LAW RELATING TO CYBER CRIME AND ITS COVERAGE
UNDER THE INFORMATION TECHNOLOGY ACT
by
The Information Technology Act was enacted in the year 2000 being Act 21 of 2000 where the electronic devices have been defined in the name of ‘Computer net work’, ‘Computer resources’, ‘Computer system’, ‘digital signatures’ and ‘the information’. The word ‘Cyber’ although has not been defined in the Information Technology Act which is being borrowed from Advanced Law Lexicon which reads as under:-
"Cyber Implies computerized processes and used in conjunction with other words as a suffix"
The words ‘Electronics’ and ‘Computer’, therefore, are the result of computerized processes as used aforesaid. In the background of the aforesaid definition the Cyber law has been defined in the Advanced Law Lexicon as under:-
"Cyber law. The field of law dealing with computers and the Internet, including such issues as intellectual property rights, freedom of expression, and free access to information."
The Crime Branch, therefore, is vigilant with regard to the Cyber crimes.
Simultaneously Section 46 defines the powers of Adjudicating Officers. It reads as under:-
46. Power to adjudicate-(1) For the purpose of adjudging under this Chapter whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, direction or order made thereunder the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to be an adjudicating officer or holding an inquiry in the manner prescribed by the Central Government.
(2) The adjudicating officer shall, after giving the person referred to in Sub-Section (1) a reasonable opportunity for making representation in the matter and if, on such inquiry, he is satisfied that the person that the person has committed the contravention, he may impose such penalty or award such compensation as he thinks fit in accordance with the provisions of that section.
During the meeting with Sh. Rajiv Mathur, Director, Sh. N. Sushil Kannan, Joint Asst. Director (Training) and Sh. Alok Kumar Verma, Chief Statistical Officer, National Crime Records Bureau, Minister of Home Affairs, Govt. of India, they have submitted a list of cases which are pending under the IT Act are to the following extent:-
| SI. No. | State/ UT | IT ACT |
| | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 |
| 1. | ANDHRA PRADESH | 8 | 3 | 8 | 14 | 14 | 16 |
| 2. | ARUNACHAL PRADESH | 0 | 0 | 0 | 0 | 0 | 0 |
| 3. | ASSAM | 2 | 0 | 0 | 1 | 1 | 0 |
| 4. | BIHAR | 0 | 0 | 0 | 0 | 0 | 0 |
| 5. | CHHATISGARH | 0 | 0 | 0 | 18 | 0 | 5 |
| 6. | GOA | 4 | 2 | 0 | 0 | 0 | 3 |
| 7. | GUJARAT | 1 | 14 | 2 | 2 | 5 | 1 |
| 8. | HARYANA | 2 | 0 | 0 | 8 | 1 | 0 |
| 9. | HIMACHAL PRADESH | 0 | 0 | 0 | 0 | 0 | 0 |
| 10. | JAMMU & KASHMIR | 1 | 0 | 1 | 0 | 0 | 0 |
| 11. | JHARKHAND | 0 | 0 | 0 | 0 | 0 | 0 |
| 12. | KARNATAKA | 15 | 7 | 14 | 28 | 27 | 40 |
| 13. | KERALA | 3 | 1 | 2 | 3 | 12 | 38 |
| 14. | MADHYA PRADESH | 0 | 0 | 0 | 0 | 5 | 6 |
| 15. | MAHARASHTRA | 12 | 12 | 17 | 26 | 35 | 49 |
| 16. | MANIPUR | 0 | 0 | 0 | 0 | 0 | 0 |
| 17. | MEGHALAYA | 0 | 0 | 0 | 0 | 2 | 0 |
| 18. | MIZORAM | 0 | 0 | 0 | 0 | 0 | 0 |
| 19. | NAGALAND | 0 | 0 | 0 | 0 | 0 | 0 |
| 20. | ORISSA | 4 | 1 | 1 | 6 | 0 | 0 |
| 21. | PUNJAB | 3 | 2 | 2 | 7 | 12 | 14 |
| 22. | RAJASTHAN | 0 | 0 | 0 | 18 | 4 | 16 |
| 23. | SIKKIM |
0 |
0 |
0 |
0 |
0 |
0 |
| 24. | TAMILNADU | 3 |
10 |
14 |
22 |
8 |
10 |
| 25. | TRIPURA |
0 |
0 |
0 |
0 |
0 |
0 |
| 26. | UTTAR PRADESH |
5 |
2 | 2 |
4 |
0 |
5 |
| 27. | UTTRANCHAL |
0 |
1 |
0 |
0 |
3 |
1 |
| 28. | WEST BENGAL |
0 |
0 |
0 |
0 |
6 |
2 |
| | | | | | | |
| TOTAL STATES |
63 |
55 |
63 |
167 |
135 |
206 |
| |
|
|
|
|
|
|
|
| 29. | A & N ISLANDS |
0 |
0 |
0 |
0 |
0 |
0 |
| 30. | CHANDIGARH |
2 |
1 |
1 |
2 |
2 |
1 |
| 31. | D & N HAVELI |
0 |
0 |
0 |
0 |
0 |
0 |
| 32. | DAMAN & DIU |
0 |
NA |
0 |
0 |
0 |
0 |
| 33. | DELHI |
5 |
4 |
4 |
10 |
5 |
10 |
| 34. | LAKSHDWEEP |
0 |
0 |
0 |
0 |
0 |
0 |
| 35. | PONDICHERRY |
0 |
0 |
0 |
0 |
0 |
0 |
| | | | | | | |
|
TOTAL (UTS) |
7 |
5 |
5 |
12 |
7 |
11 |
|
TOTAL (ALL INDIA) |
70 |
60 |
68 |
179 |
142 |
217 |
In nut shall the Offences under the IT Act are as under:
-
Tampering computer source documents.
- Hacking with Computer system
- Loss/damage to computer resource/utility
- Hacking
-
Obscene publication/transmission in electronic form.
- Failure
- Of compliance/orders of Certifying Authority.
- To assist in decrypting the information intercepted by Govt. Agency.
- Un-authorised access/attempt to access to protected computer system.
- Obtaining license or Digital Signature Certificate by misrepresentation/suppression of fact.
- Publishing false Digital Signature Certificate.
- Fraud Digital Signature Certificate.
- Breach of confidentiality/privacy.
Taking into consideration the aforesaid, the Intellectuals, the public at large and the media to educate the masses to be vigilant with their rights in the proper forum either under the Indian Penal Code or under the Information Technology Act.
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