Section 65 – Tampering with computer Source Documents.pptx
- 1. Cyber Crime • Meaning :-Cyber Crime is a generic term that refers to all criminal activities done using the medium of communication technology components, the internet, cyber space and the world wide web (www). • Cyber Crime is also known with Computer oriented crime. Ex:-Identity theft, internet scams and cyber stalking
- 2. Categorize Cyber crimes in two ways • The Computer as a Target :-using a computer to attack other computers. e.g. Hacking,Virus/Worm attacks,DOS attack etc. • computer as a weapon :-using a computer to commit real world crimes. e.g. Cyber Terrorism, IPR violations,Credit card frauds, Pornography etc.
- 3. Cyber Law • Meaning :-Cyber Law is the term used to describe a law that deals with issues related to the internet, technological and electronic elements, communication technology, including computers, software, hardware and information systems.
- 4. Importance of Cyber law • Cyber law is concerned with every individual these days. This is primarily because we all use internet in same or other form daily. Internet is used when we create any account online, while performing e- commerce transactions, net banking, for e-mails etc. • Cyber law is important because it touches almost all aspects of transaction and activities on and concerning the internet, the world wide web and cyber space. • Cyber law protects every individuals from getting trapped in any cyber violations.
- 5. Cyber Jurisprudence • Cyber Jurisprudence :-is the study of laws which is directly related to Cyber Crimes. Cyber jurisprudence also describes the principles of legal issues, which exclusively regulates the cyberspace and internet.
- 6. Information Technology Act 2000 • An act, also known as a bill, is a proposed piece of legislation that is introduced in a government body, such as a parliament. The purpose of an act is to create, amend or repeal a law or set of laws. • An act goes through a regulatory procedure of consideration and debate before it can become a law. The process of passing an act typically begins with the introduction of the bill in a government body like the houses of parliament. The bill is then assigned to a committee for further review and consideration.
- 7. • After the bill is passed by the government body, it is sent to the head of state or government, who may sign it into law. • Once an act is signed into law, it becomes a law and is enforceable by the government, and any unfair practices against it will be considered an offence.
- 8. What Is A Law? • A law is a set of rules or regulations that are created and enforced by a government or other authority aimed at improving the functioning of society and the conduct of people. • Laws are designed to govern the behaviour of individuals, organizations and institutions in a society and to provide a framework for maintaining order and protecting the rights of citizens.
- 9. Salient Features or Overview of Information technology Act, 2000 (I.T. Act, 2000) • It gives legal recognition carried out by means of Electronic Data Interchange (EDI) and other means of electronic communication. • The act provides legal recognition to E-Contracts i.e., business contracts and creation of rights and obligations through electronic media. • It facilitates E-governance and to encourage the use and acceptance of electronic records and digital signatures in government offices and agencies. This would also make the citizen- government interaction more hassle free. • It provides legal recognition for Electronic Records and Digital signatures. • It provides the mandatory obligation upon the Certifying Authority to obtain license to issue Digital Signature.
- 10. • It provides for the establishment of a regulatory body, i.e., Controller of Certifying Authority. • The Act provides the specifications about the Liability of Intermediaries and the exceptions to their liability. • The Act provides for the civil liabilities or penalties for Cyber Contraventions. • The Act provided the Punishments or penal provisions for Cyber offences. • Provision for setting up of Cyber Regulatory Appellate Tribunal (CRAT)
- 11. • Provision to make consequential amendments in the Indian Penal Code, 1860 and the Indian Evidence Act, 1872 to provide for necessary changes in the various provisions which deal with offences relating to documents and paper based transactions. • It provides for the amendment of the Reserve Bank of India Act, 1934 so as to facilitate electronic fund transfers between the financial institutions and also regulate the transactions by the online Customers of the Banks.
- 12. • It provided the provision to amend the Banker's Books Evidence Act, 1891 so as to give legal sanctity for books of accounts maintained in the electronic form by the banks. • So as to make the Electronic Cheque pave its way for the easier payments and easy transfer of amount, provision for the amendment of Negotiable Instrument Act, 1881 has been provided, in order to include the E-cheque in the definition of Cheque.
- 13. • Establishment of Enforcement Agencies like Cert-In, Examiner of Electronic Evidence etc., has been specified in the Act. (CERT-In's primary role is to raise security awareness among Indian cyber community and to provide technical assistance and advise them to help them recover from computer security incidents. CERT-In provides technical advice to System Administrators and users to respond to computer security incidents.) • Provision for the appointment of Adjudicating Officer has been mentioned in the Act, who verdicts about the Cyber Contraventions • The Act has Extra Territorial Application i.e., it applies to the cyber offences committed outside India by a person irrespective of his/her nationality • The provisions of the I.T. Act have “ No application” to negotiable instruments (except Cheque), power of attorney, trust, will and any contract for sale or conveyance of immovable property.
- 14. Certifying Authorities (CA) • Certifying Authorities (CA) has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000. National Informatics Center (NIC) IDRBT Certifying Authority SafeScrypt CA Services, Sify Communications Ltd. (n) Code Solutions CA E-MUDHRA
- 15. • CDAC • NSDL • ProDigiSign • Care4Sign • Verasys • XtraTrust • IDSIGN
- 16. Controller of Certifying Authority. • Controller of Certifying Authority is a government agency responsible for the digitization of government services and procurement procedures • Controller of Certifying Authority was established in May 2011 according to the Information and Communication Technology (Amended) Act, 2006. • The agency is run by a government appointed controller. The agency has been given the responsibility to introduce Digital Signature and electronic signatures in government • The agency is responsible for public key infrastructure . It prescribes Digital Signature Certificate.
- 17. Adjucating officer • Adjudicating officer has the powers of a civil court. Power to impose penalty/compensation: • The Adjudicating Officer also enjoys the power to impose penalty or determine the amount and award compensation. Section 46(2) Information Technology Act 2000.
- 18. Eligibility for Adjudicating Officer • (a)possesses a University Graduate Bachelor Degree or equivalent, recognised by Central Government /State Government for the purpose of recruitment to Grade I Service in a Government Department through Union/State Public Service Commission; • (b)possesses information technology experience in the areas of relevance to public interface with Central/State Government functioning and experience obtained though the in-service training imparting competence to operate computer system to send and receive e-mails or other information through the computer network, exposure and awareness about the method of carrying information, data, sound, images or other electronic records through the medium of network including Internet; • (c)possesses legal or judicial experience to discharge responsibilities connected with the role of Central/State Government in respect of making decisions or orders in relation to administration of laws as a District Magistrate, or Additional District Magistrate or Sub-Divisional Magistrate or an Executive Magistrate or in other administrative or quasi-judicial capacity for a cumulative period of 5 years; • (d ) is working and holding a post in Grade I in Government Department either in State Government/Union Territories to perform functional duty and discharge job responsibility in the field of information technology • (e)is an in-service officer not below the rank of Director to the Government of India or an equivalent officer of State Government.
- 19. Cyber laws that everyone using the internet must be aware of • Internet is just like life. It is interesting and we spend a lot of time doing amusing things here, but it comes with its fair share of trouble. With the technology boom and easy Internet access across the country, cyber crime, too, has become a pretty common occurrence. From hacking into computers to making fraudulent transactions online, there are many ways in which we can become a victim of illegal cyber activities. • To regulate such activities that violate the rights of an Internet user, the Indian government has the Information Technology Act, 2000, in place. Here are some of its sections that empower Internet users and attempt to safeguard the cyberspace.
- 20. Section 65 – Tampering with computer Source Documents A person who intentionally conceals, destroys or alters any computer source code (such as programmes, 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
- 21. 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.
- 22. 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
- 23. 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
- 24. 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.
- 25. 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
- 26. 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.
- 27. 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 effected person.
- 28. Section 72 Breach of confidentiality and privacy-----Imprisonment up to 2 years, or/and with fine up to ₹1,00,000 Section 73 Publishing electronic signature certificate false in certain particulars-------Imprisonment up to 2 years, or/and with fine up to 1,00,000 Section 74 Publication of Electronic signature for fraudulent purpose------Imprisonment up to 2 years, or/and with fine up to ₹1,00,000
- 29. Section 67C Failure to maintain records----Imprisonment up to three years, or/and with fine. Section 68 Failure/refusal to comply with orders----Imprisonment up to 2 years, or/and with fine up to ₹1,00,000 Section 70 Securing access or attempting to secure access to a protected system------ Imprisonment up to ten years, or/and with fine.
- 30. • Section 425 :-Mischief • Whoever with intention or knowingly cause • Wrongful loss or damage to any person • Causes the destruction of any property • Destroys or diminishes its value or utility • damaging computer systems will fall within the aforesaid section 425 of IPC. The maximum punishment for mischief is imprisonment of up to 3 (three) months or a fine or both.
- 31. • Section 379 :-Theft • Date of any company or any individual in any form is stolen by someone. • Punishable up to three years imprisonment or fine or both.
- 32. • Section 292 :-Sale, etc., of obscene book • Capturing, publishing or transmitting the image of a private area without any person’s consent or knowledge. • In first conviction up to two years imprisonment and fine rupees 2000. • In second conviction up to five years imprisonment or fine rupees 5000.
- 33. • Section 465 :-Punishment for forgery Making a false document • Punishable up to two years of imprisonment or fine or both.
- 34. • Cyber Crime Police Station • Location: Central Crime Station Building, Old Commissioner Office, Baseerbagh, Hyderabad, Telangana - 500 029
- 35. • Investment Frauds • Trading Frauds • OTP Frauds • Debit/Credit Card Frauds • Sextortion/Honey Trap • Dating Frauds • Hacking & Unauthorized Access • Pornography/ Child Pornography • Fake Profiles on Social Media. • Whatsapp DP Frauds • Cyber Terrorism • E-commerce Frauds • Cyber Stalking • Identity Theft • Data Theft • Insurance Frauds • Gift Frauds • Matrimonial Frauds • Political & Communal Cases • OLX Frauds & Marketing Frauds • Job Frauds
- 36. • Customer Care Frauds • Loan Frauds • KYC Frauds • Visa Frauds • Ransomware Frauds • Lottery Frauds • Business Frauds • Source Code Theft • Breach of Privacy and Confidentiality and other Computer related Crimes • Email Spoofing • Email Spamming • Email Bombing • Sending Threatening Emails • Email Frauds • Phishing • Any Other Online Crime