CYBER CRIMES UNDER THE IT ACT, 2000

    CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM; CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORISM;CYBER CRIMES UNDER THE IT ACT, 2000 – TAMPERING WITH COMPUTER SOURCE DOCUMENTS, STOLEN COMPUTER RESOURCE, IDENTITY THEFT, VIOLATION OF PRIVACY, CYBER TERRORIS

    INTRODUCTION-

    The term cyber-crime, as such, has not been defined in any law or statute. Cyber-crime refers to any unlawful act related to internet, information technology, computers and virtual reality. A computer is both, a tool and a target in cyber-crimes. The IT Act, 2000 penalises a number of offences committed in the cyberspace.

    CYBER CRIMES UNDER THE IT ACT, 2000
    CYBER CRIMES UNDER THE IT ACT, 2000

    VARIOUS CYBER CRIMES UNDER THE IT ACT, 2000-

    The IT Act,2000, penalizes the following cyber-crimes:

    TAMPERING WITH COMPUTER SOURCE DOCUMENTS

    Under the section 65 of this act, any person who (knowingly or intentionally) conceals, destroys or alters or causes another person to do so to any computer source code which is used for a computer, computer programme, computer system or computer network when the computer source code is to be kept or maintained by law for the time being in force commits the said offence. Punishment- any person who commits the said offence shall be punishable with imprisonment for a term of upto three years or a fine of upto two lakh rupees, or with both.

    STOLEN COMPUTER RESOURCE OR COMMUNICATION DEVICE

    Under section 66B, any person commits this offence if that person dishonestly receives or keeps any stolen computer resource or communication device and also knows or haves a reason to believe the computer source a to be stolen computer resource or communication device. Punishment– Any person who commits the said offence shall be punished with imprisonment for a term of upto three years or a fine of upto one lakh, or with both.

    IDENTITY THEFT

    Under Section 66C of this Act, any person who (fraudulently or dishonestly) uses any electronic signature, password or unique identification features of another person commits offence of identity theft. Punishment- any person who commits the said offence shall be punishable with imprisonment for a term of upto three years along with a fine of upto rupees one lakh.

    VIOLATION OF PRIVACY

    Under section 66E this act, a person commits the violation of privacy of other person if he (intentionally or knowingly) captures, publishes or transmits any private image of any person without their consent commits the violation of privacy of that person. Punishment- any person who commits the said offence shall be punished with imprisonment of upto three years or a fine of two lakh rupees or less, or with both.

    CYBER TERRORISM

    Under section 66F, a person commits the offence of cyber terrorism if that person-

    (A) intends to threaten the unity, integrity, security or sovereignty of India or spread terror in any section of the people by–

    • Denies or causes such denial of access to a person who is authorised to access the computer resource.
    • Attempts to penetrate or access a computer resource without proper authority or exceeds any authorized access.
    • Introduces or causes any introduction to any computer contaminant.

    -And through this conduct causes or is likely to cause death or injury to any person or damage to a property, also, damages or knows that it is likely to cause any kind of damage to the supplies or services important to the life of the community or adversely affect the critical information infrastructure.

     (B) penetrates (knowingly or intentionally) or accesses a computer resource without proper authority or exceeds the authorised access, and by such conduct, accesses any information or computer data base restricted for reasons of security with reasons to believe that such information or computer data base obtained may cause or is likely to cause any damage to the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or with regards contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise.

    Punishment- any person who commits or conspires to commit the offence of cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.

    OBSCENITY

    Sections 67, 67A and 67B of this act prescribe punishment for publishing or transmitting, in electronic form:

    • any obscene material;
    • any material containing sexually explicit act, etc.; and
    • any material depicting children in sexually explicit act, etc. respectively.

    Punishment- Under section 67 of the IT Act, a person committing the offence of Obscenity is punishable as follows-

    On the first conviction, imprisonment of a term of upto three years along with a fine of upto five lakh rup.ees

    On the second conviction, imprisonment for term upto five years, along with a fine of upto ten lakh rupees.

    For offences under sections 67A and 67B of the IT Act, the punishment is as follows-

    On first conviction, imprisonment for a term of upto five years along with a fine of upto ten lakh rupees.

    On the second conviction, imprisonment for a term of upto seven years along with a fine of upto ten lakh rupees.

    MISREPRESENTATION

    Under section 71 of the IT Act, any person who makes any misrepresentation or suppresses any material fact from the Certifying Authority with a view of obtaining a license or electronic signature Certificate. Punishment- any person committing the offence of misrepresentation shall be punished with imprisonment for a term of upto two years or a fine of upto one lakh rupees, or with both.

    Breach of confidentiality and privacy

    Under section 72 of the IT Act, a person is said to commit the offence of breach of privacy if he/she, has an access to an electronic record, book, register, correspondence, information, document or any other material without the consent of the person concerned discloses the same to any other person in pursuance of any of the powers stated under this act, rules or regulations. Punishment- any person who commits the said offence shall be punished with imprisonment for a term of upto two years or a fine of upto one lakh rupees, or with both.

    CONCLUSION

    The IT Act, 2000 penalises a number of cyber-crimes. The Indian Penal Code, 1860 also penalises certain cyber-crimes, however, here only the provisions of the IT Act, 2000 have been discussed and analyzed. Various sections of the act provide for the punishment for cyber offences such as identity theft, cyber terrorism, obscenity, etc.