Cyber Crime Act of India

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The Information Technology Act 2000 is also the ITA-2000 Act or the Information Technology Act. The bill was concluded by a group of officers leaded by the then Minister of IT Dept., Mr. Pramod Mahajan. The bill was passed in the 2000 budget session and signed by President K.R. Narayanan on May 9, 2000. This law is applicable throughout India. Even the person of other nationalities can also be charged under the law, if the crime involves a computer or network located in India.

This Act provides a legal framework for electronic governance by recognizing digital signatures and electronic records. This law also amended various sections of the Indian Penal Code, 1860, Indian Evidence Act, 1872, Banker’s Book Evidence Act, 1891 and Reserve Bank of India Act, 1934 to bring them in line with new technologies.

This Act also constructed a cyber appeals tribunal for the resolution of disputes arising from the new law. It also defines cyber crimes and imposes penalties on them. Some of the important sections of this Act are summarized below: –

Section 65: Tamper a computer source documents

If anyone knowingly or deliberately hides, destructs or alters, or causes another person to hide, destruct or modify any computer source code used for a computer, computer program, computer system or computer network, where the code computer source is necessary to be preserved or maintained by law for the time being.

Section 66: Hacking into a computer system

If anyone with the intention to cause or knowingly that it is likely to cause loss or undue damage to the public or any person destroys, deletes or alters any information residing in a computing resource or diminishes its value or usefulness or adversely affects it by any means, commits hacking.

Section 66B: Receive computer or communication device that is stolen

If anyone gets or possesses a computing resource or communications device that is known to have been stolen or that the person has reason to believe has been stolen.

Section 66C: Using password of any another person

If anyone frequently uses another person’s password, digital signature, or other unique identification.

Section 66D: Cheating using computer resource

If anyone is cheating on someone by using a computing resource or communication.

Section 66E: Publication of private images of others

If anyone captures, transmits or posts images of a person’s private parts without their consent or knowledge.

Section 66F: Cyber ​​terrorism acts

If anyone denies authorized personnel access to a computing resource, makes access to a protected system, or introduce a contaminant into a system, with the intent to threaten the unity, integrity, sovereignty or security of the ‘India, he/she is committing cyber terrorism.

Section 67: Publication of obscene information in electronic form

If anyone publishes for the purpose of transmitting or causes to be published in electronic form, any material lascivious or appealing to the prurient interest or if its effect is such as to tend to deprave and corrupt persons likely, having regard to all the relevant circumstances, for read, see or hear the material contained or embodied.

Section 67A: Posting images containing sexual acts

If anyone posts or transmits images containing an explicit sexual act or conduct.

Section 67B: Posting child pornography

If anyone capture or post child images in a sexual act or conduct or induces a child into sexual act. A child is defined as anyone under 18 years of age.

Section 67C: Failure of maintenance of records

The person considered to be the mediator (such as the ISP) must keep the required records for the stipulated time, failure is an offense.

Section 68: Non-compliance with orders

The Controller can direct a Certifying authority or a staff of such authority for taking such steps or cease performing the activities as specified in the order if those are essential for ensuring compliance with the provisions of this Act. Any person failing or refusing to comply with such order shall be guilty of offense.

Section 69: Data Decryption Failure

If the Controller is confirmed that it is essential to perform so in the interests of integrity or sovereignty of country, the security of the State, friendly relationships with friendly States, or public order or to avert incitement to the commission of any countable offense, for reasons to be recorded in writing, by order, direct any government body to intercept any information transmitted by any computer resource. The subscriber or any person in charge of the IT resource, must, when requested by any agency that has been mandated, must extend all the facilities and technical assistance to decrypt the information. The subscriber or any person who does not assist the referred agency is deemed to have committed an offense.

Section 70: Securing access or attempting to secure access to a protected system

The competent government may, by notification to the Official Journal, declare any computer, computer system or computer network to be a protected system. The competent government may, by written order, authorize authorized persons to access protected systems. If someone secures access or attempts to secure access to a protected system, then he/she is committing an offense.

Section 71: Misrepresentation

If someone makes a misrepresentation or suppresses an important fact from the controller or certification authority to obtain a license or digital signature certificate.