Cyber Law in India

Here's an overview of cyber laws in India:

1. Information Technology Act, 2000:

  • The primary legislation governing cyber activities in India.
  • Defines cyber crimes and provides legal framework for e-commerce, digital signatures, and cyber offenses.
  • Establishes various cyber offenses such as hacking, data theft, and spreading of viruses.

2. Indian Penal Code (IPC), 1860:

  • Certain cyber crimes are punishable under the IPC, such as hacking (Section 66) and identity theft (Section 66C).

3. The Indian Evidence Act, 1872:

  • Provides guidelines for collecting and presenting electronic evidence in court.
  • Recognizes electronic records as evidence in legal proceedings.

4. The Copyright Act, 1957:

  • Protects digital content from unauthorized reproduction, distribution, and use.

5. The Right to Privacy:

  • While not a standalone law, the right to privacy is protected under Article 21 of the Indian Constitution.
  • The Supreme Court has also recognized privacy as a fundamental right in landmark judgments.

6. The National Cyber Security Policy, 2013:

  • Aims to protect information infrastructure in India and strengthen cyber security measures.

7. The Personal Data Protection Bill, 2019:

  • Addresses issues related to the collection, storage, and processing of personal data.
  • Introduces principles for handling personal data and establishes a Data Protection Authority.

8. The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016:

  • Governs the use and protection of Aadhaar data, India's biometric identity system.

9. Cyber Appellate Tribunal (CAT):

  • Established under the Information Technology Act to hear appeals against decisions made by Adjudicating Officers.

10. Cyber Cells and Cyber Crime Investigation Units:

  • Various state police departments have dedicated units to investigate cyber crimes.

11. International Cooperation:

  • India cooperates with international organizations and other countries to combat cyber crimes that transcend national borders.

These laws and institutions collectively form the legal framework for addressing cyber crimes and regulating digital activities in India.

Cyber Law in India  Offences & Section Under IT Act

1. Tampering with computer source Documents Sec.65

2. Hacking with computer systems , Data Alteration Sec.66

3. Sending offensive messages through communication service, etc Sec.66A

4. Dishonestly receiving stolen computer resource or communication device Sec.66B

5. Identity theft Sec.66C 6. Cheating by personation by using computer resource Sec.66D

7. Violation of privacy Sec.66E

8. Cyber terrorism Sec.66F

9. Publishing or transmitting obscene material in electronic form Sec .67

10. Publishing or transmitting of material containing sexually explicit act, etc. in electronic form Sec.67A

11. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form Sec.67B

11. Preservation and Retention of information by intermediaries Sec.67C

12. Powers to issue directions for interception or monitoring or decryption of any information through any computer resource Sec.69

13. Power to issue directions for blocking for public access of any information through any computer resource Sec.69A

14. Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security Sec.69B

15. Un-authorized access to protected system Sec.70

16. Penalty for misrepresentation Sec.71

17. Breach of confidentiality and privacy Sec.72

18. Publishing False digital signature certificates Sec.73

19. Publication for fraudulent purpose Sec.74

20. Act to apply for offence or contraventions committed outside India Sec.75

21. Compensation, penalties or confiscation not to interfere with other punishment Sec.77

22. Compounding of Offences Sec.77A

23. Offences with three years imprisonment to be cognizable Sec.77B

24. Exemption from liability of intermediary in certain cases Sec.79

25. Punishment for abetment of offences Sec.84B

26. Punishment for attempt to commit offences Sec.84C Note : Sec.78 of I.T. Act empowers Police Inspector to investigate cases falling under this Act

27. Offences by Companies Sec.85

28. Sending threatening messages by e-mail Sec .503 IPC

29. Word, gesture or act intended to insult the modesty of a woman Sec.509 IPC

30. Sending defamatory messages by e-mail Sec .499 IPC

31. Bogus websites , Cyber Frauds Sec .420 IPC

32. E-mail Spoofing Sec .463 IPC

33. Making a false document Sec.464 IPC

34. Forgery for purpose of cheating Sec.468 IPC

35. Forgery for purpose of harming reputation Sec.469 IPC

36. Web-Jacking Sec .383 IPC

37. E-mail Abuse Sec .500 IPC

38. Punishment for criminal intimidation Sec.506 IPC

39. Criminal intimidation by an anonymous communication Sec.507 IPC

40. When copyright infringed:- Copyright in a work shall be deemed to be infringed Sec.51

41. Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of Sec.63

42. Enhanced penalty on second and subsequent covictions Sec.63A

43. Knowing use of infringing copy of computer programme to be an offence Sec.63B

44. Obscenity Sec. 292 IPC

45. Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail Sec.292A IPC

46. Sale, etc., of obscene objects to young person Sec .293 IPC

47. Obscene acts and songs Sec.294 IPC

48. Theft of Computer Hardware Sec. 378

49. Punishment for theft Sec.379

50. Online Sale of Drugs NDPS Act

51. Online Sale of Arms Arms Act.