Rohas Nagpal, Asian School of Cyber Laws. Information Technology Act, 2000 Imprisonment upto 10...
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Transcript of Rohas Nagpal, Asian School of Cyber Laws. Information Technology Act, 2000 Imprisonment upto 10...
Rohas Nagpal,Asian School of Cyber Laws
Information Technology Act, 2000
Imprisonment upto 10 years
Compensation upto Rs 1 crore
Indian Penal Code, Evidence ActCode of Criminal Procedure
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
Liability of receiver of pornography?
Is it a crime to watch pornography?
Is cyber café owner responsible?
Intention to cause wrongful loss or damageor
Knowledge of the likelihood of wrongful loss or damage
AND Destruction / deletion / alteration of information
in a computerordiminishing value or utility of a computer
resourceorinjuriously affecting a computer resource
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
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.
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
2 years jail and / or Rs 1 lakh
Unauthorised access
Unauthorized copying, downloading, extracting
Introducing computer worm / virus
Denial of service
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
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
Rohas Nagpal,Asian School of Cyber Laws