Information Technology Act, 2000
The Information Technology Act, 2000 is a legislation passed by the Government of India to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies. The Act provides for the legal recognition of electronic records, digital signatures, and certification authorities. Additionally, the Act also provides for the establishment of a cyber appellate tribunal to hear disputes arising from the use of electronic means of communication. The Act is considered to be a significant step forward in the development of e-commerce in India and in promoting the use of electronic means of communication in business and other transactions.
2. Information
Technology Act, 2000
Section 67, IT
Act, 2000
01
Section 67B,
IT Act, 2000
03
Section 71 in
The
Information
Technology
Act, 2000
04
Section 67A,
Information
Technology
Amendment
Act (ITAA),
2008
02 05
latest trends of
cyber crimes
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Section 67, IT Act, 2000 (Publishing or
transmitting obscene material in electronic form)
Whoever,
• publishes or transmits or causes to be published in the
electronic form,
• any material which is lascivious or appeals to the
prurient interest or
• if its effect is such as to tend to deprave and corrupt
persons who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained
or embodied in it,
Punishment:
First conviction: imprisonment of 3 years and fine of ₹5 lakhs
Second conviction: imprisonment of 5 years and fine of ₹10
lakhs
4. Section 67A, Information Technology
Amendment Act (ITAA), 2008 (Punishment
for publishing or transmitting of material
containing sexually explicit acts):
Whoever,
• publishes or transmits or causes to be published or
transmitted in the electronic form
• any material which contains sexually explicit act or
conduct
Punishment: Punishment:
First conviction:
imprisonment of 5years
and fine of ₹10 lakhs
Second conviction:
imprisonment of 7 years
and fine of ₹10 lakhs
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5. Section 67B, IT Act, 2000 (Transmitting
material depicting children, including
nude or sexually explicit pictures of self, if
a child):
-Whoever-
(a) publishes or transmits or causes to be published or transmitted
material in any electronic form which depicts children engaged in
sexually explicit act or conduct; or
(b) creates text or digital images, collects, seeks, browses, downloads,
advertises, promotes, exchanges or distributes material in any electronic
form depicting children in obscene or indecent or sexually explicit
manner; or
(c) cultivates, entices or induces children to online relationship with one
or more children for and on sexually explicit act or in a manner that
may offend a reasonable adult on the computer resource; or
(d) facilitates abusing children online, or
(e) records in any electronic form own abuse or that of others pertaining
to sexually explicit act with children, shall be punished on first
conviction with imprisonment of either description for a term which
may extend to five years and with fine which may extend to ten lakh
rupees and in the event of second or subsequent conviction with
imprisonment of either discription for a term which may extend to
seven years and also with fine which may extend to ten lakh rupees: Next Page
6. Provided that provisions of section 67, section 67A and this section does not extend to any book,
pamphlet, paper, writing, drawing, painting representation or figure in electronic form-
(i) the publication of which is proved to be justified as being for the public good on the ground
that such book, pamphlet, paper, writing drawing, painting representation or figure is in the
interest of science, literature, art or learning or other objects of general concern; or
(ii) which is kept or used for bona fide heritage or religious purposes.
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7. Section 68 - Failure/refusal to comply with orders
Any person who fails to comply with any s activities as specified in
the order if those are necessary to ensure compliance with the
provisions of this Act, rules or any regulations made there
underorder shall be guilty of an offence
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Section 69 - Failure/refusal to decrypt data
The subscriber or any person who fails to assist the agency
referred is deemed to have committed a crime.
Section 70 - Securing access to a protected system
If a person who secures access or attempts to secure access to
a protected system, then he is committing an offence.
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Section 71 in The Information Technology Act,
2000
Whoever ,
makes any misrepresentation, to, or suppresses any material
fact from, the Controller or the Certifying Authority for
obtaining any license or Digital Signature Certificate, as the
case may be, shall be punished with imprisonment for a
terms which may extend to two years, or with fine which
may extend to one lakh rupees, or with both.
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case study
Boi's locker room
judgement-Released on anticipatory bail
latest update: A girl created fake profile on snapchat and talked with his friend .
judgement: All past records of juvenile children must be erased.
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case study
First Conviction Case under Sec 67 of the IT
ACT, 2000
Accused started making obscene and defamatory
messages about the victim as if she is soliciting sex work
and gave her office phone numbers and residence phone
number and her email ID
Facts
victim filed a complaint against the accused. The police
traced the accused that was the victim’s friend to Mumbai
and was interested in marrying her.
Suhas Katti v. Tamil Nadu
Judgement:
For offence u/s 67 of IT Act to undergo rigorous
imprisonment for two years and pay fine of Rs-4000/-.