IT Laws

The Information Technology Act, 2000 (IT Act) is a comprehensive legislation in India that deals with various aspects of electronic governance, digital signatures, cybercrime, and the regulation of electronic communication. The act provides legal recognition to electronic records, digital signatures, and electronic transactions, ensuring their validity and enforceability. The IT Rules include several regulations framed…

The Information Technology Act, 2000 (IT Act) is a comprehensive legislation in India that deals with various aspects of electronic governance, digital signatures, cybercrime, and the regulation of electronic communication. The act provides legal recognition to electronic records, digital signatures, and electronic transactions, ensuring their validity and enforceability.

The IT Rules include several regulations framed under the IT Act to provide specific guidelines and procedures for various aspects of information technology and its usage. Some of the important IT Rules are:

The Information Technology Rules, 2011: These rules specify the procedures and safeguards for various electronic transactions, including the authentication of electronic records, regulation of digital signatures, and security practices for handling sensitive personal data.

Information Technology (Intermediaries Guidelines) Rules, 2011: These rules outline the obligations and liabilities of intermediaries, such as internet service providers, social media platforms, and e-commerce websites. The rules require intermediaries to follow certain due diligence practices and take down unlawful content.

Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: These rules establish standards for the collection, storage, handling, and transfer of sensitive personal data or information. Organizations are required to implement reasonable security practices to protect personal data and inform individuals about the purpose and usage of their data.

Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009: These rules provide the framework for blocking access to certain websites or content that is deemed objectionable or against the public interest. It outlines the procedures to be followed by the designated authorities for blocking such information.

Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009: These rules govern the interception, monitoring, and decryption of information by government agencies under specific circumstances, ensuring that privacy and due process rights are upheld.

Information Technology (Guidelines for Cyber Cafe) Rules, 2011: These rules prescribe guidelines for the operation of cyber cafes, including the maintenance of records, verification of users, and monitoring of activities to prevent misuse of computers and internet facilities.

Information Technology (Electronic Service Delivery) Rules, 2011: These rules promote the use of electronic means for the delivery of government services to citizens. It lays down the framework for the acceptance of electronic records and digital signatures by government agencies.

Apart from the IT Act and Rules, several court judgments have interpreted and applied the provisions of the Act. Some notable judgments related to the IT Act include:

IT RULES

  • Information Technology (Qualification And Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003
  • Information Technology (The Indian Computer Emergency Response Team And Manner of Performing Functions And Duties) Rules, 2013

Judgments

Section 2: Definitions – Computer, Computer Network, etc

  • K. Ramajayam v. The Inspector Of Police: This case dealt with the legality of electronic evidence and emphasized the importance of following proper procedures for collecting and preserving electronic evidence.
  • Syed Asifuddin And Ors. vs The State Of Andhra Pradesh [2005 CriLJ 4314] — This case involved the unauthorized access of a computer system and highlighted the offences related to tampering with computer source documents.
  • Diebold Systems Pvt. Ltd. vs The Commissioner Of Commercial Tax [2006 144 STC 59 Kar]

Section 65: Tampering with Computer Source Document

  • Syed Asifuddin And Ors. vs The State Of Andhra Pradesh [2005 CriLJ 4314]
  • Bhim Sen Garg vs State Of Rajasthan and Others. on 13 June 2006 [2006 CriLJ 3643]

Section 66: Computer Related Offences

  • Shankar vs State Rep. [2010]  — This case dealt with computer-related offenses, including hacking and unauthorized access to a protected system.

Section 67: Punishment for publishing or transmitting obscene material in electronic form

  • Avnish Bajaj vs State, famously known as Bazee.com case (2005) — This case involved the liability of an intermediary in relation to the publication and transmission of obscene material through an online platform.
  • Sharat Babu Digumarti vs State, Govt. of NCT of Delhi (Bazee.com Case, Appeal)
  • Dr. L. Prakash vs State Of Tamil Nadu (2002)
  • Mohammed vs State on (2010)
  • Sreekanth C.Nair vs Licensee/Developer (2008) [Blocking of Website]

Others

  • A. Shankar vs State Rep. [2010] The petitioner had secured access unauthorisedly to the protected system of the Legal Advisor.
  • Firos vs State Of Kerala (2006)
  • Google India Pvt Ltd VS. Visaka Industries Limited (2009)
  • Gaussian Network Pvt. Ltd V Monica Lakhanpal & Another (2012)
  • Vyakti Vikas Kendra & other vs Jitender Bagga & Google (2012)
  • Banyan Tree Holding (P) Limited vs A. Murali Krishna Reddy & Anr (2009)
  • United States Supreme Court in the matter of CALDER v. JONES, (1984)
  • Anvar P.V vs P.K. Basheer & Others
  • Harpal Singh V. State of Punjab (2016)
  • K. Ramajayam V. The Inspector Of Police
  • Sreekanth C.Nair vs Licensee/Developer (2008) [Blocking of Website]
  • Infosys Technologies Limited vs Akhil Gupta (2005)
  • Yahoo! Inc. vs Akash Arora (1999)
  • Satyam Infoway Ltd vs Siffynet Solutions Pvt. Ltd (2004)
  • Eterno Infotech Pvt Ltd V. Zheng Wei (Domain: HuntNews.in by Arbitrator Ankur Raheja)
  • Adobe Systems Inc. vs Sachin Naik (Delhi High Court – 2013)

Recover losses and hold perpetrators accountable for hacking, online fraud, and other cybercrimes.