“The Modern thief can steal more with a computer than with a gun. Tomorrow’s terrorist may be able to do more damage with a keyboard than with a bomb.”

-National Research Council, USA “Computers at Risk” 1991

Need of Cyber Laws:

• It touches almost all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace.

• IT has brought transition from paper to paperless world.• Nobody can completely visualize the internet.• Almost all companies extensively depend upon their computer

networks and keep their valuable data in electronic form.• Most people are using email, cell phones and SMS messages for

communication.• Government forms including income tax returns, company law

forms etc. are now filled in electronic form.• Cyber-crime cases such as online banking frauds, online share

trading fraud, source code theft, credit card fraud, tax evasion, virus attacks, cyber sabotage, phishing attacks, email hijacking, denial of service, hacking, pornography etc. are becoming common.

Key Definitions:

• Digital Signatures: A digital signature is an electronic signature that can be used to authenticate the identity of the sender of the message; or signer of a document, and possibly to ensure that original content of the message or document that has been sent is unchanged.

• Electronic Signature: A electronic signature is a technique which is highly reliable, such that it should be difficult to forge by unauthorized person and cannot be repudiated by its creator.

Section 43: Penalty and Compensation for damage to computer,

computer system, etc.

If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network-

• Accesses or secure access to such computer, system or network or computer resource.

• Downloads copies or extracts any data, computer database or information from such computer

• Introduces or causes to be introduced any computer virus into any computer, system or network.

• Damages or causes to damage any computer, system or network.• Disrupts or causes disruption of any computer, system or network.• Denies or causes the denial of access to any person authorized to

access any computer.• Steals, conceals, destroys or alters or causes any person to steal,

conceal, destroy or alter any computer source code with an intention to cause damage.

Section 65: Tampering with Computer Source Documents

It provides provision for punishment up to three years or fine which may extend to 2lakhs rupees or both, for intentionally tempering, concealing, altering or destroying computer source code, such as computer programs, commands program designs and layouts, program analysis of computer resource in any form.

Explanation:For the purpose of this section, “Computer Source Code” means the listing of programs, Computer Commands, Designs and layout and program analysis of computer resource in any form.

Computer source code need not be in the electronic form. It can be printed on paper (e.g. printout of flowcharts for designing a software application

Section 66A: Punishment for sending Offensive Messages

through Communication Service, etc.:

It states that if a person sends false, offensive, insulting information, email by using computer or other communication devices to cause inconvenience or hatred or annoyance, he will be entitled to punishment - imprisonment up to 3 years and with fine.

Explanation:For the purpose of this section, “Electronic Mail” and “Electronic Mail Message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachment in text, image, audio, video and any other electronic record, which may be transmitted with the message.

Section 66B: Punishment for Dishonestly Receiving Stolen

Computer Resource or Communication Device:

It states that if a person dishonestly receives or retain any communication device or computer resource, will be entitled to punishment–imprisonment up to 3years or fine up to 1lakh or both

Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.

Section 66C: Punishment for Identity Theft:

Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees 1 lakh.

Section 66D: Punishment for Cheating by Personating by

using Computer Resource:

Whoever, by means of any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to 1 lakh rupees.

Section 66E: Punishment for Violation of Privacy:

Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

Explanation:For the purpose of this section,• “transmit” means to electronically send a visual image with the

intent that it be viewed by a person or persons;• “capture” means to videotape, photograph, film or record by any

means;• “private area” means the naked or undergarment clad genitals,

pubic area, buttocks or female breasts;• “publishes” means reproduction in the printed or electronic form

and making it available for public

Section 66F: Punishment for Cyber Terrorism:

Whoever, • With intent to threaten the unity, integrity, security or sovereignty

of India or to strike terror in the people or any section of the people

• Knowingly penetrates or accesses a computer resource with authorization or exceeding authorized access obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations commits cyber terrorism.

Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment

for life.

Section 67: Punishment for Publishing or Transmitting obscene

material in electronic form:

Whoever, publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to 5years and also with fine which may extend to 10lakh rupees.

Section 67A: Punishment for Publishing or Transmitting of

Material Containing Sexually Explicit Act, etc. in Electronic Form:

Whoever, publishes or transmits or causes to be published or transmitted in the electronic form. Any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to 5years and with fine which may extend to 10lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to 7years and also with fine which may extend to 10lakh rupees.

Exception:

Section 67 and Section 67A do not extend to any book, pamphlet, paper, writing, drawing, representation or figure in electronic form-

• The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art, or learning or other objects of general concerns; or

• Which is kept or used bona fide for religious purposes.

Section 67B: Punishment for Publishing or Transmitting of

Material Depicting Children in Sexually Explicit Act, etc. in Electronic Form

Whoever• Publishes or transmits material in any electronic form which

depicts children engaged in sexually explicit act or conduct or,• Creates text or digital images, collects, seeks, browses, downloads

advertises, promotes, exchanges or distributes material in any form depicting children in obscene or indecent or sexually explicit manner or,

• Cultivates, entices or induces children to online relationship with one or more children for sexually explicit act or

• Facilitates abusing children online.

Explanation:For the purpose of this section, “children” means a person who has not completed the age of 18years.

Section 72A: Punishment for Disclosure of Information In

Breach Of Lawful Contract:

It states that any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any person shall be punished with imprisonment for a term which may extent to three years, or with a fine which may extend to five lakh rupees, or with both.

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