Important cyber laws in India that every organization should know

Last Updated at: October 23, 2019
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Important cyber laws in India that every organization should know

Cyber law in India governs the legal issues related to the use of communications technology, mainly “cyberspace”, that is. the Internet. It is less of different field of law in the way that a contract or property is, as it is a connection of many legal fields, including privacy, intellectual property, freedom of expression, and jurisdiction. In spirit, cyber law is an effort to apply laws designed for the physical world, to the human activity on the Internet. In India, The Information Technology Act, 2000 as amended by The IT (Amendment) Act, 2008 is known as the Cyber Law. It has a distinct chapter XI entitled “Offences” in which different cybercrimes have been declared as penal offences which are punishable with imprisonment and fine. It is also important to know about ISO 27001 certification and have an effective Information Security Management System in place. 

Here are important cyber laws that every organization must be aware of.

Hacking

Hacking is not explained in the Information Technology Act, 2000. In general, hacking means unlawful attempts to bypass the security mechanisms of a network or information system. Hacking is a punishable offence under Information Technology (Amendment)Act, 2008, Section 43(a) read with the section 66 is applicable and Section 379 and 406 of Indian Penal Code, 1860 are also applicable. Hacking offences are cognizable, compoundable, bailable with permission of the court before which the prosecution of such offense is pending and can be trailed by any magistrate.

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Data theft

Data theft is a rising problem, mainly perpetrated by office workers with the access to technology such as desktops, computers and laptops, proficient in storing digital information such as iPods, flash drives and even digital cameras. Data theft is punishable under Information Technology (Amendment) Act, 2008, Section 43(b) which is read with Section 66 is applicable and under Section 379, 405 and 420 of Indian Penal Code,1860 is also applicable. Data theft offences are cognizable, compoundable, bailable with permission of the court before which the prosecution of such an offense is pending and can be trailed by any magistrate.

Spreading virus

In most of the situations, viruses can do any kind of damage, the creator intends them to do. The Creator can send the data to the third party and then delete the data from the computer. They can also ruin the system and render it unfeasible without a re-installation of the operating system. Spreading virus is a punishable offence under Information Technology (Amendment) Act, 2008, Section 43(c) and 43(e) read with Section 66 is applicable and under section 268 of Indian Penal Code, 1860 is also applicable. Spreading of virus offences is cognizable, compoundable, bailable with permission of the court before which the prosecution of such offense is pending and can be trailed by any magistrate.

Identity theft

Identity theft is a kind of fraud or cheating of another individual’s identity in which someone pretends to be someone else by assuming that individual’s identity, typically in order to access the resources or obtain credit and other benefits in that individual’s name. Identity theft is punishable under Information Technology (Amendment) Act, 2008, Section 66-C and Section 419 of Indian Penal Code, 1860 is also applicable. Identity theft offences are cognizable, compoundable, bailable with permission of the court before which the prosecution of such offense is pending and can be trailed by any magistrate.

E-mail spoofing

E-mail spoofing is an e-mail activity in which the sender addresses and other portions of the e-mail header are changed to appear as though the e-mail initiated from a different source. E-mail spoofing is sending an e-mail to another individual in such a way that it appears that the e-mail was sent by another individual. Email spoof is punishable under Information Technology (Amendment) Act, 2008, Section 66-D and Section 417, 419 and 465 of Indian Penal Code, 1860 is also applicable. Email spoofing offences are cognizable, compoundable, bailable with permission of the court before which the prosecution of such offense is pending and can be trailed by any magistrate.

So, when you start a business or if you are already running one, make sure to understand all these laws.

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Important cyber laws in India that every organization should know

2133

Cyber law in India governs the legal issues related to the use of communications technology, mainly “cyberspace”, that is. the Internet. It is less of different field of law in the way that a contract or property is, as it is a connection of many legal fields, including privacy, intellectual property, freedom of expression, and jurisdiction. In spirit, cyber law is an effort to apply laws designed for the physical world, to the human activity on the Internet. In India, The Information Technology Act, 2000 as amended by The IT (Amendment) Act, 2008 is known as the Cyber Law. It has a distinct chapter XI entitled “Offences” in which different cybercrimes have been declared as penal offences which are punishable with imprisonment and fine. It is also important to know about ISO 27001 certification and have an effective Information Security Management System in place. 

Here are important cyber laws that every organization must be aware of.

Hacking

Hacking is not explained in the Information Technology Act, 2000. In general, hacking means unlawful attempts to bypass the security mechanisms of a network or information system. Hacking is a punishable offence under Information Technology (Amendment)Act, 2008, Section 43(a) read with the section 66 is applicable and Section 379 and 406 of Indian Penal Code, 1860 are also applicable. Hacking offences are cognizable, compoundable, bailable with permission of the court before which the prosecution of such offense is pending and can be trailed by any magistrate.

Register For GST and File Your Tax Returns

Data theft

Data theft is a rising problem, mainly perpetrated by office workers with the access to technology such as desktops, computers and laptops, proficient in storing digital information such as iPods, flash drives and even digital cameras. Data theft is punishable under Information Technology (Amendment) Act, 2008, Section 43(b) which is read with Section 66 is applicable and under Section 379, 405 and 420 of Indian Penal Code,1860 is also applicable. Data theft offences are cognizable, compoundable, bailable with permission of the court before which the prosecution of such an offense is pending and can be trailed by any magistrate.

Spreading virus

In most of the situations, viruses can do any kind of damage, the creator intends them to do. The Creator can send the data to the third party and then delete the data from the computer. They can also ruin the system and render it unfeasible without a re-installation of the operating system. Spreading virus is a punishable offence under Information Technology (Amendment) Act, 2008, Section 43(c) and 43(e) read with Section 66 is applicable and under section 268 of Indian Penal Code, 1860 is also applicable. Spreading of virus offences is cognizable, compoundable, bailable with permission of the court before which the prosecution of such offense is pending and can be trailed by any magistrate.

Identity theft

Identity theft is a kind of fraud or cheating of another individual’s identity in which someone pretends to be someone else by assuming that individual’s identity, typically in order to access the resources or obtain credit and other benefits in that individual’s name. Identity theft is punishable under Information Technology (Amendment) Act, 2008, Section 66-C and Section 419 of Indian Penal Code, 1860 is also applicable. Identity theft offences are cognizable, compoundable, bailable with permission of the court before which the prosecution of such offense is pending and can be trailed by any magistrate.

E-mail spoofing

E-mail spoofing is an e-mail activity in which the sender addresses and other portions of the e-mail header are changed to appear as though the e-mail initiated from a different source. E-mail spoofing is sending an e-mail to another individual in such a way that it appears that the e-mail was sent by another individual. Email spoof is punishable under Information Technology (Amendment) Act, 2008, Section 66-D and Section 417, 419 and 465 of Indian Penal Code, 1860 is also applicable. Email spoofing offences are cognizable, compoundable, bailable with permission of the court before which the prosecution of such offense is pending and can be trailed by any magistrate.

So, when you start a business or if you are already running one, make sure to understand all these laws.

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