CYBER LAWS

Information Technology Law & Digital Jurisprudence

IT Act 2000 • IPC Provisions • Case Laws • Constitutional Framework

 TABLE OF CONTENTS

01 Introduction to Cyber Law & IT Act 2000 05 Landmark Case Laws

02 Key Offences & Penalties under IT Act 06 Constitutional & Privacy Dimensions

03 Cyber Crimes: Definitions & Categories 07 Data Protection & DPDP Act 2023

04 IPC Provisions & Cyber Crimes 08 Jurisdiction & International Aspects

Information Technology Act, 2000

KEY FACTS OBJECTIVES

Enacted: June 9, 2000 • Grant legal recognition to electronic records & digital
signatures
Amended: IT (Amendment) Act 2008 • Facilitate e-governance and e-commerce transactions
• Define offences and prescribe penalties for cyber crimes
Based on: UNCITRAL Model Law 1996 • Establish Cyber Appellate Tribunal (CAT)
• Amend Indian Penal Code, Indian Evidence Act &
Jurisdiction: Extra-territorial (Sec. 1(2))
Bankers' Books Evidence Act
• Provide for extraterritorial jurisdiction over cyber
Authority: Controller of Certifying Authorities
offences
 Key Offences & Penalties – IT Act 2000
Section Offence Penalty

Sec. 43 Damage to Computer System Civil: Compensation (No limit post-2008)

Sec. 65 Tampering with Source Code 3 yrs / ₹2 Lakh or both

Sec. 66 Computer Related Offences (Hacking) 3 yrs / ₹5 Lakh or both

Sec. 66A Offensive Online Messages (Struck Down) Struck down – Shreya Singhal v. UoI

Sec. 66B Receiving Stolen Computer Resources 3 yrs / ₹1 Lakh or both

Sec. 66C Identity Theft 3 yrs / ₹1 Lakh or both

Sec. 66D Cheating by Personation Online 3 yrs / ₹1 Lakh or both

Sec. 66E Violation of Privacy (Images) 3 yrs / ₹2 Lakh or both

Sec. 66F Cyber Terrorism Life Imprisonment

Sec. 67 Publishing Obscene Material Online 1st: 3 yrs / ₹5L; Repeat: 5 yrs / ₹10L

Sec. 67A Sexually Explicit Content Online 5 yrs / ₹10 Lakh or both

Sec. 67B Child Pornography (CSAM) 5 yrs / ₹10 Lakh (1st); 7 yrs (repeat)
 Categories of Cyber Crimes

Against Persons Against Property

• Cyberstalking & Harassment • Hacking / Unauthorized Access (Sec. 66)

• Identity Theft (Sec. 66C) • Phishing & Financial Fraud
• Cyber Defamation • Ransomware Attacks
• Sexting / Morphing • Intellectual Property Theft
• Cyber Grooming of Children • Data Theft (Sec. 43)

Against State Against Society

• Cyber Terrorism (Sec. 66F) • Publishing Obscene Material (Sec. 67)

• Espionage & Data Exfiltration • CSAM – Child Pornography (Sec. 67B)
• Critical Infrastructure Attack • Hate Speech / Communal Posts
• Spreading Disinformation • Spreading Fake News
• Denial of Service (DoS/DDoS) • Online Gambling
 IPC Provisions Applicable to Cyber Crimes

IPC Section Offence Relevance to Cyber Space

Sec. 292 IPC Obscene Material Online transmission of obscene material

Sec. 354C IPC Voyeurism Capturing / disseminating private images of women

Sec. 354D IPC Stalking Cyber stalking – monitoring online activity

Sec. 379 IPC Theft Theft of electronic devices / data storage

Sec. 411 IPC Stolen Property Dishonestly receiving stolen electronic goods

Sec. 419 IPC Cheating by Personation Impersonation online for fraudulent purposes

Sec. 420 IPC Cheating & Fraud Online scams, e-commerce fraud

Sec. 463 IPC Forgery Forgery of digital/electronic documents

Sec. 465 IPC Punishment for Forgery Making false electronic documents

Sec. 500 IPC Defamation Online defamation – social media posts

Sec. 506 IPC Criminal Intimidation Online threats and cyberbullying

Sec. 509 IPC Words to Insult Modesty Sexually offensive messages/emails to women
Landmark Case Laws – I

Shreya Singhal v. Union of India

(2015) 5 SCC 1 — Supreme Court of India
Held: Section 66A of IT Act struck down as unconstitutional for being vague and overbroad, violating Article 19(1)(a) (Freedom of Speech). Distinction drawn
between 'discussion', 'advocacy' and 'incitement'.

★ Most cited cyber law judgment; defines limits of online speech restrictions.

K.S. Puttaswamy v. Union of India

(2017) 10 SCC 1 — 9-Judge Constitution Bench

Held: Right to Privacy is a fundamental right under Article 21. Informational privacy (data protection) recognized. Laid groundwork for DPDP Act 2023.

★ Foundation of digital privacy law in India; impacts data protection framework.

State of Tamil Nadu v. Suhas Katti

2004 — First conviction under IT Act 2000 (Sec. 67)
Held: Accused convicted for posting obscene, defamatory messages about a woman on Yahoo groups. First cyber crime case disposed within 7 days of filing
chargesheet.

★ Demonstrated effectiveness of IT Act; landmark for cyber defamation/obscenity.

Landmark Case Laws – II

Avnish Bajaj v. State (NCT of Delhi)

2005 — Delhi High Court (DPS MMS Scandal)
Held: CEO of [Link] arrested for listing of obscene MMS clip. Court deliberated on 'intermediary liability'. Led to Sec. 79 safe harbor amendment in
2008. Eventually charges dropped against CEO.

★ Shaped intermediary liability law; foundation of 'safe harbor' under Sec. 79.

Syed Asifuddin v. State of Andhra Pradesh

2005 — Andhra Pradesh High Court
Held: CDMA handset altered to work on competitor's network constituted offence under Sec. 65 (source code tampering). Phone held to be a 'computer'
under IT Act definition.

★ Expanded definition of 'computer'; source code protection under cyber law.

Christian Louboutin SAS v. Nakul Bajaj

(2018) 253 DLT 728 — Delhi High Court
Held: E-commerce platforms cannot claim Sec. 79 safe harbor if they play active role in listing, pricing, or promoting goods. Distinction between 'active' and
'passive' intermediaries established.

★ Critical for e-commerce law; limits of intermediary liability protection.

Landmark Case Laws – III

Amar Singh v. Union of India

(2011) 7 SCC 69 — Supreme Court
Held: Illegal phone tapping violates right to privacy. Tapping can only be done under Sec. 5(2) of Indian Telegraph Act on grounds of sovereignty or public
order. Telephone conversation is a matter of privacy under Art. 21.

★ Regulates electronic surveillance; intersection of privacy and cyber surveillance.

India TV Independent News v. India Broadcast

2003 — Delhi High Court (First Cyber Crime FIR)
Held: Use of domain name identical to competitor's brand amounts to passing off. Domain names treated as 'trademarks' in cyberspace. Principles of
traditional trademark law extended online.

★ Established domain name as intellectual property in Indian cyber law.

Vinod Kaushik v. Madhvika Joshi

2011 — Cyber Appellate Tribunal (CAT)

Held: Accessing spouse's email without permission violates Sec. 43 and Sec. 66 IT Act. Even within family, unauthorized access to email account is an offence.

★ Personal data protection; email privacy recognized in matrimonial context.

 Constitutional & Privacy Dimensions
Fundamental Rights & Cyber Space

Art. 19(1)(a) Freedom of Speech & Expression Regulates online speech, social media content

Art. 21 Right to Life & Personal Liberty Privacy, dignity in digital space

Art. 21A Right to Education Digital literacy, access to internet

Art. 14 Right to Equality Non-discriminatory digital access

Art. 300A Right to Property Protection of intellectual property online

Reasonable Restrictions on Online Speech (Art. 19(2))

Sovereignty & Integrity of India | Security of the State | Friendly Relations with Foreign States

Public Order | Decency or Morality | Contempt of Court | Defamation | Incitement to an Offence

Test: Shreya Singhal — Only 'incitement' (not mere 'advocacy') justifies online speech restriction
 Digital Personal Data Protection Act, 2023

Key Definitions Consent Requirements Rights of Data Principal

Data Principal (individual), Data Fiduciary (entity Free, informed, specific consent mandatory. Right to Access • Right to Correction & Erasure •
processing data), Consent Manager, Significant Right to withdraw consent at any time. Consent Right to Grievance Redressal • Right to
Data Fiduciary (SDF) notices must be in simple language. Nominate

Data Protection Board Cross-Border Transfer Exemptions

Statutory adjudicatory body. Penalty up to ₹250 Transfer to 'trusted countries' notified by Central National security, prevention of offences,
Crore for breach. Appellate mechanism to High Govt. Some countries may be research purposes, journalistic/academic
Court. restricted/blacklisted. activities. State processing for welfare schemes
exempted.

★ DPDP Act 2023 replaced earlier proposed PDP Bill 2019. Rules yet to be notified. Builds on Puttaswamy judgment.
 Jurisdiction & Adjudicatory Framework

Jurisdiction under IT Act 2000 (Sec. 1(2) & Sec. 75)

▸ Sec. 1(2): Act extends to whole of India and ALSO applies to offences committed outside India by any person.

▸ Sec. 75: Act applies to offences involving a computer, computer system or network located in India (extra-territorial jurisdiction).

▸ India follows 'Territoriality + Effects' doctrine: even if offender abroad, if effects felt in India, Indian courts have jurisdiction.

▸ Key principle: Server location is not determinative – target/victim location in India suffices.

Adjudicatory Framework

Adjudicating Officer Sec. 46 — Civil disputes up to ₹5 Crore; compensation claims

Cyber Appellate Tribunal Sec. 48 — Appeal from Adjudicating Officer; equivalent to Civil Court

High Court Appeal from CAT; writ jurisdiction for fundamental rights violations

Supreme Court Final appellate authority; Art. 32 petitions on cyber law matters

Special Courts (POCSO) CSAM (Sec. 67B) offences tried in POCSO courts as well
 Quick Revision –

Top 5 Sections Top 5 Cases Key Concepts

Sec. 43 — Damage/Compensation Shreya Singhal (2015) — 66A Safe Harbor (Sec. 79)

Sec. 66 — Hacking Offence Puttaswamy (2017) — Privacy Intermediary Liability

Sec. 66A — STRUCK DOWN Suhas Katti (2004) — First conviction Digital Signature (Sec. 5)

Sec. 66F — Cyber Terrorism Avnish Bajaj (2005) — Sec. 79 CERT-In (Sec. 70B)

Sec. 67 — Obscenity Online Vinod Kaushik (2011) — CAT Cyber Appellate Tribunal

💡 Tip: Always link case to section. E.g., Shreya Singhal → Sec. 66A struck down → Art. 19(1)(a) violation
 Best Wishes for

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