CYBERCRIME
AND
INDIAN CYBERLAW
A PRESENTATION
BY
PAVAN DUGGAL,
ADVOCATE, SUPREME COURT
OF INDIA
PRESIDENT,CYBERLAWS.NET
HEAD, PAVAN DUGGAL
ASSOCIATES
DR. L. PRAKASH- INDIA’S FIRST LIFE
TIMER CYBER CRIMINAL
FEBRUARY 7, 2008¾ 'Sex doctor' gets life in cyber-porn case
¾ CNN-IBN
¾
DR. L .PRAKASH- INDIA’S FIRST LIFE
TIMER CYBER CRIMINAL
¾A
fast track court in Chennai
sentenced orthopedics surgeon Dr
Prakash to life imprisonment
¾ Dr
Prakash has the dubious
distinction of being the first person to
be booked under the Information
Technology Act in India.
RECENT HACKING
¾
EMAIL
ACCOUNTS
INSITTUTIONS
AND
OFFICIALS HACKED
OF
SENSITIVE
DEPARTMENTS
¾
ACCOUNTS BELONGED TO NATIONAL
DEFENCE ACADEMY & DRDO OFFICIALS
RECENT HACKING (contd.)
¾
EMAIL IDs AND PASSWORDS POSTED ON A
WEBSITE www.derangedsecurity.com
¾
HACKER CLAIMED TO BE IN SWEDEN
¾
A
CLASSICAL
CYBERCRIME
TRANS-
NATIONAL
IMPORTANT CASES
¾ ARIF AZIM CASE
¾ SUHAS KATTI CASE
¾ BAAZEE.COM CASE
¾ SANJAY KUMAR KEDIA CASE
¾ AHMEDABAD
MUTH
CHILD
BLESSING CASE
CYBERCRIME LEGISLATION
¾
NO
DEDICATED
CYBERCRIME
LEGISLATION IN INDIA
¾
SOME
CYBERCRIMES
COVERED
UNDER
THE
INFORMATION
TECHNOLOGY ACT , 2000
CYBER LAW IN INDIA
¾
In India the Information Technology Act, 2000 is
the legislation that deals with issues related to the
Internet.
¾
Amended
by
the
Amendment Act, 2008
Information
Technology
OFFENCES & PENALTIES
¾ PENALTIES AND ADJUDICATION FOR
VARIOUS
OFFENCES
INVOLVING
COMPUTERS, COMPUTER SYSTEMS
AND COMPUTER NETWORKS.
OFFENCES & PENALTIES
(contd)
¾ PENALTIES
FOR
DAMAGE
TO
COMPUTER, COMPUTER SYSTEM ETC.
HAVE BEEN FIXED AS DAMAGES BY
WAY
OF
COMPENSATION
NOT
EXCEEDING
RS.
5,00,00,000/TO
AFFECTED PERSONS.
IT ACT & CYBERCRIME
¾
Various cyber offences defined
¾
Cyber offences to be investigated only by a
Police Officer not below the rank of an
Inspector
CYBER OFFENCES UNDER THE
IT ACT
¾
Tampering
with
computer
documents – Section 65
source
¾
Computer Related Offences - Section 66
¾
Publishing of information which is obscene
in electronic form - Section 67
CYBER OFFENCES UNDER THE
IT ACT
n
o
ti
a
ic
n
u
m
m
o
c
h
g
u
ro
th
s
sage
s
e
m
e
v
si
n
e
ff
o
g
in
d
n
e
S
„
service
r
o
e
rc
u
o
s
re
r
te
u
p
m
o
c
len
to
s
g
in
iv
e
c
re
y
tl
s
e
n
o
h
is
„ D
communication device
E
rc
u
so
r
te
u
p
m
o
c
g
in
s
u
by
n
o
ti
a
n
o
rs
e
p
y
b
g
n
ti
a
e
h
C
¾
¾ Identity theft
acy
„ Violation of priv
„ Cyber terrorism
CYBER OFFENCES UNDER THE
IT ACT (contd)
¾
Breach of confidentiality and privacy
¾
Misrepresentation
¾
Publishing Digital Signature Certificate
false in certain particulars and publication
for fraudulent purposes.
CYBER TERRORISM
¾
¾
¾
¾
for the first time, defined the concept of cyber
terrorism and has made it a heinous crime.
cyber terrorism as an offence that has been made
punishable with life imprisonment and fine.
This move should do tremendous service to the
cause of the Indian nation as also the sovereignty
, integrity and security of India.
Highly commendable move after Mumbai 26/11/
attacks
NEW CYBERCRIMES ADDED
¾
¾
¾
¾
provide far more exhaustive coverage of
cybercrimes in the law.
Various new cybercrimes have been added like
the activities defined in Section 43 of the IT Act,
2000.
The new amendments have added identity theft
and phishing as cybercrimes .
have also covered breach of privacy, child
pornography as specific offences.
A TOOTHLESS WONDER
¾
THE
AMENDED
TECHNOLOGY
WONDER
ACT-
WITH
CYBERCRIME
INFORMATION
A
TOOTHLESS
REFERENCE
PROSECUTION
REGULATION AND PREVENTION
TO
,
CYBERCRIMES
Cyber Crimes are neglected area of
jurisprudential growth.
¾ Three cyber crimes convictions in a country
of billion plus population in the last 15
years.
¾ People’s confidence in effective booking and
prosecution of cyber criminals by the law
enforcement agencies is being eroded.
¾
CYBERCRIMES
¾
Barring cyber terrorism and breach of
protected system the law has made cyber
crimes today as bailable offence where bail
is entitled as a mater of right . This is given
a completely non-serious approach to cyber
crimes.
¾
Police invariably are not interested in
registering cyber crimes.
CYBERCRIMES
Practical experience has shown that after
the amendments accused once out of bail go
ahead and delete the concerned electronic
evidence thereby making it impossible
before it would be prosecuted and convicted.
¾ No cybercrime conviction after the IT Act
amendments
¾
CYBERCRIMES
The amended Information Technology Act
has toothless wonder as far as treatment of
cyber crimes is concerned.
¾ There is a need for strengthening the law.
Large number of cyber crimes are still not
covered.
¾ These
includes social media crime
networking and other financial crimes.
¾
CYBERCRIMES
¾
There is a need for further amending the
Information Technology Act.
¾
There is further need for effectively providing
mechanisms and methodologies for appropriate
retention of electronic evidence.
¾
Inability to retain electronic evidence properly in
accordance with the law is one of the biggest
challenges for the successful prosecution of cyber
crimes.
INTERMEDIARIES
¾ NETWORK SERVICE PROVIDERS
ARE NOT CONTRIBUTING TO
THE
REGULATION
OF
CYBERCRIMES
¾ DO NOT GIVE DATA
¾ NEED FOR A FRESH LOOK AT
THEIR LIABILITY
CYBERCRIMES
¾ The
last one decade has seen
tremendous growth of cyber crimes
in India.
¾ Cyber crimes in India have become
far more sophisticated focused and
professional.
CYBERCRIMES
There is a need for cohesive, comprehensive
approach in tackling cyber crimes in terms
of having an stringent legislation and
effective enforcement.
¾ Need for empowering the relevant stake
holders with the relevant awareness, tools
and wherewithal for ensuring the successful
convictions of such cyber criminals.
¾
A PRESENTATION
BY
PAVAN DUGGAL,
ADVOCATE, SUPREME COURT
OF INDIA
PRESIDENT,CYBERLAWS.NET
HEAD, PAVAN DUGGAL
ASSOCIATES
pavan@pavanduggal.com