Cyber Law 2000

Computer crime
Computer crime, or cybercrime, is any crime that involves a computer and a network.[1] The
computer may have been used in the commission of a crime, or it may be the target. Netcrime is
criminal exploitation of the Internet, inherently a cybercrime. Dr. Debarati Halder and Dr. K.
Jaishankar (2011) define Cybercrimes as: "Offences that are committed against individuals or
groups of individuals with a criminal motive to intentionally harm the reputation of the victim or
cause physical or mental harm, or loss, to the victim directly or indirectly, using modern
telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and
mobile phones (SMS/MMS)". Such crimes may threaten a nations security and financial health.

Cyber Crime is not defined in Information Technology Act 2000 nor in the I.T. Amendment Act
2008 nor in any other legislation in India. In fact, it cannot be too. Offence or crime has been
dealt with elaborately listing various acts and the punishments for each, under the Indian Penal
Code, 1860 and quite a few other legislations too. Hence, to define cybercrime, we can say, it is
just a combination of crime and computer. To put it in simple terms any offence or crime in
which a computer is used is a cyber crime. even a petty offence like stealing or pick-pocket can
be brought within the broader purview of cyber crime if the basic data or aid to such an offence
is a computer or an information stored in a computer used (or misused) by the fraudster. The I.T.
Act defines a computer, computer network, data, information and all other necessary ingredients
that form part of a cyber crime, about which we will now be discussing in detail.

The Information Technology Act, 2000

The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the
Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India
dealing with cybercrime and electronic commerce. It is based on the United Nations Model Law
on Electronic Commerce 1996 Objectives of I.T. Legislation in India:

The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9
May 2000. The bill was finalized by group of officials headed by then Minter of Information
Technology Pramod Mahajan.

The original Act contained 94 sections, divided in 19 chapters and 4 schedules. The laws apply
to the whole of India. Persons of other nationalities can also be indicted under the law, if the
crime involves a computer or network located in India.
The Act provides legal framework for electronic governance by giving recognition to electronic
records and digital signatures. The formation of Controller of Certifying Authorities was
directed by the Act, to regulation issuing of digital signatures. It also defined cyber crimes and
prescribed penalties for them. It also established a Cyber Appellate Tribunal to resolve disputes
rising from this new law.

The Act also amended various sections of Indian Penal Code, 1860, Indian Evidence Act, 1872,
Banker's Book Evidence Act, 1891, and Reserve Bank of India Act, 1934 to make them
compliant with new technologies

The objective of Cyber Law

To provide legal recognition for transactions carried out by means of electronic data interchange
and other means of electronic communication, commonly referred to as "electronic commerce",
which involve the use of alternatives to paper-based methods of communication and storage of
information, to facilitate electronic filing of documents with the Government agencies and
further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books
Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected
therewith or incidental thereto.

The Act essentially deals with the following issues:

Legal Recognition of Electronic Documents

Legal Recognition of Digital Signatures

Offenses and Contraventions

Justice Dispensation

Systems for cyber crimes.

Cyber offences

Cyber offences are the unlawful acts which are carried in a very sophisticated manner in which
either the computer is the tool or target or both. Cyber crime usually includes:
(a) Unauthorized access of the computers
(b) Data diddling
(c) Virus/worms attack
(d) Theft of computer system
(e) Hacking
(f) Denial of attacks
(g) Logic bombs
(h) Trojan attacks
(i) Internet time theft
(j) Web jacking
(k) Email bombing
(l) Salami attacks
(m) Physically damaging computer system.

The offences included in the IT Act 2000 are as follows

1. Tampering with the computer source documents.

2. Hacking with computer system.

3. Publishing of information which is obscene in electronic form.

4. Protected system

5. Penalty for misrepresentation

6. Penalty for breach of confidentiality and privacy

7. Penalty for publishing Digital Signature Certificate false in certain particulars

8. Publication for fraudulent purpose

9. Act to apply for offence or contravention committed outside India

10. Confiscation

11. Power to investigate offences.