The information technology act 2000

[annie]

THE INFORMATION TECHNOLOGY ACT 2000

In India the Information Technology Act 2000 was passed to provide legal recognition
for transactions carried out by means of electronic communication. The Act deals with the law
relating to Digital Contracts, Digital Property, and Digital Rights Any violation of these laws
constitutes a crime. The Act prescribes very high punishments for such crimes. The
Information Technology (amendment) Act, 2008(Act 10 of 2009) , has further enhanced the
punishments. Life imprisonment and fine upto rupees ten lakhs may be given for certain classes
of cyber crimes. Compensation up to rupees five crores can be given to affected persons if
damage is done to the computer, computer system or computer network by the introduction of
virus, denial of services etc.(S. 46(1-A))

Sections 65-74 the Act specifically deal with certain offences, which can be called Cyber Crimes

1. Tampering with any computer source code used for a computer, computer programme,
computer system or computer network, is punishable with imprisonment up to three years,
or with fine which may extend up to two lakh rupees, or with both. "Computer source code" means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form.(S.65)

2. Hacking with computer system

is to be punished with imprisonment up to three years, or
with fine which may extend up to five lakh rupees,or with both.(S. 66)
3. Sending offensive or false information through computer or a communicative device is
punishable with imprisonment up to three years and with fine.(S.66A)

4.Receiving or retaining stolen computer resource or communication device is an offence
punishable with imprisonment up to three years and fine up to one lakh or with both. (S.66B).The
same punishment is prescribed for fraudulent use of electronic signature, password etc. of any
other person (S. 66C) and for cheating using computer, cell phone etc. (S.66D)

5. Capturing Transmitting or publishing the image of a private area of any person without
consent is punishable with imprisonment up to three years
and with fine up to two lakhs or with both.(S. 66E)

[annie]

6 Punishment for Cyber terrorism may extend to imprisonment for life. (S.66F)

7. Publishing transmitting information which is obscene in electronic form.
shall be punished on first conviction with imprisonment of either description for a term which
may extend to three years and with fine which may extend to five lakh rupees and in the event of
a second or subsequent conviction with imprisonment of either description for a term which may
extend to five years and also with fine which may extend to ten lakh rupees.(S. 67).

8 Publication and transmission of containing sexually explicit act or conduct
is to be punished with imprisonment up to five years and fine up to ten lakh rupees and for second or
subsequent conviction with imprisonment for a term up to seven years and fine up to ten lakh
rupees.(S. 67A) The same punishment is prescribed for child pornography. (S. 67B)

9. Penalty for Misrepresentation

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 with
fine which may extend to one lakh rupees, or with both.(S. 71)

10. Penalty for Breach of Confidentiality and Privacy

Any person who has secured access to any electronic record, book, register, correspondence,
information, document or other material without the consent of the person concerned discloses
such electronic record, book. register, correspondence, information, document or other 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.(S. 72)

11. Punishment for disclosure of information in breach of contract is imprisonment For a
term up to three years or with fine up to five lakh rupees or with both.( S. 72A)

12. Punishment for publishing Digital Signature Certificate false in certain particulars.

(1) No person shall publish a Digital Signature Certificate or otherwise make it available to any
other person with the knowledge that (a) the Certifying Authority listed in the certificate has not
issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended,Violation of the above provision is punishable
with imprisonment for a term which may extend to two years, or with fine which may extend to one
lakh rupees, or with both.(S. 73)

13. Publication for Fraudulent Purpose.

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 may extend to one lakh rupees, or with both.(
S. 74.)

In addition to the prescribed punishments Any computer, computer system, floppies, compact
disks, tape drives or any other accessories related to the crime shall be liable to confiscation.(
S.76.) S. 75 of the Act makes it clear that the provisions of this Act are applicable to any offence or
contravention committed outside India by any person irrespective of his nationality if the act or
conduct constituting the offence or contravention involves a computer, computer system or
computer network located in India.


*Source:http://delhicourts.nic.in/ejournals/CYBER%20LAW.pdf