Cyber Appellate Tribunal

Introduction:

The Information Technology Act, 2000 which came into force on 17th, October 2000
was enacted to provide legal recognition for transactions carried out by means of electronic
data inter change and other means of electronic communication, commonly referred to as
“electronic commerce” which involve the use of alternatives to paper based methods of
communication and storage of information, to facilitate electronic filing of documents with
the Government Agencies and to amend the Indian Penal Code, the Indian Evidence Act,
1872, the Bankers Book of Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and
also for matters connected therewith or incidental thereto.

The first and the only Cyber Appellate Tribunal in the country has been established
by the Central Government in accordance with the provisions contained under Section 48(1)
of the Information Technology Act, 2000. The Tribunal initially known as the Cyber
Regulations Appellate Tribunal (CRAT). After amendment of the IT Act in the year 2008
(Which came into effect on 27.10.2009) is known as the Cyber Appellate Tribunal (CAT).
The Tribunal started functioning from October, 2006 in a portion of the Department of
Information Technology building at CGO Complex, Lodhi Road, New Delhi. The Act
provided for the Tribunal to be headed by a Presiding Officer who is or who was or who is
qualified to be a Judge of a High Court. Hon’ble Mr. Justice R.C. Jain, a retired Judge of
Delhi High Court was the first Presiding Officer of the Cyber Appellate Tribunal, who joined
as Presiding Officer on 4th October, 2006. The tenure of Mr. Justice R. C. Jain, as Presiding
Officer of Cyber Appellate Tribunal expired on 7th December, 2007.

Now we will briefly discuss Roles and powers of Cyber Appellate Tribunal.

Establishment of Cyber Appellate Tribunal [section 48]

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(1) The Central Government shall, by notification, establish one or more appellate
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tribunals to be known as the Cyber Regulations Appellate Tribunal.

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(2) The Central Government shall also specify, in the notification referred to in
subsection (1), the matters and places in relation to which the Cyber Appellate Tribunal may
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exercise
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jurisdiction.

* Though the aforesaid sub-section (1) provides for appointment of one or more
appellate tribunals by the Central Government8
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but the- language of the rule 13 of the cyber
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regulation tribunal rules, 2000 make it clear that there shall only be one tribunal and it shall
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ordinarily hold its sitting at New Delhi.

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The aforesaid rule has further provided- a lot of flexibility to cyber appellate tribunal
as far as its sittings are concerned. That is, if at any time, the Chairperson of the Tribunal is
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satisfied that circumstances exist which rendered it necessary to have sittings of the tribunal
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at any place other than New Delhi, the Chairperson may direct to hold the sittings at any such
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appropriate place.
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 It is for the chairperson to exercise this ‘rule of sittings’ in a most appropriate and
judicious manner. The tribunal shall notify to the parties the date and the place of the hearing
of the application.

It is for the Central Government to specify by order the matters and places in relation
to which the cyber appellate tribunal may exercise jurisdiction.

It was held by the Supreme Court in Union of India vs. Paras Laminates (p) limited
“there are no doubt that the tribunal functions as a court within the limits of its jurisdiction. It
has all the powers conferred expressly by the statue. Furthermore, being a judicial body, it
has all the powers conferred expressly by the statue. Furthermore, being a judicial body, it
has all the powers expressly and impliedly granted.

Composition of Cyber Appellate Tribunal [section 49]

A Cyber Appellate Tribunal shall consist of one person only (hereinafter referred to as the
Presiding Officer of the Cyber Appellate Tribunal) to be appointed, by notification, by the
Central Government

Qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal

[section 50]

A person shall not be qualified for appointment as the Presiding Officer of a Cyber
Appellate Tribunal unless he— (a) is, or has been. or is qualified to be, a Judge of a High
Court; or (b) is or has been a member of the Indian Legal Service and is holding or has held a
post in Grade I of that Service for at least three years.

Term of office [section 51]

The Presiding Officer of a Cyber Appellate Tribunal shall hold office for a term of
five years from the date on which he enters upon his office or until he attains the age of sixty-
five years, whichever is earlier.

Salary, allowances and other terms and conditions of service of Presiding Officer
[section 52]

The salary and allowances payable to, and the other terms and conditions of service
including pension, gratuity and other retirement benefits of. the Presiding Officer of a Cyber
Appellate Tribunal shall be such as may be prescribed: Provided that neither the salary and
allowances nor the other terms and conditions of service of the Presiding Officer shall be
varied to his disadvantage after appointment.

Powers of Superintendence, direction, etc. [Section 52A]

The Chairperson of the cyber appellate tribunal shall have powers of general superintendence
and directions in the conduct of the affairs of that Tribunal, exercise and discharge such
powers and functions of the Tribunal as may be prescribed.
 The chairperson being the head of the cyber appellate tribunal has both executive and
administrative powers of general superintendence and directions in the conduct of the affair
of the Tribunal, which may include presiding over the meeting of the Tribunal, exercise and
discharge such powers and functions of the Tribunal as may be prescribed.

Distribution of Business among Benches [Section-52 B]

Where Benches are constituted, the Chairperson of the Cyber Appellate Tribunal may,
by order, distribute the business of that Tribunal amongst the Benches and also the matters to
be dealt with by each Bench.

The aforesaid section refers to an administrative function, i.e. distribution of business

among benches. It shall be the prerogative of the Chairperson to distribute the business
amongst the Benches and also the matters to be deal with by each Bench.

This provision may become useful in the coming years with the increase in litigation
and more and more appeals coming before the Cyber Appellate Tribunal.

Powers of the Chairperson to transfer cases [Section 52 C]

On the application of any of the parties and after notice to the parties, and after
hearing such of them as he may deem proper to be heard, or suo motu without such notice,
the Chairperson of the Cyber Appellate Tribunal may transfer any case pending before one
bench, for disposal to any other bench.

The aforesaid section refers to a judicial function, i.e. power of the chairperson to
transfer cases after either following the laid down procedure or suo moto may transfer any
case pending before one bench, for disposal to any other bench.

Decision by Majority [Section 52 D]

If the Members of a Bench consisting of two members differ in opinion on any point,
they shall state the point or points on which they differ, and make a reference to the
Chairperson of the cyber appellate tribunal who shall hear the point or points himself and
such point or points shall be decided according to the opinion of the majority of the Members
who have heard the case, including those who first heard it.

The aforesaid section advocates the rule-decision by majority. This section also refers
to constitution of large Bench, if the members of the Bench consisting of two members differ
in opinion on any point, it shall be prerogative of the Chairperson to constitute such large
bench. The larger bench shall be headed by the Chairperson and consist of Members,
including those who first heard it.

Filling up of vacancies [section 53]

If, for reason other than temporary absence, any vacancy occurs in the office n the
Presiding Officer of a Cyber Appellate Tribunal, then the Central Government shall appoint
another person in accordance with the provisions of this Act to fill the vacancy and the
proceedings may be continued before the Cyber Appellate Tribunal from the stage at which
the vacancy is filled.

Resignation and Removal [section 54]

(1) The Presiding Officer of a Cyber Appellate Tribunal may, by notice in writing
under his hand addressed to the Central Government, resign his office: Provided that the said
Presiding Officer shall, unless he is permitted by the Central Government to relinquish his
office sooner, continue to hold office until the expiry of three months from the date of receipt
of such notice or until a person duly appointed as his successor enters upon his office or until
the expiry of his term of office, whichever is the earliest.

(2) The Presiding Officer of a Cyber Appellate Tribunal shall not be removed from
his office except by an order by the Central Government on the ground of proved
misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which
the Presiding Officer concerned has been informed of the charges against him and given a
reasonable opportunity of being heard in respect of these charges.

(3) The Central Government may, by rules, regulate the procedure for the investigation of
misbehaviour or incapacity of the aforesaid Presiding Officer.

Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
[section 55]

No order of the Central Government appointing any person as the Presiding Officer of
a Cyber Appellate Tribunal shall be called in question in any manner and no act or
proceeding before a Cyber Appellate Tribunal shall be called in question in any manner on
the ground merely of any defect in the constitution of a Cyber Appellate Tribunal.

Staff of the Cyber Appellate Tribunal [section 56]

(1) The Central Government shall provide the Cyber Appellate Tribunal with such officers
and employees as that Government may think fit

(2) The officers and employees of the Cyber Appellate Tribunal shall discharge their
functions under general superintendence of the Presiding Officer.

(3) The salaries, allowances and other conditions of service of the officers and employees or'
the Cyber Appellate Tribunal shall be such as may be prescribed by the Central Government.

Appeal to Cyber Appellate Tribunal [section 57]

(1) Save as provided in sub-section (2), any person aggrieved by an order made by
Controller or an adjudicating officer under this Act may prefer an appeal to a Cyber
Appellate Tribunal having jurisdiction in the matter.

(2) No appeal shall lie to the Cyber Appellate Tribunal from an order made by an
adjudicating officer with the consent of the parties.
 (3) Every appeal under sub-section (1) shall be filed within a period of tony-five days
from the date on which a copy of the order made by the Controller or the adjudicating officer
is received by the person aggrieved and it shall be in such form and be accompanied by such
fee as may be prescribed: Provided that the Cyber Appellate Tribunal may entertain an appeal
after the expiry of the said period of tony-five days if it is satisfied that there was sufficient
cause not filing it within that period.

(4) On receipt of an appeal under sub-section (1), the Cyber Appellate Tribunal may, after
giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it
thinks fit, confirming, modifying or setting aside the order appealed against.

(5) The Cyber Appellate Tribunal shall send a copy of every order made by it to" the parties
to the appeal and to the concerned Controller or adjudicating officer.

(6) The appeal filed before the Cyber Appellate Tribunal under sub-section (1) shall be dealt
with by it as expeditiously as possible and endeavour shall be made by it to dispose of the
appeal finally within six months from the date of receipt of the appeal.

Procedure and powers of the Cyber Appellate Tribunal [section 58]

(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down by
the Code of civil Procedure, 1908 but shall be guided by the principles of natural justice and,
subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall
have powers to regulate its own procedure including the place at which it shall have its
sittings.

(2) The Cyber Appellate Tribunal shall have, for the purposes of discharging its
functions under this Act, the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:—

(a) Summoning and enforcing the attendance of any person and examining him on
oath;

(b) Requiring the discovery and production of documents or other electronic records;

(c) Receiving evidence on affidavits;

(d) Issuing commissions for the examination of witnesses or documents;

(e) Reviewing its decisions;

(f) Dismissing an application for default or deciding it ex pane;

(g) Any other matter which may be prescribed.

(3) Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a
judicial proceeding within the meaning of sections 193 and 228, and for the purposes of
section 196 of the Indian Penal Code and the Cyber Appellate Tribunal shall be deemed to be
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a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal
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Procedure, 1973.
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Right to legal Representation [section 59]

The appellant may either appear in person or authorise one or more legal practitioners
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or any of its officers to present his or its case before the Cyber Appellate Tribunal. 60.
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Limitation of the period [section 60]

The provisions of the Limitation Act, 1963, shall, as far as may be, apply to an appeal made
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to the Cyber Appellate Tribunal.

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Civil Court not to have jurisdiction [section 61]

No court shall have jurisdiction to entertain any suit or proceeding in respect of any
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matter which an adjudicating officer appointed under this Act or the Cyber Appellate
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Tribunal constituted under this Act is empowered by or under this Act to determine and no
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injunction shall be granted by any court or other authority in respect of any action taken or to
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be taken in pursuance of any power conferred by or under this Act..

Appeal to High Court [section 62]

Any person aggrieved

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by any decision or order of the Cyber Appellate Tribunal may file an
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appeal o
to the High Court within sixty days from the date of communication of the decision or
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order of the Cyber Appellate Tribunal to him on any question of fact or law arising out of
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such order Provided that the High Court may, if it is satisfied that the appellant was prevented
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by sufficient cause from filing the appeal within the said period, allow it to be filed within a
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further period not exceeding sixty days.

Compounding of contraventions [section 63]

(1) Any contravention under this Chapter E

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may, either before or after the institution of
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adjudication proceedings, be compounded by the Controller or such other officer as may be
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specially authorised by him in this behalf or by the adjudicating officer, as the case may be,
subject to such conditions as the Controller or such other officer or the adjudicating officer
may specify: Provided that such sum shall not, in any case, exceed the maximum amount of
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the penalty which may be imposed under this Act for the contravention so compounded.
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(2) Nothing in sub-section (1) shall apply to a person who commits the same or
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similar
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contravention within a period of three years from the date on which the first
contravention,
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committed by him, was compounded. Explanation.—for the purposes of this
sub-section, any second or subsequent contravention committed after the expiry of a period
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of
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three years from the date on which the contravention was previously compounded shall be
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deemed to be a first contravention.

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 (3) Where any contravention has been compounded under sub-section (1), no
proceeding or further proceeding, as the case may be, shall be taken against the person guilty
of such contravention in respect of the contravention so compounded.

Recovery of penalty [Section 64]

A penalty imposed under this Act, if it is not paid, shall be recovered as an arrear of
land revenue and the licence or the Digital Signature Certificate, as the case may be, shall be
suspended till the penalty paid.

Conclusion;

The first Cyber Appellate Tribunal has been established by the central government
under the Information Technology Act, 2000. The motive of Cyber Appellate Tribunal is to
stop the cyber crimes and frauds over a period of time. These tribunal discharge their power
as the same as Supreme Court under the code of civil procedure, 1908. The duties of Cyber
Appellate Tribunal are discharged by one person, who is known as Presiding Officer. He acts
and discharges his duties as Supreme Court judge.
 Lecture-15

Cyber offences

Introduction:

The advancement of technology has made man dependent on Internet for all his
needs. Internet has given man easy access to everything while sitting at one place. Social
networking, online shopping, storing data, gaming, online studying, online jobs, every
possible thing that man can think of can be done through the medium of internet. Internet is
used in almost every sphere. With the development of the internet and its related benefits also
developed the concept of cyber crimes. Cyber crimes are committed in different forms. A few
years back, there was lack of awareness about the crimes that could be committed through
internet. In the matters of cyber crimes, India is also not far behind the other countries where
the rate of incidence of cyber crimes is also increasing day by day.

The introduction of the internet has brought the tremendous changes in our lives.
People of all fields are increasingly using the computers to create, transmit and store
information in the electronic form instead of the traditional papers, documents. Information
stored in electronic forms has many advantages, it is cheaper, easier to store, easier to retrieve
and for speedier to connection. Though it has many advantages, it has been misused by many
people in order to gain themselves or for sake or otherwise to harm others. The high and
speedier connectivity to the world from any place has developed many crimes and these
increased offences led to the need of law for protection. Some countries have been rather
been vigilant and formed some laws governing the net. In order to keep in pace with the
changing generation, the Indian Parliament passed the law --- Information Technology Act
2000. The IT Act 2000 has been conceptualized on the United Nations Commissions on
International Trade Law (UNCITRAL) Model Law. The increase rate of technology in
computers has led to enactment of Information Technology Act 2000. The converting of the
paper work into electronic records, the storage of the electronic data, has led tremendous
changed the scenario of the country. The Act further amends the Indian Penal Code, 1860,
The Evidence Act, 1872, The Banker’s Book’s Evidence Act, 1891 and The Reserve Bank of
India Act, 1934.

Offences:
Cyber offences are the unlawful acts which are carried in a very sophisticated manner in
which either the computer is the tool or target or both. Cyber crime usually includes:
(a) Unauthorized access of the computers

(b) Data diddling

(c) Virus/worms attack

(d) Theft of computer system

(e) Hacking
(f) Denial of attacks

(g) Logic bombs

(h) Trojan attacks

(i) Internet time theft

(j) Web jacking

(k) Email bombing

l) Salami attacks

(m) Physically damaging computer system.

The offences included in the IT Act 2000 are as follows:

1. Tampering with the computer source documents.

2. Hacking with computer system.

3.Publishing of information which is obscene in electronic form.

4. Power of Controller to give directions

5. Directions of Controller to a subscriber to extend facilities to decrypt information

6. Protected system

7. Penalty for misrepresentation

8. Penalty for breach of confidentiality and privacy

9. Penalty for publishing Digital Signature Certificate false in certain particulars

10. Publication for fraudulent purpose

11. Act to apply for offence or contravention committed outside India

12. Confiscation

13. Penalties or confiscation not to interfere with other punishments.

14. Power to investigate offences.

Offences Under The IT Act 2000:

Section 65. Tampering with computer source documents:

Whoever knowingly or intentionally conceals, destroys or alters or intentionally or

knowingly causes another to conceal, destroy or alter any computer source code used for a
computer, computer Programme, computer system or computer network, when the computer
source code is required to be kept or maintained by law for the being time in force, shall be
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punishable with imprisonment up to three year, or with fine which may extend up to two lakh
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rupees, or withO
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both.

Explanation: For the purpose of this section “computer source code” means the listing of
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programmes, computer commands, design and layout and programme analysis of computer
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resource in any form.

Object: The object of the section is to protect the “intellectual property” invested in the
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computer. It is an attempt to protect the computer source documents (codes) beyond what is
available under

The Copyright Law

Essential ingredients of the section:

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1. Knowingly or intentionally concealing,

2. Knowingly
- or intentionally destroying,

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3. Knowingly or intentionally altering,

4. Knowingly
- or intentionally causing others to conceal,

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5. Knowingly or intentionally causing another to destroy,

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6. Knowingly or intentionally causing another to alter.

This section extends towards the Copyright Act and helps the companies to protect their
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source code of their programmes.
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Penalties: Section 65 is tried by any magistrate. This is cognizable and non- bailable offence.
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Penalties: Imprisonment up to 3 years and / or Fine: Two lakh rupees.

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Section66. Hacking with the computer system:

(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or
damage to the public or any person destroys or deletes or alters any information residing in a
computer resource or diminishes its value or utility or affects it injuriously by any means,
commits hacking.
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(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with
fine which may extend up to-
two lakh rupees, or with both.

1.Whoever with intention or knowledge.

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Explanation: The section tells about the hacking activity. Essential ingredients of the section:

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2.Causing wrongful loss or damage to the public or any person.
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3. Destroying or altering any information residing in a computer resource.
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4. Or diminishes its value or utility or
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5. Affects it injuriously by any means.
Penalties: Punishment: Imprisoned up to three years and
Fine: which may extend up to two lakh rupees.Or with both.

66A. Punishment for sending offensive messages through communication service, etc.
Any person who sends, by means of a computer resource or a communication device,—
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill
will, persistently by making use of such computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or
inconvenience or to deceive or to mislead the addressee or recipient about the origin of such
messages,
shall be punishable with imprisonment for a term which may extend to three years and with
fine.
Explanation.— For the purpose of this section, terms “electronic mail” and “electronic mail
message” means a message or information created or transmitted or received on a computer,
computer system, computer resource or communication device including attachments in text,
images, audio, video and any other electronic record, which may be transmitted with the
message.
Section 67. Publishing of obscene information in electronic form:

Whoever publishes or transmits or causes to be published in the electronic form, any

material which is lascivious or appeals to the prurient interest or if its effect is such as to tend
to deprave and corrupt persons who are likely, having regard to all relevant circumstance, to
read see or hear the matter contained or embodied in it, shall be punished on first conviction
with imprisonment of either description for a term which may extend to five years and with
fine which may extend to one lakh rupees and in the event of a second or subsequent
conviction with imprisonment of either description for a term which may extend to ten years
and also with fine which may extend to two lakh rupees. Essential ingredients of this section:
1. Publishing or transmitting, or causing to be published, pornographic material in electronic
form.
Penalties: Punishment: (1) on first conviction --- imprisonment which may extend up to five
years.
Fine: up to on first conviction which may extend to one lakh rupees.
(2) On second conviction ---- imprisonment up to which may extend to ten years and Fine
which may extend up to two lakh rupees.

CaseLaws:
1. The State of Tamil Nadu v/s Suhas Katti.

Facts: This case is about posting obscene, defamatory and annoying message about a
divorcee woman in the Yahoo message group. E-mails were forwarded to the victim for
information by the accused through a false e- mail account opened by him in the name of the
victim. These postings resulted in annoying phone calls to the lady. Based on the complaint
police nabbed the accused. He was a known family friend of the victim and was interested in
marrying her. She married to another person, but that marriage ended in divorce and the
accused started contacting her once again. And her reluctance to marry him he started
harassing her through internet.

Held: The accused is found guilty of offences under section 469, 509 IPC and 67 of IT Act
2000 and the accused is convicted and is sentenced for the offence to undergo RI for 2 years
under 469 IPC and to pay fine of Rs.500/-and for the offence u/s 509 IPC sentenced to
undergo 1 year Simple imprisonment and to pay fine of Rs.500/- and for the offence u/s 67 of
IT Act 2000 to undergo RI for 2 years and to pay fine of Rs.4000/- All sentences to run
concurrently.”

The accused paid fine amount and he was lodged at Central Prison, Chennai. This is
considered the first case convicted under section 67 of Information Technology Act 2000 in
India.
(2) Any person who fails to comply with any order under sub-section (1) shall be guilty of an
offence and shall be liable on conviction to imprisonment for a term not exceeding three
years or to a fine not exceeding two lakh rupees or to both.

Explanation: Any person who fails to comply with any order under sub section (1) of the
above section, shall be guilty of an offence and shall be convicted for a term not less then
three years or to a fine exceeding two lakh rupees or to both.

Section 69. Directions of Controller to a subscriber to extend facilities to decrypt

information:

(1) If the Controller is satisfied that it is necessary or expedient so to do in the interest of the
sovereignty or integrity of India, the security of the State, friendly relations with foreign
States or public order or for preventing incitement to the commission of any cognizable
offence; for reasons to be recorded in writing, by order, direct any agency of the Government
to intercept any information transmitted through any computer resource.
(2) The subscriber or any person in charge of the computer resource shall, when called upon
by any agency which has been directed under sub-section (1), extend all facilities and
technical assistance to decrypt the information.

(3) The subscriber or any person who fails to assist the agency referred to in subsection
(2) shall be punished with an imprisonment for a term which may extend to seven years.

Penalties: Punishment: imprisonment for a term which may extend to seven years.
The offence is cognizable and non- bailable.

Section70. Protected System:

 (1) The appropriate Government ②
may, by-
notification in the6
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Official Gazette, declare that any
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computer, computer system or computer network to be a protected system.

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(2) The appropriate Governmento

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authorized to access protected systems notified under sub-section (1).

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(3) Any person who secures access or attempts to secure access to a protected system in
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contravention of the provision of this section shall be punished with imprisonment of either
description for a term which may extend to 5 ten years and shall also be liable toIJ
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fine.
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Da
Explanation: This section grants the power to the appropriate government to declare any
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a Only authorized
computer, computer system or computer network, to be a protected system. -

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person has the right to access to protected system.
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Penalties: Punishment: the imprisonment which may extend to ten years and fine.
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Section 71. Penalty for misrepresentation:

(1) Whoever makes any M

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misrepresentation to, or i
suppresses any material fact from,
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the M1
Controller or the Certifying Authority for obtaining any license orQDigital Signature
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Certificate, as the case may be, shall be punished with imprisonment for a term which may
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extend to two years, or which fine which may extend to -one lakh rupees, or withO
both.

Penalties: Punishment: imprisonment which may extend to two years Fine: may extend to one
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lakh rupees or with both.
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Section 72. Penalty for breach of confidentiality and privacy:

Save as otherwise provide in this Act or any other law for the time being in force, any
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person who, in -
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pursuance of any of the powers conferred under this Act, rules or regulation
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made there under, has secured access to any electronic record, book, register,
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correspondence, information, document or other material without the consent of the person
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concerned discloses such material to any other person shall be punished with imprisonment
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for a term which may extend to two years, or with fine which may extend to one lakh rupees,
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or with both.

Explanation: This section relates to any to any person who in pursuance of any of the
powers conferred by the Act or it allied rules and regulations has secured access to any:
Electronic record, books, register, correspondence, information, document, or other material.

If such person discloses such information, he will be punished with punished. It wouldO
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not
apply to disclosure of personal information of a person by a website, by his email service
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provider.
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Penalties: Punishment: term which may extend to -

two years.
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Fine: one lakh rupees or with both.
Section 73. Penalty for publishing Digital Signature Certificate false in certain
particulars:

(1) No person shall publish a Digital Signature Certificate or otherwise make it available to
any other person with the knowledge that-

(a) The Certifying Authority listed in the certificate has not issued it; or
(b) The subscriber listed in the certificate has not accepted it; or
(c) The certificate has been revoked or suspended, unless such publication is for the purpose
of verifying a digital signature created prior to such suspension or revocation.

(2) Any person who contravenes the provisions of sub-section (1) shall be punished with
imprisonment for a term which may extend to two years, or with fine which may extend to
one lakh rupees, or with both.

Explanation: The Certifying Authority listed in the certificate has not issued it or,
The subscriber listed in the certificate has not accepted it or the certificate has been revoked
or suspended. The Certifying authority may also suspend the Digital Signature Certificate if it
is of the opinion that the digital signature certificate should be suspended in public interest.

Digital signature may not be revoked unless the subscriber has been given opportunity
of being heard in the matter. On revocation the Certifying Authority need to communicate the
same with the subscriber. Such publication is not an offence it is the purpose of verifying a
digital signature created prior to such suspension or revocation.

Penalties: Punishment imprisonment of a term of which may extend to two years Fine: fine
may extend to 1lakh rupees or with both.

Section 74. Publication for fraudulent purpose:

Whoever knowingly creates publishes or otherwise makes available a Digital

Signature Certificate for any fraudulent or unlawful purpose shall be punished with
imprisonment for a term which may extend to two years, or with fine which extend to one
lakh rupees, or with both. Explanation: This section prescribes punishment for the following
acts:
Knowingly creating a digital signature certificate for any

i.fraudulent purpose or,

ii.unlawful purpose.

i. Knowingly publishing a digital signature certificate for any Fraudulent purpose or

unlawful purpose
ii. Knowingly making available a digital signature certificate for any fraudulent
purpose or Unlawful purpose. Penalties: Punishment: imprisonment for a term up
to two years. Fine: up to one lakh or both.
Section 75. Act to apply for offence or contravention committed outside India:

(1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply
also to any offence or contravention committed outside India by any person irrespective of
his nationality.

(2) For the purposes of sub-section (1),this Act shall apply to an offence or
Contravention committed outside India by any person if the act or conduct constituting the
offence or contravention involves a computer, computer system or computer network located
in India. Explanation: This section has broader perspective including cyber crime, committed
by cyber criminals, of any nationality, any territoriality

CaseLaws:
R v/s Governor of Brixton prison and another.

Facts: In this case the Citibank faced the wrath of a hacker on its cash management system,
resulting in illegal transfer of funds from customers account in to the accounts of the hacker,
later identified as Valdimer Levin and his accomplices. After Levin was arrested he was
extradite to the United States. One of the most important issues was jurisdictional issue, the
‘place of origin’ of the cyber crime.

Held: The Court helds that the real- time nature of the communication link between
Levin and Citibank computer meant that Levin’s keystrokes were actually occurring on the
Citibank computer.

Section76. Confiscation:

Any computer, computer system, floppies, compact disks, tape drives or any other
accessories related thereto, in respect of which any provisions of this Act, rules, orders or
regulations made there under has been or is being contravened, shall be liable to confiscation

Provided that where it is established to the satisfaction of the court adjudicating the
confiscation that the person in whose possession, power or control of any such computer,
computer system, floppies, compact disks, tape drives or any other accessories relating
thereto is found is not responsible for the contravention of the provisions of this Act, rules
orders or regulations made there under, the court may, instead of making an order for
confiscation of such computer, computer system, floppies, compact disks, tape drives or any
other accessories related thereto, make such other order authorized by this Act against the
person contravening of the provisions of this Act, rules, orders or regulations made there
under as it may think fit.

Explanation: The aforesaid section highlights that all devices whether computer, computer
system, floppies, compact disks, tape drives or any other storage, communication, input or
output device which helped in the contravention of any provision of this Act, rules, orders, or
regulations made under there under liable to be confiscated.
77. Penalties or confiscation not to interfere with other punishments:

No penalty imposed or confiscation made under this Act shall prevent the imposition
of any other punishment to which the person affected thereby is liable under any other law
for the time being in force.

Explanation: The aforesaid section lays down a mandatory condition, which states the
Penalties or confiscation not to interfere with other punishments to which the person affected
thereby is liable under any other law for the time being in force.

78. Power to investigate offences:

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police

officer not below the rank of Deputy Superintendent of Police shall investigate any offence
under this Act.

Explanation: The police officer not below the rank of Deputy Superintendent of police shall
investigate the offence

Conclusion:

Due to the increase in the digital technology various offences has also increased.
Since new-new technology come everyday, the offences has also increased therefore the IT
Act 2000 need to be amended in order to include those offences which are now not included
in the Act. In India cyber crime is of not of high rate therefore we have time in order to
tighten the cyber laws and include the offences which are now not included in the IT Act
2000.