CYBERCRIME

AND
INDIAN CYBERLAW
 A PRESENTATION
BY
PAVAN DUGGAL,
ADVOCATE, SUPREME COURT
OF INDIA
PRESIDENT,CYBERLAWS.NET
HEAD PAVAN DUGGAL
HEAD,
ASSOCIATES
DR.. L.. PRAKASH-
S INDIA’S
N S FIRST
S LIFE
TIMER CYBER CRIMINAL

¾ FEBRUARY 7, 2008-
¾ 'Sex doctor' gets life in cyber-porn case

¾ CNN-IBN
CNN BN
DR.. L ..PRAKASH-
S INDIA’S
N S FIRST
S LIFE
TIMER CYBER CRIMINAL

¾A fast track court in Chennai

sentenced orthopedics surgeon Dr
Prakash to life imprisonment
¾ Dr Prakash has the dubious
distinction of being
g the first p
person to
be booked under the Information
Technology Act in India.
India
 ONLINE DEFAMATION

¾ February 4, 2008

¾ Delhi
e High
g Cou
Courtt restrains
est a s a web b
blog
og for
o
defaming the plaintiff.

¾ Plaintiff is in Delhi
 RECENT HACKING

¾ EMAIL ACCOUNTS OF SENSITIVE

INSITTUTIONS AND DEPARTMENTS
OFFICIALS HACKED

¾ ACCOUNTS BELONGED TO
NATIONAL DEFENCE ACADEMY &
DRDO OFFICIALS
 RECENT HACKING (contd
(contd.))

¾ EMAIL IDs AND PASSWORDS POSTED

ON A WEBSITE
www.derangedsecurity.com

¾ HACKER CLAIMED TO BE IN SWEDEN

¾ A CLASSICAL TRANS- NATIONAL

CYBERCRIME
 IMPORTANT CASES

¾ ARIF AZIM CASE

¾ BAAZEE.COM CASE

¾ AHMEDABAD MUTH CHILD

BLESSING CASE
 CYBERCRIME LEGISLATION

¾ NO DEDICATED CYBERCRIME
LEGISLATION IN INDIA
¾ SOME CYBERCRIMES COVERED
UNDER THE INFORMATION
TECHNOLOGY ACT , 2000
 CELEBRATED CASES

¾ KARAN BAHREE CASE

¾ MPHASIS CASE

¾ CREDIT CARD SUED

¾G CASE
 CYBER LAW IN INDIA

¾ In India the Information Technology Act,

2000 is the legislation

g that deals with issues

related to the Internet.

 THE IT ACT
ACT, 2000 – OBJECTIVES

¾ To provide legal recognition for

transactions:
transactions:-
¾ Carried out by means of electronic data
interchange, and
¾ Other means of electronic communication,
commonly referred to as "electronicelectronic
commerce", involving the use of alternatives
to p
paper-based
p methods of communication
and storage of information,
 THE IT ACT,, 2000-OBJECTIVES
J
(contd)

¾ To facilitate electronic filing of documents

with the Government agencies

¾ To amend the Indian Penal Code, the

Indian Evidence Act, 1872, the Banker
Banker'ss
Book Evidence Act, 1891 and the Reserve
Bank of India Act, 1934
 THE IT ACT,, 2000 – OBJECTIVES
J
(contd)

¾ AIMS TO PROVIDE FOR THE LEGAL

FRAMEWORK SO THAT LEGAL
SANCTITY IS ACCORDED TO ALL
ELECTRONIC RECORDS AND OTHER
ACTIVITIES CARRIED OUT BY
ELECTRONIC MEANS.
 ELECTRONIC CONTRACT

¾ ACCEPTANCEOF CONTRACT MAY BE

EXPRESSED BY ELECTRONIC MEANS
OF COMMUNICATION.

¾ The same shall have legal validity and

enforceability.
AUTHENTICATION OF ELECTRONIC
RECORDS

¾ Any subscriber may authenticate an

electronic record
¾ Authentication by y affixing g his digital
g
signature.
¾ Any person by the use of a public key of the
subscriber can verify the electronic record.
 ELECTRONIC GOVERNANCE

¾ Legalrequirements of any information or

any other matter being in writing or in the
typewritten or printed form,
form shall be
deemed to have been satisfied if such
information or matter is—
is
 ELECTRONIC GOVERNANCE
(contd.)

¾Rendered or made available in an

electronic form; and

¾Accessible
ccess ble so as to be usable for
o a
subsequent reference.
 DIGITAL SIGNATURES &
ELECTRONIC RECORDS

¾ LEGAL RECOGNITION OF DIGITAL

SIGNATURES
 DIGITAL SIGNATURES &
ELECTRONIC RECORDS (contd)

¾ Use off Electronic

l i Records
d and
d Digital
Di i l
Signatures in Government Agencies.
Agencies.

¾ Publications of rules and regulations in the

El
Electronic
i Gazette
G
Gazette.
.
 CERTIFYING AUTHORITIES
FOR DIGITAL SIGNATURES

¾ Scheme for Regulation of Certifying

Authorities for Digital Signatures

¾ Controller of Certifying Authorities

 CONTROLLER OF CERTIFYING
AUTHORITIES

¾ He shall p
perform the function of exercising
g
supervision over the activities of the
Certifying Authorities
¾ Lay down standards and conditions
governing the Certifying Authorities
¾ Specify the various forms and content of
Digital Signature Certificates.
DIGITAL SIGNATURE CERTIFICATES

¾ Digital Signature Certificates.

¾ Duties of subscribers
 OFFENCES & PENALTIES

¾ PENALTIES
N AND
N ADJUDICATION
JU N FOR
VARIOUS OFFENCES INVOLVING
COMPUTERS,, COMPUTER SYSTEMS
AND COMPUTER NETWORKS.
 OFFENCES & PENALTIES (contd)

¾ PENALTIES FOR DAMAGE TO

COMPUTER, COMPUTER SYSTEM ETC.
HAVE BEEN FIXED AS DAMAGES BY
WAY OF COMPENSATION NOT
EXCEEDING RS. 1,00,00,000/- TO
AFFECTED PERSONS.
 BREACH OF SECURITY

¾ Breach
B h off security
i attracts consequences off
civil liability.
¾ If a person without
ih the
h permission
i i off owner
or any other person in charge of a
computer computer system or computer
computer,
network, accesses or secures access to
such computer, computer system or
computer network, he is liable to pay
statutoryy damagesg byy wayy of compensation,
p ,
not exceeding one crore rupees to the
person so affected.
 CIVIL LIABILITY

¾ Downloading, copying or extracting any

data, computer database or information
from such system or introducing any
computer virus into the same or damaging,
destructing or causing to be damaged or
disruption of the same or denying the
access to any authorized person of the
same,
 CIVIL LIABILITY (contd.)

¾ andd p
providing
d g anyy assistance to anyy p
person
for doing any of the acts mentioned above,
would also attract the civil liabilityy of
damages by way of compensation not
exceedingg rupees
p one crore.
 IT ACT & CYBERCRIME

¾ Various cyber offences defined

¾ Cyber
y offences to be investigated
g onlyy byy a
Police Officer not below the rank of the
Deputy Superintendent of Police.
 CYBER OFFENCES UNDER THE
IT ACT

¾ Tampering with computer source

d
documents – Section
S i 65

¾ Hacking - Section 66

¾ Publishing of information which is obscene

in electronic form - Section 67
 SECTION 66

¾ Hacking with computer system

¾ Occurs
O when
h th
there i intent
is i t t to
t cause or
knowledge that one is likely to cause
wrongful
f l loss
l or damage
d t the
to th public
bli or any
person by destroying or deleting or altering
any information
i f ti residing
idi i a computer
in t
resource or diminishing its value or utility or
affecting
ff ti it injuriously
i j i l by b any means
 PUNISHMENT FOR HACKING

¾ Imprisonment
I i up to three
h years, or
with fine which may extend upto two
lakh rupees, or with both.
 SECTION 67

¾ Publishing of information which is obscene

in electronic form
¾ Publishing or transmitting or causing to be
published in the electronic form,, anyy
p
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
circ mstances to read,
circumstances, read see or hear the
matter contained or embodied in it
 PUNISHMENT FOR PUBLISHING
OBSCENE INFORMATION IN
ELECTRONIC FORM
¾ On first conviction - imprisonment of
either description for a term which may
extend to five years and with fine which
may extend to one lakh rupees
¾ Second or subsequent conviction -
imprisonment of either description for a
term which may extend to ten years and
also with fine which may extend to two
lakh rupees.
 CYBER OFFENCES UNDER THE
IT ACT (contd)

¾ Breach of confidentialityy and p

privacyy
¾ Misrepresentation

¾ Publishing Digital Signature Certificate

false in certain particulars and publication
for fraudulent purposes.
purposes
 CYBER TERRORISM
¾ for the first time,
time defined the concept of cyber
terrorism and has made it a heinous crime.
crime.
¾ cyber terrorism as an offence that has been made
punishable with life imprisonment and fine
fine..
¾ This move should do tremendous service to the
cause of the Indian nation as also the sovereignty ,
integrity and security of India.
India.
¾ Highly commendable move after Mumbai 26/ 26/11
11//
attacks
 CYBER TERRORISM- ESSENTIAL
FEATURES
„ (1) Whoever,
Whoever -
„ (A) with intent to threaten the unity,
integrity,
g y, securityy or sovereignty
g y of India or
to strike terror in the people or any section
of the people by
by--
„ (i) denying
d i or cause the h denial
d i l off access to
any person authorised to access computer
resource;; or
resource
„ (ii) attempting to penetrate or access a
computer
p resource without authorisation or
exceeding authorised access;
access; or
 CYBER TERRORISM- ESSENTIAL
FEATURES
„ (iii) introducing or causing to introduce any
computer contaminant
contaminant;;
„ and byy means of such conduct causes or
likely to cause death or injuries to persons or
damage to or destruction of property or
disrupts or knowing that it is likely to cause
damage or disruption of supplies or services
essential to the life of the communityy or
adversely affect the critical infrastructure
specified under Section 70,
70,
 CYBER TERRORISM- ESSENTIAL
FEATURES
„ (B) knowingly or intentionally penetrates or
accesses a computer resource without
authorization or exceeding authorised
access, andd by
b means off such h conduct
d
obtains access to information, data or
computer database that is restricted for
reasons of the security of the state or foreign
relations
 CYBER TERRORISM- ESSENTIAL
FEATURES
„ or anyy restricted information data or
computer data base with reasons to believe
that such information, data or computer
data base so obtained may be used to cause
or likely to cause injury to the interests of the
sovereignty and integrity of India, the
security of the state, friendly relations with
foreign states, public order, decency or
morality or in relation to contempt of court,
court
defamation or incitement to an offence or to
the advantage of any foreign nation, group
of individuals or otherwise,
„ commits the offence of Cyber Terrorism
 PUNISHMENT

„ Whoever commits or conspires to

commit i cyber
b terrorism
i shall
h ll be
b
punishable with imprisonment
which
hi h may extend
d to imprisonment
i i
for life.
life.
 NEW CYBERCRIMES ADDED

¾ provide
pro ide far
f r more exhaustive
e h sti e coverage
co er e of
cybercrimes in the law
law..
¾ Various
Vario s new
ne cybercrimes
c bercrimes have
ha e been added
like the activities defined in Section 43 of the
IT Act,
Act 2000
2000..
¾ The new amendments have added identity
theft and phishing as cybercrimes .
¾ have also covered breach of privacy, child
pornography as specific offences
offences..
 NEW CHALLENGES

¾ SOCIAL NETWORKING
¾ P2P

¾ USER GENERATED CONTENT

¾ INTERNET AND CYBER TERRORISM

¾ SPYWARE AND MALWARE

 TODAY IS A NEW ERA

¾ WORLD A GLOBAL VILLAGE

¾ INTERNATIONAL ALTERNATIVES
NEED TO EVOLVE
¾ ELECTRONIC SEARCH & SEIZURE
NEEDS TO BE REFINED
¾ INTERNATIONAL COOPERATION IS
THE ONLY MANTRA FOR
SUCCESSFUL CYBERCRIME
REGULATION
 A PRESENTATION
BY
PAVAN DUGGAL,
ADVOCATE, SUPREME COURT
OF INDIA
PAVAN DUGGAL ASSOCIATES,

EMAIL : [email protected]
[email protected]