Cyber Law

Cyber Law in India

Information Technology Act, 2000

The IT Act, 2000 consists of 90 sections spread over 13 chapters [Sections 91, 92, 93 and 94 of the principal Act were omitted by the Information Technology (Amendment) Act 2008 and has 2 schedules.[ Schedules III and IV were omitted by the Information Technology (Amendment) Act 2008].

Salient features of the Information Technology (Amendment) Act, 2008

1. The term ‘digital signature’ has been replaced with’ electronic signature’ to make the Act more technology
neutral.

2. A new section has been inserted to define ‘communication device’ to mean cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text video, audio or
image.

3. A new section has been added to define cyber cafe as any facility from where the access to the internet is offered by
any person in the ordinary course of business to the members of the public.

4. New Section to address data protection and privacy -Section 43

5. Body corporate to implement best securitypractices-Sections 43A &72A

Applicability and Jurisdiction of the Act

The Act will apply to the whole of India unless otherwise mentioned.It applies also to any offence or contravention there under committed outside India by any person. If a crime is committed on a computer or computer network in India by a person resident outside India, then can the offence be tried by the Courts in India.

According to Sec.1(2) of Information Technology Act, 2000, the Act extends to the whole of India and also applies to any offence or contravention committed outside India by any person. Further, Sec.75 of the IT Act, 2000 also mentions about the applicability of the Act for any offence or contravention committed outside India.
According to this section, the Act will apply to an offence or contravention committed outside India by any person, if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India.

Digital Signature under the IT Act, 2000

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.

Electronic Signature

Electronic signature has also been dealt with under Section 3A of the IT Act, 2000. A subscriber can authenticate any electronic record by such electronic signature or electronic authentication technique which is considered reliable and may be specified in the Second Schedule. An Amendment to the IT Act in 2008 introduced the term electronic signatures. The implication of this Amendment is that it has helped to broaden the scope of the IT Act to include new
techniques as and when technology becomes available for signing electronic records apart from Digital Signatures.

SEC 66A - Application and Scope:

Punishment for sending offensive messages through communication service, etc.

Any person who sends, by means of a computer resource or a communication device,—

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.

The Hon’ble SC has struck down ‘draconian’ Section 66A.

Section 66A of the Information Technology Act is unconstitutional in its entirety, the Hon’ble Supreme Court has striking down a “draconian” provision that had led to the arrests of many people for posting content deemed to be “allegedly objectionable” on the Internet.

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