Rohas - State of Cyber Law in India - ClubHack2008

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