INFORMATION TECHNOLOGIES ACT, 2000

OBJECTIVE OF INFORMATION TECHNOLOGIES ACT

1. It is objective of I.T. Act 2000 to give legal recognition to any transaction which is done by electronic way or use of internet.

2. To give legal recognition to digital signature for accepting any agreement via computer.

3. To provide facility of filling document online relating to school admission or registration in employment exchange.

4. According to I.T. Act 2000, any company can store their data in electronic storage.

5. To stop computer crime and protect privacy of internet users.

6. To give legal recognition for keeping books of accounts by bankers and other companies in electronic form.

FEATURE OF IT ACT 

1.Focusing on data privacy

2.Focusing on Information Security

3.Defining cyber café

4.Making digital signature technology neutral

5.Defining reasonable security practices to be followed by corporate

6.Redefining the role of intermediaries

7.Recognizing the role of Indian Computer Emergency Response Team

8.Inclusion of some additional cyber crimes like child pornography and cyber terrorism

9.Authorizing an Inspector to investigate cyber offenses (as against the DSP earlier)

NON APPLICABILITY OF I T ACT

As per the sub clause (4) of Section 1, nothing in this Act shall apply to documents or transactions specified in First Schedule. Following are the documents or transactions to which the Act shall not apply −


1.Negotiable Instrument (Other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881;


2.A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;


3.A trust as defined in section 3 of the Indian Trusts Act, 1882;


4.A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition;


5.Any contract for the sale or conveyance of immovable property or any interest in such property;


6.Any such class of documents or transactions as may be notified by the Central Government.

PENALTIES AND OFFENCE UNDER I T ACT

Section 43 – Penalty and Compensation for damage to computer, computer systemIf 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 secures access to such computer, computer system or computer network or computer resource
Downloads, copies or extracts any data, computer data, computer database or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
Introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network-
Damages or causes to be damaged any computer, computer system or computer network, data, computer database, or any other programmes residing in such computer, computer system or computer network-
Disrupts or causes disruption of any computer, computer system, or computer network;
Denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means
Charges the services availed of by a person to the account of another person by tampering with or manipulating any computer of a computer, computer system or computer network-
Provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made there under,
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,
Steals, conceals, 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,

he shall be liable to pay damages by way of compensation to the person so affected.

Section 43A – Compensation for failure to protect data 

Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected.

Section 44 – Penalty for failure to furnish information or return, etc. 

If any person who is required under this Act or any rules or regulations made there under to –
Furnish any document, return or report to the Controller or the Certifying Authority, fails to furnish the same, he shall be liable to a penalty not exceeding one lakh and fifty thousand rupees for each such failure;
File any return or furnish any information, books or other documents within the time specified therefore in the regulations, fails to file return or furnish the same within the time specified therefore in the regulations, he shall be liable to a penalty not exceeding five thousand rupees for every day during which such failure continues:
Maintain books of account or records, fails to maintain the same, he shall be liable to a penalty not exceeding ten thousand rupees for every day during which the failure continues.

Section 45 – Residuary Penalty

Whoever contravenes any rules or regulations made under this Act, for the contravention of which no penalty has been separately provided,shall be liable to pay a compensation not exceeding twenty-five thousand rupees to the person affected by such contravention or a penalty not exceeding twenty-five thousand rupees.

Section 47 – Factors to be taken into account by the adjudicating officer 

Section 47 lays down that while adjudging the quantum of compensation under this Act, an adjudicating officer shall have due regard to the following factors, namely :-
The amount of gain of unfair advantage, wherever quantifiable, made as a result of the default;
The amount of loss caused to the person as a result of the default,
The repetitive nature of the default.
Offences sections

Section 65 – Tampering with Computer Source Documents

If any person knowingly or intentionally conceals, destroys code or alters or causes another to conceal, destroy code or alter any computer, computer program, computer system, or computer network,he shall be punishable with imprisonment up to three years, or with fine up to two lakh rupees, or with both.

Section – 66 Computer Related Offences

If any person, dishonestly, or fraudulently, does any act referred to in section 43,he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both.

Section 66A – Punishment for sending offensive messages through communication service

Any person who sends, by means of a computer resource or a communication device,
Any information that is grossly offensive or has menacing character;
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 makes by making use of such computer resource or a communication device,
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.

Section 66B – Punishment for dishonestly receiving stolen computer resource or communication device. Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason 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 one lakh.

Section 66D – Punishment for cheating by personation 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 one lakh rupees

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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,Explanation – For the purposes of this section:
“transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons;
“capture”, with respect to an image, means to videotape, photograph, film or record by any means;
“private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast;
“publishes” means reproduction in the printed or electronic form and making it available for public;
“under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that–
he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

Section-66F Cyber TerrorismWhoever,-
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 by –
denying or cause the denial of access to any person authorized to access computer resource; or
attempting to penetrate or access a computer resource without authorization or exceeding authorized access; or
introducing or causing to introduce any Computer Contaminant and by means of such conduct causes or is 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 community or adversely affect the critical information infrastructure specified under section 70, or
knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database 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, 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.
Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life

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Section 67 – Punishment for publishing or transmitting obscene material in electronic form 

Whoever publishes or transmits or causes to be published 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 two three years and with fine which may extend to five lakh rupees andin the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh 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 conductshall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees andin the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Section 67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form Whoever:-
publishes or transmits or causes to be published or transmitted 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 electronic 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 and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or
facilitates abusing children online or
records in any electronic form own abuse or that of others pertaining to sexually explicit act with children,

shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees
and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:
Provided that the provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form

Section 69 – Powers to issue directions for interception or monitoring or decryption of any information through any computer resource.-
Where the central Government or a State Government or any of its officer specially authorized by the Central Government or the State Government, as the case may be, in this behalf may, if is satisfied that it is necessary or expedient to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted received or stored through any computer resource.
The Procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.
The subscriber or intermediary or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub section (1), extend all facilities and technical assistance to –
provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or
intercept or monitor or decrypt the information, as the case may be; or
provide information stored in computer resource.
The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 69A – Power to issue directions for blocking for public access of any information through any computer resource
Where the Central Government or any of its officer specially authorized by it in this behalf is satisfied that it is necessary or expedient so to do in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-sections (2) for reasons to be recorded in writing, by order direct any agency of the Government or intermediary to block access by the public or cause to be blocked for access by public any information generated, transmitted, received, stored or hosted in any computer resource.
The procedure and safeguards subject to which such blocking for access by the public may be carried out shall be such as may be prescribed.
The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.

Section 69B. Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security
The Central Government may, to enhance Cyber Security and for identification, analysis and prevention of any intrusion or spread of computer contaminant in the country, by notification in the official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.
The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information.
The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed.
Any intermediary who intentionally or knowingly contravenes the provisions of subsection (2) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.

Section 71 – Penalty for misrepresentation 

Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Electronic Signature Certificate, as the case may be,shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 72 – Breach of confidentiality and privacy 

Any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 72A – Punishment for Disclosure of information in breach of lawful contract

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 other person shall be punished with imprisonment for a term which may extend to three years, or with a fine which may extend to five lakh rupees, or with both.

73. Penalty for publishing electronic Signature Certificate false in certain particulars.
No person shall publish a Electronic Signature Certificate or otherwise make it available to any other person with the knowledge that
the Certifying Authority listed in the certificate has not issued it; or
the subscriber listed in the certificate has not accepted it; or
the certificate has been revoked or suspended, unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation
Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 74 – Publication for fraudulent purpose: 

Whoever knowingly creates, publishes or otherwise makes available a Electronic Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 75 – Act to apply for offence or contraventions committed outside IndiaSubject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality.
For the purposes of sub-section (1), this Act shall 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.

Section 77A – Compounding of Offences.A Court of competent jurisdiction may compound offences other than offences for which the punishment for life or imprisonment for a term exceeding three years has been provided under this Act.Provided further that the Court shall not compound any offence where such offence affects the socio-economic conditions of the country or has been committed against a child below the age of 18 years or a woman.
The person accused of an offence under this act may file an application for compounding in the court in which offence is pending for trial and the provisions of section 265 B and 265C of Code of Criminal Procedures, 1973 shall apply.

Section 77B – Offences with three years imprisonment to be cognizableNotwithstanding anything contained in Criminal Procedure Code 1973, the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable.

Section 78 – Power to investigate offencesNotwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Inspector shall investigate any offence under this Act