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Cyber Crime Law Summary

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D. Cyber Crime Provisions in IT Act, 2000 and IT (Amendment) Act, 2008
In common parlance cyber crime is understood as any unlawful act where computer is either a tool or target or both. Since e- governance primarily involves the use of information and communication technology, therefore for effective monitoring, implementation and delivery of any e-governance service, it becomes imperative for the government personnel and operators involved to have knowledge about cyber crime provisions and legal implications of the violations thereof. Summary of cyber crime provisions in IT Act are given below:
a. Penalty and compensation for damage to computer, computer system, etc.
Section 43 identifies ten different wrongs of causing damage to the computer, …show more content…

It makes it mandatory for “body corporate” handling sensitive personal data (e.g. mail services, banks, insurance companies) to put in place “reasonable security practices and procedures “as prescribed by the Central government. In fact, the present section prescribed a redressal mechanism whereby, any affected person who has suffered loss can seek compensation from a body corporate that has been negligent in implementing and maintaining reasonable security practices.
b. Tampering with Source Code
Computer source code is the intellectual property invested in the computer programmes and Section 65 of the IT Act is intended to prevent the tampering of the computer source documents. Explanation to Section 65 defines ‘computer source code to include listing of programmes, computer commands, design and layout. According to Section 65,” if anyone knowingly or intentionally conceals, destroys or alters computer source code, when the computer source code is required to be kept or maintained by law, it is punishable by fine up to Rs.2 lakh and / or imprisonment up to three years.”
c. Computer Related …show more content…

Also covers Cyber Stalking and Phishing.
• Section 66B: Receiving a Stolen Computer Resource - applies to purchase or trading or use of stolen computers or mobiles besides information
• Section 66C: Identity Theft - applies to Password theft, theft of cryptographic key etc.
• Section 66D: Cheating by impersonation - applies to Phishing, Job Frauds etc
• Section 66E: Violation of Privacy - applies to Video Voyeurism
• Section 66F: Defines Cyber Terrorism and punishment for the same.
• Section 66F (A): Act done with the intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people.

E. Indian Penal Code
Apart from IT Act, 2000 and amendment of 2008, some of the cyber crimes are also covered by Indian Penal Code. A brief summary of the concerned provisions is given below:

Cyber Crimes under IPC
IPC Section Cyber Crimes
Sec 503 Sending threatening messages by email
Sec 499, 500 Sending defamatory messages by email
Sec 463, 470, 471 Forgery of electronic records
Sec 420 Bogus websites, cyber frauds
Sec 416, 417, 463 Email

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