Purpose of introduction information technology act, 2000 was enacted on. Analysis of section 66 a of the information technology act. The information technology act, 2000 indian kanoon. It is the primary law in india dealing with cybercrime and electronic commerce. In this article, we will look at the objectives and features of the information technology act, 2000. Grant recognition to maintenance of books of accounts in electronic form.
The information technology act, 2008 ministry of law, justice and company affairs legislative department new delhi, the 9th june 2000jyaistha 19, 1922 saka the following act of parliament received the assent of the president on the 9th june 2000 and is hereby published for general information. Indian evidence act, 1872, the bankers books evidence act, 1891 and the reserve bank of india act, 1934 and for matters connected therewith or incidental thereto. The word hacking used in section 66 of earlier act has been. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. An analytical study on offences under it act with special reference. Section 66 acts of hacking leading to wrongful loss or damage. The information technology amendment act, 2008 is a substantial addition to. Do not send offensive messages part of the information technology amendment act, 2008 summary. Section 66a which punishes persons for sending offensive messages is overly. The official information act 2008 is a cook islands law passed to make official information more freely available, and to establish procedures for the achievement of those purposes. Decoding section 66e how to handle your violation of privacy. In a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information technology act, 2000 it act. Mar 23, 2015 all you need to know about section 66a of the it act. The types of information this covers are offensive messages of a.
Offences and penalties under the information technology amendment act, 2008 it act. Section 69 of the information technology amendment act 2008, passed by parliament on december 23, 2008, is far more intrusive than the indian telegraph act of 1885, which was drafted to protect the interests of the british raj. Section 79 of the information technology amendment act, 2008 regulates the liability of a wide range of intermediaries in india. What does the information technology act, 2000 provide for. The act also repealed the official secrets act 1951, which the cook islands had inherited from new zealand. Section 66a of the information technology act the centre.
Offences and penalties under the information technology. The information technology amendment act 2008 have introduced a host of offencies and prescribed penalties for these offences. The information technology it act, 2000 provides for legal recognition for transactions through electronic communication, also known as ecommerce. It discusses the section 66 of information technology act, 2000 along with the sweeping changes brought in by the amendment act of 2008 and the cases laws relating to the section 66a 66f. Secondary sources include books, articles and web sources. The information technology amendment act, 2008 10 of 2009 5th february, 2009 the information technology amendment act, 2008 appendix ii an act further to amend the information technology act, 2000. Various issues related to section 66 a of it act gktoday. Section 66 of information technology act 2000, computer related offences, it amendment act 2008, section 66 of it act, cyber crime, hacking, section 43. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Where a person without the permission of owner or any other personincharge damage the computer, or computer system, or computer network, the he shall be liable for penalty and compensation to such person so affected. The information and technology act, 2000 it act covers all types of cyber crime committed in the country including hacking.
The amended act which received the assent of the president on february 5, 2009, contains. What is information technology amendment act 2008 it act. If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both. Section 66a of the information technology act 2008. The information technology act, 2000 or ita, 2000 or it act, was notified on october 17, 2000.
Information technology act, 2000 bare acts law library. Ministry of law, justice and company affairs legislative department new delhi, the 9th june, 2000jyaistha 19, 1922 saka the following act of parliament received the assent of the president on the 9th june, 2000, and is hereby published for general information. The main indian act that addresses legal challenges specifically as they relate to the internet is the information technology amendment act, 2008, or for short, the it act. Section 66a of the information technology amendment act, 2008 prohibits the sending of offensive messages though a communication device i. Publishing of information which is obscene in electronic form under it act 2000. And information technology amendment act 2008 effective from october 27, 2009 could be a game changer. But what exactly was in section 66a of the information technology act that made it unconstitutional. Information technology act 2000 cyber law india youtube.
Penalties, compensation and adjudication under information technology act, 2000. We provide services in cyber crime investigation,ethical hacking,hacking coarse, consultation,online security, it laws, case studies, cyber safety tips, and articles, hacking tips and tricks,hacking tutorials,submit your complaint,complaint,cyber crime complaint, salient features of the information technology amendment act, 2008. Mar 24, 2015 section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to the arrests of many. Section 66e in the information technology act, 2000. Section 66f of the information technology act, 2000 the. Life after section 66a of the information technology act. Amendments to the bankers books evidence act, 1891. It act was amended by it amendment act, 2008 when the information technology act, 2000 was introduced it was the first information technology legislation introduced in india. Any person dishonestly, or fraudulently does any act as. Mar 24, 2015 the supreme court has quashed section 66a of the information technology act on tuesday, terming it vague and unconstitutional.
A background to section 66a of the it act, 2000 prsindia. The law was amended in 2008 and received presidential assent on. The it act was amended in 2008 to address contemporary issues and. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to the arrests of many people for posting content deemed to be allegedly objectionable on the internet. Information technology act 2000 hi guys in this video we are going to explain about the information it act 2000 video walk through on. Oct 12, 2012 the information technology act, 2000 has given legal recognition to creation, transmission and retention of an electronic or magnetic data to be treated as valid proof in a court of law some technology products in banking sector include. If any person without permission or the knowledge of the owner or any other person who is incharge of a computer, computer system or computer network. It introduced section 66a which penalized sending offensive messages. The existing laws section 66 of information technology act is not sufficient to.
To know about it act 2000 as amended by information technology amendment act 2008, and its objectives to understand its scope and definitions to discuss various chapters of the act. On december 22, 2008, the information technology amendment act, 2008 was passed by the lok sabha with almost no discussion whatsoever. With the tendency of misusing of technology, there arisen a need of strict. The law was amended in 2008 and received presidential assent on february 5, 2009. It is the law that deals with cybercrime and electronic commerce in india. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. Information technology act ministry of electronics and. Buy commentary on information technology act book online at. No part of this book may be translated or copied in any. Critical appraisal of information technology act academike. Does anyone know under which section of the law comes cyber. It amendment act 2008 2349 kb this pdf file is non accessible through use of assistive technologies i. The controversial section has long been decried by. B knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the state or foreign relations.
Any person who sends, by means of a computer resource or a communication device. The information technology act, 2000 did not contain any provisions regarding this heinous crime but the amended act in 2008 made it possible by recognising cyber stalking via section 66a. The amended act which received the assent of the president on february 5, 2009, contains section 66a. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. All you need to know about section 66a of the it act.
Section 69 of the information technology amendment. Substituted by information technology amendment act, 2008 10 of 2009, s. Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Section 66c of information technology act 2000amendment. Section 66a of the information technology act the centre for. The accused paid fine amount and he was lodged at central prison, chennai.
Be it enacted by parliament in the fiftyninth year of the republic of india as follows. For the purposes of this section, the expression affixing digital signature shall have the meaning assigned to it in clause d of subsection 1 of section 2 of the information technology act, 2000. Why did the need for it amendment act 2008 itaa arise. Act, 1872, the bankers books evidence act, 1891 and the reserve bank of. Mar 24, 2015 but what exactly was in section 66a of the information technology act that made it unconstitutional. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. The information technology amendment act, 2008 the. Section 66a of the information technology act is unconstitutional in its. The supreme court struck down section 66a of the it act in. Section 66a dealing with punishment for sending offensive messages, which was.
Section 66a in the law books would now read, hence repealed in the wake of the supreme court verdict. We highlight the sections that have the greatest relevance for the internet and democracy. Buy commentary on information technology act with rules. Amendment act of 2008 and the cases laws relating to the section 66a66f. Here in this article we will be looking forward to section 66 a specifically in the light of supreme court judgements. Jun 24, 2014 as per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs. The main aim if this paper is to prove that the existing laws under section 66 of it act is not sufficient enough to deal with the increasing computer. Buy commentary on information technology act book online at best prices in india on. The following are the chapters, in which the information technology act 2000 has been divided into. The supreme court has quashed section 66 a of the information technology act on tuesday, terming it vague and unconstitutional. After amendment 2008 section 66 a 66f were added describing certain kinds of offences.
Information technology amendment act, 2008 it act 2008 is a substantial addition to indias information technology act ita2000. Cybercrime and privacy the centre for internet and society. They were charged under section 66a and b of the it act, for defamation under sections 500, for obscene gesture to a woman under section 509, and abetting a crime under section. It was later amended by passing information technology amendment act, 2008. Information technology act, 2000 with 2008 amendments. Net banking online payment of excise and service tax 24. Additions to the it act in 2008 protect against identity theft s. Section 66 of the information technology act 2000 amendment 2008 speaks about cyber crimes. Section 43 of the it act provides that a person shall be liable to pay.
Section 66 c of information technology act 2000amendment 2008 section 66 c 66 d of the information technology act, 2000. The supreme courts decision to strike down section 66a of it act may infuse social network site. Hacking earlier used to refer to a crime under section 43 of the it act but at the same time, ethical hacking or better known as white collar hacking was considered legal. The most important tools to curtail it are sections 67 and 67a of the it act, prohibiting obscene and sexually explicit material respectively. All you need to know about section 66a of the it act the.
The above act was further amended in the form of it amendment act, 2008 itaa2008. The information technology act, 2000 was amended in 2008. Most of the terms used in the section have not been specifically defined under the act. The information technology act, 2000 is an act of the indian parliament no 21 of 2000. Act, 1872, the bankers books evidence act, 1891 and the reserve bank of india act, 1934. The it amendment act was passed by the indian parliament in october 2008 and came into force a year later. Any person who sends, by means of a computer resource or a communication device, any information that is grossly offensive or has menacing character. Section 66a of the information technology act repealed. Dec 17, 2014 by soumik chakraborty and sreedhar kusuman. The information technology amendment bill, 2008 amended sections 43 data protection, 66 hacking, 67 protection against unauthorised access to data.
Section 66 b states the punishment for dishonestly receiving or. In light of this, we present a background to section 66 a and the recent developments leading up to its challenge before the court. Sections 6, 7 and 8 not to confer right to insist document should be accepted in. Any person who sends, by means of a computer resource or a communication device, any information that is grossly offensive or has. The student was asked to stop writing and taken aside, the police said. Offences and penalties under information technology act, 2000. Section 66 computer related offences amended vide information technology amendment act 2008 reads as under.
May 16, 20 this entry was posted in section 66c of information technology act 2000, section 66c of information technology act 2000amendment 2008 and tagged section 66c of information technology act 2000, section 66c of information technology act 2000amendment 2008 on may 16, 20 by cyber crime lawyer in delhi. Section 66 a of the information technology act 2000 inserted vide amendment in 2008 was struck down by the supreme court in the recent case of shreya singhal vs. It act 2000, information technology act 2000, bare act. The facts and opinions expressed here do not reflect the views of.
Buy commentary on information technology act with rules, regulations, orders, guidelines, reports and policy documents book online at best prices. Though on paper its a recognised crime, half of the society is still unaware about it. A case under section 66 d of the information technology act was registered, the officer said, adding a probe was on. While the objective behind the 2008 amendment was to prevent the misuse of information technology, particularly through social media, section 66a comes with extremely wide parameters, which allow whimsical interpretations by law enforcement agencies.
The section 66a of the it act penalizes sending false and offensive messages through communication services. For user information document title is the gazette of india part ii dated february 5,2009. The information technology amendment act, 2008 serves as a suitable case study for an analysis of the legislative exercise of law and policy formulation in the field of cybercrime legislation, revealing quite emphatically the need for carefully worded provisions, foresight in the drafting process and imagination with respect to. While the details of the supreme court ruling have yet to be released, freespeech activists. Section 66 in the information technology act, 2000 71 66 computer related offences. This act was substantially amended through the information technology amendment act 2008 in 2008. All you need to know about section 66a of the it act the hindu.
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may. The section came in the limelight mostly because of the infamous intermediary guidelines rules, or it rules, which were made under it. Punishment for sending offensive messages through communication service, etc. Information technology act, 2000 21 of 2000 9th june, 2000. What section 66 of indias information technology act. Buy commentary on information technology act book online. Full text containing the act, information technology act, 2000, with all the sections, schedules, short title, enactment date, and footnotes.
This is considered the first case convicted under section 67 of information technology act 2000 in india. Search the worlds most comprehensive index of fulltext books. It act 2000 penalties, offences with case studies checkmate. The authorities at the exam centre then called the police. While the details of the supreme court ruling have. The government of india enacted its information technology act 2000 with. An analytical study on offences under it act with special. Salient features of the information technology amendment. The information technology amendment act, 2008 serves as a suitable case study for an analysis of the legislative exercise of law and policy formulation in the field of cybercrime legislation. The information technology act, 2000 also known as ita2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000.
143 1387 450 712 1144 883 378 262 1564 1580 426 572 248 1355 4 778 247 407 505 66 509 1561 917 293 140 503 356 1296 553 542 851 1031 1165 1354 1237 1194 1040