1. 3/12/2015 n e e r a j a a r o r a 1

4. Jennifer
Lawrence

6.  Phishing mails on behalf of Income Tax, RBI, Banks.
 Phishing mails on behalf of Social Networking sites.
 Theft of Data, Personal Sensitive Information
 Misappropriation of funds from bank account.
Cyber criminals imitate FIFA website for phishing

7.  Creating fake account for defamation
 Morphing/Nude Profiling
 Sharing, Stolen personal sensitive information
 Cyber stalking

8.  9,174 Indian websites hacked till May
 Online job rackets
 Online credit card fraud
 Nigerian Scam
 Obscenity/Child Pornography

9.  Controller of Certifying Authorities
 Adjudicating Officer
 Cyber Appellate Tribunal
 Criminal Court
 High Court & Supreme Court

10.  Cyber Contravention – Sec. 43
 Unauthorized access –
o If any person without permission of the owner or any
other person who is the in charge of a computer, computer
systems or computer network.
 Penalty and compensation –
o Liable to pay damages by way of compensation to the tune
of Rs. 5 Crores.

11. a. Unauthorized Access
b. Copying information
c. Computer viruses
d. Damaging Computer
e. Disrupting Computer Network
f. Denial of Access
g. Facilitating Access
h. Computer Fraud
i. Hacking
j. Computer Source code Theft

12. Section66- Contravention in Section43 with dishonest /
fraudulent intention
Section65- Tampering with Source Code
Section66A– Offensive Messages
Section66B– Punishment for Dishonestly Receiving Stolen
Computer Resource or Communication Device
Section66C– Punishment for Identity Theft
Section66D– Punishment for Cheating by Personation by
Using Computer Resource
Section66E– Punishment for “Video Voyeurism”
Section66F– Cyber Terrorism

13.  Section67 – Transmission of Obscenity in Electronic Form
 Section67A–Transmission of Material Containing Sexually
Explicit Act in Electronic Form
 Section67B–Child Pornography
 Section72 - Penalty for Breach of Confidentiality & Privacy
 Section 72A
 This Section deals with Data base security & privacy.

14.  Cyber Squatting
 Digital Copyright Issues
 Encryption
 Spamming
 Transnational Nature of Cyber Crime
 Lack of Deterrent Punishment
 Cloud Computing

15.  The explanation to Section 79 provides
that, "Electronic Form Evidence"
means any information of probative
value that is either stored or transmitted in Electronic Form
and includes Computer Evidence, Digital Audio, Digital
Video, Cell Phones, Digital Fax Machines".

16.  Dharambir Vs. CBI [148(2008)DLT289]
 8.11 (e) Given the wide definition of the words 'document' and
'evidence' in the amended Section 3 the EA, read with Sections
2(o) and (t) IT Act, there can be no doubt that an electronic
record is a document.
 Hard Disk, Computer Printouts, Data in the CD, Optical and
Magnetic Media are thus documents.

17.  Anvar P.V. Vs. P.K. Basheer and Others
The Supreme Court held:-
 Electronic Record can be produced in terms of Section 65B
Evidence Act which has overriding effect.
 If no certificate under Section 65B, no oral evidence or expert
opinion to prove the electronic record.
 Section 65B would prevail over Section 63/Section 65 of
Evidence Act.
 Overrule Navjot Sandhu Case to the extent of admissibility of
electronic records.

18.  Admissible as per Sec 65B EA
 Banker Books :- Require three certificate as per Sec 2A of
Banker Books Of Evidence Act (BBEA)
 A certificate to the effect that it is a printout of such entry or
 Authenticity certificate regarding:
o Details of Computer System
o Process of Data Storage
o Safeguard to protect Computer System and Data
 such computer system operated properly at the material time.
 The BBE Act prevails over Evidence Act.

19.  The Hon’ble Judge of Delhi High Court in the matter
of Dharmabir Khattar Vs. CBI has held that :-
 A new Hard Disk is a storage device.
 Once a blank hard disk is written it becomes a electronic
record.
 Even if the Hard Disk is formatted or wiped, it would contain
Meta Data and as such it is a electronic record.
 Through Forensic Software, it is possible to extract Meta Data
and deleted data.
 Section 65B Evidence Act would include:-
o Active accessible information – allocated data;
o Data in subcutaneous memory – unallocated and unpartioned
space.

20.  Require a Certificate U/s 65B of EA
 Server owned by the company
 Data in e-mail clients
 E-mail on Intermediary Server
 Section 88A-Presumption as to Electronic Messages
 An electronic messages sent by the email
 Message sent by the originator through email server is the
same as received by the addressee.
 ARK Shipping Co. Ltd. Vs. GRT Ship Management
Pvt. Ltd. 2008(1)ARBLR317 (Bom)