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CYBERCRIME CYBERCRIME AND AND
INDIAN CYBERLAWINDIAN CYBERLAW
A PRESENTATION A PRESENTATION BY BY
PAVAN DUGGAL,PAVAN DUGGAL,ADVOCATE, SUPREME COURT ADVOCATE, SUPREME COURT
OF INDIAOF INDIAPRESIDENT,CYBERLAWS.NETPRESIDENT,CYBERLAWS.NET
HEAD, PAVAN DUGGAL HEAD, PAVAN DUGGAL ASSOCIATESASSOCIATES
DR. L. PRAKASH- INDIA’S FIRST LIFE TIMER CYBER CRIMINAL
FEBRUARY 7, 2008-'Sex doctor' gets life in cyber-porn caseCNN-IBN
DR. L .PRAKASH- INDIA’S FIRST LIFE TIMER CYBER CRIMINAL
A fast track court in Chennai sentenced orthopedics surgeon Dr Prakash to life imprisonmentDr Prakash has the dubious distinction of being the first person to be booked under the Information Technology Act in India.
RECENT HACKING
EMAIL ACCOUNTS OF SENSITIVE INSITTUTIONS AND DEPARTMENTS OFFICIALS HACKED
ACCOUNTS BELONGED TO NATIONAL DEFENCE ACADEMY & DRDO OFFICIALS
RECENT HACKING (contd.)
EMAIL IDs AND PASSWORDS POSTED ON A WEBSITE www.derangedsecurity.com
HACKER CLAIMED TO BE IN SWEDEN
A CLASSICAL TRANS- NATIONAL CYBERCRIME
IMPORTANT CASES
ARIF AZIM CASESUHAS KATTI CASEBAAZEE.COM CASESANJAY KUMAR KEDIA CASEAHMEDABAD MUTH CHILD BLESSING CASE
CYBERCRIME LEGISLATION
NO DEDICATED CYBERCRIME LEGISLATION IN INDIA
SOME CYBERCRIMES COVERED UNDER THE INFORMATION TECHNOLOGY ACT , 2000
CYBER LAW IN INDIA
In India the Information Technology Act, 2000 is
the legislation that deals with issues related to the
Internet.
Amended by the Information Technology
Amendment Act, 2008
OFFENCES & PENALTIESOFFENCES & PENALTIES
PENALTIES AND ADJUDICATION FOR VARIOUS OFFENCES INVOLVING COMPUTERS, COMPUTER SYSTEMS AND COMPUTER NETWORKS.
OFFENCES & PENALTIES (contd)
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
Various cyber offences defined
Cyber offences to be investigated only by a
Police Officer not below the rank of an
Inspector
CYBER OFFENCES UNDER THE IT ACT
Tampering with computer source documents – Section 65
Computer Related Offences - Section 66
Publishing of information which is obscene in electronic form - Section 67
CYBER OFFENCES UNDER THE IT ACT
Sending offensive messages through communication Sending offensive messages through communication
service service Dishonestly receiving stolen computer resource or Dishonestly receiving stolen computer resource or
communication devicecommunication device
Cheating by personation by using computer sourcECheating by personation by using computer sourcE
IIdentity theftdentity theft
Violation of privacyViolation of privacy
Cyber terrorismCyber terrorism
CYBER OFFENCES UNDER THE IT ACT (contd)
Breach of confidentiality and privacy
Misrepresentation
Publishing Digital Signature Certificate false in certain particulars and publication for fraudulent purposes.
CYBER TERRORISM
for the first time, defined the concept of cyber for the first time, defined the concept of cyber terrorism and has made it a heinous crime. terrorism and has made it a heinous crime. cyber terrorism as an offence that has been made cyber terrorism as an offence that has been made punishable with life imprisonment and fine. punishable with life imprisonment and fine. This move should do tremendous service to the This move should do tremendous service to the cause of the Indian nation as also the sovereignty cause of the Indian nation as also the sovereignty , integrity and security of India., integrity and security of India.Highly commendable move after Mumbai 26/11/ Highly commendable move after Mumbai 26/11/ attacksattacks
NEW CYBERCRIMES ADDED
provide far more exhaustive coverage of provide far more exhaustive coverage of cybercrimes in the law. cybercrimes in the law. Various new cybercrimes have been added like Various new cybercrimes have been added like the activities defined in Section 43 of the IT Act, the activities defined in Section 43 of the IT Act, 2000. 2000. The new amendments have added identity theft The new amendments have added identity theft and phishing as cybercrimes . and phishing as cybercrimes . have also covered breach of privacy, child have also covered breach of privacy, child pornography as specific offences. pornography as specific offences.
A TOOTHLESS WONDER
THE AMENDED INFORMATION
TECHNOLOGY ACT- A TOOTHLESS
WONDER WITH REFERENCE TO
CYBERCRIME PROSECUTION ,
REGULATION AND PREVENTION
CYBERCRIMES
Cyber Crimes are neglected area of jurisprudential growth.Three cyber crimes convictions in a country Three cyber crimes convictions in a country of billion plus population in the last 15 of billion plus population in the last 15 years.years.PeoplePeople’’s confidence in effective booking and s confidence in effective booking and prosecution of cyber criminals by the law prosecution of cyber criminals by the law enforcement agencies is being eroded.enforcement agencies is being eroded.
CYBERCRIMES
Barring cyber terrorism and breach of Barring cyber terrorism and breach of protected system the law has made cyber protected system the law has made cyber crimes today as bailable offence where bail crimes today as bailable offence where bail is entitled as a mater of right . This is given is entitled as a mater of right . This is given a completely nona completely non--serious approach to cyber serious approach to cyber crimes.crimes.
Police invariably are not interested in Police invariably are not interested in registering cyber crimes.registering cyber crimes.
CYBERCRIMES
Practical experience has shown that after Practical experience has shown that after the amendments accused once out of bail go the amendments accused once out of bail go ahead and delete the concerned electronic ahead and delete the concerned electronic evidence thereby making it impossible evidence thereby making it impossible before it would be prosecuted and convicted.before it would be prosecuted and convicted.
No cybercrime conviction after the IT Act No cybercrime conviction after the IT Act amendmentsamendments
CYBERCRIMES
The amended Information Technology Act The amended Information Technology Act has toothless wonder as far as treatment of has toothless wonder as far as treatment of cyber crimes is concerned. cyber crimes is concerned.
There is a need for strengthening the law. There is a need for strengthening the law. Large number of cyber crimes are still not Large number of cyber crimes are still not covered. covered.
These includes social media crime These includes social media crime networking and other financial crimes.networking and other financial crimes.
CYBERCRIMESThere is a need for further amending the There is a need for further amending the Information Technology Act.Information Technology Act.
There is further need for effectively providing There is further need for effectively providing mechanisms and methodologies for appropriate mechanisms and methodologies for appropriate retention of electronic evidence. retention of electronic evidence.
Inability to retain electronic evidence properly in Inability to retain electronic evidence properly in accordance with the law is one of the biggest accordance with the law is one of the biggest challenges for the successful prosecution of cyber challenges for the successful prosecution of cyber crimes.crimes.
INTERMEDIARIESNETWORK SERVICE PROVIDERS NETWORK SERVICE PROVIDERS ARE NOT CONTRIBUTING TO ARE NOT CONTRIBUTING TO THE REGULATION OF THE REGULATION OF CYBERCRIMESCYBERCRIMES
DO NOT GIVE DATADO NOT GIVE DATA
NEED FOR A FRESH LOOK AT NEED FOR A FRESH LOOK AT THEIR LIABILITYTHEIR LIABILITY
CYBERCRIMES
The last one decade has seen The last one decade has seen tremendous growth of cyber crimes tremendous growth of cyber crimes in India. in India.
Cyber crimes in India have become Cyber crimes in India have become far more sophisticated focused and far more sophisticated focused and professional. professional.
CYBERCRIMES
There is a need for cohesive, comprehensive There is a need for cohesive, comprehensive approach in tackling cyber crimes in terms approach in tackling cyber crimes in terms of having an stringent legislation and of having an stringent legislation and effective enforcement.effective enforcement.
Need for empowering the relevant stake Need for empowering the relevant stake holders with the relevant awareness, tools holders with the relevant awareness, tools and wherewithal for ensuring the successful and wherewithal for ensuring the successful convictions of such cyber criminals.convictions of such cyber criminals.
A PRESENTATION A PRESENTATION BY BY
PAVAN DUGGAL,PAVAN DUGGAL,ADVOCATE, SUPREME COURT ADVOCATE, SUPREME COURT
OF INDIAOF INDIAPRESIDENT,CYBERLAWS.NETPRESIDENT,CYBERLAWS.NET
HEAD, PAVAN DUGGAL HEAD, PAVAN DUGGAL ASSOCIATESASSOCIATES
[email protected]@pavanduggal.com
