- It is the primary law in India dealing with cybercrime and electronic commerce.
Summary
- The original Act contained 94 sections, divided in 19 chapters and 4 schedules.
- The laws apply to the whole of India. Persons of other nationalities can also be indicted under the law, if the crime involves a computer or network located in India.
- The Act provides legal framework for electronic governance by giving recognition to electronic records and digital signatures.
- The formations of Controller of Certifying Authorities was directed by the Act, to regulation issuing of digital signatures.
- It also defined cyber crimes and prescribed penalties for them. It also established a Cyber Appellate Tribunal to resolve disputes rising from this new law.
- The Act also amended various sections of Indian Penal Code, 1860, Indian Evidence Act, 1872, Banker's Book Evidence Act, 1891, and Reserve Bank of India Act, 1934 to make them compliant with new technologies.
Amendments
- A major amendment was made in 2008. It introduced the Section 66A which penalised sending of "offensive messages".
- It also introduced the Section 69, which gave authorities the power of "interception or monitoring or decryption of any information through any computer resource".
- It also introduced penalties for child porn, cyber terrorism andvoyeurism.
Section 66A and restriction of free speech
From its establishment as an amendment to the original act in 2008, Section 66A attracted controversy over its unconstitutional nature:
| Section | Offence | Description | Penalty |
|---|---|---|---|
| 66A | Publishing offensive, false or threatening information | 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. | Imprisonment up to three years, with fine. |