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Abhineet Pratap Singh Mar 19,2021 0

Technology sector

Technology is the ever evolving precinct today and everyone has to adapt to this changing technology if they yearn to stay at the helm of updates and innovations. The periodic rate of technological advancements is accelerating exponentially. People are coming up with newer technologies and methods to use them for their own benefits and to make everyone’s life easier. And a lot more has also progressed during the outbreak of pandemic due to COVID-19. Over recent years, technology has also impacted the economy of India with a considerable amount of investments towards its growth. 

 

Technology has led to the rise of its various by-products like e-shopping, corresponding e-payments, e-offices, e-classrooms, virtual offices,  cloud computing etc.

 

Technology has affected the entire humankind, society and businesses too. The modern day humans have become more inclined towards the internet and social media. The advancements and developments in technology has also given rise to the volume of crimes being committed using this advanced technology. Such crimes require legal registration, offences require to be penalized and the offender to be punished.  

 

Crimes committed using the technology are considered as cyber crimes and laws employed to govern these crimes are called Cyber Laws. Technology Laws of India Decrypted is a comprehensive study upon the Cyber Laws. 

Information Technology Sector In India

The IT sector, borne much after the Indian Independence has made up the leeway to be one of the essential pillars of the Indian Economy. The Indian Information Technology sector is the only sector that has witnessed the double digit growth. This shows that it is one of the fastest growing industries in India.  

 

Technology has redefined the meaning of being social. The internet and the new technology has impacted modern day humans and also bent towards extensive criminal activities. Mere introduction of certain laws is not enough to counter such objectionable activities, changes in the pre-existing laws are also required to be altered and increased effectiveness.  

 

The only Act which has deals under the Information Technology sector is The Information Technology Act, 2000 along with several amendments in the pre-existing legislations.

  1. The Information Technology Act, 2000

The Information Technology Act of 2002 is an act which provides the legal acknowledgement to the online transactions which is an alternative to the paper based transactions. This is the principal law which deals with cyber crimes and electronic commerce. 

 

This bill was negotiated by the then Minister Of Information Technology, Pramod Mahajan and signed by the then President K.R. Narayanan. 

 

The original Act of 2000 marked the regulations regarding the electronic documents, electronic records and signatures and the audit, authentication and legal recognition of those records. The IT Act,2000 underwent changes in 2008 with the growth in the information technology zone. Some of the offences which were added in the new regulation of 2008 were: offensive messages made illegal, pornography banned, etc.

  1. Indian Penal Code, 1860

The IT Act, 2008 amended certain sections of the Indian Penal Code,1860. The scope of the documents involved in the physical payment transactions which were paper-based was increased to the electronic records and documents.  

  1. Indian Evidence Act, 1872

The other legislation which was amended by the IT Act of 2008 is The Indian Evidence Act, 1872. This amendment involves the procurement of the evidence of the electronic records and documents and its proper legal recognition. Electronic record, digital payments and secure electronic records are some of the keywords which are added by the stated amendment.

  1. Bankers’ Books Evidence (BBE) Act, 1981

This legislation was also amended by the IT Act,2008. This made the electronic copies of the bank statements as evidence which are taken from any electronic device permissible in the courts. The printouts along with a certificate are required for the data integrity assurance.

  1. Reserve Bank Of India Act, 1934

This Act was amended by the IT Act,2008 as well. This involved the inclusion of the electronic transactions between a particular person and the bank like Real Time Gross Settlement (RTGS), National Electronic Funds Transfer (NEFT).

  1. Prevention Of Money Laundering Act (PMLA), 2002

This Act was introduced after the IT Act,2000. This Act empowered the authorized authorities to use the technology and online data sharing to monitor the transactions which are more than 10 lakhs in a single month which are done in multiple layerings to hide the real source of money.  

  1. E-records Maintenance Policy Of Banks

This Act empowered the banks to maintain the online records, registers and the documents of the transactions and their policies rather than using the conventional of maintaining the records physically.

Crimes In Information Technology Sector

Technology is expanding at an exponential rate every day and so the crimes concerning those. Some of those crimes are data theft, credit card related frauds, identity theft etc. Most of these crimes are based on the social engineering concepts and the fraudulent platforms which are pretended to be genuine but have malicious intent. 

 

List of the crimes is as follows:

  1. Child Pornography

  2. Intellectual Property Crimes  

  3. Forgery 

  4. Email Spoofing

  5. Unauthorized Access To Computer Systems

  6. Cyber Defamation 

  7. Cyber Stalking

  8. Virus and Worm Attacks

  9. Denial of Service (DOS) Attacks

  10. Sale Of Illegal Articles

  11. Trojan Attacks

  12. Logic Bombs

  13. Internet Time Theft

Offences And Penalties Under The IT Act, 2000

 

Sections Under 

IT Act, 2000 

Offences 

Penalties

Sec 43

Damage to computer systems

Compensation upto INR 1 crore to the affected person

Sec 43A

Corporate organization failure to protect it’s client’s data 

Compensation upto INR 5 crore to the affected person

Sec 44(a)

Failure to confer documents, return and report to the Controller or the Certifying Authority

Penalty upto 1 lakh and 50,000rupees for each such failure

Sec 44(b)

Failure to file any return and furnish any information or document within the specified time 

Penalty upto 5000 rupees for every day during such failure 

Sec 44(c)

Failure to maintain books of accounts or records

Penalty upto 10,000 rupees for every day during such failure 

Sec 65

Tampering with computer source documents

Imprisonment upto 3 yrs Or fine extending upto 2 lakh rupees Or both



Sec 66

Hacking with Computer Systems, Data Alteration etc.

Imprisonment upto 3 yrs Or fine extending upto 5 lakh rupees Or both

Sec 66A 

Sending offensive messages through communication service

Imprisonment upto 3 yrs Or fine 

Sec 66B

Retains any stolen computer resource or communication device 

Imprisonment upto 3 yrs Or fine extending upto 1 lakh rupees Or both

Sec 66C

Fraudulent use of electronic signature 

Imprisonment upto 3 yrs Or fine upto 1 lakh rupees 

Sec 66E

Publishing obscene images 

Imprisonment upto 3 yrs Or fine extending upto 2 lakh rupees Or both

Sec 66F

Cyber Terrorism 

Imprisonment which may extend to imprisonment for life

Sec 67A

Publishes or transmit sexually explicit material 

Imprisonment upto 5 yrs and fine upto 10 lakh rupees; in case of second conviction imprisonment of 7 yrs and fine upto 10 lakh rupees

Sec 67B

Abusing children online

Imprisonment upto 5 yrs and fine upto 10 lakh rupees; in case of second conviction imprisonment of 7 yrs and fine upto 10 lakh rupees

Sec 70

Unauthorized access to a protected system

Imprisonment upto 10 yrs and also liable to fine

Sec 71

Misinterpretation to the controller or the Certifying Authority for obtaining license or Electronic Signature Certificate

Imprisonment upto 2 yrs Or fine extending upto 1 lakh rupees Or both

Sec 72

Breach of Confidentiality and Privacy

Imprisonment upto 2 yrs Or fine extending upto 1 lakh rupees Or both

Sec 72A

Disclosure of information in the breach of contract 

Imprisonment upto 3 yrs Or fine extending upto 5 lakh rupees Or both

Sec 73 and Sec 74

Publishing false digital signature certificates 

Imprisonment upto 2 yrs Or fine extending upto 1 lakh rupees Or both

 

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