But the Court turned down a plea to strike down sections 69A and 79 of the Act, which deal with the procedure and safeguards for blocking certain websites. The Information Technology Act, 2000 dealt with Computer related crimes in it’s Chapter – XI Offences (65-78) and for the same time Information Technology Act, 2000 amended the Indian Penal Code to cover the cyber crimes expressly. Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine. She argued that the Section 66A was vaguely phrased, as result it violated Article 14, 19 (1)(a) and Article 21 of the Constitution. A cyber terrorist is one who threatens a government or organization. The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. Imprisonment up to three years, with fine. As discussed many acts of cyber terrorism are often synonymous with acts of cyber crime. 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. IT Act Amendments and Cyber Terrorism The amendments proposed to IT Act 2000 in the form of IT Act amendment Bill 2006 (ITAA 2006) have been under consideration since mid 2005. In February 2017, M/s Voucha Gram India Pvt. Mission and Vision Cybersecurity Program Mission [41], On 2 April 2015, the Chief Minister of Maharashtra, Devendra Fadnavis revealed to the state assembly that a new law was being framed to replace the repealed Section 66A. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law, . Imprisonment up to five years, or/and with fine up to. He was supported by D. Bandyopadhyay, Gyan Prakash Pilania, Basavaraj Patil Sedam, Narendra Kumar Kashyap, Rama Chandra Khuntia and Baishnab Charan Parida. How they played", "Amended IT Act to prevent cyber crime comes into effect", "The Information Technology (Amendment) Act, 2008", "Chapter 11: Offences Archives - Information Technology Act", "Four Hackers Arrested in Delhi, Cyber Crime, Gift Vouchers, Hacking, Section 65 / 66 of IT Act, Gyftr", "Indian cartoonist Aseem Trivedi jailed after arrest on sedition charges". 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. Securing access or attempting to secure access to a protected system. Cyber Crime is not defined in Information Technology Act 2000 nor in the I.T. It introduced Section 66A which penalized sending "offensive messages". Here's what the Indian Information Technology Act says", "Centre working on new law similar to Section 66A: Devendra Fadnavis", "Section 66A of the IT Act likely to be back in softer avatar", "New panel to work on Section 66A alternative", "Former IT minister Milind Deora: Why we need a new Section 66A", "New Indian Internet Intermediary Regulations Pose Serious Threats to Net Users' Freedom of Expression", "Information Technology Act, 2000 with 2008 amendments", Real Estate (Regulation and Development) Act, 2016, Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Benami Transactions (Prohibition) Act, 1988, Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, Mines and Minerals (Development and Regulation) Act, Cigarettes and Other Tobacco Products Act, Commission of Sati (Prevention) Act, 1987, Juvenile Justice (Care and Protection of Children) Act, 2015, Protection of Women from Domestic Violence Act, 2005, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Indian Institutes of Management Act, 2017, National Institutes of Technology Act, 2007, Right of Children to Free and Compulsory Education Act, 2009, Air (Prevention and Control of Pollution) Act, Compensatory Afforestation Fund Act, 2016, Protection of Plant Varieties and Farmers' Rights Act, 2001, Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Fiscal Responsibility and Budget Management Act, 2003, Foreign Contribution (Regulation) Act, 2010, Geographical Indications of Goods (Registration and Protection) Act, 1999, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, The High Denomination Bank Notes (Demonetisation) Act, 1978, Urban Land (Ceiling and Regulation) Act, 1976, Clinical Establishments (Registration and Regulation) Act, 2010, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Narcotic Drugs and Psychotropic Substances Act, 1985, Transplantation of Human Organs and Tissues Act, 1994, Bonded Labor System (Abolition) Act, 1976, National Rural Employment Guarantee Act, 2005, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Unorganised Workers' Social Security Act 2008, Hindu Adoptions and Maintenance Act, 1956, The Hindu Succession (Amendment) Act, 2005, Dissolution of Muslim Marriages Act, 1939, The Muslim Women (Protection of Rights on Divorce) Act 1986, The Muslim Women (Protection of Rights on Marriage) Act, 2019, The Prohibition of Child Marriage Act, 2006, Rights of Persons with Disabilities Act, 2016, Child Labour (Prohibition and Regulation) Act, Indecent Representation of Women (Prohibition) Act, Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, Transgender Persons (Protection of Rights) Act, 2019, Bombay Prohibition (Gujarat Amendment) Act, 2009, Karnataka Control of Organised Crimes Act, Maharashtra Control of Organised Crime Act, Nagaland Liquor Total Prohibition Act, 1989, The Gujarat Local Authorities Laws (Amendment) Act, 2009, Puducherry Prevention of Anti-Social Activities Act, Jammu and Kashmir Public Safety Act, 1978, Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020, Prohibition of Unlawful Religious Conversion Ordinance, 2020, North-Eastern Areas (Reorganisation) Act, 1971, Jammu and Kashmir Reorganisation Act, 2019, Micro, Small and Medium Enterprises Development Act, 2006, Panchayats (Extension to Scheduled Areas) Act, 1996, The Limited Liability Partnership Act, 2008, Repealing and Amending (Second) Act, 2015, Repealing and Amending (Second) Act, 2017, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, State Emblem of India (Prohibition of Improper Use) Act, 2005, Prevention of Seditious Meetings Act, 1907, Illegal Migrants (Determination by Tribunal) Act, 1983, Juvenile Justice (Care and Protection of Children) Act, 2000, Terrorist and Disruptive Activities (Prevention) Act, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Information Technology Intermediary Guidelines Amendment Bill, https://en.wikipedia.org/w/index.php?title=Information_Technology_Act,_2000&oldid=996004967, All Wikipedia articles written in Indian English, Pages using collapsible list with both background and text-align in titlestyle, Pages using a deprecated parameter in the legislation infobox, All articles with links needing disambiguation, Articles with links needing disambiguation from December 2020, Creative Commons Attribution-ShareAlike License. Section 66F: Punishment for cyber terrorism. Section 69A of IT Act has the answer", "Government of India blocks 43 mobile apps from accessing by users in India", "Indian government bans 43 apps: Here's the list", "Section 66A of IT Act undemocratic: RS MPs", "After Mumbai FB case, writ filed in Lucknow to declare section 66A, IT Act 2000 as ultra-vires", "SC accepts PIL challenging Section 66A of IT Act", "Shreya Singhal: The student who took on India's internet laws", "SC seeks govt reply on PIL challenging powers of IT Act", "SC strikes down 'draconian' Section 66A", "SC quashes Section 66A of IT Act: Key points of court verdict", "India data privacy rules may be too strict for some U.S. companies", "All computers can now be monitored by govt. The amendment was passed on 22 December 2008 without any debate in Lok Sabha. Imprisonment up to seven years, or/and with fine up to. [43][44] Former Minister of State with the Ministry of Information Technology, Milind Deora has supported a new "unambiguous section to replace 66A".[45]. Cyber terrorism is included in the UK Terrorism Act 2000, and other UK counter terrorism legislation and strategies have extended the scope. (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by—. By adopting this Cyber Legislation, India became the 12th nation in the world to adopt a Cyber Law regime. The court said that Section 66A of IT Act 2000 is "arbitrarily, excessively and disproportionately invades the right of free speech" provided under Article 19(1) of the Constitution of India. [39][40] The Internet Freedom Foundation has criticized the ban for not following the required protocols and thus lacking transparency and disclosure. The bill was finalised by a group of officials headed by then Minister of Information Technology Pramod Mahajan. If a person denies access to an authorised personnel to a computer resource, accesses a protected system or introduces contaminants into a system, with the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyberterrorism. For example under Sections 22, 23, 33, 44, 96, 97, 268, 378, 425 of Indian Penal Code, 1860. However, some companies have welcomed the strict rules, saying it will remove fears of outsourcing to Indian companies. A person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen. (8)The IT Act talks of Adjudicating Officers who shall adjudicate whether any person has committed a contravention of any provisions of this Act of any rules, regulations, directions or order made there under. agencies", "A spy state? They said that the section was vague and frequently misused. The court said that Section 66A of IT Act 2000 is "arbitrarily, excessively and disproportionately invades the right of free speech" provided under Article 19(1) of the Constitution of India. Section 66F: Punishment for cyber terrorism. Imprisonment up to ten years, or/and with fine. To refuse decryption is an offence. Section 43A of the Information Technology Act, 2000: Let’s say that a body corporate which possesses, deals or handles any sensitive personal data or information in a computer resource which it owns, controls or operates, is certainly negligent in implementing and maintaining reasonable security practices and procedures leading to a wrongful loss or gain to a person. 1[66-F. The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. THE INFORMATION TECHNOLOGY ACT, 2000 ACT NO. by order in writing, authorise the persons who are authorised to access protected systems. The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 May 2000. 4.3 Areas of Cyber Terrorism. Or, write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. [33][34], The data privacy rules introduced in the Act in 2011 have been described as too strict by some Indian and US firms. [27], Also in November 2012, a Delhi-based law student, Shreya Singhal, filed a Public Interest Litigation (PIL) in the Supreme Court of India. [37][38], The bans on Chinese apps based on Section 69A has been criticized for possibly being in conflict with Article 19(1)(a) of the Constitution of India ensuring freedom of speech and expression to all, as well as possibly in conflict with WTO agreements. To discuss such possibilities, please write to Amber Sinha, Executive Director, at amber[at]cis-india[dot]org or Sumandro Chattapadhyay, Director, at sumandro[at]cis-india[dot]org, with an indication of the form and the content of the collaboration you might be interested in. Unless otherwise specified, content licensed under Creative Commons — Attribution 3.0 Unported. In order to keep in stride with the changing generation, the Indian Parliament passed the Information Technology Act 2000 that has been conceptualized on the United Nations Commissions on International Trade Law (UNCITRAL) Model Law. He also said that a similar provision existed under Indian Post Office Act, 2000. who authorised. Cyber crime is not defined in Information Technology Kapil Sibal defended the existing law, law... 3.0 Unported dealing with cybercrime and electronic commerce have welcomed the strict,! Cyberspace, India became the 12th nation in the budget session of [... 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