Cyber Law

Private key is kept on the owner's system and is never transmitted publicly. The senders of an electronic document use their private key to encrypt that document. This is the digital signature.

Any subscriber may authenticate an electronic record by affixing his digital signature.

The Information Technology Act, 2000 does not apply to any contract for the sale or conveyance of immovable property or any interest in such property.

Under the IT Act, "computer" means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic and memory functions by manipulation of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to a computer system or a computer network.

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 Controller of Certifying Authorities is appointed by the Central Government.

Every Certifying Authority shall make use of hardware, software and procedures that secure them from intrusion and misuse, adhere to security procedures to ensure that the secrecy and privacy of the digital signatures are assured and shall be the repository of all Electronic Signature Certificates issued under the IT Act.

The Controller may perform all or any of the following functions:
(a) Exercising supervision over the activities of the Certifying Authorities
(b) Certifying public keys of the Certifying Authorities
(c) Specifying the manner in which the Certifying Authorities shall conduct their dealings with the subscribers
(d) Resolving any conflict of interests between the Certifying Authorities and the subscribers
(e) Laying down the duties of the Certifying Authorities, etc.
 

For damage to computer, computer system etc. under Section 43 of the IT Act, the convict shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected.

Section 47 of the Information Technology Act states that while adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors:
(a) The amount of gain of unfair advantage, wherever quantifiable, made as a result of the default
(b) The amount of loss caused to any person as a result of the default
(c) The repetitive nature of the default

Cyber Appellate Tribunal has been established under the Information Technology Act under the aegis of the Controller of Certifying Authorities (C.C.A.). 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 (C.R.A.T.), started functioning from October 2006.

Cyber Appellate Tribunal exercises its appellate jurisdiction on both facts and law.

Any person aggrieved by an order made by the controller or by an adjudicating officer appointed under the Information Technology Act, 2000 can prefer an appeal before the Tribunal within 45 days of receiving a copy of the order of the controller or the adjudicating officer.

Section 66A of the Information Technology Act deals with the punishment for sending offensive messages through communication service.

Indian Computer Emergency Response Team (CERT-In) is a government organisation under Ministry of Communications and Information Technology. It is a nodal agency that deals with cyber security threats like hacking and phishing. It strengthens security-related defence of the Indian internet domain.

Section 65 of the IT Act, 2000 makes punishable tampering with computer source documents. It states that whoever intentionally conceals, destroys or alters any computer source code used for a computer, computer programme, computer system or computer network shall be punishable with an imprisonment of up to three years, or with a fine which may extend up to two lakh rupees, or both.