Cyber law is a term used to describe the legal issues related to use of communications technology, particularly
In India, cyber laws are contained in the Information Technology Act, 2000("IT Act") which came into force on October 17, 2000. The main purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government.
The following Act, Rules and Regulations are covered under cyber laws:
1. Information Technology Act, 2000
2. Information Technology (Certifying Authorities) Rules, 2000
3. Information Technology (Security Procedure) Rules, 2004
4. Information Technology (Certifying Authority) Regulations, 2001
Some Common Indian Cyber Laws:
Section 65 – Tampering with computer Source Documents
A person who intentionally conceals, destroys or alters any computer source code (such as programmers, computer commands, design and layout), when it is required to be maintained by law commits an offence and can be punished with 3 years’ imprisonment or a fine of 2 Lakhs INR or both .
Section 66 - Using password of another person
If a person fraudulently uses the password, digital signature or other unique identification of another person, he/she can face imprisonment up to 3 years or/and a fine of 1 Lakh INR.
Section 66D - Cheating Using computer resource
If a person cheats someone using a computer resource or a communication device, he/she could face imprisonment up to 3 years or/and fine up to 1 Lakh INR
Section 66E - Publishing private Images of Others
If a person captures, transmits or publishes images of a person’s private parts without his/her consent or knowledge, the person is entitled to imprisonment up to 3 years of fine up to 2 Lakhs INR or both.
Section 66F - Acts of cyber-Terrorism
A person can face life imprisonment if he/she denies an authorized person the access to the computer resource or attempts to penetrate/access a computer resource without authorization, with an aim to threaten the unity, integrity, security or sovereignty of the nation. This is a non-bailable offence.
Section 67 - Publishing Child Porn or predating children online
If a person captures, publishes or transmits images of a child in a sexually explicit act or induces anyone under the age of 18 into a sexual act, then the person can face imprisonment up to 7 years or fine up to 10 lakhs INR or both
Section 69 - Govt.'s Power to block websites
If the government feel it necessary in the interest of sovereignty and integrity of India, it can intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource. The power is subject to compliance of procedure. Under section 69A, the central government can also block any information from public access.
Section 43A - Data protection at Corporate level
If a body corporate is negligent in implementing reasonable security practices which causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages to the affection person.
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