CYBERLAW - In Relation To Various Acts & Rules About Cyber Law

CYBERLAW - In relation to Various Acts and rules about Cyber Law

CYBERLAW - In relation to Various Acts and rules about Cyber Law

Cyberlaw is the branch of law concerned with the internet's interaction with technological and electronic elements such as computers, software, hardware, and information systems.

The Information Technology Act of 2000 was enacted on October 17, 2000. This Act applies throughout India, and its provisions apply to any offense or infraction committed by any person, regardless of nationality, even if committed outside the geographical authority of the Republic of India.

In today's technologically advanced world, the internet is regarded as a research and information-sharing tool. As the number of internet users grows, so does the prevalence of cybercrime. Cyber Law addresses all aspects concerning cybercrime or digital crime. As a result, the necessity for Cyber law arises in order to combat Cyber Crime.

Cyber law is critical in a country like India, where the internet is widely used. The law was passed to protect people and businesses against cybercrime and other internet-related crimes. It safeguards the privacy of each individual and business. There was no explicit law in India dealing with cybercrime prior to the establishment of Cyber law. A person who commits cybercrime is punishable under the laws and regulations of the Cyber-law. If someone breaches or breaks the law, it allows another individual or organization to pursue legal action against that person. CSAM (means Child pornography or child sexually abusive material), Cyberbullying, Cyberstalking, Cyber grooming, Online job fraud, Online sextortion, Phishing, Vishing, Smishing, Credit card fraud or debit card fraud, Impersonation and identity theft, etc., fall under the category of cybercrime.

The rules included under cyber law are as follows:

1. Information Technology Act,2000.

2. Information Technology (Certifying Authorities) Rules,2000.

3. Information Technology (Security Procedure) Rules, 2004.

4. Information Technology (Certifying Authority) Regulations, 2001.

5. The Indian Evidence Act, 1872.

6. The Bankers Books Evidence Act, 1891.

Some cyber laws that are followed in India are as follows:

INFORMATION TECHNOLOGY ACT, 2000

The Indian Parliament passed the Information Technology Act in 2000. It is the primary law in India governing cybercrime and e-commerce. The legislation was designed to provide legal backing for electronic trade and transactions, facilitate e-governance, and combat cybercrime.

Cybercrimes under this Act include:

Section 65 - Tampering with computer source documents.

When the computer source code for a computer, computer program, computer system, or computer network is required to be kept or maintained by law for the time being in effect, it is unlawful for anyone to intentionally conceal, destroy, or alter it, or to cause another to do so.

Penalty: Imprisonment up to three years or/and a fine of RS 200,000.

Section 66 – Hacking with the computer system.

Hacking occurs when a person, to cause or knowingly that he is likely to occur wrongful loss or damage to the public or any individual, destroys, deletes, or edits any information existing in a computer resource or lowers its value or utility, or adversely affects it in any way.

Penalty - Imprisonment for up to three years or a fine which may extend to Rs 5 lacs.

Section 66B of the act - Receiving stolen computer or communication device.

A person obtains or keeps a computer resource or communication device that is stolen or that the person has cause to suspect is stolen.

Penalty - Imprisonment for up to three years or a fine of up to RS 100,000.

Section 66C - Using the password of another person.

Someone impersonates another person using their password, digital signature, or other unique identifier.

Penalty: Imprisonment for up to three years or a fine of up to RS 100,000.

Section 66D - Cheating using computer resources.

If a person defrauds another individual by employing a computer resource or communication.

Penalty: Imprisonment for up to three years or a fine of up to RS 100,000.

Section 66E - Publishing private images of others.

If someone takes, transmits, or publishes images of another person's private parts without his or her permission or knowledge.

Penalty - Imprisonment for up to three years or a fine of up to RS 200,000.

Section 66F - Act of cyber terrorism.

Cyberterrorism is denying access to authorized individuals to computer resources, breaking into a secured system, or introducing a contaminant to undermine India's unity, integrity, sovereignty, or security.

Penalty: Life imprisonment.

Section 67 - Publishing information that is obscene in e-form.

If someone publishes, transmits, or arranges for the publication of any material that is lascivious, appeals to the prurient interest, or if its effect tends to deprave and corrupt people who are likely, given all the pertinent facts, to read, see, or hear the matter contained or embodied in it, then that person violates the law.

Penalty: Imprisonment for five years or/and a fine of up to RS 1,000,000.

Section 67A - Publishing images containing sexual acts.

If someone distributes or publishes pictures of acts or behaviors that are sexually explicit.

Penalty: A fine of up to RS 1,000,000, or/and a term of imprisonment up to seven years.

Section 67B of the Act – Publishing child porn or predating children online.

If someone records, distributes, or broadcasts photos of a kid engaging in a sexual act or behavior. Suppose somebody coerces a child into having sex. Anyone younger than 18 is considered a child.

Penalty: On a first conviction, up to five years in prison and a fine of up to RS 1,000,000. A second conviction carries a sentence of up to seven years in prison or a fine of up to RS 1,000,000.

Section 67C - Failure to maintain records.

People considered intermediaries (like ISPs) must keep the necessary records for a set period. Failure is a criminal act.

Penalty: Imprisonment for up to three years or a fine.

Section 70 of the Act - Securing access to a protected system.

Any computer, computer system, or computer network may be deemed a protected system by the competent government by publication in the Official Gazette. The individuals permitted to access protected systems may be approved by a written order from the competent government. A person is breaking the law if they acquire access to, or try to secure access to, a protected system.

Penalty: Imprisonment up to ten years, or/and a fine.

Section 71 – Misrepresentation.

If someone lies to the Controller or the Certifying Authority or withholds any relevant information from them to get a license or DSC (digital signature certificate)

Penalty - Imprisonment up to 3 years, or/and with a fine up to RS 100,000.

INDIAN PENAL CODE, 1860

The following IPC sections may be used by law enforcement agencies if the Information Technology Act is insufficient to address particular cybercrimes:

Section 292 of the Act - Sale, etc., of obscene books, etc.

Although the original intent of this section was to combat the sale of pornographic materials, it has since developed to cover a variety of cyber offenses as well. This clause also applies to how pornographic or sexually explicit activities or exploits of youngsters are publicized or distributed electronically. Such offenses are punishable by up to two years in jail, and fines of Rs. 2000. For repeat (second-time) offenders, any of the crimes mentioned above may result in a sentence of up to five years in jail and a fine of up to Rs. 5000.

Section 354C - Voyeurism.

According to this clause, cybercrime is the capture or publication of images of a woman's private or intimate acts without her consent. Voyeurism is the only topic covered in this section because it is illegal to watch a woman engage in sexual activity. Sections 292 of the IPC and Section 66E of the IT Act are broad enough to include offenses of a similar character without this section's essential components. First-time offenders may receive a sentence of up to three years in jail, while repeat offenders may receive a sentence of up to seven years.

Section 354D - Stalking.

This section describes and penalizes stalking, including both physical and online stalking. Cyberstalking is following a woman through technology, such as the internet or email, or contacting her despite her lack of interest. For the first offense, this crime carries a maximum imprisonment of 3 years; for the second offense, it carries a maximum sentence of 5 years and a fine.

Section 379 - Punishment for theft.

The maximum sentence under this clause for stealing is three years in prison and a fine. The IPC Section is partly relevant because many cybercrimes involve stolen computers, data, or electronic equipment.

Section 420 of the Act - Cheating and dishonestly inducing delivery of property.

This section discusses deception and coercing the delivery of property. Under this clause, cybercriminals who commit offenses, including fabricating websites and conducting online fraud, face a seven-year prison sentence and a fine. This part of the IPC deals with offenses, including creating phony websites or stealing passwords for financial gain.

Section 463 - Forgery.

This section addresses electronic document or record falsification. Under this clause, spoofing emails is punishable by up to 7 years in jail and a fine.

Section 465 - Punishment for forgery.

This clause usually discusses how forgery is punished. Under this provision, offenses including email spoofing and creating fraudulent papers online are dealt with and penalized with up to two years in prison, fines, or both.

Section 468 - Forgery for cheating.

Fraud that is committed with the intent to defraud is punishable by a seven-year prison term and a fine. Email spoofing is also prohibited by this provision.

In addition to the statutes mentioned above, there are numerous other parts of the Indian Penal Code and the IT Act that deal with cybercrimes.

(Edited & Posted By Lawful Bytes Team)

Kirti Jaiswal

(BBA LLB | 4th year)

AU Patna