1. INFORMATION TECHNOLOGY ACT &
CYBER CRIME
Presented By-
Roll No 01:Yogendra Wagh Roll No 03:Sadanand Inamdar
Roll No 05:Poonam Gawade Roll No 07:Ravi Konda
Roll No 09:Ronald Patrick Roll No 11:Ganesh Sathe
Roll No 13:Ritesh Singh Roll No 15:Pravin Sawant
2. Birth of Cyber Laws
The United Nations General Assembly have adopted the Model Law
on Electronic Commerce on 30th January 1997.
It is referred to as the “UNCITRAL Model Law on E-Commerce”.
Enacted on 17th May 2000- India is 12th nation in the world to adopt
cyber laws.
India passed the Information Technology Act, 2000 on 17th
October, 2000.
Amended on 27th October 2009.
Amended Act is known as - The Information Technology
(amendment) Act, 2008.
3. THE IT ACT, 2000 –OBJECTIVES
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", involving the use of alternatives to paper-based methods of
communication and storage of information,
To facilitate electronic filing of documents with the Government agencies
To amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker's
Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934
4. Act is not applicable to…
(a) a negotiable instrument (Other than a cheque) as defined in section 13 of the
Negotiable Instruments Act, 1881;
(b) a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act,
1882;
(c) a trust as defined in section 3 of the Indian Trusts Act, 1882;
(d) a will as defined in clause (h) of section 2 of the Indian Succession Act, 1925
including any other testamentary disposition
(e) any contract for the sale or conveyance of immovable property or any interest in
such property;
(f) any such class of documents or transactions as may be notified by the Central
Government
6. Impact on banking Sector
Pressure from competition and regulatory environment .
Threat of Competition and Retaining Customer Base.
IT used for Communication, Connectivity and Business Process Re-
engineering.
Improve efficiency of money, capital and foreign exchange markets.
Lead to convergence of computer and communication technology to
enable TBA.
7. Cyber Law: Indian Culture And Government’s Role
“Any criminal activity that uses a computer either as an instrumentality, target or a means
for perpetuating further crimes comes within the ambit of cyber crime”
Need of Cyber Crime Law:
•Cyber space is an intangible and provides an extreme mobility
events taking place on the internet are not happening in the locations where participants or servers
are physically located, but "in cyberspace".
•Cyber space offers great economic efficiency.
Billions of dollars worth of software can be traded over the Internet without the need for any
government licenses, shipping and handling charges and without paying any customs duty.
•Cyber space has Complete disrespect for national boundaries.
A person in India could break into a bank’s electronic vault hosted on a computer in USA and transfer
millions of Rupees to another bank in Switzerland, all within minutes. All he would need is a laptop
computer and a cell phone.
•Cyber space is absolutely open to participation by all.
A ten year-old to an eighty year-old grand mother without any regard for the distance or the anonymity
between them.
8. TYPES OF CYBER CRIMES
• Cyber terrorism
• Cyber pornography
• Defamation Crime against Government
• Cyber stalking (section 509 IPC)
• Sale of illegal articles-narcotics, weapons, wildlife
• Online gambling
Crime against persons
• Intellectual Property crimes- software piracy, copyright
infringement, trademarks violations, theft of computer
source code
• Email spoofing Crime against property
• Forgery
• Phising
• Credit card frauds
9. CYBER CRIMES : CLASSIFICATION
Against Individuals: – Against Organization ( Government / Pvt
i. Harassment via e-mails. Firm/ Company): -
ii. Cyber-stalking. i. Unauthorized control/access over computer
iii. Dissemination of obscene material. system
iv. Defamation. ii. Possession of unauthorized information.
v. Unauthorized control/access over iii. Cyber terrorism against the government
computer system. organization.
vi. Indecent exposure iv. Distribution of pirated software etc.
vii. Email spoofing
viii. Cheating & Fraud
Against Individual Property: - Against Society at large: -
i. Computer vandalism. i. Pornography (basically child pornography).
ii. Transmitting virus. ii. Polluting the youth through indecent
iii. Netrespass exposure.
iv. Unauthorized control/access over iii. Trafficking
computer system. iv. Financial crimes
v. Intellectual Property crimes v. Sale of illegal articles
vi. Internet time thefts vi. Online gambling
vii. Forgery
10. CYBER CRIME CASES REGISTERED & PERSON
ARRESTED UNDER IT ACT (2006-2009)
11. Cybercrime provisions under IT Act,2000
Tampering with Computer source documents Sec.65
Hacking with Computer systems, Data alteration Sec.66
Publishing obscene information Sec.67
Un-authorized access to protected system Sec.70
Breach of Confidentiality and Privacy Sec.72
Publishing false digital signature certificates Sec.73
12. Amendment of IT Act 2000
• Criminal Provisions : Section 66(A)
Section 66
•Sending of offensive or false
• Provision has been messages - new provision
significantly changed.
• Under IT Act, 2008 all the acts
referred under section 43, are •Also known as “Cyber
also covered u/Sec. 66 if they Stalking”
are done “dishonestly” or
“fraudulently”.
•Covers sending of menacing,
• Many cybercrimes on which offensive or false messages via
there were no express SMS/EMAIL/MMS
provisions made in the IT Act,
2000 are now included in the
IT Act, 2008. •Punishment – imprisonment
up to 3 years and fine
13. Cont……..
• Section 66(B)
• Section 66(C)
• Dishonestly
receiving stolen • Identity theft - new
computer resource or provision
communication
device - new
• Fraudulently or dishonestly
provision
using someone else’s
electronic signature,
• Also covers use of password or any other
stolen Computers, unique identification
mobile phones, SIM feature
Cards, etc
• Punishment - imprisonment
• Punishment – upto 3 years and fine upto
imprisonment upto 3 Rs. 1 lakh
years or fine upto Rs. 1
lakh or both
14. Cont……….
•Section 66(E) •Section 66(F)
•Violation of privacy - new provision •Cyber terrorism - new provision
•Popularly known as Voyeurism •Whoever uses cyberspace with
intent to threaten the unity, integrity,
•Pune spy cam incident where a 58-
security or sovereignty of India or to
year old man was arrested for strike terror in the people
installing spy cameras in his house to
‘snoop’ on his young lady tenants •Punishment - Imprisonment which
may extent to life imprisonment
•Covers acts like hiding cameras in
changing rooms, hotel rooms, etc
•Punishment –imprisonment upto 3
years or fine upto Rs. 2 lakh or both
15. Cyber Pornography
• Section 67
• Publishing or transmitting obscene material in
electronic form
• Punishment –
First instance - imprisonment up to 3 years and fine up to Rs.
5 lakh.
Subsequent - imprisonment up to 5 years and fine up to Rs.
10 lakh.
• Section 67(A) – new provision
• Publishing or transmitting sexually explicit acts in the
electronic form
• Similarity with Sec. 292 IPC
• Punishment –
First instance - imprisonment upto 5 years Subsequent -
imprisonment up to 7 years Fine up to Rs. 10 lakh.
16. Cont…….
• Section 67(B) – new provision
• Creating, collecting, browsing, downloading, etc of Child
Pornography
• Punishment –
First instance - imprisonment up to 5 years.
Subsequent – imprisonment up to 7 years
Fine up to Rs. 10 lakh.
• Preservation of information by intermediaries
Section 67(C) – new provision
• Intermediary shall preserve and retain such
information as may be specified for such duration and
in such manner and format as the Central
Government may prescribe.
17. Famous BPO Cyber Crime Cases
• The recently reported case of a Bank
Fraud in Pune in which some ex
employees of BPO arm of MPhasis
Ltd MsourcE, defrauded US
Customers of Citi Bank to the tune of
RS 1.5 crores has raised concerns of
many kinds including the role of "Data
Protection".
• The crime was obviously committed
using "Unauthorized Access" to the
"Electronic Account Space" of the
customers. It is therefore firmly within
the domain of "Cyber Crimes".
18. Ahmadabad Blast : Haywood
Five minutes before the blast, an e-mails sent to national TV
channels warning about blasts in Ahmedabad. The e-mail is traced
to Kenneth Haywood’s computer, who stayed at Gunina apartment
in Navi Mumbai. Haywood claimed that his computer was hacked.
A technician associated with VSNL had asked him not to change
the password of his wireless Internet network. Haywood’s laptop
and computer was then sent to the forensic science laboratory at
Kalina.
Wi-Fi system used to hack Haywood's account to send the mail.
19. Parliament Attack Case
The Laptop seized from the gunned down terrorist contained
several evidences of terrorist’s motives. The sticker of the
Ministry of home that they had made on the laptop and pasted
on their ambassador car to gain entry into the parliament house
and the fake ID card that one of the two terrorists was carrying
with the Government of India emblem and seal.
20. National Association of Software and Services
Companies (NASSCOM):
• Premier trade body and the chamber of commerce of the IT-BPO industries in India
• Not-for-profit organization, registered under the Indian Societies Act, 1860
• NASSCOM is the global trade body with over 1200 members, of which over 250 are
global companies from the US, UK, EU, Japan and China
• NASSCOM's Vision is to maintain India leadership position in the global offshore
IT-BPO industry, to grow the market by enabling industry to tap into emerging
opportunity areas and to strengthen the domestic market in India
• NASSCOM's Aim to drive the overall growth of the technology and services market
and maintain India's leadership position, by taking up the role of a strategic advisor
to the industry.
• NASSCOM’S Objective include accelerating trade development efforts, improving
talent supply, strengthening local infrastructure, building partnerships and driving
operational excellence. NASSCOM is also helping catalyse the process of
innovation, IT workforce development and enhancing data security.
21. NASSCOM Initiative
• Diversity and Inclusivity Initiative: The initiative focuses on mentoring and
empowering diversity within the workplace with respect to gender, ifferently-abledand
multi-cultural workforce.
• Domestic IT Market Initiative: The focus is to promote and grow the domestic IT
market by driving IT adoption in newer industry verticals and small and medium
businesses.
• eGovernance Initiative: This initiative aims to be catalyst in eGovernance initiatives
and harness ICT for inclusive growth by facilitating collaboration between the industry
and government.
• Education Initiative: The initiative aims to improve the interface between the IT-BPO
industry and academia to ensure availability of globally employable IT-BPO
professionals. Specific programmes on enhancing capacity and employment of the
workforce are being undertaken.
• Green IT Initiative: This initiative is focused on enabling the IT-BPO industry in
India to contribute to the environment through technology and adoption of
environmentally-friendly infrastructure.
22. Future course of action:
• A broad & inclusive focus is necessary to protect the IT services,
• Strategies and Alert mechanism Against cyber attacks,
• Creating a global culture of cyber security,
• International cooperation at all levels should be developed further,
• Establish funding mechanisms to facilitate practical research,
• Encouraging states to upgrade, update, notify and educate about cyber laws & cyber attacks,
• Participatory approach involving Governments, the private sector and non-governmental
organizations,
• Include comprehensive curricular on computer related in Academics and impress upon ethical
behaviour of professionals,
• New recruitment to ensure a sizeable team to combat cyber crime
• Law enforcement officials, forensic investigators and experts need to be trained for effective
enforcement.
• Awareness is important and any incident should be reported at once & Users must try and
save any electronic information trail on their computers
23. COCLUSION:
• Indian Laws are well drafted and are capable of handling all kinds of
challenges as posed by cyber criminals. However, the enforcement agencies
are required to be well versed with the changing technologies and Laws.
24. Thank You!
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