Cyber Laws-- One should know.
We all are facing the problem of
Hacking in one or the other way.
But do we all know about the
laws in which that culprit
"Cracker" can really be punished?
Section 43 - Unauthorised Access
means Using someone account
without permission and
authentication.
Under the IT Act, 2008 no limit on
amount of compensation for offences under Section 43. Under IT Act, 2008 all the acts
referred under section 43, are
also covered u/Sec. 66 if they are
done “dishonestly” or
“fraudulently”.
Section 66(A) Sending of
offensive or false messages , Also
known as “Cyber Stalking” Section 66(B) Dishonestly
receiving stolen computer
resource or communication device
Also covers use of stolen
Computers, mobile phones, SIM
Cards, etc Punishment – imprisonment upto
3 years or fine upto Rs. 1 lakh or
both Section66(C) Identity theft
Fraudulently or dishonestly using
someone else’s electronic
signature, password or any other
unique identification feature.
Punishment - Imprisonment upto 3 years and fine upto Rs. 1 lakh Section 66(D) Cheating by
personation
Cheating by pretending to be
some other person
Punishment – imprisonment upto
3 years and fine upto Rs. 1 lakh. Covers sending of menacing,
offensive or false messages via
SMS/EMAIL/MMS
Punishment – imprisonment upto
3 years and fine. Section 66(E) Violation of
Privacy ,Popularly known as
Voyeurism
Pune spy cam incident where a
58-year old man was arrested
for installing spy cameras in his house to ‘snoop’ on his young
lady tenants Covers acts like hiding cameras in
changing rooms, hotel rooms, etc
Punishment –Imprisonment upto 3
years or fine upto Rs. 2 lakh or
both. Section 66(F) Cyber terrorism
Whoever uses cyberspace with
intent to threaten the unity,
integrity, security or sovereignty
of India or to strike terror in the
people Punishment - Imprisonment which
may extent to life imprisonment Section 67 - Publishing or
transmitting obscene material in
electronic form.
Punishment
First instance - imprisonment
upto 3 years and fine upto Rs. 5 lakh.
Subsequent - imprisonment upto
5 years and fine upto Rs. 10 lakh. Section 67(A) Cyber Pornography.
Publishing or transmitting sexually
explicit acts in the electronic
form
Similarity with Sec. 292 IPC
Punishment First instance - imprisonment
upto 5 years Subsequent -
imprisonment upto 7 years Fine
upto Rs. 10 lakh. Section 67(B)
Creating, collecting, browsing,
downloading, etc of Child
Pornography
Punishment
First instance - imprisonment upto 5 years.
Subsequent - imprisonment upto
7 years
Fine upto Rs. 10 lakh. Section 69 – Government’s
power to intercept
Government to intercept, monitor
or decrypt any information
generated through any computer
resource if it thinks to do so in the interest of the sovereignty
or integrity of India. Section 67(C) – Preservation of
information by intermediaries
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. Section 72(A) - Liability of
Intermediary not to disclose any
personal information
Intermediary to act as per the
terms of its lawful contract and
not beyond it. Punishment – imprisonment upto
3 years or fine upto 5 lakh or
both. Section 79- Liability of
Intermediary
An intermediary not to be liable
for any third party information,
data, or communication link made
available or hosted by him. Liability of Intermediary:-
Intermediary need to prove that
he didn’t –
Initiate the transmission,
Select the receiver of the
transmission, and Select or modify the information
contained in the transmission and
The intermediary observes due
diligence while discharging his
duties under the Act. Section 84(B) – Abetment
Abetting to commit an offence is
punishable
Punishment – Same punishment
provided for the offence under
the Act Section 84(C) – Abetment
Attempt to commit an offence is
punishable.
Punishment – Imprisonment which
may extend to one-half of the
longest term of imprisonment provided for that offence Section 78 – Investigation
Powers
As per the IT Act, 2008 Cyber
crime cases can be investigated
by the “Inspector” rank police
officers. Under the IT Act, 2000 such
powers were with the “DYSP/
ACP”. Section 77 (A) – Compounding of
Offences
Compounding – “Out of court
settlement” Offences
“for which less than three years
imprisonment has been provided”
can be compounded.
Such offence should not affect
the socio economic conditions of the country or
has been committed against a
child below the age of 18 years
or a woman.
These are the"Laws" according to
the "IT AMENDMENT ACT 2008" which was passed in 2009. We all
should be aware of our CYBER
RIGHTS, so that we together can
fight with the "CYBER THREATS"
Cyber Laws, Hacking, Cracker, Cheating
