IT ACT 2000

IT ACT 2000 AND CYBERCRIME IN INDIA

WHAT IS CYBERCRIME

Cybercrime in the age of technology is common. with every work done by a single click ,this one click invite crime to your door.

The term cybercrime related to all those activities related to the computer , information technology and the internet.

example of cybercrime are fraud ,forgery ,DOS, consumption of  limited resources,cyber terrorism, IPR violation ,credit card fund ,hancking ,gambling , phishing and many more.

Information Technology Act, 2000

To combat cybercrime , the Government launches Information Technology Act,2000 which was later amended in 20008.

The original Act contained 94 section , divided into 13 chapters and 4 schedules.

Preamble OF IT ACT  ,2000

IT ACT 2000 Preambles  include :-

To provide legal recognition for transaction 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 document 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

SILENT FEATURES OF INFORMATION TECHNOLOGY ACT

The Act gives legal recognition of Electronic Documents.

The Act gives legal recognition of Digital Signatures.

It describes and elaborates Offerses, penalities and Contraventions.

It gives outlines of the Justice Dispensation Systems for cybercrimes.

The Act also provides for the constitution of the Cyber Regulations Advisory Committee,which shall advice the government as regards any rules ,or for any other purpose connected with the said act.

The said Act also proposed to amend to; The Indian Penal Code ,1860, The Indian Evidence Act ,1872,The Bnakers’ Books Evidence Act,1891, The Reserve Bank of India Act ,1934etc..

list of offences and the corresponding penalties:-

According to section 65:

offence – tampering with computer source documents.

penalty – imprisonment up to three years,or/and with fine up to rs 200,000.

According to section 66:

offence – hacking with computer system.

penalty – imprisonment up to three years or with fine up to rs 500,000.

According to section 66B:

offence- Receiving stolen computer or communication device.

penalty- imprisonment up to three or with fine up to rs 100,000.

According to section 66C :

Offence – using password of another person .

penalty-imprisonment up to three years or with fine up to rs 100,000.

According to section 66D:

Offence -cheating using computer resource.

penalty-  imprisonment up to three years or with fine up to rs 100,000.

According to section 66E:

Offence- publishing private images of others.

penalty-imprisonment up to three years or with fine up to rs 200,000.

According to section 66F:

offence -Acts of cyberterrorism

penalty-imprisonment up to life.

According to section 67:

Offence – publishing information which is obscene in electronic form.

Penalty – imprisonment up to five years , or with fine up to rs 1,000,000.

According to section 68:

Offence -failure to comply with orders.

Penalty – improvement up to 2 years , or with fine up to rs 100,000.

According to section 69:

Offence-failure to decrypt data.

Penalty – imprisonment up to seven years and possible fine.

According to section 70:

Offence – securing access or attempting to secure access to a protected system.

Penalty – imprisonment up to ten years , or with fine.

According to section 71:

Offence – misrepresentation

penalty- imprisonment up to 2 years , or with fine up to rs 100,000.

 According to section 72:

Offence – breach of confidentiality and privacy.

Penalty – imprisonment up to 2 years, or with fine up to rs 100,000.

According to section 72A:

Offence – disclosure of information in breach of lawful contract.

Penalty – imprisonment up to 3 years, or with fine up to rs 500,000.

According to section 73:

Offence – publishing electronic signature certification false in certain particulars

Penalty – imprisonment up to 2 years , or with fine up to rs 100,000.

According to section 74:

Offence – publication for fraudulent purpose .

Penalty – imprisonment up to 2 years, or with fine up to rs100,000.

•  Amendment

Section 66A was introduced by amendment made in 2008 .

The amendment was passed on 22 December 2008 by signature of Pratibha Patil .

It penalized sending “ offensive messages”.