Cyber Law and Act of India

Cyber Law and Act of India

In Simple way, we can say that cybercrime is unlawful acts wherein the computer is either a tool or a target or both

Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a  gamut of new age crimes that are addressed by the Information Technology Act, 2000. We can categorize Cyber crimes in two ways The Computer as a Target:-using a computer to attack other computers. e.g. Hacking, Virus/Worm attacks, DOS attack etc.

The computer as a weapon:-using a computer to commit real-world crimes. e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc. Cyber Crime regulated by Cyber Laws or Internet Laws.

Types of cyber crimes

• Website Defacing
• Child Pornography
• Data Breach
• E-mail Bombing
• Computer Hacks
• Network Hacks
• Data diddling
• Usage of Virus and Worms
• Trojans
• Harassment through Emails and Chats
• Spoofing- email, SMS, call
• Defamation
• Cyberstalking
• Trafficking
• Cyber warfare
• Software Piracy
• Spamming
• Scams etc.
• Acts and Sections

Section 65: Tampering with Computer Source Documents
Punishments: Imprisonment upto 3 years or fine which may extend upto 2 Lakhs.

Section 66: Computer Related offenses
Punishments: Imprisonment upto 3 years or with fine upto 5 lakh rupees or both.

Section 66A: Punishment for sending offensive messages through communication service like computer or mobile etc
Punishments: Imprisonment upto three years and with fine.

Section 66B: Dishonestly receiving stolen computer resource or communication device.
Whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device.
Punishments: Imprisonment upto 3 years or with fine upto 1 lakh rupees or with both.

Section 66C:  Identity Theft
Punishments: Imprisonment upto 3 years or with fine upto 1 lakh

Section 66D: Cheating by impersonation by using computer resource
Punishments: Imprisonment upto 3 years and also may be responsible to fine which may extend upto 1 lakh.

Section 66E: Piracy Violation or Video Voyeurism
Punishments: Imprisonment upto 3 years or with fine upto 2 lakh rupees or with both

Section 66F: Cyber Terrorism
Punishments: imprisonment may extend upto lifetime period

Section 67: Publishing or Transmitting Obscene Information in Electronic Form
Punishments: Imprisonment upto 3 years and fine upto 5 lakh rupees in first conviction and in second  or subsequent convictions imprisonment upto 5 years and also with fine upto 10 lakh rupees

Section 67A: Publishing or Transmitting Sexually Implicit Material in Electronic Form
Punishments: Imprisonment upto 5 years and fine upto 10 lakh rupees and imprisonment upto 7 years and upto 10 lakh under subsequent conviction.

Section 67B: Child pornography
Punishments: Imprisonment upto 5 years and fine upto10 lakh on first conviction and in subsequent conviction upto 7 years and 10 lakh rupees

Section 67C: Preservation and also retention of information by intermediaries
Punishments:  Imprisonment upto 3 years and also with fine

Section 68: Violating the rules taken by power of controller
Punishments: Imprisonment upto 2 years or fine upto one lakh

Section 69: Powers to issue directions for interception or monitoring or decryption of any information through any computer resource
Punishments: Up to 7 years and also with fine

Section 69A: Any person who fails to support the corresponding officials who ordered to block public access to any information through computer resource
Punishments: upto 7 years and also fine

Section 69B: Any person who fails to support the corresponding officials to support the corresponding officials who need to monitor and get traffic data or information
Punishments: Up to 3 years and also fine

Section 72: Breaking Privacy and Confidentiality

Punishments: Upto 3 years and also fine upto 1 lakh