INFORMATION TECNOLOGY

SEMESTER – 9TH
TODAY’S TOPIC

 OFFENCE UNDER INFORMATION TECNOLOGY

 Concept of cyber crime

 Hacking in cyberspace
 Cyber fraud
 Cyber theft
 Cyber terrorism
 Cyber pornography
CONCEPT OF CYBER CRIME

 Cybercrime refers to criminal activities that involve the use of computers, networks, or the
internet.
 This can range from hacking to cyber terrorism, data breaches, online fraud, and identity theft.
HACKING IN CYBERSPACE

 Hacking involves gaining unauthorized access to a computer, network, or system with the intent to steal, alter, or
destroy data or cause harm.
 Under Section 66 of the IT Act, hacking is defined as accessing a computer system or network without
permission and causing damage or harm to data or systems.
 It also includes altering or deleting data or information stored on a computer or causing damage to it.
 Punishment:
 Hacking under Section 66 is punishable with imprisonment for up to 3 years or a fine of up to ₹5 lakh, or both.
CYBER FRAuD (SEC 66D)
 Cyber fraud often involves impersonation (e.g., using fake identities or phishing) to deceive
individuals or organizations.
 The law criminalizes such activities if the fraud is committed through online means, such as fake
emails, fake websites, or social media platforms.
 This includes activities like phishing, where attackers impersonate legitimate entities (e.g.,
banks, businesses) to steal personal or financial information.
 Types of Cyber Fraud
 Phishing, Online Banking Fraud, Investment Fraud, Fake Auctions or E-commerce Scams.
 Punishment
 Imprisonment: Cyber fraud under Section 66D is punishable by up to 3 years of imprisonment.
 Fine: A fine of up to ₹1 lakh can be imposed for those convicted of the crime.
CYBER THEFT
 (SECTION 66B) Cyber theft under the Information Technology Act, 2000 (IT Act, 2000) refers to the illegal
act of stealing data, information, or intellectual property from a computer system, network, or online platform.
 It typically involves accessing sensitive or private data without authorization, often for personal gain.
 Types of Cyber Theft:
 Data Theft, Intellectual Property Theft, Identity Theft, Financial Theft
 Punishment for Cyber Theft:
 imprisonment for up to 3 years or a fine of up to ₹1 lakh, or both.
 Section 43: The victim can claim compensation for the loss caused by the cyber theft, in addition to the penalties
mentioned under the IT Act.
CYBER TERRORISM
 Section 66F of the IT Act specifically addresses cyber terrorism.
 It criminalizes any act done with the intent to threaten the sovereignty, integrity, or security of India, or to disturb
public order, create fear, or intimidate a population using computers or other information technology tools.
 Punishment
Ø Punishable by life imprisonment or imprisonment for up to 10 years.
Ø Fine: In addition to imprisonment, the offender can also be fined as determined by the court.
CYBER PORNOGRAPHY
 Section 67 of the IT Act criminalizes the publishing, transmitting, or distributing obscene material through
electronic means.
 This includes any form of pornographic content, such as explicit images, videos, or messages, shared through the
internet, email, websites, or social media platforms.
 Section 67A specifically addresses the transmission of sexually explicit content.
 It makes it a criminal offense to publish, transmit, or circulate material that depicts sexual acts or explicit content
via electronic means.
 Section 67B is specifically aimed at child pornography. It criminalizes the possession, publishing, transmitting,
or circulating child sexual abuse material (CSAM).
 Those found guilty of child pornography offenses under this section face stringent penalties, including life
imprisonment and fines.
 PuNISHMENT
 Section 67: If someone is convicted under Section 67 for publishing or transmitting obscene material, they can
face imprisonment for up to 3 years and a fine of up to ₹5 lakh for the first offense. For subsequent offenses,
imprisonment can be extended to 5 years with a fine of up to ₹10 lakh.
 Section 67A: Similar penalties apply for the transmission of sexually explicit material under Section 67A.
 Section 67B: For child pornography, the penalties are much harsher, including life imprisonment and heavy fines.
WHAT IS LEGAL AND ILLEGAL
 Watching pornography in private is not illegal in India.
 Watching pornography in private is not illegal
 Consuming or storing child pornography or violence against women is illegal
 Publishing, transmitting, or causing to publish or transmit obscene material is illegal
 Selling, distributing, exhibiting, or circulating obscene material to a person below 18 years of age is illegal
 Private adult pornography viewing is legal.
 Creating or producing pornographic content of any type is prohibited.
 Forcing any woman of any age, whether your spouse or a friend, to view porn is criminal.
 Making any male over the age of 18 view porn is legal.
 It is illegal to watch, make, or share any type of child pornography.
 Sharing links to pornographic movies on any social media platform, including WhatsApp, Facebook,
and Instagram, even in private messages, is unlawful.
 Watching pornography in a group or in a public location is prohibited.
WHAT LAWS APPLY

 The Indian Penal Code, 1860 (IPC)

 The Information Technology (IT) Act of 2000
 The Protection of Children from Sexual Offences Act (POCSO), 2012
 Women's Indecent Representation (Prohibition) Act of 1986 (IRWA)
CASE LAW’S
 In 2015, the Supreme Court of India ruled that watching porn in private is not a crime in the case of Ranjit D.
Udeshi vs State Of Maharashtra.
 In Kamlesh Vaswani vs. Union of India & Ors. (2016), the Supreme Court of India orally stated that viewing
porn in a private room may fall under the Constitution's right to personal liberty.