Cyber Laws

Jayanthi Reddy

Information Technology Act, 2000

The IT Act was enacted based on the UNCITRAL
(United Nations Commission On International Trade
Law Model Law).
With the Model Law it has also considered the
Committee recommendations on the Electronic
Funds Transfer Schemes.
The IT Act is made applicable to the whole of India
including the State of Jammu and Kashmir and it is
made applicable to the cyber crimes committed in
and outside India.

Objects of the IT Act

Legal recognition to transactions carried out by
means of electronic data interchange.
Promote electronic commerce (e-commerce), which is
an alternative to the paper based method of
communication and storage of information.
To facilitate e-filing of documents with the government
departments and agencies.
To bring suitable amendments to the existing laws in
pursuit of the objectives of the IT Act

Exclusions of Certain
Transactions
The IT Act shall
Not be applicable to the Negotiable Instruments
except for the Cheques.
Not be applicable to the Power of Attorney.
Not be applicable to Trusts.
Not be applicable to a Will.
Not be applicable to the transfer of immovable
property or any interest in such property.

Online Contracts
To be determined by the traditional laws like Indian
Contract Act, 1872.
The rules relating to offer and acceptance similar to that
of the IC Act. ( Based on the decision of Bhawandas vs.
Girdharilal) included the e-mail contracts
Determination of the liability of the parties is also similar to
that of Indian Contract Act.
Time and place of contract is also determined by the
(Section 4 of the IC Act and Section 13 of the IT Act
together deals with the formation of the e-contracts)

Kinds of Online Contracts

Click Wrap or Web Wrap Contracts is commonly
used for the e-commerce transactions.
The transaction takes place when the party agrees to
buy the product or service by clicking the I agree or
I Accept button on the virtual key board.
The party has the opportunity to review the terms
and conditions before accepting the offer.
It is affirmatively assenting and the contract is
enforceable in the court of law.

Shrink Wrap Contracts

Usually used for the purpose of business transactions,
that are based on the licensee user products e.g..
Software Products.
The product has to be returned within 7 to 30 days of
buying ( Cooling off).
The contracts entered into by e-mails are also valid
contracts, enforceable in the court of law, if the it is
satisfactorily proved, as per the rules in the Indian
Evidence Act.
For all the various kinds of the online contracts, the
consumer laws are applicable.

Authentication and
Acceptance of Electronic Records
It is a record which is communicated and
maintained by means of electronic equipment.
The purpose of such records is to keep the
evidence in the business activity.
Electronic records are recognized as equivalent
to a written document.
Even e evidence is accepted as valid evidence.
The Indian Courts have moved ahead by
collecting evidence through video conferencing.

Digital Signature
It is given a legal recognition to facilitate the growth of
e-commerce.
It is created with the help of the science of
cryptography and with hash Function (Encryption and
decryption)
The digital signatures will have Private Key and a
Public Key for the purpose of authentication.
The authentication of the digital signature is by
asymmetric crypto system.
The digital signatures are equal to affixing a signature
and accepted in the court.

The Acts Amended for the purpose

of facilitating the IT Act, 2000
The Indian Penal Code, 1860.
(Definition of Document and related sections)
The Indian Evidence Act, 1972.
(E-records to be admissible as Evidence)
The Reserve bank of India Act, 1934.
(Electronic Fund Transfers)
The Negotiable Instruments Act, 1881.
(Electronic, truncation and clearance of cheques)
The Bankers Book Evidence Act, 1891.
(Ledgers books, day books, cash books account books
etc acceptable if preserved in the electro magnetic
storage devices. It needs certification)

Cyber Offences

Cyber
Crimes

Against
the
Individual

Against the
Individuals
Property

Against
the
Organization

Against
the
Society

Against the Individual

Harassment via e-mails
Cyber stalking
Obscene material
Defamation
Unauthorized access of the computer
Email spoofing
Cheating and Fraud

Against Individual Property

Transmitting Virus
Net Trespass
Unauthorized Control
Intellectual property Crimes
Time Thefts
Data
Privacy of employees and customers

Against Organization
Unauthorized Access and Control
Possession of the unauthorized information
Cyber Terrorism
Distribution of pirated software.
Data Theft

Against Society at large

Pornography
Trafficking
Financial Crimes ( Internet Frauds)
Sale of illegal articles
Online gambling
Forgery etc

Offences Specified
under the IT Act, 2000

Damaging computers/ Data and networking

Non- Compliance with the reporting system
Unauthorized access
Tampering
Hacking
Transmission of obscene material
Misrepresentation
False information in the Digital Signature
Breach of Confidentiality
Misuse of Digital Signature.

Recently IT Amendment Act 2008 has been

passed, making cyberspace to be
more secure.