State of Cyber Law in India

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Information about State of Cyber Law in India
Technology

Published on January 1, 2009

Author: amiable_indian

Source: slideshare.net

Rohas Nagpal, Asian School of Cyber Laws

Information Technology Act, 2000 Imprisonment upto 10 years Compensation upto Rs 1 crore Indian Penal Code, Evidence Act Code of Criminal Procedure

Information Technology Act, 2000

Imprisonment upto 10 years

Compensation upto Rs 1 crore

Indian Penal Code, Evidence Act Code of Criminal Procedure

Section 67 covers: Publishing Transmitting Causing to be published In respect of pornography in the electronic form Baazee case

Section 67 covers:

Publishing

Transmitting

Causing to be published

In respect of pornography in the electronic form

Baazee case

Section 67 applies to: SMS, emails, websites, mp3 ?? Stringent punishment: 5 years + 1 lakh fine 10 years + 2 lakh fine

Section 67 applies to:

SMS,

emails,

websites,

mp3 ??

Stringent punishment:

5 years + 1 lakh fine

10 years + 2 lakh fine

Liability of receiver of pornography? Is it a crime to watch pornography? Is cyber café owner responsible?

Liability of receiver of pornography?

Is it a crime to watch pornography?

Is cyber café owner responsible?

Intention to cause wrongful loss or damage or Knowledge of the likelihood of wrongful loss or damage   AND   Destruction / deletion / alteration of information in a computer or diminishing value or utility of a computer resource or injuriously affecting a computer resource

Intention to cause wrongful loss or damage

or

Knowledge of the likelihood of wrongful loss or damage

  AND

 

Destruction / deletion / alteration of information in a computer

or

diminishing value or utility of a computer resource

or

injuriously affecting a computer resource

3 years jail and / or 2 lakh fine

3 years jail and / or 2 lakh fine

 

 

knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code required to be kept or maintained by law

knowingly or intentionally conceals, destroys or alters

or intentionally or knowingly causes another to conceal, destroy or alter

any computer source code

required to be kept or maintained by law

3 years jail and / or 2 lakh fine Tata Indicom employees case

3 years jail and / or 2 lakh fine

Tata Indicom employees case

Controller directs interception of electronic information sovereignty / integrity / security of India, friendly relations with foreign States public order preventing incitement to the commission of any cognizable offence All facilities and technical assistance to decrypt the information are not offerred.

Controller directs interception of electronic information

sovereignty / integrity / security of India,

friendly relations with foreign States

public order

preventing incitement to the commission of any cognizable offence

All facilities and technical assistance to decrypt the information are not offerred.

7 years jail Forgotten password (?) Deleted private keys (?) Unconstitutional (?)

7 years jail

Forgotten password (?)

Deleted private keys (?)

Unconstitutional (?)

Save as otherwise provided by law Police etc secured access to any electronic information Discloses material without the consent of the person concerned

Save as otherwise provided by law

Police etc secured access to any electronic information

Discloses material without the consent of the person concerned

2 years jail and / or Rs 1 lakh

2 years jail and / or Rs 1 lakh

Unauthorised access Unauthorized copying, downloading, extracting Introducing computer worm / virus Denial of service

Unauthorised access

Unauthorized copying, downloading, extracting

Introducing computer worm / virus

Denial of service

Facilitating unauthorized access Computer fraud

Facilitating unauthorized access

Computer fraud

For investigation Controller of Certifying Authorities Deputy Superintendent of Police CERT-IND For adjudication Adjudicating Officer Cyber Appellate Tribunal Criminal Courts

For investigation

Controller of Certifying Authorities

Deputy Superintendent of Police

CERT-IND

For adjudication

Adjudicating Officer

Cyber Appellate Tribunal

Criminal Courts

Liability of Network Service Providers Liability of Companies Arrest without warrant Search and seizure

Liability of Network Service Providers

Liability of Companies

Arrest without warrant

Search and seizure

Email as evidence Certificate u/s 65B of Indian Evidence Act Bankers’ Books Evidence Act Applicable to cheque bouncing cases also Digital signatures as evidence

Email as evidence

Certificate u/s 65B of Indian Evidence Act

Bankers’ Books Evidence Act

Applicable to cheque bouncing cases also

Digital signatures as evidence

Rohas Nagpal, Asian School of Cyber Laws

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