CYBERCRIME

DEFINITION
Cybercrime refers to all the activities done

with criminal intent in cyberspace or using the

medium of Internet.
These could be either the criminal activities
in the conventional sense or may be activities
newly evolved with the growth of the new
medium.

GROSS UNDER
REPORTING
FOR
EVERY
500
INSTANCES
OF

CYBERCRIMES THAT OCCUR IN INDIA,

ONLY 50 ARE REPORTED AND
OUT OF THE SAME, ONLY ONE CASE GETS

REGISTERED BY THE POLICE.

UNDER REPORTING DOES NOT EQUAL TO

ABSENCE OF CYBERCRIME

CYBERCRIME IMPACT
ON IT

Cybercrime
adversely impacts various

activities in the electronic medium using

computers, computer systems and computer
networks
Effect is not just destruction or adverse
impact on data.
Cybercrimes also have the ability to disrupt
or damage computers, computer systems and
computer networks as also data or information
resident therein
Cybercrimes directly inhibit e-commerce and
the free use of the Internet and computers.

CYBERCRIME
CATEGORIES
Cybercrimes can be basically

divided into 3 major categories

being Cybercrimes
against persons
against property
against Government

STATISTICS
The Asian School of Cyberlaws Computer

Crime and Abuse Report (India) 2001-02

reports that Data Theft at 33% makes up
largest category of reported incidents of
Cybercrime.
Of this 37% of data stolen is the
Source/Object Code.

INFORMATION TECHNOLOGY
ACT, 2000 & CYBERCRIME
Various cyber offences defined
Cyber offences to be investigated only by a

Police Officer not below the rank of the

Deputy Superintendent of Police.

CYBER OFFENCES UNDER

THE IT ACT
Tampering

with
computer
source
documents Section 65
Hacking - Section 66
Publishing of information which is obscene
in electronic form - Section 67

SECTION 65
Tampering with computer source documents
Knowingly
or intentionally concealing,

destroying or altering or intentionally or

knowingly causing another to conceal,
destroy or alter any computer source code
used for computer, computer programme,
computer system or computer network,
when the computer source code is required
to be kept or maintained by law for the time
being in force

Imprisonment up to FOR
three years, or
PUNISHMENT
fine which may extend up to two
TAMPERING
COMPUTER
rupees, or with both.
SOURCE DOCUMENTS

with
lakh

SECTION 66
Hacking with computer system
Occurs when there is intent to cause or

knowledge that one is likely to cause

wrongful loss or damage to the public or
any person by destroying or deleting or
altering any information residing in a
computer resource or diminishing its value
or utility or affecting it injuriously by any
means

PUNISHMENT FOR
HACKING
Imprisonment up to three years, or with

fine which may extend upto two lakh

rupees, or with both.

SECTION 67
Publishing of information which is obscene

in electronic form
Publishing or transmitting or causing 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

PUNISHMENT FOR
PUBLISHING OBSCENE
On first conviction - imprisonment of
INFORMATION
either description forIN
a term which may
extend
to
five
years
and
with
fine
which
ELECTRONIC
FORM
may extend to one lakh rupees
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)
Breach of confidentiality and privacy
Misrepresentation
Publishing Digital Signature Certificate

false in certain particulars and publication

for fraudulent purposes.

NEW MANIFESTATIONS
NEW FORMS AND MANIFESTATIONS OF

CYBERCRIMES EMERGING EVERYDAY.

IT ACT DEFICIENT
The offences defines in the IT Act are by no

means exhaustive.
However, the drafting of the relevant
provisions of the IT Act make it appear as if
the offences detailed in the said IT Act are
the only Cyber offences possible and
existing.

NEED FOR
INGENUITY
Just as human mind is ingenious enough

to devise new ways for perpetuating

crime, similarly, human ingenuity needs
to be channelised into developing
effective
legal
and
regulatory
mechanisms to control and prevent
Cybercrimes.

BREACH OF SECURITY
Breach of security attracts consequences

of civil liability.
If a person without the permission of
owner or any other person in charge of a
computer, computer system or computer
network, accesses or secures access to
such computer, computer system or
computer network, he is liable to pay
statutory
damages
by
way
of
compensation, not exceeding one crore
rupees to the person so affected.

CIVIL LIABILITY
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, and providing any assistance to any
person for doing any of the acts mentioned
above, would also attract the civil liability
of damages by way of compensation not
exceeding rupees one crore.

BREACH OF
SECURITY (contd.)
Breach

of security is also implicitly

recognized as a penal offence in the form
of hacking.
This offence is declared as a penal offence
punishable with three years imprisonment
and two lakh rupees fine.

INVESTIGATION
For

the purpose of investigating the

offences detailed under the IT Act, 2000,
police officers not below the rank of
Deputy Superintendent of Police have been
duly authorized and who have also been
given the power of entry, search and arrest
without warrant in public places.

Section 79
For the removal of doubts, it is hereby

declared that no person providing any

service as a network service provider shall
be liable under this Act, rules or
regulations made thereunder for any third
party information or data made available
by him if he proves that the offence or
contravention was committed without his
knowledge or that he had exercised all due
diligence to prevent the commission of
such offence or contravention.

Network Service Providers:

When Not Liable
Explanation.For the purposes of this

section,
(a) "network service provider" means an
intermediary;
(b) "third party information" means any
information dealt with by a network service
provider in his capacity as an intermediary.

OFFENCES BY COMPANIES
Where a person committing a contravention of
any of the provisions of this Act or of any rule,
direction or order made thereunder is a
company, every person who, at the time the
contravention was committed, was in charge of,
and was responsible to, the company for the
conduct of business of the company as well as
the company, shall be guilty of the
contravention and shall be liable to be
proceeded against and punished accordingly:

OFFENCES BY
COMPANIES(contd)
Provided that nothing contained in this subsection shall render any such person liable to
punishment
if
he
proves
that
the
contravention
took
place
without
his
knowledge or that he exercised all due
diligence to prevent such contravention.

CLAUSE 49, SEBI

FOR LISTED COMPANIES

CERTIFICATIONS BY CEO

AND

THE

COMPLAINCE OFFICER
CERTIFICATION OF DATA , INFORMATION,
COMPUTERS, COMPUTER SYSTEMS AND
COMPUTER NETWORKS
NEED FOR CYBER LEGAL DUE DILIGENCE

DUE DILIGENCE
Compliance with IT Act, IT Rules,

notifications etc.
Compliance with Indian Evidence Act.
Information Technology Security Policy
Legal Authentication of E- records.
Retention of E-records as per law.

CONCLUSION
Techno-Legal Risks in todays Business

Environment.
Need to have a systematic plan for to

measure risk of exposure to the same.

Due Diligence and Compliance only

mantra of survival in todays E- world.

CONCLUSION(contd)
Limiting your liability for criminal activities

done on your computers, computers and

computer networks by others is absolutely
essential lest we face some unpleasant
situations.

CONCLUSION(contd)

CYBERLAW AUDIT OF YOUR OPERATIONS USING

COMPUTERS, COMPTUER SYSTEMS AND

COMPUTER NETWORKS CRITICAL FOR YOUR
CONTINUED GROWTH.
PAVAN DUGGAL ASSOCIATES UNDERTAKES

CYBERLAW AUDITS FOR CLIENTS FOR LIMITING

THEIR LIABILITY