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Transcript of IT Act of India
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INFORMATION
TECHNOLOGY ACT
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"The modern thief can steal more with a computer
than with a gun. Tomorrow's terrorist may be able todo more damage with a keyboard than with a
bomb".
National Research Council, "Computers atRisk", 1991.
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INTRODUCTION An Act to provide legal recognition for electronic transactions
carried out by means of electronic data interchange.
(Electronic Commerce or e-commerce).
To give legal recognition to digital signature for accepting any
agreement in electronic form. To facilitate electronic filing of documents with the Government
agencies.
To stop computer crime and protect privacy of internet users.
To give legal recognition for keeping books of accounts by bankersand other companies in electronic form.
To give more power to IPC,RBI and Indian Evidence Act for
restricting electronic crime.
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SCOPE
All electronic information except
A negotiable instrument (Sec 13, NIA 1881)
Power of attorney (Sec 1A, PAA 1882)
A trust (Sec 3, ITA 1882)
A will (Sec 2, ISA 1925)
Contract for sale of immovable property.
Other documents notified by the Central Government in the Official
Gazette.
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CRYPTOGRAPHY
Cryptography is the practice and study of techniques for
secure communication in the presence of third parties
(called adversaries).
Adversary is a malicious entity whose aim is to prevent
the users of the cryptosystem from achieving their goal
(primarily privacy, integrity, and availability of data).
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SYMMETRIC KEY CRYPTOGRAPHY
An encryption system in which the sender and receiver
of a message share a single, common key that is used to
encrypt and decrypt the message.
Symmetric-key systems are simpler and faster, but their
main drawback is that the two parties must somehow
exchange the key in a secure way. Public-key encryption
avoids this problem because the public key can bedistributed in a non-secure way, and the private key is
never transmitted.
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PUBLIC KEY CRYPTOGRAPHY
Public-key cryptography refers to a cryptographic system requiring
two separate keys, one to lock or encrypt the plaintext, and one to
unlock or decrypt the cyphertext.
A digital signature or digital signature scheme is a mathematical
scheme for demonstrating the authenticity of a digital message or
document. A valid digital signature gives a recipient reason to
believe that the message was created by a known sender, and that itwas not altered in transit.
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ADVANTAGESOF DS
Authentication: The process of proving one's identity.
Integrity: Assuring the receiver that the received
message has not been altered in any way from theoriginal.
Non-repudiation: A mechanism to prove that the sender
really sent this message.
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DIGITAL SIGNATURES
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SECRET KEY CRYPTOGRAPHY
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DIGITAL SIGNATURE CERTIFICATE
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WHAT A DSC CONTAINS The owner's public key
The owner's Distinguished Name
The Distinguished Name of the CA that is issuing the certificate
The date from which the certificate is valid
The expiry date of the certificate
A version number
A serial number
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E-GOVERNANCE AND
ELECTRONIC RECORDS
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E-COMMERCE
E-Commerce transactionsover the Internet include
Formation of Contracts
Delivery of Informationand Services
Delivery of Content
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E-GOVERNANCE
Application of ICTAim towards making govt. services available to
citizens in transparent manner.
Model of e-governance: One Stop portal
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ELECTRONIC RECORD
Electronic document produced by a computer.
Stored in digital form, and cannot be perceived
without using a computer.
Characteristics of Electronic Record:
It can be deleted, modified and rewrittenwithout leaving a mark.
A copy is indistinguishable from the original.
It cant be sealed in the traditional way, wherethe author affixes his signature.
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Compliances For
E-GOVERNANCE In IT ACT
Legal Recognition of Electronic Record
Legal Recognition of Digital Signatures
Use of Electronic Records in Government & Its
Agencies.Retention of electronic records.
Power to make rules by Central Government inrespect of digital signature.
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Attribution Of Electronic Record
An electronic record shall be attributed to the
originator in following cases:
I. Sent by Himself
II. Authorized person on behalf of him
III. Information System on behalf of that person.
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Acknowledgement Of
ELECTRONIC RECORD
If Originator has not specified particular method- Any
communication automated or otherwise or conduct
to indicate the receipt
If specified that the receipt is necessary- Then unlessacknowledgement has been received Electronic
Record shall be deemed to have been never sent
Where ack. not received within time specified or
within reasonable time the originator may give notice
to treat the Electronic record as though never sent
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Dispatch Of Electronic Record
Unless otherwise agreed dispatch occurs when ER enters
resource outside the control of originator
If addressee has a designated computer resource , receipt
occurs at time ER enters the designated computer, ifelectronic record is sent to a computer resource of
addressee that is not designated , receipt occurs when ER
is retrieved by addressee
If no computer resource designated- when ER enterscomputer resource of addressee, it shall be deemed to be
received by the addressee.
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CASE IN POINT :
NDMC ELECTRICITY BILLING FRAUD CASE
A private contractor was to deal with receipt and
accounting of electricity bills by the NDMC, Delhi.
Collection of money, computerized accounting,record maintenance and remittance in the bank was
his responsibility. He misappropriated huge amount
of funds by manipulating data files to show less
receipt and bank remittance.
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SECURE ELECTRONIC RECORDS
AND SECURE DIGITAL
SIGNATURES
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DEFINITIONS security proceduremeans the security procedure
prescribed by the Central Government under the ITAct, 2000.
secure electronic record where any security
procedure has been applied to an electronic recordat a specific point of time, then such record shall bedeemed to be a secure electronic record from suchpoint of time to the time of verification
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SECURE DIGITAL SIGNATURE If by application of a security procedure agreed to
by the parties concerned, it can be verified that a
digital signature, at the time it was affixed, was:
(a) unique to the subscriber affixing it;(b) capable of identifying such subscriber;(c) linked to the electronic record to which it relatesin such a manner that if the electronic record was
altered the digital signature would be invalidated,
then such digital signature shall be deemed to be a
secure digital signature.
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"Certifying Authority" means a person who has been
granted a licence to issue a Digital Signature Certificate Controller is appointed by Central Government
as a body to supervise the working of certifying
authorities.
Certifying authority to follow certain procedures Use hardware, software and procedures that are secure
Should provide reliable services
Adhere to security procedure so assure the security and
privacy of the digital signature
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Functions of Controller
Shall exercise supervision over the activities of Certifying
Authorities
Lay down standards and conditions governing Certifying
Authorities Specify various forms and content of Digital Signature
Certificates
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Power to delegate Controller can authorize the Deputy/Assistant controller or anyother officer to exercise any power of the controller
Power to investigate contraventions Controller or any authorized officer can take up investigation under thisAct
Access to computer and data If Controller or any authorized officer have reasonable confidence of anyviolation of the act by a person, can access the computer, network and other
hardware of that person
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Controller to act as repository Repository of Digital Signature issued by certifying authorities Maintain the secrecy and security of digital signature Maintain a database of Public key and should be accessible topublic
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Licence to issue Digital Signature
Certificates Any person can apply for the licence
Successful applicant needs proper qualification, expertise,manpower, financial resources and other infrastructure facilities
Valid for some period as prescribed by Central government
Not transferable or heritable Subjected to term and conditions specified by regulators
Procedure for grant or rejection of licence
Controller can reject the application based on the documentsprovided
But it should give applicant an opportunity to present his/hercase before rejecting the licence
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Suspension of licence Incorrect or false material failed to comply with terms and conditions failed to maintain the standards violation of any provision of this Act
Notice of suspension or revocationof licence Should publish the notice in database maintained
the database should be accessible to applicant through web siteor any other mean
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Display of Licence. Certifying Authority shall display the licence in the premises where itcarries the business
Surrender of Licence
Should surrender the licence after it is suspended or revoked Otherwise, the person on whose name licence is issued shall be
punished with imprisonment up to six months or fine up to 10K or both
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Disclosure Certifying authorities should disclose its Digital Signature used to digitally sign the other DigitalSignature Certificates
notice of suspension or revocation, if any any fact that affect the reliability or service of the Certifying
Authority
Any event or situation which may adversely affect computer systemor the conditions subject to which Digital Signature was granted, then
Certifying Authority shall
use reasonable efforts to notify the person who is likely toaffected by it use the specified procedures to deal with the situation.
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PENALITIES AND
ADJUDICATION
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Penalty for damage to computer, computer
system, etc.
If any person without any permission from the owner or any other person who is incharge of a computer, computer system or computer network, -
Accesses to such computer.
Downloads, copies or extracts any data.
Introduces any computer virus. Causes damage to computer or data inside it.
Causes disruption of any computer.
Causes the denial of access to any authorized person.
Tampering with the account of any person.
He shall be liable to pay damages by way of compensation not exceedingone crore rupees to the person so affected.
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Penalty for failure to furnish information
return etc.,
If any person who is required under this act or any rules or regulations made there
under to-
Fails to furnish the document to the Controller.
Fails to furnish the document in the specified time period.
Fails to maintain account books or records.
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Penalty for sending obscene emails
Sending obscene emails are punishable under Section 67 of the
IT Act.
First conviction imprisonment for a term of five years and a fine upto1 lakh rupees.
If convicted a second time imprisonment may extend upto 10 yrs andfine upto 2 lakh rupees.
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STATEOFTAMIL NADU VS SUHAS KATTI
CONVICTION
The case related to posting of obscene, defamatory and annoying
message about a divorcee woman in the yahoo message group. E-
Mails were also forwarded to the victim for information by the
accused through a false e-mail account opened by him in the name
of the victim. The posting of the message resulted in annoying phonecalls to the lady in the belief that she was soliciting.
The accused was a known family friend of the victim and was
reportedly interested in marrying her. She however married another
person. This marriage later ended in divorce and the accused started
contacting her once again. On her reluctance to marry him, the
accused took up the harassment through the Internet.
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VERDICT
the accused is convicted and is sentenced for the offence to
undergo RI for 2 years under 469 IPC and to pay fine of
Rs.500/-and for the offence u/s 509 IPC sentenced to
undergo 1 year Simple imprisonment and to pay fine of
Rs.500/- and for the offence u/s 67 of IT Act 2000 to undergoRI for 2 years and to pay fine of Rs.4000/- All sentences to
run concurrently.
The accused paid fine amount and he was lodged at Central
Prison, Chennai. This is considered as the first case convicted
under section 67 of Information Technology Act 2000 in India.
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Residual Penalty
Whoever contravenes any rules or regulations made under this act, for thecontravention of which no penalty has been separately provided, shall be
liable to pay a compensation not exceeding twenty thousand rupees to the
person affected.
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Act to apply for offence or contravention
committed outside India
Subject to the provisions of sub-section.
The provisions of this Act shall apply also to any offence or
contravention committed outside India by any person irrespective
of his nationality.
Contravention committed outside India by any person if the act or
conduct constituting the offence or contravention involves a
computer, computer system or computer network located in India.
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Power to Adjudicate
The officer to be appointed should have experience in the field of
Information Technology and legal or judicial experience.
Officer not below the rank of Director to the Government of India is
appointed as an adjudicating officer.
The appointed officer is given all the rights to impose the concerned penalty.
Every adjudicating officer has the powers of a civil court under subsection(2) of section 58, and--
All proceedings are deemed to be judicial proceedings within the
meanings of sections 193 and 228 of Indian Penal Code.
Are deemed to be a civil court for the purposes of sections 345 ad
346 of Code of Criminal Procedure, 1973.
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Factors taken into account by
adjudicating officerWhile adjudging the quantum of compensation under this chapter, the
adjudicating officer shall have due regard to the following factors, namely-
The amount of gain of unfair advantage .
The amount of loss caused to any person. The repetitive nature of default.
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THE CYBER REGULATION APPELLATE
TRIBUNAL
ESTABLISHMENT OF CYBER APPELLATE
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ESTABLISHMENTOF CYBER APPELLATE
TRIBUNAL
The Central Government establishes one or more appellatetribunals to be known as the Cyber Appellate Tribunal
It has been established under the IT Act under the aegis of theController of Certifying Authorities (CCA)
First and only CAT in the country established by the CentralGovernment in accordance with the provision of the containedunder the Section 48 (1) of the IT Act, 2000
Started functioning in Oct. 2006 in New Delhi and headed byHonble Mr Justice Rajesh Tandon
The Central Government also specifies the matters and places towhich the Cyber Appellate Tribunal may exercise jurisdiction
The Cyber Appellate Tribunal shall consist of one presiding officerwho is appointed, by notification, by the central government andany such number of other members
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QUALIFICATIONSOFTHE PRESIDING OFFICER
Any person is qualified for appointment to office, given that
the person:
is or has been, or is qualified to be, a Judge of a High Court
is or has been a member of the Indian Legal Service and is
holding or has held a post in Grade I of that Service for atleast three years.
The presiding officer can hold office for a term of 5 years
from the date on which he enters upon his office or until he
attains the age of 65 years, whichever is earlier.
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FILLINGOF VACANCIES
For reasons other than temporary absence, if any vacancy
occurs in the office of Presiding Officer of a Cyber Appellate
Tribunal, then the Central Government shall appoint another
person according to the provisions of the act.
The proceedings, if any, may continue once the vacancy has
been filled.
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REMOVALAND RESIGNATION
The presiding officer of CRAT may, by notice in writing to the
central government, resign his office
The presiding officer of Cyber Appellate Tribunal shall not be
removed from his office, except by an order of the centralgovernment, on the ground of proven misbehavior or
incapacity .
The central government may, by rules, regulate the procedurefor investigating the misbehavior or incapacity of the
aforesaid Presiding Officer.
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STAFFOF CYBER APPELLATE TRIBUNAL
The Central government shall provide the Tribunal with such
officers and employees as the government may think fit
The officers can discharge their duties under the supervision
of the Presiding Officer.
The salaries, allowances and other conditions of service shall
be prescribed by the Central Government
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APPEALTO CYBER APPELLATE TRIBUNAL
Any person aggrieved by an order made by Controller or an
adjudicating officer may appeal to the Appellate
Every appeal shall be made within forty five days from the
date on which a copy of the order made by the Controller orthe adjudicating officer is received by the aggrieved person.
On receipt of an appeal, the Cyber Appellate Tribunal may
pass orders to confirm, modify or set aside the orderappealed against.
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CONTD
The appellate must also send a copy of every order made by
it to, the parties to the appeal and to the concerned
Controller.
The appeal filed before the Cyber Appellate Tribunal shall bedealt with as expeditiously as possible and endeavor shall be
made by it to dispose of the appeal finally within six months.
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PROCEDURESAND POWERS
The Appellate Tribunal shall have powers to regulate its own
procedure including the place at which it shall have its
sittings.
The cyber appellate tribunal shall have, for the purposes ofthe act, the same powers as vested in a civil court for e.g.
summoning and enforcing the attendance of any person,
requiring discovery of documents etc
Every proceeding before the cyber appellate tribunal shall be
deemed to be judicial.
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RIGHTTOLEGAL REPRESENTATION
The appellant may either appear in person or authorize one
or more legal practitioners to present his case before the
Tribunal.
No civil court has any jurisdiction in the proceedings thatcome under the purview of the Tribunal.
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APPEALTO HIGH COURT
Any person aggrieved by any decision or order of the Cyber
Appellate Tribunal may file an appeal to the High Court within
sixty days from the date of communication of the decision or
order of the Cyber Appellate Tribunal to him on any question
of fact or law arising out of such order
The High Court may also, if satisfied, let the person file a case
beyond that in some cases.
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RECOVERY OF PENALTY
A penalty imposed under this Act, if it is not paid,
shall be recovered as an arrear of land revenue and
the licence or the Digital Signature Certificate, as
the case may be, shall be suspended till the penalty
is paid
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CYBER CRIMES
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CYBER CRIMES
S65 : tampering with computer source documents
S66 : hacking with computer system
S67 : publishing the information which is obscene in
electronic form
S70 : un-authorized access to protected system
S72 : breach of confidentiality
S73 : publishing false digital signature
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FACTSRELATEDTO CYBER CRIMES
According to National Crime Records Bureau India
Report
Cyber Crimes (IT Act + IPC Sections) increased by22.7% in 2007 as compared to 2006 (from 453 in 2006
to 556 in 2007) Cyber Forgery 64.0% (217 out of total 339) and Cyber
Fraud 21.5% (73 out of 339) were the main cases
under IPC category for Cyber Crimes.
63.05 of the offenders under IT Act were in the age
group 18-30 years (97 out of 154) and 55.2% of the
offenders under IPC Sections were in the age group 30-
45 years (237 out of 429).
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S65 : TAMPERINGWITHSOURCECODE
"computer source code" means the listing of
programmes, computer commands, design and layout
and programme analysis of computer resource in any
form.
Tempering occurs when someone: Conceals
Destroys
Alters
Punishment Imprisonment upto 3 years
Fine upto 2L
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EXAMPLE
A big mobile services company launched a famous scheme wherein this companywas giving an expensive hand-set at a very low cost but with a lock-in period of 3
years in which the mobile subscriber has to pay a fixed monthly rental and a
premium call charge to such mobile services company.
A special computer program / technology was used by this mobile services company
wherein the hand-set can only be used with this mobile services and not with othermobile services.
Employees of a completing mobile services company lured the customers of the
above company to alter / tamper with the special (locking) computer program /
technology so that the hand-set can be used with the competing mobile services
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S66 : HACKING
Someone who is not an authentic user uses
someone elses account
Hacking occurs when there is
Wrongful loss
Damage to the public
Person destroys, deletes, alters any info or
diminishes in value
Punishment
Imprisonment upto 3 years
Fine upto 2L
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EXAMPLE
Two BPO employees gained illegal access to their
companys computer system by hacking with the
passwords. They conspired with son of a credit card
holderand illegally increased the credit limit of the
card and changed the communication address so thatcredit card statement never reaches the original card
holder. The credit card company was cheated about
Rs. 7.2 laks.
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S67 : PUBLISHINGOFOBSCENEINFO
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 to read, see or hear
Punishment
Imprisonment upto 5 years and fine upto 1L Imprisonment upto 10 years and fine upto 2L
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EXAMPLE
Some unknown person had created an email ID usingthe name of a lady and had used this email ID to post
messages on five Web pages describing her as a call
girl along with her contact numbers
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S69 : DIRECTIONSOF CONTROLLERTO
SUBSCRIBERTODECRYPTINFORMATION
Controller can direct government agency to interceptany information transmitted through any computersource if
Interest of sovereignty
integrity of India
the security of the State
friendly relations with foreign Stales
public order
for preventing incitement to the commission of any
cognizable offence Imprisonment upto 7 years
The subscriber or any person who fails to assist theagency referred to in sub-section
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S70
(1) The appropriate Government may, by notification inthe Official Gazette, declare that any computer,computer system or computer network to be a protectedsystem.
(2) The appropriate Government may, by order inwriting, authorize the persons who are authorized toaccess protected systems notified under sub-section.
(3) Any person who secures access or attempts tosecure access to a protected system in contravention ofthe provisions of this section shall be punished withimprisonment of either description for a term which mayextend to ten years and shall also be liable to fine.
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S71: Penalty for misrepresentation.-
Whoever makes any misrepresentation, to, or suppresses any
material fact from, the Controller or the Certifying Authority forobtaining any license or Digital Signature Certificate, as the case
may be, shall be punished with imprisonment for a terms which may
extend to two years, or with fine which may extend to one lac rupees,
or with both.
S72 : breach of confidentiality
Person having secured access to any electronic record, book,
register, correspondence, information, document or other
material without the consent of a person concerned disclosesthe document
Imprisonment upto 2 years
Fine upto 1L
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S73: publishing false digital signature
No person can issue digital signature if
The certifying authority has not issued it
Subscriber in the certificate has not accepted it
certificate has been suspended
Imprisonment upto 2 years
Fine upto 1L
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LIABILITY ON NETWORK
SERVICE PROVIDERS
S79
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S79 : NOLIABILITYONNETWORKSERVICE
PROVIDERS
No person providing service as a network serviceprovider shall be liable if he proves that the offence was
committed without his knowledge
Network service provider : intermediary
third party information : any information dealt with by anetwork service provider in his capacity as an
intermediary
The criminal liability on the network service providers
has been defined by the provisions of sub section (1)
Eg: Case of issuing SIM cards through stolen Ids
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MISCELLANEOUS
POWER TO ENTER SEARCH
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POWER TO ENTER, SEARCH,
ETC.
Irrespective of anything contained in the Code of Criminal
Procedure, 1973.
Police officer, not below the rank of a Deputy Superintendent
of Police.
Any other officer of the Central Government or a State
Government authorised by the Central Government
Public place
PUBLIC
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SERVANTS
The Presiding Officer
Other officers and employees of a Cyber Appellate Tribunal
The Controller
The Deputy Controller
The Assistant Controllers
POWER TO GIVE DIRECTIONS
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POWER TO GIVE DIRECTIONS
The Central Government may give directions to any State
Government.
Implementation of provisions of this Act.
PROTECTION OF ACTION TAKEN
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PROTECTION OF ACTION TAKEN
IN GOOD FAITH
No suit, prosecution or other legal proceeding
Central Government, State Government
The Controller, any person acting on his behalf
The Presiding Officer
Adjudicating officers
The staff of the Cyber Appellate Tribunal
REMOVAL OF DIFFICULTIES
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REMOVAL OF DIFFICULTIES
Central Government can make provisions consistent with the
provisions of the Act.
No order shall be made after the expiry of 2 years from the
commencement of this Act.
POWER OF CENTRAL
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POWER OF CENTRAL
GOVERNMENT
To carry out the provisions of this Act.
Manner of authentication of Digital Signatures
Method and form of filing of Electronic Records
Security procedure for creating secure electronic records and
secure digital signature
Terms and conditions of service of officials.
Any other matter required to be prescribed.
CONSTITUTION OF ADVISORY
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CONSTITUTION OF ADVISORY
COMMITTEE
Cyber Regulations Advisory Committee - a Chairperson and
other members.
Shall advice:
- Central government regarding rules or any purpose
related to this Act.
- The Controller in framing regulations under this Act.
POWER OF CONTROLLER TO
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POWER OF CONTROLLER TO
MAKE REGULATIONS
The Controller - after consultation with the Cyber Regulations
Advisory Committee.
Previous approval of the Central Government.
Make laws consistent with the Act.
Maintenance of data-base containing the disclosure record of
every Certifying Authority.
Statements that shall accompany an application.
POWER OF STATE
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POWER OF STATE
GOVERNMENT
Can make rules to carry out provisions of this Act.
The electronic form in which filing, issue, grant of receipt or
payment shall be effected.
Any other matter which is required to be provided by rules by
the State Government.
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THANK YOU