2. Content :
- Introduction of IT Act
- Amendments
- Section 65
- Section 66
- Section 67
- Section 68
- Section 69
- Section 70
- Section 71
- Section 72
- Section 73
- Section 77
- Copyright Act
- Freedom Of Speech
- Identity Theft
- Right To Internet Access
3. Introduction of IT Act:
ITA-2000 was enacted on 9th June 2000 and commenced on 17th Oct 2000. It contains 90-
Sections, which are further divided into 13 chapters and 4 schedules.
This Act has also affected few sections of Indian Penal Code like:
- The Indian Evidence Act (1872)
- The Bankers Book Evidence Act (1891)
- Reserve Bank of India Act (1934)
4. Amendments:
In 2008 few major amendments were made which introduced Section 66A for "Offensive
Messages". It also added provisions for Pornography, Child Porn, Cyber Terrorism and Voyeurism.
5. Section 65
Tempering with computer source code.
Description:
If a person knowing or intentionally destroys/hinders any of the computer source code, computer
programme or for computer network which should be maintained by law.
Penalty:
Imprisonment up to three years or with fine up to ₹200000.
6. Section 66
Hacking with computers.
Description:
If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage
to the public or any person destroys or deletes or alters any information residing in a computer
resource or diminishes its value or utility or affects it injuriously by any means, commits hack.
Penalty:
Imprisonment up to three years, or/and with fine up to ₹500,000
7. Section 67
Publishing obscene information
Description:
• Publishing information which is obscene in electronic form.
• If a person publishes or transmits or causes to be published in the electronic form, any material
which is lascivious or appeals to the prurient interest of its effect is such as to tend to deprive and
corrupt persons who are likely, having regard to all relevant circumstances to read hear or see the
matter contained in it.
Penalty:
• Imprisonment Up to 5 years and with fine Up to 10,00,000.
8. Section 68
Power of Controller to give directions.
Description:
The Controller may, by order, direct a Certifying
Authority or any employee of such Authority to take such measures or cease carrying on
such activities as specified in the order if those are necessary to ensure compliance with the
provisions of this Act, rules or any regulations made thereunder.
Penalty:
Any person who intentionally or knowingly fails to comply with any order under sub-section shall
be guilty of an offence and shall be liable on conviction to imprisonment for a term not
exceeding
two years or a fine not exceeding one lakh rupees or with both.
9. Section 69
Failure of decrypt data.
Description:
The conversion of encrypted data into its original form is called Decryption. It is generally a reverse
process of encryption. It decodes the encrypted information so that an authorized user can only
decrypt the data because decryption requires a secret key or password.The subscriber or any person
in charge of the computer resource shall, when called upon by any agency which has been directed,
must extend all facilities and technical assistance to decrypt the information. The subscriber or any
person who fails to assist the agency referred is deemed to have committed a crime.
Penalty:
Imprisonment up to seven years and possible fine.
10. Section 70
Securing access or attempting to secure access to a protected system
Description:
The appropriate Government may, by notification in the Official Gazette, declare that any computer,
computer system or computer network to be a protected system.
The appropriate Government may
by order in writing, authorise the persons who are authorised to access protected systems. If a person who
secures access or attempts to secure access to a protected system, then he is committing an offence.
Penalty:
Imprisonment upto 10 years and fine also.
11. Section 71
Misreprentation.
Description:
A misrepresentation is an untrue statement of a material fact made by one party which affects the
other party's decision in corresponding to a contract. In such a contract dispute, the party who
made the misrepresentation becomes the defendant and the aggrieved party is the plaintiff.If
anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or
the Certifying Authority for obtaining any license or Digital Signature Certificate.
Penalty:
Imprisonment up to 2 years, or/and with fine up to ₹100,000
12. Section 72
Breach of confidentiality and privacy
Description:
If any person who, in pursuance of any of the powers conferred under this Act, rules or regulations
made thereunder, 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.
Penalty:
Imprisonment for a term which may extend to two years, or with fine which may extend to one lakh
rupees, or with both
13. Section 73
Penalty for publishing electronic Signature Certificate false in certain particulars
Description:
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.
Penalty:
Any person who contravenes the provisions of sub-section 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.
14. Section 77
- Compensation, penalties or confiscation not to interfere with other punishment.–No
compensation awarded, penalty imposed or confiscation made under this Act shall prevent the
award of compensation or imposition of any other penalty or punishment under any other law
for the time being in force.
15. Copyright Act
It’s a right to copy. This means that the original creators of products and anyone they give
authorization to are the only ones with the exclusive right to reproduce the work.Subject Matter
Of The Copyright :-
1. Literary,
2. Artistic,
3. Educational,
4. Musical Content.
In Simple Terms, It is a right to copy or reproduce the work for which the author has got
the copyright.
16. Freedom of speech
It supports an individual or a community to express their ideas and thoughts without fear of
retaliation or legal sanction. It comes under article 19(A). Freedom of speech can be considered as
hate speech , if it is against any community , gender , government, government officials, or on a
person at certain position. This law offers punishment for person who uses wrong or hate words for
anyone
17. Identity Theft
It is use of someone else's identity to gain some fame or financial advantage. It can harm and make
loss to other person.The person whose identity has been assumed may suffer adverse
consequences, especially if they are held responsible for the perpetrator's actions. Identity theft
occurs when someone uses another's personally identifying information, like their name, identifying
number, or credit card number, without their permission, to commit fraud or other crimes. The term
identity theft was coined in 1964. Since that time, the definition of identity theft has been statutorily
defined throughout both the U.K. and the United States as the theft of personally identifiable
information, generally including a person's name, date of birth, social security number, driver's
license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints,
passwords, or any other information that can be used to access a person's financial resources.
18. Right to internet access
The right to internet access is also called broadband. It means that every citizen have right to access
the internet and no one can restrict them. It is considered as the freedom of expression for
digitalization. It is really important aspect of today's life. So it is considered as fundamental right
also. This right comes under article 19 of constitution.
An argument can be made that internet access should be recognised as an independent
fundamental right, conceivable as an aspect of the right to life under Article 21.
19. Conclusion
As internet is the most important elements of todays life. It is very beneficial to us but at the same
time it can be very harmful if missused. So, to prevent us from being missguided by Cyberattack this
law was inforced and is very helpful to us.