INTRODUCTION
In this modern era, people enjoy excessive advantages of the digitalization. Every thing has two sides or impact, similarly digitalization is a kind of a coin has two different aspects that are negative or positive likewise cyber crime is one of the drawback of digitalization.
Cyber Crime or Computer crime is a crime that involves computer and internet. Information Technology Act, 2000 is special provision only deals with cyber crime and electronic commerce in India. This Information technology provision has adopted the modern law on electronic commerce by United Nation Commission on International Trade Law on dated 30th January, 1997. The bill of Information Technology provision was finalized by Mr. Pramod Mahajan who was the minister of Information technology by then in India and the bill passed during budget session 2000 and signed by President K.R. Narayanan on dated 9th May 2000. Later on, the provision began to known as Information Technology Act, 2000.
An Act provide legal recognition for digital transaction such as electronic data interchange or by other means electronic communication, or provide safeguard to ‘Electronic Commerce’ in which involve paper based method of communication and storage of information and data interchange of government agency through electronic medium.
The person belong any other nation than India can also be convicted under the Information technology Act if the crime involves Indian network or computer. The dispute related to cyber crime settle by the Cyber Appellant Tribunal.
OFFENCES AGAINST CYBER CRIME
Tampering with computer source documents: whoever or by any another, knowingly and intentionally conceal, destroy, alter any computer source code used for computer network when the computer source code (means listing of Programmed, Computer Command, Design, Layout Programmed analysis-Programmers Optimization and Correctness etc.) is required to be kept or maintained by law. In other word, if any person knowingly or intentionally interferes with computer source in order to cause damage, destroy or alter shall be punishable with imprisonment up to three years, or fine may be extend up to two lakh rupees, or with both under Section 65.
Computer Related Offence: Whoever dishonestly or fraudulently does any act refers under section 43 of information technology act shall be punishable with imprisonment for a term which extent up to five years, or with fine may be extent up to five lakh rupees or, with both under section 66.
Section 66 A. Punishment for sending offensive message through communication service etc. Whoever, who send by electronic medium- any false information or electronic mail for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will or to deceive, or to mislead shall be punishable with imprisonment for a term which may extent up to three years or with fine.
Section 66 B. Whoever, dishonestly receiving stolen computer resource or communication device and having reason to believe the same to be stolen computer resources or communication device shall be punishable with imprisonment either description for a term which may extent up to three years, or fine which may extent up to one lakh.
Section 66 C. Punishment for identity theft- whoever dishonestly or fraudulently use of electronic signature or password or any unique identification of any other person shall be punishable with imprisonment either description for a term which may extent up to three years, or fine which may extent up to one lakh
Section 66 D. Whoever, by mean of computer resources or by communication device cheat by personating, shall be punishable with imprisonment either description for a term which may extent up to three years, or fine which may extent up to one lakh
Section 66 E. Violation of privacy: whoever, knowingly or intentionally capture , publishes, or transmit the image of a private area of a person without his or her consent, under such circumstances violating the privacy of that person shall be punishable with imprisonment which may extent up to three years, or fine not exceeding two lakh rupees. For the purpose of this section, person in private area, in undergarments or in naked where he or she has reasonable expectation of privacy.
Section 66 F. Punishment for cyber terrorism. Whoever, with intent to threaten the unity, integrity, security, sovereignty of India
Section 67. Punishment for publishing any obscene material in electronic form then accused shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extent 10 laky rupees and on second conviction imprisonment may extend seven years also fine which may extent 10 lakh rupees
Section 67A. Punishment for publishing or transmitting of material containing sexually explicit act etc. shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extent 10 lakh rupees and on second conviction imprisonment may extend seven years also fine which may extent 10 lakh rupees.
Section 67 B. Punishment for publishing or transmitting of material depicted children in sexually explicit act etc in electronic form shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extent 10 lakh rupees and on second conviction imprisonment may extend seven years also fine which may extent 10 lakh rupees.
Section 67 C. Preservation and retention of information by intermediator or agent. Whoever deemed as intermediator intentionally fails to maintain the record for stipulated duration and retain such record maximum from given duration then intermediate shall be punished with imprisonment which may extend for three year or also liable to fine.
Section 68. Power of Controller to give Direction. Controller empower to give direction other certified authority and if any person knowingly and intentionally fails to comply any order shall punishable with imprisonment up to two years or fine which may not exceeding one lakh rupees or with both.
Section 69. Power to issue direction to any other certified authority for interception or monitoring or decryption of any information through any computer resources and the person fails to comply direction in order to monitoring, interception or decryption then the person shall be punishable with imprisonment up to seven years or with fine.
Section 69 A. Power to issue direction for blocking for public access of any information through any computer resources. If person fails to comply the order then the person punishable for a term which may extend to seven years or with fine.
Section 69 B. Controller empowers to authorise to monitor and collect traffic data or information through any computer resource for cyber security if other authority does not make available data to controller shall be punishable with imprisonment up to three year or with fine.
Section 70. Protected System. Whoever, interfere or access to a protected system without authorized consent shall be punishable with imprisonment which may extend up to ten year or with fine.
Section 70 A. National Nodal Agency. The central government designate an organization as national nodal agency in respect of critical information infrastructure protection which shall be responsible for research and development related to protection of critical information infrastructure
Section 70 B. Indian computer emergency response team (ICERT) serve as national agency and play crucial role under the ministry of electronics and information technology which collect data during emergency, whoever fail to response to team during emergency shall be punishable with imprisonment up to one year or with fine up to one lakh rupees
Section 71. Penalty for Misrepresentation. Whoever makes any misrepresentation and suppresses any fact material from controller or any certified authority to obtain license or (electronic signature) certificate shall be punishable imprisonment which may be extend for two years or with fine which may extend to one lakh or with both
Section 72. Punishment for breach of confidentiality and privacy. Whoever, in pursuance any power conferred by the act who responsible to secure the electronic record such as book, register, document, data, information etc. and disclose any other form of electronic record without the consent of authorized person shall be punishable with imprisonment for a term which may extend up to two year or with fine which may extend up to one lakh rupees or with both.
Section 72 A. Punishment for disclosure of information in breach of lawful contract. Whoever as a intermediary or agent provide service under lawful contract, intentionally or knowingly disclose personal information about another person for wrongful gain or wrongful loss to another person, being liable to contravene contract shall be punishable with imprisonment for a term which may extend up to three years or fine which may extend up to five lakh rupees
Section 73. Whoever publishes a electronic signature certificate, or make it available to any other person knowingly that certified authority has not issue it or subscriber has not accept it or certificate has been revoked and suspended then the accused shall liable to pay penalty up to one lakh rupees and with imprisonment up to 2 years or with both
Section 74. Publication for Fraudulent. Whoever create or published or make available any (electronic or digital signature) certificate for fraudulent or unlawful purpose shall be punishable with imprisonment for a term which may extent up to two year or fine not exceeding up to one lakh or with both.
Section 75. The person belong any other nation than India can be convicted under the law if the crime involves computer network or computer system which locate in India.
Section 76. Confiscation, seize or take any computer, computer system, floppies, compact disk or any other accessories, thereto without the authorized person , given provision, rules, order, regulation in respect of any electronic device under the act and being contravened. Shall be liable to confiscation
Section 77. Compensation, penalty or confiscation not to interfere with other punishment. Whatever, penalty impose under this act shall not prevent award of compensation, penalty or punishment imposed under any other law.
Section 77A. Compounding of Offence. A competent court may compound offences except offence for which punishment has been provided for life or exceeding three years imprisonment or person commit same offence and liable for enhance punishment, offence committed against child below 18 year and a women.
Section 77 B. Offence with three year imprisonment to be bailable. Punishment with imprisonment with three year or above shall be cognizable and the punishment with three year imprisonment shall be bailable.
Section 78. Power of Investigate Offences, A police officer not below the rank of ‘Inspector’ shall investigate any offence comes under this Act.
CONCLUSION
As tech developing on regular basis, In this modern era people also in danger to suffer loss when it comes to cyber crime. The provision related cyber crime functions as provide safeguard from losses or injury which raise through digitalization or electronic commerce. The Eleventh chapter of the information technology act, 2000 deals with offence against cyber crime which also prescribed penalty and compensation described above in form of the article. Person can take legal action against cyber crime or said offences described under the law.
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