conviction - imprisonment of eitherdescription for a term which may extend to threeyears and with fine which may extend to five lakh

rupees.

Second or subsequent conviction - imprisonment

of either description for a term which may extendto five years and also with fine which may extendto ten lakh rupees.


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CHILD PORNOGRAPHY

Whoever,Whoever,(a)(a)publishes or transmits or causes to be published or transmittedpublishes or transmits or causes to be published or transmitted

material in any electronic form which depicts children engaged imaterial in any electronic form which depicts children engaged inn

sexually explicit act or conduct; orsexually explicit act or conduct; or

(b)(b)facilitates abusing children online,facilitates abusing children online,

shall be punished on first conviction with imprisonment ofshall be punished on first conviction with imprisonment of

either description for a term which may extend to five years andeither description for a term which may extend to five years and

with fine which may extend to ten lakh rupees and in the event owith fine which may extend to ten lakh rupees and in the event offsecond or subsequent conviction with imprisonment of eithersecond or subsequent conviction with imprisonment of either

description for a term which may extend to seven years and alsodescription for a term which may extend to seven years and also

with fine which may extend to ten lakh rupeewith fine which may extend to ten lakh rupee


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INDIA (Contd.)

INTERCEPTIONINTERCEPTION

The new amendments have strengthened theThe new amendments have strengthened the

hands of the nation by increasing the ambit ofhands of the nation by increasing the ambit ofthe powers of interception of the Government,the powers of interception of the Government,

Interception, blocking and monitoring powersInterception, blocking and monitoring powers

have been more detailed and elaborately stated.have been more detailed and elaborately stated.


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Barring cyber terrorism and breach ofBarring cyber terrorism and breach ofprotected system the law has made cyber crimesprotected system the law has made cyber crimes

today as bailable offence where bail is entitled astoday as bailable offence where bail is entitled as

a mater of right . This is given a completelya mater of right . This is given a completelynonnon--serious approach to cyber crimes.serious approach to cyber crimes.

Police invariably are not interested in registeringPolice invariably are not interested in registering

cyber crimes.cyber crimes.


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Practical experience has shown that after thePractical experience has shown that after theamendments accused once out of bail go aheadamendments accused once out of bail go ahead

and delete the concerned electronic evidenceand delete the concerned electronic evidence

thereby making it impossible before it would bethereby making it impossible before it would beprosecuted and convicted.prosecuted and convicted.

No cybercrime conviction after the IT ActNo cybercrime conviction after the IT Act

amendmentsamendments


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There is a need for further amending the InformationThere is a need for further amending the InformationTechnology Act.Technology Act.

There is further need for effectively providing mechanismsThere is further need for effectively providing mechanismsand methodologies for appropriate retention of electronicand methodologies for appropriate retention of electronic

evidence.evidence.

Inability to retain electronic evidence properly in accordanceInability to retain electronic evidence properly in accordance

with the law is one of the biggest challenges for the successfulwith the law is one of the biggest challenges for the successful

prosecution of cyber crimes.prosecution of cyber crimes.


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There is a need for cohesive, comprehensiveThere is a need for cohesive, comprehensiveapproach in tackling cyber crimes in terms ofapproach in tackling cyber crimes in terms of

having an stringent legislation and effectivehaving an stringent legislation and effective

enforcement.enforcement.

Need for empowering the relevant stake holdersNeed for empowering the relevant stake holders

with the relevant awareness, tools and wherewithalwith the relevant awareness, tools and wherewithal

for ensuring the successful convictions of suchfor ensuring the successful convictions of such

cyber criminals.cyber criminals.


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A PRESENTATIONBY

PAVAN DUGGAL,

ADVOCATE,

SUPREME COURT OF INDIA

PRESIDENT, CYBERLAW ASIA

CHAIRMAN,

ASSOCHAM CYBERLAWCOMMITTEE

India Legislation

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