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Group 1
INFORMATION ANDTECHNOLOGY ACT, 2000
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Overview1. IT Influence & Uses in Modern Era2. NASSCOM
3. IT Act 2000
4. Key Term Definitions
5. Amendments in the IT Act, 2008
6. E-Commerce, E-Governance, Cybercrime
7. Impact of IT Act
8. Comparative Analyses9. Debate
10. Case Studies
11. Suggestions and Recommendations
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ITInfluence & Uses in Modern Era
What exactly is information technology?
IT has played an important role in transmitting the
required information at a very high speed.
The Home PC revolution and advent of internet
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Areas PreIT period Post ITperiodData Transmission Data is transmitted physically. Data is transferred
electronically.Paper work Huge Amount of paperwork. Reduction in paperwork.Time taken Lot of time was consumed for
getting the work done.Time consumed is almost very
less.Physical Labor There was a lot of involvement of
physical labor.There is a considerable
reduction in physical labor.Connectivity People were not able to connect
with the people at other end of the
world.
People are able to connect with
others even at the other end of
the world.Sharing of
InformationIt was not easy to share
information with people who were
at far off places.
It is very easy to share
information with people who are
at far off places.
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Widespread Uses of Internet
Purchase of book through amazon.com
Trading shares online through Sharekhan
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NASSCOM
Aims and Objectives
1. Partner with Government of India and StateGovernments in formulating IT policies and legislation.Partner with global stakeholders for promoting theindustry in global markets.
2. Strive for a thought leadership position and deliver
world-class research and strategic inputs for theindustry and its stakeholders.
3. Encourage members to uphold world class qualitystandards.
4. Strive to uphold Intellectual Property Rights of itsmembers.
5. Strengthen the brand equity of India as a premierglobal sourcing destination.
6. Expand the quantity and quality of the talent pool in
India.
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NASSCOMs Role in Indian IT Sector
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NASSCOM proposes new Identification
Method
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Information Technology Act, 2000 Structure of the Act
Main Chapters
CHAPTER I : PRELIMINARY
CHAPTER III : ELECTRONIC GOVERNANCE
CHAPTER VI : REGULATIONS OF CERTIFYINGAUTHORITIES
CHAPTER VII : DIGITAL SIGNATURE CERTIFICATES
CHAPTER VIII : DUTIES OF SUBSCRIBERS
CHAPTER IX : PENALTIES AND ADJUCATION
CHAPTER X : THE CYBER REGULATIONS APPELLATETRIBUNAL
CHAPTER XI : OFFENCES
CHAPTER XII : PROVISIONS FOR NETWORK SERVICEPROVIDERS
CHAPTER XIII : MISCELLANEOUS
Amendment Schedules
AMMENDMENT OF THE IPC 1860 AMMENDMENTS TO THE INDIAN EVIDENCE ACT 1872
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Objectives of the Act
1. To facilitate and give legal sanctions to electronicfund transfers between banks and financialinstitutions.
2. Electronic signature which requires authentication ofany information or matter which requires any
authentication under any law must be given legalrecognition.3. Facilitating electronic data storage4. Electronic document filings by Government
Departments must be facilitated
5. To give legal recognition for keeping books ofaccount by bankers in electronic forms.
6. It aims to provide a legal framework so that the legalsanctity is accorded to all electronic records andother activities carried out by electronic means.First case to be prosecuted under IT Act
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Key Terms under the IT Act, 2000
1. Computer
2. Network
3. Computer System4. Asymmetric Crypto System
5. Cyber Security
6. Electronic Signature
7. Intermediary
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Key Areas of IT Act, 2000
The highlights of Information Technology Act,2000 are:-
1. Legal recognition of electronic signatures andelectronic documents.
2. Various types of cybercrimes defined and justicedispensation systems for cybercrimes.
3. Empowerment of Police Officers and other
Officers to investigate any public place andarrest without warrant.
4. Amendments in Indian Penal Code, IndianEvidence Act, Banker's Books Evidence Act and
Reserve Bank of India Act.
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Amendments to IT Act, 2008
1. Liability of body corporate towards SensitivePersonal Data
2. Introduction of virus, manipulating accounts,denial of services etc made punishable
3. Phishing and Spam
4. Stolen Computer resource or communication
device5. Misuse of Electronic signature
6. Cheating
7. Cyber terrorism
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E-Commerce
Universal Internet access
E-Commerce in India in2000
Rs. 1,200 Crore E-Commerce in India in
2010
Rs. 31,598 Crore
Source: Ministry of Communication and IT
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Cyber Crime
Cybercrime can be categorized in two ways:
1. Crimes with computer as a target
2. Crimes utilizing computer as a weapon
The subject of Cyber Crime may be broadlyclassified under the following three groups
1. Offences against individuals2. Offences against organizations
3. Offences against society at large
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Major Provisions and Penalties under IT
Act, 2000
Sec 43: Damage to Computer Systems etc Compensation of Rupees One CroreSec 66: Hacking (With intent or knowledge) Fine of two Lakh Rupees, and Imprisonment for 3
yearsSec 68: Publication of Obscene material in e-
formFine of 1 lakh Rupees, and imprisonment of 5
years, and double conviction of second offenceSec 70: Attempting or Securing access to
computerImprisonment upto 10 years
Sec 72: For Breaking Confidentiality of the
information of computerFine upto 1 lakh, and imprisonment upto 2 years
Sec 73: Publishing false electronic signature,
false in certain particularsFine of 1 lakh, or imprisonment of 2 years or both
Sec 74: Publication of electronic signature
for fraudulent purposeImprisonment for the term of 2 years and fine for 1
lakh Rupees
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Visible Impact of IT Act
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Cyber Crimes Statistics in India
1. Cyber Crimes (IT Act + IPC Sections) increasedby 22.7% in 2007 as compared to 2006 (from453 in 2006 to 556 in 2007)
2. Cyber Forgery 64.0% (217 out of total 339) andCyber Fraud 21.5% (73 out of 339) were themain cases under IPC category for CyberCrimes.
3. 63.05% of the offenders under IT Act were inthe age group 18-30 years (97 out of 154) and55.2% of the offenders under IPC Sectionswere in the age group 30-45
years (237 out of 429).
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IT in Banking Sector
1. Increased operational efficiency, profitability &
productivity2. Superior customer service
3. Multi-channel, real-time transaction processing
4. Efficient NPA(Non-Performing Asset) and riskmanagement
5. Minimal transaction costs
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Comparative Analysis: India & Singapore
INDIA SINGAPOREInformation Technology Act, 2000Rules for Information Technology Act,
2000
Computer Misuse Act, 1998Defamation Act, 1957 (Amended in
1985)Electronic Transaction Act, 1998Information Communications
development Authority of Singapore
Act, 1999
Spam Control Act, 2007
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Statistical Comparison
Singapore India
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Top 3 computer crimes in both countries,
2008
COUNTRY 1ST CRIMECATEGORY
2nd CRIME
CATEGORY3RD CRIME CATEGORY
INDIA Phishing(Fraud) Virus/Malicious
Code(Hacking)
Website Compromise &
Malware
Propagation(Hacking)SINGAPORE Hacking Fraud Intellectual Property Theft
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Case Studies
1. UTI Bank Hooked Up In A Phishing Attack:January 15th 2007
2. Avnish Bajaj vs. State (N.C.T.) of Delhi, 2005
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DEBATE
Suggestions and Recommendations
1. Maintaining Government documents inElectronic form
2. Stricter Anti-Spam Law3. Regulatory control against Cyber Terrorism
4. Greater role of RBI
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Bibliography
1. Law of Cyber Crimes and Information TechnologyAct S V Joga Rao
2. Business Law for Management K R Bulchandani
3. Anamika Saxena (LLM) for primary data
4. http://www.ibef.org/industry/informationtechnology.aspx
5. http://indiafacts.in/statistics/cyber-crimes-statistics-in-india/
6. http://www.kpmg.com.sg/publications/forensics_FraudSurvey2008.pdf
7. http://www.cyberlawconsulting.com/cyber-cases.html
8. http://online.wsj.com/article/SB10001424052748704
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THANK YOUGroup Members:
ANANTH H. IYERALMALIK RAJPARI
AMRISH DOLAS
ABHYUDAI YADAV
BENCY FERNANDES
DHARMENDRA SIPANI
KAUSTUBH LELE
NITIN UPADHYAY