Cyber Crime lawyer in Delhi / india
The IT Act, 2000 has been passed to give effect to the UN resolution and to promote efficient delivery of Government services by means of reliable electronic records. As per preamble to the Act, the purpose of Act is:
(a) to provide legal recognition for transactions carried out by means of electronic data interchange 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 and
(b) to facilitate electronic filing of documents with the Government agencies.
Cyber Appellate Tribunal, New Delhi
The Cyber Appellate Tribunal has been established under the Information Technology Act, 2000 by the Central Government in accordance with the provisions contained under Section 48(1) of the Information Technology Act, 2000. At present the Tribunal is functioning:
Cyber Appellate Tribunal,
Department of Electronics & Information Technology,
Ministry of Communications & Information Technology,
Jeevan Bharti (L.I.C.) Building, Ground Floor,
Outer Circle, Connaught Place,
New Delhi – 110001
We deal with with many cases related to cybercrime and has appeared several times before the said tribunal. In Delhi every district has criminal court specially designated to hear cases related to cybercrime. Mr. Singh is one of the best cybercrime lawyer in Delhi.
Criminal offences under IT Act/ Jurisdiction of criminal courts:
66C. Punishment for identity theft.–Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
66D. Punishment for cheating by personation by using computer resource.–Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.
66E. Punishment for violation of privacy.–Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
Explanation.–For the purposes of this section–
(a) ―transmit‖ means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b) ―capture‖, with respect to an image, means to videotape, photograph, film or record by any means;
(c) ―private area‖ means the naked or undergarment clad genitals, public area, buttocks or female breast:
(d) ―publishes‖ means reproduction in the printed or electronic form and making it available for public;
(e) ―under circumstances violating privacy‖ means circumstances in which a person can have a reasonable expectation that–
(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.
66F. Punishment for cyber terrorism.–(1) Whoever,–
(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–
(i) denying or cause the denial of access to any person authorised to access computer resource; or
(ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or
(iii) introducing or causing to introduce any computer contaminant, and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70; or
(B) knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer data base that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer data base, with reasons to believe that such information, data or computer data base so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.
(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life
Pornography, an offence in India:
Cyber pornography is banned in many countries. But in India, under the Information Technology Act, 2000, this is a grey area of the law, where it is neither expressly prohibited nor legalized. In Short, browsing or downloading Child pornography online is a punishable offence under the Information Technology Act. The creation of child pornography is also punishable under the Act. The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.
67. Punishment for publishing or transmitting obscene material in electronic form.–Whoever publishes or transmits or causes to be published or transmitted 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 circumstances, 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 three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Publication- which would include uploading on a website, whats app group or any other digital portal where third parties can have access to such content.
Transmission- this includes sending obscene photos or images to any person via email, messaging, whats app or any other form of digital media.
Causing to be published or transmitted- this is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure their portal is not being misused.
Section 67A of the Information Technology Act makes publication, transmission and causing to be transmitted and published in electronic form any material containing sexually explicit act or conduct , punishable with imprisonment upto 5 years and fine upto 10 lakhs.
Thus, upon plain reading of the above said provisions of law, it is very clear that viewing Cyber pornography is legal in India. Merely downloading and viewing such content does not amount to an offence. Publication of pornographic content online is illegal. Storing Cyber pornographic content is not an offence. Transmitting cyber pornography via instant messaging, emails or any other mode of digital transmission is an offence.
The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.
(a) to provide legal recognition for transactions carried out by means of electronic data interchange 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 and
(b) to facilitate electronic filing of documents with the Government agencies.
Cyber Appellate Tribunal, New Delhi
The Cyber Appellate Tribunal has been established under the Information Technology Act, 2000 by the Central Government in accordance with the provisions contained under Section 48(1) of the Information Technology Act, 2000. At present the Tribunal is functioning:
Cyber Appellate Tribunal,
Department of Electronics & Information Technology,
Ministry of Communications & Information Technology,
Jeevan Bharti (L.I.C.) Building, Ground Floor,
Outer Circle, Connaught Place,
New Delhi – 110001
We deal with with many cases related to cybercrime and has appeared several times before the said tribunal. In Delhi every district has criminal court specially designated to hear cases related to cybercrime. Mr. Singh is one of the best cybercrime lawyer in Delhi.
Criminal offences under IT Act/ Jurisdiction of criminal courts:
66C. Punishment for identity theft.–Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
66D. Punishment for cheating by personation by using computer resource.–Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.
66E. Punishment for violation of privacy.–Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
Explanation.–For the purposes of this section–
(a) ―transmit‖ means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b) ―capture‖, with respect to an image, means to videotape, photograph, film or record by any means;
(c) ―private area‖ means the naked or undergarment clad genitals, public area, buttocks or female breast:
(d) ―publishes‖ means reproduction in the printed or electronic form and making it available for public;
(e) ―under circumstances violating privacy‖ means circumstances in which a person can have a reasonable expectation that–
(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.
66F. Punishment for cyber terrorism.–(1) Whoever,–
(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–
(i) denying or cause the denial of access to any person authorised to access computer resource; or
(ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or
(iii) introducing or causing to introduce any computer contaminant, and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70; or
(B) knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer data base that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer data base, with reasons to believe that such information, data or computer data base so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.
(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life
Pornography, an offence in India:
Cyber pornography is banned in many countries. But in India, under the Information Technology Act, 2000, this is a grey area of the law, where it is neither expressly prohibited nor legalized. In Short, browsing or downloading Child pornography online is a punishable offence under the Information Technology Act. The creation of child pornography is also punishable under the Act. The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.
67. Punishment for publishing or transmitting obscene material in electronic form.–Whoever publishes or transmits or causes to be published or transmitted 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 circumstances, 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 three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Publication- which would include uploading on a website, whats app group or any other digital portal where third parties can have access to such content.
Transmission- this includes sending obscene photos or images to any person via email, messaging, whats app or any other form of digital media.
Causing to be published or transmitted- this is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure their portal is not being misused.
Section 67A of the Information Technology Act makes publication, transmission and causing to be transmitted and published in electronic form any material containing sexually explicit act or conduct , punishable with imprisonment upto 5 years and fine upto 10 lakhs.
Thus, upon plain reading of the above said provisions of law, it is very clear that viewing Cyber pornography is legal in India. Merely downloading and viewing such content does not amount to an offence. Publication of pornographic content online is illegal. Storing Cyber pornographic content is not an offence. Transmitting cyber pornography via instant messaging, emails or any other mode of digital transmission is an offence.
The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.