Presentation

on

Section 66A of IT Act

BY Anveshika

1

Contents:-

1.Information Technology Act 20002.Objective of IT Legislation in India3.Structure of IT Act4.Section 66 of IT act

i. Section 66A ii. Section 66Biii. Section 66Civ. Section 66Dv. Section 66Evi. Section 66F

5.Conclusion2

Information Technology Act 2000

The Information Technology Act 2000 has beensubstantially amended through the InformationTechnology Act 2008 which was passed by thetwo houses of the Indian Parliament on December23, and 24, 2008. It got the Presidential assent onFebruary 5, 2009 and came into force on October27, 2009. The amended Act has providedadditional focus on information security.

3

OBJECTIVES OF IT LEGISLATION IN INDIA

“to provide legal recognition for transactionscarried out by means of electronic datainterchange and other means of electroniccommunication, commonly referred to as"electronic commerce" .

4

STRUCTURE OF IT ACT

.Information technology Act 2000 consisted

of 94 sections segregated into 13 chapters.

.In the 2008 version of the Act, there are

124 sections and 14 chapters.

5

Section 66 of IT Act:-

“If any person, dishonestly, or fraudulently,does any act referred to in section 43, he shallbe punishable with imprisonment for a termwhich may extend to three years or with finewhich may extend to five lakh rupees or withboth.”

6

7

Related Case :-

.In this case the accused, N G Arun Kumar, the

techie from Bangalore gained unauthorized access to the JointAcademic Network (JANET) and deleted, added files and changedthe passwords to deny access to the authorized users.

.The CBI had registered a cyber crime case against

Kumar and carried out investigations on the basis of a complaint bythe Press Information Bureau, Chennai, which detected theunauthorised use of broadband Internet.

8

Cont :

.The complaint also stated that the subscribers had

incurred a loss of Rs 38,248 due to Kumar’s wrongful act.

Verdict:-The Additional Chief Metropolitan Magistrate, Egmore,

Chennai, sentenced the accused to undergo a rigorousimprisonment for one year with a fine of Rs 5,000 Section 66 ofIT Act.

9

Subsection of Section 66:-

Section 66A :–

“Punishment for sending offensive messages

through communication service.”

Punishment:-imprisonment for a term which may

extend to three years and with fine.

10

Related Case :-Fake profile of President posted by imposter

.On September 9, 2010, the imposter made a

fake profile in the name of the Hon’ble President Pratibha DeviPatil.

.A complaint was made from Additional

Controller, President Household, President Secretariat regardingthe fake profiles created on Facebook.

.The First Information Report Under Section

66A Information Technology Act, 2000 was registered based onthe said complaint at the police station, the elite wing of DelhiPolice which specializes in investigating economic crimesincluding cyber offences.

11

Section 66B:-

“Punishment for dishonestly receiving stolen computer

resource or communication device.”

Punishment:-imprisonment for a term which may extend

to three years or with fine which may extend to rupees one lakh orwith both.

12

Section 66C:-

“For identity theft i.e., fraudulently or dishonestly making

use of the electronic signature, password or any otherunique identification feature of any other person.”

Punishment:-imprisonment of either description for a term

which may extend to three years and shall also be liable to finewhich may extend to rupees one lakh.

13

Related Case:-

.The CEO of an identity theft protection company,

Lifelock, Todd Davis's social security number was exposed by MattLauer on NBC’s Today Show.

.Davis’ identity was used to obtain a $500 cash

advance loan.

14

Section 66D :-

“Punishment for cheating by personation by using

computer resource.”

Punishment:-with imprisonment of either description

for a term which may extend to three years and shall also be liableto fine which may extend to one lakh rupees.

15

Related Case:-. A complaint filed by the representative of a

Company, The company has a web-site in the name and and style`www.jaypolychem.com' but, another web site`www.jayplychem.org' was set up by the accused,SamdeepVarghese @ Sam, (who was dismissed from the company).

.The Company suffered losses of several crores of

Rupees from producers, suppliers and customers and were unableto do business.

16

Section 66E:-

“For violation of privacy i.e., intentionally or knowinglycapturing, publishing or transmitting the image of a privatearea of any person without his or her consent, violating theprivacy of that person,.”

Punishment:-imprisonment which may extend to three

years or with fine not exceeding two lakh rupees, or with both.

17

Related Case:-Jawaharlal Nehru University MMS scandal

.A pornographic MMS clip was apparently made

in the campus and transmitted outside the university.

. reports claimed that the two accused students

initially tried to extort money from the girl in the video but whenthey failed the culprits put the video out on mobile phones, on theinternet and even sold it as a CD .

18

Section 66F-

“For cyber terrorism i.e., intention to threaten the

unity, integrity, security or sovereignty of India or to striketerror in the people or any section of the people.”

Punishment:-imprisonment which may extend to

imprisonment for life.

19

Related case:-. The Mumbai police have registered a case of ‘cyber

terrorism’ here a threat email was sent to the BSE and NSE .

. an email challenging the security agencies to

prevent a terror attack was sent by one Shahab Md with an IDsh.itaiyeb125@yahoo.in to BSE’s administrative email IDcorp.relations@bseindia.com.

. The MRA Marg police have registered forgery for

purpose of cheating, criminal intimidation cases under the IPCand a cyber-terrorism case under the IT Act.

20

Conclusion:-

.Section 66A of the Information Technology

Act, “does not silence anyone”.

. You can always exercise your right to speak,

your freedom of speech and expression without offending people

ANY QUERIES…..

21

22