In India, cyber laws are governed by a combination of legislative acts, rules, and guidelines primarily aimed at regulating digital activities, preventing cybercrimes, and protecting data privacy. Hereโs a breakdown of the key laws and their relevant provisions:
๐ 1. Information Technology Act, 2000 (IT Act)
The IT Act, 2000 is the primary law governing cyber activities in India. It provides legal recognition to electronic transactions and penalties for cybercrimes.
โ Key Sections and Provisions:
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Section 43 โ Penalty for unauthorized access, downloading, and damage to computer systems.
๐ Fine up to โน1 crore or compensation to the affected party. -
Section 66 โ Punishment for hacking or unauthorized access with dishonest intent.
โ๏ธ Imprisonment up to 3 years and/or fine up to โน5 lakh. -
Section 66A (Struck down by Supreme Court in 2015) โ Previously punished sending offensive messages through electronic communication.
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Section 66B โ Punishment for dishonestly receiving stolen computer resources or communication devices.
โ๏ธ Imprisonment up to 3 years and/or fine up to โน1 lakh. -
Section 66C โ Identity theft, fraudulent use of passwords, or unique identification features.
โ๏ธ Imprisonment up to 3 years and/or fine up to โน1 lakh. -
Section 66D โ Cheating by impersonation using computer resources.
โ๏ธ Imprisonment up to 3 years and/or fine up to โน1 lakh. -
Section 66E โ Punishment for violation of privacy, capturing, publishing images of a private area.
โ๏ธ Imprisonment up to 3 years and/or fine up to โน2 lakh. -
Section 67 โ Publishing or transmitting obscene material in electronic form.
โ๏ธ First conviction: Up to 5 years imprisonment and fine up to โน10 lakh.
โ๏ธ Subsequent conviction: Up to 7 years imprisonment and fine up to โน10 lakh. -
Section 67A โ Publishing or transmitting sexually explicit content.
โ๏ธ First conviction: Up to 5 years and fine up to โน10 lakh.
โ๏ธ Subsequent conviction: Up to 7 years and fine up to โน10 lakh. -
Section 69 โ Power to intercept, monitor, and decrypt information for national security.
โ Government can intercept, monitor, or decrypt any information for public safety or national security. -
Section 72 โ Breach of confidentiality and privacy.
โ๏ธ Imprisonment up to 2 years or fine up to โน1 lakh.
๐ก๏ธ 2. Indian Penal Code (IPC), 1860 – Relevant Sections
- Section 378 (Theft) โ Applied for data theft or stealing confidential information.
- Section 420 (Cheating and Fraud) โ Applicable in cases of phishing, identity theft, and financial fraud.
- Section 463-465 (Forgery) โ Applied in cases of digital forgery, document tampering, and electronic record forgery.
- Section 499-500 (Defamation) โ Used in cases of online defamation, slander, or derogatory remarks on social media.
๐ต๏ธ 3. Digital Personal Data Protection Act, 2023 (DPDP Act)
This act governs data protection and privacy, replacing some provisions of the IT Act.
โ Key Provisions:
- Consent-based data collection and processing.
- Rights of data principals, including the right to correction, erasure, and grievance redressal.
- Penalties for data breaches or violation of data protection provisions.
โ๏ธ 4. Companies Act, 2013
- Section 206 โ Cyber forensics for investigating fraud in companies.
- Section 447 โ Punishment for fraud, including cyber-related frauds.
- Section 465 โ Penalty for falsifying electronic records in companies.
๐ 5. Indian Evidence Act, 1872
- Section 65B โ Admissibility of electronic records in legal proceedings.
- Electronic records, digital signatures, and forensic reports are considered valid evidence under this section.
๐ฎ 6. The Protection of Children from Sexual Offences (POCSO) Act, 2012
- Section 14 & 15 โ Punishes the use of children for creating or transmitting child pornographic material or online abuse.
๐ฐ๏ธ 7. The Aadhaar Act, 2016
- Governs the use and security of Aadhaar data.
- Prohibits unauthorized access, storage, and misuse of Aadhaar information.
๐จ 8. Cybersecurity Guidelines by CERT-In
- The Indian Computer Emergency Response Team (CERT-In) is responsible for handling cybersecurity incidents and issuing guidelines on cybersecurity practices.
๐ก Recent Developments:
- Stricter compliance for intermediaries and social media platforms under IT Rules 2021.
- Enhanced grievance redressal mechanisms for online platforms.