The Information Technology Act, 2000 or IT ACT 2000 is an Act of the Indian Parliament notified on 17 October 2000 that primarily deals with cyber crime and electronic commerce. The bill was finalised by group of officials headed by then Minister of Information Technology Pramod Mahajan and was signed by then President K. R. Narayanan.
The original Act contained 94 sections, divided into 13 chapters and 4 schedules. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law.
Amendment
A major amendment was made in 2008. It introduced Section 66A which penalized sending “offensive messages“. Section 69 was also introduced in which power of “interception or monitoring or decryption of any information through any computer resource” was given to authorities. Additionally, it introduced provisions addressing – pornography, child porn, cyber terrorism and voyeurism.
A major amendment was made in 2008. It introduced Section 66A which penalized sending “offensive messages“. Section 69 was also introduced in which power of “interception or monitoring or decryption of any information through any computer resource” was given to authorities. Additionally, it introduced provisions addressing – pornography, child porn, cyber terrorism and voyeurism.
Let us take a look at the important definitions mentioned in the IT ACT 2000 and punishment and fine mentioned for offence related to IT.
Definitions
Section 2 (i) : Computer ―
“Computer” means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network;
Section 2 (j): Computer Network ―
“computer network” means the inter-connection of one or more computers or computer systems or communication device through –
(i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and
(ii) terminals or a complex consisting of two or more interconnected computers or communication device whether or not the inter-connection is continuously maintained;
Section 2 (l): Computer System ―
“computer system” means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;
Section 2 (m): Controller―
“Controller” means the Controller of Certifying Authorities appointed under sub-section (1) of section 17;
Section 2 (o): Data―
“Data” means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;
Section 2 (p): Digital Signature ―
“Digital signature” means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;
Section 2 (q): Digital Signature Certificate―
“Digital Signature Certificate” means a Digital Signature Certificate issued under sub-section (4) of section 35;
Section 2 (r): Electronic Form ―
“Electronic form” with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;
Section 2 (t): Electronic Record―
“Electronic record” means data, record or data generated, image or sound stored, received orsent in an electronic form or micro film or computer generated micro fiche;
Section 2 (t) (a) Electronic Signature ―
“Electronic signature” means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature;
Section 2 (t) (b): Electronic Signature Certificate―
“Electronic Signature Certificate” means an Electronic Signature Certificate issued under section 35 and includes Digital Signature Certificate;
Section 2 (z) (e) Secure System―
“Secure system” means computer hardware, software, and procedure that–
(a) are reasonably secure from unauthorised access and misuse;
(b) provide a reasonable level of reliability and correct operation;
(c) are reasonably suited to performing the intended functions; and
(d) adhere to generally accepted security procedures;
Offences and Penalties
- Section 43: Damage to computer, computer system, etc.
- accesses computer, computer system or computer network or computer resource;
- downloads, copies or extracts any data or information from such computer, computer system or computer network;
- introduces or causes to be introduced any computer virus;
- damages or causes to be damaged any computer, computer system or computer network, data, or any other programmes residing in such computer;
- disrupts or causes disruption of any computer, computer system or computer network;
- denies access to any person authorised to access any computer, computer system or computer network by any means;
- provides any assistance to any person to facilitate access to a computer, computer system or network;
- charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network;
- destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means;
- steal, conceal, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage;
Penalty: Compensation not exceeding one crore rupees to the person so affected.
2. Section 43A: Body corporate failure to protect data
Penalty: Compensation not exceeding five crore rupees to the person so affected
3. Sec.65: Tampering with Computer source documents
Penalty: Imprisonment- up to three years, or Fine – may extend up to two lakh rupee or with both
4. Section 66: Hacking with Computer systems, Data alteration etc.
Penalty: Imprisonment- up to three years, or Fine – may extend to five lakh or with both
5. Section 66 A: Sending offensive messages through communication service etc.
Penalty: Imprisonment – up to three years and with fine
6. Section 66 B: Retains any stolen computer resource or communication device
Penalty: Imprisonment – up to three years, or Fine – up to rupees one lakh ,or with both
7. Section 66 C: Fraudulent use of electronic signature (Identity Theft)
Penalty: Imprisonment- up to three years and Fine- up to rupees one lakh
8. Section 66 D: Cheating by impersonating by using computer resource
Penalty: Imprisonment – up to three years and Fine – up to one lakh rupees
9. Section 66 E: Violation of Privacy (Publishing obscene images)
Penalty: Imprisonment – up to three years, or Fine – not exceeding two lakh rupee or with both
10. Section 66 F: Cyber terrorism
Penalty: Imprisonment which may extend to imprisonment for life
11. Section 67: Publishing of information, which is obscene in electronic form
Penalty:
First Conviction – Imprisonment for a term which may extend to three years and fine which may extend to five lakh rupees
Second conviction – Imprisonment for a term which may extend to five years and fine which may extend to ten lakh rupees
12. Section 67 A: Publishing or transmitting of material containing sexually explicit act, etc. in electronic form
Penalty:
First Conviction – Imprisonment for a term which may extend to five years and fine which may extend to ten lakh rupees
Second conviction – Imprisonment for a term which may extend to seven years and fine which may extend to ten lakh rupees
13. Section 67 B: Publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form
Penalty:
First Conviction – Imprisonment for a term which may extend to five years and fine which may extend to ten lakh rupees
Second conviction – Imprisonment for a term which may extend to seven years and fine which may extend to ten lakh rupees
14. Section 67 C: Preservation and retention of information by intermediaries
Penalty: Imprisonment – up to three years and With fine
15. Section 70: Unauthorised access to protected system
Penalty: Imprisonment – up to ten years and With fine
16. Section 72: Breach of Confidentiality and Privacy
Penalty: Imprisonment – up to two years, or Fine – up to one lakh rupees, or with both
17. Section 72 A: Disclosure of information in breach of contract
Penalty: Imprisonment – up to three years, or Fine – up to five lakh rupees, or with both
18. Sec.73 & 74: Publishing false digital signature certificates
Penalty: Imprisonment – up to two years, or Fine – up to one lakh rupees, or with both
NOTE: To read more about IT Act, 2000, visit this post.
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