File Name: concept of cybercrime and the it act 2000 .zip
Sending threatening messages by e-mail Sec.
- Offences Under IT Act, 2000
- Cyber security framework under the IT Act in India
- Offences Under IT Act, 2000
- Cyber Laws Part II: A guide for victims of cyber crime
Offences Under IT Act, 2000
Editors Note: The high and speedier connectivity to the world from any place has developed many crimes and these increased offences led to the need of law for protection. The IT Act was the result of such a need and this paper analyzes the offences under this Act. The introduction of the internet has brought tremendous changes to our lives. People of all fields are increasingly using the computers to create, transmit and store information in the electronic form instead of the traditional papers, documents.
Information stored in electronic forms has many advantages, it is cheaper, easier to store, easier to retrieve and for speedier to connection.
Though it has many advantages, it has been misused by many people in order to gain themselves or for the sake or otherwise to harm others. The high and speedier connectivity to the world from any place has developed many crimes and these increased offenses led to the need for a law for protection. Some countries have been rather been vigilant and formed some laws governing the net.
In order to keep in pace with the changing generation, the Indian parliament passed the law — Information Technology Act , Cybercrime is a generic term that refers to all criminal activities done using the medium of computers, the Internet, cyberspace and the worldwide web. Debarati Halder and Dr. Internationally, both governmental and non-state actors engage in cybercrimes, including espionage, financial theft, and other cross-border crimes.
Cyber Crime is not defined officially in the IT Act or in any other legislation. In fact, it cannot be too. Offense or crime has been dealt with elaborately listing various acts and the punishments for each, under the Indian Penal Code, and related legislation.
Cybercrime in a narrow sense computer crime : Any illegal behavior directed by means of electronic operations that targets the security of computer systems and the data processed by them. Cybercrime in a broader sense computer-related crime :.
The increased rate of technology in computers has led to the enactment of Information Technology Act The converting of the paperwork into electronic records, the storage of the electronic data, has tremendously changed the scenario of the country. Offenses: Cyber offenses are the unlawful acts which are carried in a very sophisticated manner in which either the computer is the tool or target or both. Cybercrime usually includes:. The offenses included in the IT Act are as follows [xiv] :.
Section 65 of this Act provides that Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer Programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the being time in force, shall be punishable with imprisonment up to three year, or with fine which may extend up to two lakh rupees, or with both.
Section 65 is tried by any magistrate. This is cognizable and non- bailable offense. The author of the application challenged the notification and the constitutional validity of software under Section The court upheld the validity of both. It included tampering with source code. Computer source code the electronic form, it can be printed on paper.
Syed Asifuddin case [xvii] :. Facts: In this case, several terrorists attacked Parliament House on 13 December In this Case, the Digital evidence played an important role during their prosecution. The accused argued that computers and evidence can easily be tampered and hence, should not be relied. In Parliament case, several smart device storage disks and devices, a Laptop was recovered from the truck intercepted at Srinagar pursuant to information given by two suspects. The laptop included the evidence of fake identity cards, video files containing clips of the political leaders with the background of Parliament in the background shot from T.
V news channels. No back up was taken. Therefore, it was challenged in the Court. Held: Challenges to the accuracy of computer evidence should be established by the challenger. Mere theoretical and generic doubts cannot be cast on the evidence. Punishment: Imprisoned up to three years and fine which may extend up to two lakh rupees Or with both.
In this case, it is observed that the accused gained access to the British telecom Prestl Gold computers networks file amount to dishonest trick and not a criminal offense. In this case, the accused gained unauthorized access to the Joint Academic Network JANET and deleted, added files and changed the passwords to deny access to the authorized users.
The perspective of the section does not merely protect the information but to protect the integrity and security of computer resources from attacks by unauthorized person seeking to enter such resource, whatever may be the intention or motive.
Official website of Maharastra government hacked. The official website of the government of Maharashtra was hacked by Hackers Cool Al- Jazeera, and claimed them they were from Saudi Arabia.
Section 67 of this Act provides that Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstance, to read see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.
E-mails were forwarded to the victim for information by the accused through a false e-mail account opened by him in the name of the victim. These postings resulted in annoying phone calls to the lady. Based on the complaint police nabbed the accused. He was a known family friend of the victim and was interested in marrying her. She married to another person, but that marriage ended in divorce and the accused started contacting her once again.
And her reluctance to marry him he started harassing her through the internet. The accused paid fine amount and he was lodged at Central Prison, Chennai. This is considered the first case convicted under section 67 of Information Technology Act in India. Fortunately, they did not believe the emails and chose to take the matter to the police. The law on the subject is very clear. The sections slapped on the three accused were Section sale, distribution, public exhibition, etc.
In addition, the schoolboy faces a charge under Section of the IPC destruction of evidence , for there is apprehension that he had destroyed the mobile phone that he used in the episode. Section 68 of this Act provides that 1 The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder.
Explanation: Any person who fails to comply with any order under subsection 1 of the above section, shall be guilty of an offense and shall be convicted for a term not less than three years or to a fine exceeding two lakh rupees or to both.
Punishment: Imprisonment up to a term not exceeding three years or fine not exceeding two lakh rupees. Punishment: Imprisonment for a term which may extend to seven years. The offense is cognizable and non- bailable. Only authorized person has the right to access to protected system. Punishment: The imprisonment which may extend to ten years and fine.
Section 71 provides that- 1 Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or which fine which may extend to one lakh rupees, or with both.
Section 72 provides that- Save as otherwise provide in this Act or any other law for the time being in force, any person who, in pursuance of any of the powers conferred under this Act, rules or regulation made thereunder, has secured assess to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
If such a person discloses such information, he will be punished. It would not apply to disclosure of personal information of a person by a website, by his email service provider. Punishment: Term which may extend to two years or fine up to one lakh rupees or with both. Section 73 provides that — 1 No person shall publish a Digital Signature Certificate or otherwise make it available to any other person with the knowledge that-.
The Certifying authority may also suspend the Digital Signature Certificate if it is of the opinion that the digital signature certificate should be suspended in public interest.
A digital signature may not be revoked unless the subscriber has been given opportunity of being heard in the matter. On revocation, the Certifying Authority need to communicate the same with the subscriber. Such publication is not an offense it is the purpose of verifying a digital signature created prior to such suspension or revocation. In the context of the digital medium, the term publication includes and transmission of information or data in electronic form. Section 74 provides that- Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which extends to one lakh rupees, or with both.
Punishment: Imprisonment for a term up to two years or fine up to one lakh or both. For the purposes of sub-section 1 , this Act shall apply to an offense or Contravention committed outside India by any person if the act or conduct constituting the offense or contravention involves a computer, computer system or computer network located in India.
Governor of Brixton prison and another [xxii]. Facts : In this case the Citibank faced the wrath of a hacker on its cash management system, resulting in illegal transfer of funds from customers account into the accounts of the hacker, later identified as Valdimer Levin and his accomplices.
After Levin was arrested he was extradited to the United States. It is thus important that in order to resolve the disputes related to jurisdiction, the issue of territoriality and nationality must be placed by much broader criteria embracing principles of reasonableness and fairness to accommodate overlapping or conflicting interests of states, in spirit of universal jurisdiction.
Provided that where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found is not responsible for the contravention of the provisions of this Act, rules orders or regulations made thereunder, the court may, instead of making an order for confiscation of such computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, make such other order authorized by this Act against the person contravening of the provisions of this Act, rules, orders or regulations made thereunder as it may think fit.
Penalties or confiscation not to interfere with other punishments:. Section 78 provides that — Notwithstanding anything contained in the Code of Criminal Procedure, , a police officer not below the rank of Deputy Superintendent of Police shall investigate any offense under this Act. Due to the increase in digital technology, various offenses are increasing day by day. Therefore, the IT Act need to be amended in order to include those offenses which are now not included in the Act.
In India, cybercrime is not of high rate. Therefore, we have time in order to tighten the cyber laws and include the offenses which are now not included in the IT Act Since the beginning of civilization, man has always been motivated by the need to make progress and better the existing technologies. This has led to tremendous development and progress which has been a launching pad for further developments.
Of all the significant advances made by mankind from the beginning to date, probably the most important of them is the development of the Internet. However, the rapid evolution of the Internet has also raised numerous legal issues and questions.
As the scenario continues to be still not clear, countries throughout the world are resorting to different approaches towards controlling, regulating and facilitating electronic communication and commerce. Kruse, Jay G. Heiser Computer forensics: incident response essentials.
Cyber security framework under the IT Act in India
The I.T. Act, defines the terms access in computer network in section 2(a), computer in section 2(i), computer network in section (2j), data in section 2(0) and information in section 2(v). In a cyber crime, computer or the data are the target or the object of offence or a tool in committing some other offence.
Offences Under IT Act, 2000
Editors Note: The high and speedier connectivity to the world from any place has developed many crimes and these increased offences led to the need of law for protection. The IT Act was the result of such a need and this paper analyzes the offences under this Act. The introduction of the internet has brought tremendous changes to our lives.
The preamble of the IT Act simply indicates that the Act is centred around affording legal recognition to transactions carried out electronically. However, the scope of the IT Act goes much beyond its preamble. It covers multiple areas including data protection and security, cybercrimes, adjudication of cyber disputes, government mandated surveillance of digital communication, and intermediary liability.
It is the most important law in India dealing with Cybercrime and E-Commerce. The main objective of this act is to carry lawful and trustworthy electronic, digital and online transactions and alleviate or reduce cybercrimes. The IT Act has 13 chapters and 90 sections.
Cyber Laws Part II: A guide for victims of cyber crime
Cyber law is a constantly evolving process. Cybercrime: An Overview of 18 U. With the advancement of Information Communication Technology and the good amount of knowledge shared through internet has encouraged the techno savoy young generation to indulge in cyber-crime. Bogus websites , Cyber Frauds Sec. More on CoE Cybercrime projects and framework for international cooperation. Document Group: Documents and Legislation. One of the most important issues concerning cyberspace today is that of Cyber crime.
Cybercrime , also called computer crime , the use of a computer as an instrument to further illegal ends, such as committing fraud , trafficking in child pornography and intellectual property, stealing identities , or violating privacy. Cybercrime, especially through the Internet , has grown in importance as the computer has become central to commerce, entertainment, and government. Because of the early and widespread adoption of computers and the Internet in the United States, most of the earliest victims and villains of cybercrime were Americans. By the 21st century, though, hardly a hamlet remained anywhere in the world that had not been touched by cybercrime of one sort or another. New technologies create new criminal opportunities but few new types of crime.
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