3.

Communication, acceptance and revocation of proposaIs

The communication of proposals, the acceptance of proposals, and the revocation of proposals and
acceptance, respectively, are deemed to be made by any act or omission of the party proposing,
accepting or revoking, by which he intends to communicated such proposal, acceptance or revocation, or
which has the effect of communicating it.

4. Communication when compIete
The communication of a proposal is complete when it becomes to the knowledge of the person to whom it
is made.
The communication of an acceptance is complete -as against the proposer, when it is put in a course of
transmission to him so at to be out of the power of the acceptor; as against the acceptor, when it comes
to the knowledge of the proposer.
The communication of a revocation is complete -as against the person who makes it, when it is put into a
course of transmission to the person to whom it is made, so as to be out of the power of the person who
makes it; as against the person to whom it is made, when it comes to his knowledge.

Communication of Offer
4 is complete when the offeree has the knowledge of the same.
4 Communication of Acceptance
t has two aspects, viz.,
As against the proposer
As against the acceptor
21. As against the proposer
4 Communication is complete as soon as a duly addressed letter of acceptance is put into the course of
transmission.
4 hether the same reaches the proposer or not.
4 As against the acceptor
4 Communication is complete only when the proposer has received the letter and learnt the contents
thereof.
Communication, acceptance and revocation of proposals.
3.Communication, acceptance and revocation of proposals.-The communication of proposals
the acceptance of proposals, and the revocation of proposals and acceptances, respectively,
are deemed to be made by any act or omission of_ the party proposing, accepting or
revoking by which he intends to communicate such pro- posal acceptance or revocation, or
which., has the effect of communicating it.
4.Communication when complete.
4.Communication when complete.-The, communication of a proposal is complete when it
comes to the knowledge of the person to whom it is made.
The communication of an acceptance is complete,-
as against the proposer, when it is put in a course of transmission to him, so as to be out of
the power of the acceptor;
as against the acceptor, when it comes to the, knowledge, of the proposer.
The communication of a revocation is complete,-
as against the person who makes it, when it is put into a course of transmission to the
person to whom it is made, so as "to be out of the power of the person who makes it;
as against the person. to whom it is made, when it comes. to his knowledge.
Illustrations
(a) A proposes, by letter, to sell a house to B at a certain price.
The communication of the proposal is complete when B receives the letter.
21.(b) B accepts As proposal by a letter sent by post.
The communication of the acceptance is complete,
as against A when the letter is posted
as against B, when the letter is received by.A.
(c) A revokes his proposal by telegram.
The revocation is complete as against A when the telegram is despatched. It is complete as
against B when B receives it.
B revokes his acceptance by telegram. Bs revocation is complete as against B when the
telegram is despatched, and as against A when it reaches him.
5.Revocation of proposals and acceptances.
5.Revocation of proposals and acceptances.-A proposal may be revoked at any time before
the communication of its acceptance is complete as against the proposer, but not
afterwards.
An acceptance may be revoked at any time before the communication of the acceptance is
complete as against the acceptor, but not afterwards.
Illustrations
A proposes, by a letter sent by post, to sell his house to B. B
accepts the proposal by a letter sent by post.
A may revoke his proposal at any time before or at the moment when B posts his letter of
acceptance, but not afterwards.
B may revoke his acceptance at any time before or at the moment when the letter
communicating it reaches A, but not afterwards.

Communication, acceptance and revocation of proposals.
3.Communication, acceptance and revocation of proposals.-The communication of proposals
the acceptance of proposals, and the revocation of proposals and acceptances, respectively,
are deemed to be made by any act or omission of_ the party proposing, accepting or
revoking by which he intends to communicate such pro- posal acceptance or revocation, or
which., has the effect of communicating it.
4.Communication when complete.
4.Communication when complete.-The, communication of a proposal is complete when it
comes to the knowledge of the person to whom it is made.
The communication of an acceptance is complete,-
as against the proposer, when it is put in a course of transmission to him, so as to be out of
the power of the acceptor;
as against the acceptor, when it comes to the, knowledge, of the proposer.
The communication of a revocation is complete,-
as against the person who makes it, when it is put into a course of transmission to the
person to whom it is made, so as "to be out of the power of the person who makes it;
as against the person. to whom it is made, when it comes. to his knowledge.
Illustrations
(a) A proposes, by letter, to sell a house to B at a certain price.
The communication of the proposal is complete when B receives the letter.
21.(b) B accepts As proposal by a letter sent by post.
The communication of the acceptance is complete,
as against A when the letter is posted
as against B, when the letter is received by.A.
(c) A revokes his proposal by telegram.
The revocation is complete as against A when the telegram is despatched. It is complete as
against B when B receives it.
B revokes his acceptance by telegram. Bs revocation is complete as against B when the
telegram is despatched, and as against A when it reaches him.
5.Revocation of proposals and acceptances.
5.Revocation of proposals and acceptances.-A proposal may be revoked at any time before
the communication of its acceptance is complete as against the proposer, but not
afterwards.
An acceptance may be revoked at any time before the communication of the acceptance is
complete as against the acceptor, but not afterwards.
Illustrations
A proposes, by a letter sent by post, to sell his house to B. B
accepts the proposal by a letter sent by post.
A may revoke his proposal at any time before or at the moment when B posts his letter of
acceptance, but not afterwards.
B may revoke his acceptance at any time before or at the moment when the letter
communicating it reaches A, but not afterwards.
lrposs|o|||ly ol Perlorrarce ol a corlracl
oy ' 3 RAVA RA0 on V/R0l ', 2009
we rave seer aoove urder 'vo|d agreererls' lral ar agreererl lo do ar acl |rposs|o|e |r |lse|l |s vo|d. wrer lre perlorrarce
ol a corlracl oecores suosequerl|y |rposs|o|e, lre corlracl oecores vo|d.
wrer a corlracl Was capao|e ol oe|rg perlorred al lre l|re |l Was erlered |rlo oul suosequerl|y |ls perlorrarce oecores
|rposs|o|e, |l |s ca||ed superver|rg |rposs|o|||ly. lrposs|o|||ly ray ex|sl al lre l|re ol lorral|or ol lre corlracl or ar|se
suosequerl lo lre lorral|or ol lre corlracl. lr oolr lre cases, lre corlracl |s d|scrarged due lo |rposs|o|||ly ol |ls perlorrarce,
lor |aW does rol recogr|ze Wral |s |rposs|o|e. lrposs|o|||ly creales ro oo||gal|or.
lrposs|o|||ly rusl oe prys|ca| or |ega| |rposs|o|||ly ard rol |rposs|o|||ly |r relererce lo ao|||ly or c|rcurslarces. Correrc|a|
|rposs|o|||ly |.e. exlrere or urloreseer cosl or d|ll|cu|ly ol perlorrarce |s ro excuse. lr lre aoserce ol ary capac|ly lo perlorr
corlracl, parl|es are rol aoso|ved lror lre|r oo||gal|or lo carry oul lre corlracl.
Tre Word |rposs|o|e ras rol oeer used |r lre serse ol prys|ca| or ||lera| |rposs|o|||ly. Tre perlorrarce ol ar acl ray oe
||lera||y |rposs|o|e oul |l ray oe |rpracl|cao|e ard use|ess lror lre po|rl ol v|eW ol lre oojecl ard purpose Wr|cr lre parl|es rad
|r v|eW, ard |l ar urloWard everl or crarge ol c|rcurslarces lola||y upsels lre very lourdal|or upor Wr|cr lre parl|es resled
lre|r oarga|r, |l car very We|| oe sa|d lral lre pror|sor l|rds |l |rposs|o|e lo do lre acl Wr|cr re pror|sed lo do. lrposs|o|||ly ard
lruslral|or are oller used as |rlercrargeao|e express|ors. Tre doclr|re ol lruslral|or |s rea||y ar aspecl or parl ol lre |aW ol
d|scrarge ol corlracl oy reasor ol superver|rg |rposs|o|||ly or |||ega||ly ol lre acl agreed lo oe dore ard rerce cores W|lr|r lre
purv|eW ol secl|or.
Everls suosequerl lo lruslral|or ol corlracl carrol oe |rvo|ed lo rev|ve lre corlracl so as lo see| spec|l|c perlorrarce lrereol
Cases ol superver|rg |rposs|o|||ly
1. 0eslrucl|or ol lre oojecl recessary lor perlorrarce ol lre corlracl.
2. Crarge ol |aW
3. 0ealr or persora| |rcapac|ly
1. 0ul orea| ol War
5. Nor-ex|slerce ol parl|cu|ar slale ol lr|rgs Wr|cr lorrs lre oas|s ol lre corlracl.
lr a|| lre aoove cases, perlorrarce ol ar oo||gal|or oecores |rposs|o|e ard, lrerelore, lre corlracl |s d|scrarged.
Excepl|ors: 0|ll|cu|ly ol perlorrarce, correrc|a| |rposs|o|||ly, slr||es ard |oc|ouls, c|v|| d|sluroarces, r|ols, la||ure ol ore ol lre
oojecls Wrer corlracl |s erlered |rlo lor severa| oojecls, delau|l or la||ure ol a lr|rd persor or Wrose Word lre pror|sor re||ed,
|rcrease |r lre cosl ol perlorrarce, are rol covered oy lre doclr|re ol superver|rg |rposs|o|||ly, ard lrerelore lre corlracl |s
rol d|scrarged.
ll lre perlorrarce ol corlracl |s rerdered ur|aWlu| e|lrer lor delerr|rale or |rdelerr|rale per|od ol l|re, lre corlracl Wou|d rol
slard d|scrarged ur|ess lre oar or |ls perlorrarce ex|led or lre day or dur|rg lre l|re |r Wr|cr |l ras lo oe perlorred.
8y agreererl or oy corserl: Corlracl car oe lerr|raled or d|scrarged oy rulua| express or |rp||ed agreererl oelWeer lre
parl|es |r ary ol lre lo||oW|rg Ways:
8y Noval|or: (3ec 2) ll lre parl|es lo a corlracl agree lo suosl|lule a reW corlracl lor |l, or lo resc|rd or a|ler |l, lre or|g|ra|
corlracl reed rol oe perlorred.
wrer a reW corlracl |s suosl|luled lor ar ex|sl|rg corlracl, e|lrer oelWeer lre sare parl|es or oelWeer d|llererl parl|es
'roval|or' occurs. For exarp|e, |r case ol lrarsler ol parlrersr|p srare oy a parlrer, as a resu|l ol Wr|cr a reW parlrersr|p |s
corsl|luled ard lre cred|lors agree lo |oo| upor lre reW parlrersr|p l|rr lor lre ||ao|||l|es ol lre o|d lorr, roval|or occurs,
Wrereoy lre ||ao|||l|es ard oo||gal|ors ol lre o|d parlrersr|p lorr are d|scrarged.
Noval|or rears lre W|p|rg oul ol lre or|g|ra| corlracl as We|| as lre creal|rg ol a reW va||d corlracl. ll lre reW agreererl |s
|rva||d |l carrol serve as roval|or, ard lre or|g|ra| corlracl corl|rues ur|ess lre r|grls lrere urder are express|y aoardored.
Trerelore, roval|or ray occur |r lWo Ways:
(1) NeW parly |s suosl|luled lor lre o|d ore
(2) Parl|es ray suosl|lule reW corlracl lor lre o|d ore.
0re ol lre esserl|a| requ|rererls ol 'roval|or' |s lral lrere srou|d oe corp|ele suosl|lul|or ol a reW corlracl |r p|ace ol lre o|d.
A suosl|luled corlracl srou|d resc|rd or |aler or exl|rgu|sr lre prev|ous corlracl. 8ul |l lre lerrs ol lre lWo corlracls are
|rcors|slerl ard lrey carrol slard logelrer, lre suosequerl corlracl carrol oe sa|d lo oe |r suosl|lul|or ol ear||er corlracl.
l||uslral|ors:
(1) A oWes rorey lo 8 urder lre corlracl. ll |s agreed oelWeer A, 8 ard C lral 8 sra|| rercelorlr accepl C as r|s deolor
|rslead ol A. Tre o|d deol ol A lo 8 |s al erd ard a reW deol lror C lo 8 ras oeer corlracled.
(2) A oWes 8 Rs 10,000. A erlers |rlo ar agreererl W|lr 8, ard g|ves 8 a rorlgage ol r|s (A's) eslale lor Rs 5,000 |r p|ace ol
lre deol ol Rs 10,000. Tr|s |s a reW corlracl Wr|cr exl|rgu|sres lre o|d.
(3) A oWes 8 Rs 1,000 urder a corlracl 8 oWes C Rs 1,000. 8 orders A lo cred|l W|lr Rs 1,000 |r r|s ooo|, oul C does rol
asserl lo lre arrargererl. 8 sl||| oWes C Rs 1,000 ard ro reW corlracl ras oeer erlered |rlo.


rore al rllp://WWW.c|lerar.cor/5018-|rposs|o|||ly-ol-perlorrarce-ol-a-corlracl.rlr|#|xzz1d'u2l2c
ischarge by mpossibility:
eath
Natural Calamities
Change in Law & Regulations
Commercial mpossibility (Not an Excuse)
Performance ifficulty (Not an Excuse)
mpossibility due to failure of third person (Not an Excuse


IN1kCDUC1ICN
The term cyber crime` is a misnomer. This term has nowhere been deIined in any statute
/Act passed or enacted by the Indian Parliament. The concept oI cyber crime is not radically
diIIerent Irom the concept oI conventional crime. Both include conduct whether act or
omission, which cause breach oI rules oI law and counterbalanced by the sanction oI the
state.
8efore evaluaLlng Lhe concepL of cyber crlme lL ls obvlous LhaL Lhe concepL of convenLlonal crlme be
dlscussed and Lhe polnLs of slmllarlLy and devlance beLween boLh Lhese forms may be dlscussed
CCnvLn1lCnAL C8lML
ctlme ls o soclol ooJ ecooomlc pbeoomeooo and ls as old as Lhe human socleLy Crlme ls a legal
concepL and has Lhe sancLlon of Lhe law Crlme or an offence ls o leqol wtooq tbot coo be followeJ
by ctlmlool ptoceeJloqs wblcb moy tesolt loto poolsbmeot%% 1he hallmark of crlmlnallLy ls LhaL lL
ls breach of Lhe crlmlnal law er Lord ALkln tbe ctlmlool poollty of oo oct coooot be JlscoveteJ by
tefeteoce to ooy stooJotJ bot ooe ls tbe oct ptoblblteJ wltb peool coosepoeoces%%
A crlme may be sald Lo be any conducL accompanled by acL or omlsslon prohlblLed by law and
consequenLlal breach of whlch ls vlslLed by penal consequences
C?8L8 C8lML
Cyber crlme ls Lhe laLesL and perhaps Lhe mosL compllcaLed problem ln Lhe cyber world Cyber
crlme may be sald Lo be Lhose specles of whlch genus ls Lhe convenLlonal crlme and where elLher
Lhe compuLer ls an ob[ecL or sub[ecL of Lhe conducL consLlLuLlng crlme" (13) Aoy ctlmlool octlvlty
tbot oses o compotet eltbet os oo losttomeotollty totqet ot o meoos fot petpetootloq fottbet ctlmes
comes wltblo tbe omblt of cybet ctlme%%
A generallzed deflnlLlon of cyber crlme may be oolowfol octs wbetelo tbe compotet ls eltbet o tool

ot totqet ot botb%% 1he compuLer may be used as a Lool ln Lhe followlng klnds of acLlvlLy flnanclal
crlmes sale of lllegal arLlcles pornography onllne gambllng lnLellecLual properLy crlme emall
spooflng forgery cyber defamaLlon cyber sLalklng 1he compuLer may however be LargeL for
unlawful acLs ln Lhe followlng cases unauLhorlzed access Lo compuLer/ compuLer sysLem/ compuLer
neLworks LhefL of lnformaLlon conLalned ln Lhe elecLronlc form emall bomblng daLa dldllng salaml
aLLacks loglc bombs 1ro[an aLLacks lnLerneL Llme LhefLs web [acklng LhefL of compuLer sysLem
physlcally damaglng Lhe compuLer sysLem
ulS1lnC1lCn 8L1WLLn CCnvLn1lCnAL Anu C?8L8 C8lML
1here ls apparenLly no dlsLlncLlon beLween cyber and convenLlonal crlme Powever on a deep
lnLrospecLlon we may say LhaL Lhere exlsLs a flne llne of demarcaLlon beLween Lhe convenLlonal and
cyber crlme whlch ls appreclable 1he demarcaLlon lles ln Lhe lnvolvemenL of Lhe medlum ln cases
of cyber crlme 1he sloe poo ooo for cyber crlme ls LhaL Lhere should be an lnvolvemenL aL any
sLage of Lhe vlrLual cyber medlum
REASUNS FUR CYBER CRIME:
ParL ln hls work 1he ConcepL of Law" has sald 'human belngs are vulnerable so rule of law ls
requlred Lo proLecL Lhem' Applylng Lhls Lo Lhe cyberspace we may say LhaL compuLers are
vulnerable so rule of law ls requlred Lo proLecL and safeguard Lhem agalnsL cyber crlme 1he reasons
for Lhe vulnerablllLy of compuLers may be sald Lo be
. Capacity to store data in comparatively small space
1he compuLer has unlque characLerlsLlc of sLorlng daLa ln a very small space 1hls affords Lo
remove or derlve lnformaLlon elLher Lhrough physlcal or vlrLual medlum makes lL much more
easler
2 osy to occess
The problem encountered in guarding a computer system Irom unauthorised access is that there is
every possibility oI breach not due to human error but due to the complex technology. By secretly
implanted logic bomb, key loggers that can steal access codes, advanced voice recorders; retina
imagers etc. that can Iool biometric systems and bypass Iirewalls can be utilized to get past many
a security system.
3.Complex-
The computers work on operating systems and these operating systems in turn are composed oI
millions oI codes. Human mind is Iallible and it is not possible that there might not be a lapse at
any stage. The cyber criminals take advantage oI these lacunas and penetrate into the computer
system.
.egligence-
Negligence is very closely connected with human conduct. It is thereIore very probable that
while protecting the computer system there might be any negligence, which in turn provides a
cyber criminal to gain access and control over the computer system.
5. Loss of evidence-
Loss oI evidence is a very common & obvious problem as all the data are routinely destroyed.
Further collection oI data outside the territorial extent also paralyses this system oI crime
investigation.
CYBER CRIMINALS:
The cyber criminals constitute oI various groups/ category. This division may be justiIied on the basis
oI the object that they have in their mind. The Iollowing are the category oI cyber criminals
. Children and adolescents between the age group of 6 18 years
The simple reason Ior this type oI delinquent behaviour pattern in children is seen mostly due to
the inquisitiveness to know and explore the things. Other cognate reason may be to prove
themselves to be outstanding amongst other children in their group. Further the reasons may be
psychological even. E.g. the Bal Bharati (Delhi) case was the outcome oI harassment oI the
delinquent by his Iriends.
2. Organised hackers
These kinds oI hackers are mostly organised together to IulIil certain objective. The reason may
be to IulIil their political bias, Iundamentalism, etc. The Pakistanis are said to be one oI the best
quality hackers in the world. They mainly target the Indian government sites with the purpose to
IulIil their political objectives. Further the $ as well as the icrosoft sites is always under
attack by the hackers.
3. Professional hackers / crackers
Their work is motivated by the colour oI money. These kinds oI hackers are mostly
employed to hack the site oI the rivals and get credible, reliable and valuable inIormation.
Further they are ven employed to crack the system oI the employer basically as a measure to
make it saIer by detecting the loopholes.
. Discontented employees
This group include those people who have been either sacked by their employer or are
dissatisIied with their employer. To avenge they normally hack the system oI their employee.
MODE AND MANNER OF COMMITING CYBER CRIME:
uoootbotlzeJ occess to compotet systems ot oetwotks / nockloq
This kind oI oIIence is normally reIerred as hacking in the generic sense. However the Iramers oI the
inIormation technology act 2000 have no where used this term so to avoid any conIusion we would
not interchangeably use the word hacking Ior unauthorized access` as the latter has wide connotation.
2 1beft of lofotmotloo cootoloeJ lo electtoolc fotm
1hls lncludes lnformaLlon sLored ln compuLer hard dlsks removable sLorage medla eLc 1hefL
may be elLher by approprlaLlng Lhe daLa physlcally or by Lamperlng Lhem Lhrough Lhe vlrLual
medlum
3 moll bombloq
This kind oI activity reIers to sending large numbers oI mail to the victim, which may be an
individual or a company or even mail servers there by ultimately resulting into crashing.
uoto JlJJlloq
This kind oI an attack involves altering raw data just beIore a computer processes it and then
changing it back aIter the processing is completed. Theelectricity board Iaced similar problem oI
data diddling while the department was being computerised.
5oloml ottocks
1hls klnd of crlme ls normally prevalenL ln Lhe flnanclal lnsLlLuLlons or for Lhe purpose of
commlLLlng flnanclal crlmes An lmporLanL feaLure of Lhls Lype of offence ls LhaL Lhe alLeraLlon ls
so small LhaL lL would normally go unnoLlced Lg Lhe 2leqlet cose whereln a loglc bomb was
lnLroduced ln Lhe bank's sysLem whlch deducLed cenLs from every accounL and deposlLed lL
ln a parLlcular accounL
6 ueolol of 5etvlce ottock
1he compuLer of Lhe vlcLlm ls flooded wlLh more requesLs Lhan lL can handle whlch cause lL Lo
crash ulsLrlbuLed uenlal of Servlce (uuoS) aLLack ls also a Lype of denlal of servlce aLLack ln
whlch Lhe offenders are wlde ln number and wldespread Lg Amozoo oboo
7 vltos / wotm ottocks
Viruses are programs that attach themselves to a computer or a Iile and then circulate themselves
to other Iiles and to other computers on a network. They usually aIIect the data on a computer,
either by altering or deleting it. Worms, unlike viruses do not need the host to attach themselves
to. They merely make Iunctional copies oI themselves and do this repeatedly till they eat up all
the available space on a computer's memory. E.g. love bug virus, which aIIected at least 5 oI
the computers oI the globe. The losses were accounted to be $ 0 million. The world's most
Iamous worm was the Internet worm let loose on the Internet by #obert orris sometime in
. Almost brought development oI Internet to a complete halt.
. Logic bombs-
These are event dependent programs. This implies that these programs are created to do
something only when a certain event (known as a trigger event) occurs. E.g. even some
viruses may be termed logic bombs because they lie dormant all through the year and become
active only on a particular date (like the Chernobyl virus).
1tojoo ottocks
1hls Lerm has lLs orlgln ln Lhe word '1ro[an horse' ln sofLware fleld Lhls means an unauLhorlzed
programme whlch passlvely galns conLrol over anoLher's sysLem by represenLlng lLself as an
auLhorlsed programme 1he mosL common form of lnsLalllng a 1ro[an ls Lhrough emall Lg a
1ro[an was lnsLalled ln Lhe compuLer of a loJy fllm Jltectot ln Lhe uS whlle chaLLlng 1he cyber
crlmlnal Lhrough Lhe web cam lnsLalled ln Lhe compuLer obLalned her nude phoLographs Pe
furLher harassed Lhls lady
lotetoet tlme tbefts
normally ln Lhese klnds of LhefLs Lhe lnLerneL surflng hours of Lhe vlcLlm are used up by anoLher
person 1hls ls done by galnlng access Lo Lhe logln lu and Lhe password Lg colooel 8ojwos
cose Lhe lnLerneL hours were used up by any oLher person 1hls was perhaps one of Lhe flrsL
reporLed cases relaLed Lo cyber crlme ln lndla Powever Lhls case made Lhe pollce lnfamous as Lo
Lhelr lack of undersLandlng of Lhe naLure of cyber crlme
web jockloq
1hls Lerm ls derlved from Lhe Lerm hl [acklng ln Lhese klnds of offences Lhe hacker galns
access and conLrol over Lhe web slLe of anoLher Pe may even muLllaLe or change Lhe
lnformaLlon on Lhe slLe 1hls may be done for fulfllllng pollLlcal ob[ecLlves or for money Lg
recenLly Lhe slLe of Ml1 (MlnlsLry of lnformaLlon 1echnology) was hacked by Lhe aklsLanl
hackers and some obscene maLLer was placed Lhereln lurLher Lhe slLe of 8ombay crlme
branch was also web [acked AnoLher case of web [acklng ls LhaL of Lhe 'qolJ flsb case ln
Lhls case Lhe slLe was hacked and Lhe lnformaLlon perLalnlng Lo gold flsh was changed
lurLher a ransom of uS $ mllllon was demanded as ransom 1hus web [acklng ls a process
where by conLrol over Lhe slLe of anoLher ls made backed by some conslderaLlon for lL
CLASSIFICATIUN:
1he sub[ecL of cyber crlme may be broadly classlfled under Lhe followlng Lhree groups 1hey are

AgalnsL lndlvlduals
a. their person &
b. their property oI an individual

2 AgalnsL CrganlzaLlon
a CovernmenL
c llrm Company Croup of lndlvlduals

3 AgalnsL SocleLy aL large
1he followlng are Lhe crlmes whlch can be commlLLed agalnsL Lhe followlngs group

AgalnsL lndlvlduals

l ParassmenL vla emalls
ll CybersLalklng
lll ulssemlnaLlon of obscene maLerlal
lv uefamaLlon
v unauLhorlzed conLrol/access over compuLer sysLem
vl lndecenL exposure
vll Lmall spooflng
vlll CheaLlng lraud


AgalnsL lndlvldual roperLy

l CompuLer vandallsm
ll 1ransmlLLlng vlrus
lll neLrespass
lv unauLhorlzed conLrol/access over compuLer sysLem
v lnLellecLual roperLy crlmes
vl lnLerneL Llme LhefLs


AgalnsL CrganlzaLlon
l unauLhorlzed conLrol/access over compuLer sysLem
ll ossesslon of unauLhorlzed lnformaLlon
lll Cyber Lerrorlsm agalnsL Lhe governmenL organlzaLlon
lv ulsLrlbuLlon of plraLed sofLware eLc


AgalnsL SocleLy aL large

l ornography (baslcally chlld pornography)
ll olluLlng Lhe youLh Lhrough lndecenL exposure
lll 1rafflcklng
lv llnanclal crlmes
vSale of lllegal arLlcles
vlCnllne gambllng
vll lorgery
1he above menLloned offences may dlscussed ln brlef as follows
notossmeot vlo emolls
ParassmenL Lhrough emalls ls noL a new concepL lL ls very slmllar Lo harasslng Lhrough
leLLers 8ecenLly l had recelved a mall from a loJy wbetelo sbe comploloeJ abouL Lhe same
Per former boy frlend was sendlng her malls consLanLly someLlmes emoLlonally blackmalllng
her and also LhreaLenlng her 1hls ls a very common Lype of harassmenL vla emalls
2 CybersLalklng
1he Cxford dlcLlonary deflnes sLalklng as pursulng sLealLhlly Cyber sLalklng lnvolves
followlng a persons movemenLs across Lhe lnLerneL by posLlng messages (someLlmes
LhreaLenlng) on Lhe bulleLln boards frequenLed by Lhe vlcLlm enLerlng Lhe chaLrooms
frequenLed by Lhe vlcLlm consLanLly bombardlng Lhe vlcLlm wlLh emalls eLc
3 ulssemlootloo of obsceoe motetlol/ loJeceot exposote/ lotooqtopby (boslcolly cbllJ
potooqtopby) / lollotloq tbtooqb loJeceot exposote
ornography on Lhe neL may Lake varlous forms lL may lnclude Lhe hosLlng of web slLe
conLalnlng Lhese prohlblLed maLerlals use of compuLers for produclng Lhese obscene
maLerlals uownloadlng Lhrough Lhe lnLerneL obscene maLerlals 1hese obscene maLLers
may cause harm Lo Lhe mlnd of Lhe adolescenL and Lend Lo deprave or corrupL Lhelr mlnd
1wo known cases of pornography are Lhe uelbl 8ol 8bototl cose and Lhe 8omboy
cose whereln Lwo Swlss couple used Lo force Lhe slum chlldren for obscene phoLographs
1he Mumbal pollce laLer arresLed Lhem
uefomotloo
lL ls an acL of lmpuLlng any person wlLh lnLenL Lo lower Lhe person ln Lhe esLlmaLlon of Lhe
rlghLLhlnklng members of socleLy generally or Lo cause hlm Lo be shunned or avolded or Lo
expose hlm Lo haLred conLempL or rldlcule Cyber defamaLlon ls noL dlfferenL from
convenLlonal defamaLlon excepL Lhe lnvolvemenL of a vlrLual medlum Lg Lhe mall accounL
of koblt was hacked and some malls were senL from hls accounL Lo some of hls baLch maLes
regardlng hls affalr wlLh a glrl wlLh lnLenL Lo defame hlm
4 uoootbotlzeJ coottol/occess ovet compotet system
1hls acLlvlLy ls commonly referred Lo as hacklng 1he lndlan law has however glven a
dlfferenL connoLaLlon Lo Lhe Lerm hacklng so we wlll noL use Lhe Lerm unauLhorlzed
access lnLerchangeably wlLh Lhe Lerm hacklng Lo prevenL confuslon as Lhe Lerm used ln
Lhe AcL of 2 ls much wlder Lhan hacklng
5 moll spoofloq
A spooIed email may be said to be one, which misrepresents its origin. It shows it's origin to
be diIIerent Irom which actually it originates. Recently spooIed mails were sent on the name
oI Mr. a.Jifayashankar (naavi.org), which contained virus.
#afesh anyar, a graduate student at Purdue University in Indiana, was arrested Ior
threatening to detonate a nuclear device in the college campus. The alleged e mail was sent
Irom the account oI another student to the vice president Ior student services. However the
mail was traced to be sent Irom the account oI Rajesh Manyar
6 compotet vooJollsm
vandallsm means dellberaLely desLroylng or damaglng properLy of anoLher 1hus
compuLer vandallsm may lnclude wlLhln lLs purvlew any klnd of physlcal harm done Lo Lhe
compuLer of any person 1hese acLs may Lake Lhe form of Lhe LhefL of a compuLer some
parL of a compuLer or a perlpheral aLLached Lo Lhe compuLer or by physlcally damaglng a
compuLer or lLs perlpherals
7 1toosmlttloq vltos/wotms
1hls Loplc has been adequaLely dealL hereln above
8 lotellectool ltopetty ctlmes / ulsttlbotloo of pltoteJ softwote
lnLellecLual properLy conslsLs of a bundle of rlghLs Any unlawful acL by whlch Lhe owner ls
deprlved compleLely or parLlally of hls rlghLs ls an offence 1he common form of l8
vlolaLlon may be sald Lo be sofLware plracy copyrlghL lnfrlngemenL Lrademark and servlce
mark vlolaLlon LhefL of compuLer source code eLc
1he nyJetoboJ coott has ln a land mark [udgemenL has convlcLed Lhree people and
senLenced Lhem Lo slx monLhs lmprlsonmenL and flne of each for unauLhorlzed
copylng and sell of plraLed sofLware (16)
9 cybet tettotlsm oqolost tbe qovetomeot otqoolzotloo
AL Lhls [uncLure a necesslLy may be felL LhaL whaL ls Lhe need Lo dlsLlngulsh beLween cyber
Lerrorlsm and cyber crlme 8oLh are crlmlnal acLs Powever Lhere ls a compelllng need Lo
dlsLlngulsh beLween boLh Lhese crlmes A cyber crlme ls generally a domesLlc lssue whlch
may have lnLernaLlonal consequences however cyber Lerrorlsm ls a global concern whlch
has domesLlc as well as lnLernaLlonal consequences 1he common form of Lhese LerrorlsL
aLLacks on Lhe lnLerneL ls by dlsLrlbuLed denlal of servlce aLLacks haLe webslLes and haLe
emalls aLLacks on senslLlve compuLer neLworks eLc 1echnology savvy LerrorlsLs are uslng
2blL encrypLlon whlch ls nexL Lo lmposslble Lo decrypL 1he recenL example may be clLed
of Osomo 8lo loJeo Lhe l11 aLLack on Ametlcos otmy Jeploymeot system durlng lraq
war
Cyber Lerrorlsm may be deflned Lo be tbe ptemeJltoteJ ose of Jlstoptlve octlvltles ot tbe
tbteot tbeteof lo cybet spoce wltb tbe loteotloo to fottbet soclol lJeoloqlcol tellqloos
polltlcol ot slmllot objectlves ot to lotlmlJote ooy petsoo lo fottbetooce of socb
objectlves %%
AnoLher deflnlLlon may be aLLempLed Lo cover wlLhln lLs amblL every acL of cyber Lerrorlsm
A tettotlst meoos o petsoo wbo loJolqes lo wootoo klllloq of petsoos ot lo vloleoce ot lo
Jlstoptloo of setvlces ot meoos of commoolcotloos esseotlol to tbe commoolty ot lo
Jomoqloq ptopetty wltb tbe vlew to
(1) pottloq tbe pobllc ot ooy sectloo of tbe pobllc lo feot ot
(2) offectloq oJvetsely tbe botmooy betweeo Jlffeteot tellqloos toclol looqooqe ot teqloool
qtoops ot costes ot commooltles ot
(J) coetcloq ot ovetowloq tbe qovetomeot estobllsbeJ by low ot
(4) eoJooqetloq tbe sovetelqoty ooJ loteqtlty of tbe ootloo
and a cyber terrorist is the person who uses the computer system as a means or ends to
achieve the above objectives. Every act done in pursuance thereoI is an act oI cyber
terrorism.
101tofflckloq
1rafflcklng may assume dlfferenL forms lL may be Lrafflcklng ln drugs human belngs arms
weapons eLc 1hese forms of Lrafflcklng are golng unchecked because Lhey are carrled on
under pseudonyms A rackeL was busLed ln Chennal where drugs were belng sold under Lhe
pseudonym of honey
lraud CheaLlng
Cnllne fraud and cheaLlng ls one of Lhe mosL lucraLlve buslnesses LhaL are growlng Loday ln Lhe
cyber space lL may assume dlfferenL forms Some of Lhe cases of onllne fraud and cheaLlng LhaL
have come Lo llghL are Lhose perLalnlng Lo credlL card crlmes conLracLual crlmes offerlng [obs
eLc
Recently the Court of etropolitan agistrate Delhi Iound guilty a 2yearold engineer
working in a call centre, oI Iraudulently gaining the details oI Campa's credit card and bought a
television and a cordless phone Irom Sony website. Metropolitan magistrate Gulshan Kumar
convicted Azim Ior cheating under IPC, but did not send him to jail. Instead, Azim was asked to
Iurnish a personal bond oI Rs 20,000, and was released on a year's probation.
1A1U1Ck kCVICN
1he lndlan parllamenL consldered lL necessary Lo glve effecL Lo Lhe resoluLlon by whlch Lhe Ceneral
Assembly adopLed Model Law on LlecLronlc Commerce adopLed by Lhe unlLed naLlons Commlsslon
on 1rade Law As a consequence of whlch Lhe lnformaLlon 1echnology AcL 2 was passed and
enforced on 7Lh May 2Lhe preamble of Lhls AcL sLaLes lLs ob[ecLlve Lo legallse ecommerce and
furLher amend Lhe lndlan enal Code 6 Lhe lndlan Lvldence AcL 72 Lhe 8anker's 8ook
Lvldence AcL and Lhe 8eserve 8ank of lndla AcL 3 1be boslc potpose to locotpotote tbe
cbooqes lo tbese Acts ls to moke tbem compotlble wltb tbe Act of 2000 So LhaL Lhey may regulaLe
and conLrol Lhe affalrs of Lhe cyber world ln an effecLlve manner
1he lnformaLlon 1echnology AcL deals wlLh Lhe varlous cyber crlmes ln chapLers lx xl 1he
lmporLanL secLlons are Ss 366667 SecLlon 3 ln parLlcular deals wlLh Lhe unauLhorlsed access
unauLhorlsed downloadlng vlrus aLLacks or any conLamlnanL causes damage dlsrupLlon denlal of
access lnLerference wlLh Lhe servlce avalled by a person 1hls secLlon provlde for a flne up Lo 8s
Crore by way of remedy SecLlon 6 deals wlLh 'tompetloq wltb compotet sootce Jocomeots' and
provldes for lmprlsonmenL up Lo 3 years or flne whlch may exLend up Lo 2 years or boLh SecLlon 66
deals wlLh 'bockloq wltb compotet system and provldes for lmprlsonmenL up Lo 3 years or flne
whlch may exLend up Lo 2 years or boLh lurLher secLlon 67 deals wlLh publlcaLlon of obscene
maLerlal and provldes for lmprlsonmenL up Lo a Lerm of years and also wlLh flne up Lo 8s 2
lakhs (14)
ANALI CI 1nL 1A1U1Ck kCVICN
1he lnformaLlon 1echnology AcL 2 was undoubLedly a welcome sLep aL a Llme when Lhere was
no leglslaLlon on Lhls speclallsed fleld 1he AcL has however durlng lLs appllcaLlon has proved Lo be
lnadequaLe Lo a cerLaln exLenL 1he varlous loopholes ln Lhe AcL are
1be botty lo wblcb tbe leqlslotloo wos posseJ wltboot sofflcleot pobllc Jebote JlJ oot teolly
setve tbe JeslteJ potpose%%
LxperLs are of Lhe oplnlon LhaL one of Lhe reasons for Lhe lnadequacy of Lhe leglslaLlon has
been Lhe hurry ln whlch lL was passed by Lhe parllamenL and lL ls also a facL LhaL sufflclenL
Llme was noL glven for publlc debaLe
2 cybetlows lo tbelt vety pteomble ooJ olm stote tbot tbey ote totqeteJ ot olJloq ecommetce
ooJ ote oot meoot to teqolote cybetctlme"(6)
Mr avan uuggal holds Lhe oplnlon LhaL Lhe maln lnLenLlon of Lhe leglslaLors has been Lo
provlde for a law Lo regulaLe Lhe ecommerce and wlLh LhaL alm Lhe l1AcL 2 was passed
whlch also ls one of Lhe reasons for lLs lnadequacy Lo deal wlLh cases of cyber crlme
AL Lhls polnL l would llke Lo express my respecLful dlssenL wlLh Mr uuggal l feel LhaL Lhe
above sLaLemenL by Mr uuggal ls noL fundamenLally correcL 1he reason belng LhaL Lhe
preamble does sLaLe LhaL Lhe AcL alms aL legallslng ecommerce Powever lL does noL sLop
here lL furLher amends Lhe lC Lvldence AcL 8anker's 8ook Lvldence and 88l AcL also
1he AcL also alms Lo deal wlLh all maLLers connecLed LherewlLh or lncldenLal LhereLo lL ls a
cardlnal rule of lnLerpreLaLlon LhaL text sboolJ be teoJ os o wbole to qotbet tbe meooloq
lt seems tbot tbe obove stotemeot bos beeo moJe lo totol JlsteqotJ of tbls tole of
lotetptetotloo 1he preamble lf read as a whole makes lL very clear LhaL Lhe AcL equally
alms aL legallslng ecommerce and Lo curb any offences arlslng Lhere from
3cybet totts
1he recenL cases lncludlng Cyber sLalklng cyber harassmenL cyber nulsance and cyber
defamaLlon have shown LhaL Lhe l1AcL 2 has noL dealL wlLh Lhose offences lurLher lL ls
also conLended LhaL ln fuLure new forms of cyber crlme wlll emerge whlch even need Lo be
Laken care of 1herefore lndla should slgn Lhe cyber crlme convenLlon Powever Lhe l1AcL
2 read wlLh Lhe enal Code ls capable of deallng wlLh Lhese felonles
cybet ctlme lo tbe Act ls oeltbet comptebeoslve oot exboostlve
Mr uuggal belleves LhaL we need dedlcaLed leglslaLlon on cyber crlme LhaL can supplemenL
Lhe lndlan enal Code 1he conLemporary vlew ls held by Mr raLhamesh opaL who has
sLaLed 1he l1 AcL 2 ls noL comprehenslve enough and doesnL even deflne Lhe Lerm
cyber crlme(8) Mr uuggal has furLher commenLed lndla as a naLlon has Lo cope wlLh an
urgenL need Lo regulaLe and punlsh Lhose commlLLlng cyber crlmes buL wlLh no speclflc
provlslons Lo do so SupporLers of Lhe lndlan enal Code School vehemenLly argue LhaL lC
has sLood Lhe LesL of Llme and LhaL lL ls noL necessary Lo lncorporaLe any speclal laws on
cyber crlme 1hls ls because lL ls debaLed by Lhem LhaL Lhe lC alone ls sufflclenL for all klnds
of crlme Powever ln pracLlcal Lerms Lhe argumenL does noL have approprlaLe backlng lL
has Lo be dlsLlncLly undersLood LhaL cyber crlme and cyberspace are compleLely new
whelms where numerous new posslblllLles and opporLunlLles emerge by Lhe day ln Lhe form
of new klnds of crlmes"(6)
l feel LhaL a new leglslaLlon on cyber crlme ls LoLally unwarranLed 1he reason ls LhaL Lhe
new leglslaLlon noL come alone buL wlll brlng wlLh lL Lhe same confuslon Lhe same
dlssaLlsfacLlon and Lhe same deslre Lo supplanL lL by furLher new leglslaLlon Mr uuggal has
sLaLed above Lhe need Lo supplemenL lC by a new leglslaLlon lf LhaL ls Lhe lssue Lhen Lhe
presenL leglslaLlon along wlLh Lhe enal Code when read harmonlously and co [olnLly ls
sufflclenL Lo deal wlLh Lhe presenL problems of cyber crlme lurLher Lhere are oLher
leglslaLlons Lo deal wlLh Lhe lnLellecLual properLy crlmes on Lhe cyber space such as Lhe
aLenLs AcL Copy 8lghL AcL 1rade Marks AcL
Amblqolty lo tbe Jefloltloos
The deIinition oI hacking provided in section 66 oI the Act is very wide and capable oI
misapplication. There is every possibility oI this section being misapplied and in Iact the
Delhi court has misapplied it. The infamous go2nextjob has made it very clear that what may
be the Iate oI a person who is booked under section 66 or the constant threat under which the
netizens are till s. 66 exists in its present Iorm.
Further section 67 is also vague to certain extent. It is diIIicult to deIine the term lascivious
information or obscene pornographic information. Further our inability to deal with the
cases oI cyber pornography has been proved by the Bal Bharati case.
6 uolfotm low
Mr. Vinod Kumar holds the opinion that the need oI the hour is a worldwide uniIorm
cyber law to combat cyber crime. Cyber crime is a global phenomenon and thereIore the
initiative to Iight it should come Irom the same level. E.g. the author oI the love bug virus
was appreciated by his countrymen.
7lock of owoteoess
One important reason that the Act oI 2000 is not achieving complete success is the lack oI
awareness among the s about their rights. Further most oI the cases are going unreported. II
the people are vigilant about their rights the law deIinitely protects their right. E.g. the Delhi
high court in October 2002 prevented a person Irom selling icrosoft pirated software over
an auction site. Achievement was also made in the case beIore the court oI metropolitan
magistrate Delhi wherein a person was convicted Ior online cheating by buying Sony
products using a stolen creditcard.
IotlsJlctloo lssoes
Jurisdiction is also one oI the debatable issues in the cases oI cyber crime due to the very
universal nature oI cyber space. With the evergrowing arms oI cyber space the territorial
concept seems to vanish. New methods oI dispute resolution should give way to the
conventional methods. The Act oI 2000 is very silent on these issues.
xtto tettltotlol oppllcotloo
Though S.75 provides Ior extraterritorial operations oI this law, but they could be
meaningIul only when backed with provisions recognizing orders and warrants
Ior InIormation issued by competent authorities outside their jurisdiction and measure Ior
cooperation Ior exchange oI material and evidence oI computer crimes between law
enIorcement agencies.
kolsloq o cybet otmy
By using the word cyber army` by no means I want to convey the idea oI virtual army,
rather I am laying emphasis on the need Ior a well equipped task Iorce to deal with the new
trends oI hi tech crime. The government has taken a leap in this direction by constituting
cyber crime cells in all metropolitan and other important cities. Further the establishment oI
theberrimenvestigationelloftheentral:rea:ofnvestigation
is deIinitely a welcome step in this direction. There are man cases in which the
C.B.I has achieved success. The present position oI cases oI cyber crime is
Case : When a woman at an MNC started receiving obscene calls, CBI Iound her colleague
had posted her personal details on Mumbaidating.com.
$tat:s: Probe on
Case 2: CBI arrested a man Irom UP, Mohammed Feroz, who placed ads oIIering jobs in
Germany. He talked to applicants via email and asked them to deposit money in his bank
account in Delhi.
$tat:s: Chargesheet not Iiled
Case 3: The oIIicial website oI the Central Board oI Direct Taxes was hacked last year. As
Pakistanbased hackers were responsible, authorities there were inIormed through Interpol.
$tat:s: Pak not cooperating.
cybet sovvy beocb
Cyber savvy judges are the need oI the day. Judiciary plays a vital role in shaping the
enactment according to the order oI the day. One such stage, which needs
appreciation, is the P.I.L., which the Kerela High Court has accepted through an
email. The role oI the judges in today`s word may be gathered by the statement
judges carve law is` to law ought to be`. r T.K.Jishwanathan, member
secretary,Law Commission , has highlighted the requirements Ior introducing e
courts in India. In his article published in The Hindu he has stated'if there is one area
of Governance where IT can make a huge difference to Indian public is in the
Judicial $ystem`.
2 uyoomlc fotm of cybet ctlme
Speaking on the dynamic nature oI cyber crime FBI Director Louis Freeh has said,
"In short, even though we have markedly improved our capabilities to fight cyber
intrusions the problem is growing even faster and we are falling further
behind The(de)creativity oI human mind cannot be checked by any law. Thus the
only way out is the liberal construction while applying the statutory provisions to
cyber crime cases.
3 nesltotloo to tepott offeoces
As stated above one oI the Iatal drawbacks oI the Act has been the cases going
unreported. One obvious reason is the noncooperative police Iorce. This was proved
by the Delhi time theft case. "The police are a powerIul Iorce today which can play
an instrumental role in preventing cybercrime. At the same time, it can also end up
wielding the rod and harassing innocent s, preventing them Irom going about their
normal cyber business." This attitude oI the administration is also revelled by
incident that took place at errut and Belgam. (Ior the Iacts oI these incidents reIer
to naavi.com). For complete realisation oI the provisions oI this Act a cooperative
police Iorce is require.
!REVENTION OF CYBER CRIME:
Prevention is always better than cure. It is always better to take certain precaution while
operating the net. A should make them his part oI cyber liIe. Saileshkumar Zarkar, technical
advisor and network security consultant to the Mumbai Police Cyber crime Cell, advocates
the 5P mantra Ior online security Precaution, Prevention, Protection, Preservation and
Perseverance. A netizen should keep in mind the Iollowing things
.to prevent cyber stalking avoid disclosing any inIormation pertaining to oneselI.
This is as good as disclosing your identity to strangers in public place.
2.always avoid sending any photograph online particularly to strangers and chat
Iriends as there have been incidents oI misuse oI the photographs.
3.always use latest and up date anti virus soItware to guard against virus attacks.
.always keep back up volumes so that one may not suIIer data loss in case oI virus
contamination
5.never send your credit card number to any site that is not secured, to guard against
Irauds.
6.always keep a watch on the sites that your children are accessing to prevent any
kind oI harassment or depravation in children.
7.it is better to use a security programme that gives control over the cookies and send
inIormation back to the site as leaving the cookies unguarded might prove Iatal.
.web site owners should watch traIIic and check any irregularity on the site. Putting
hostbased intrusion detection devices on servers may do this.
.use oI Iirewalls may be beneIicial.
0. web servers running public sites must be physically separate protected Irom
internal corporate network.
Adjudication oI a Cyber Crime On the directions oI the Bombay High Court the Central
Government has by a notiIication dated 25.03.03 has decided that the Secretary to the
InIormation Technology Department in each state by designation would be appointed as the
AO Ior each state.
CONCLUSION:
Capacity oI human mind is unIathomable. It is not possible to eliminate cyber crime Irom the
cyber space. It is quite possible to check them. History is the witness that no legislation has
succeeded in totally eliminating crime Irom the globe. The only possible step is to make
people aware oI their rights and duties (to report crime as a collective duty towards the
society) and Iurther making the application oI the laws more stringent to check crime.
Undoubtedly the Act is a historical step in the cyber world. Further I all together do not deny
that there is a need to bring changes in the InIormation Technology Act to make it more
eIIective to combat cyber crime. I would conclude with a word oI caution Ior the pro
legislation school that it should be kept in mind that the provisions oI the cyber law are not
made so stringent that it may retard the growth oI the industry and prove to be counter
productive.
REFERENCES:
. Granville Williams
2. Proprietary Articles Trade Association v. A.G.Ior Canada (32)
3. Nagpal R. What is Cyber Crime?
. Nagpal R DeIining Cyber Terrorism
5. Duggal Pawan The Internet: Legal Dimensions
6. Duggal Pawan Is this Treaty a Treat?
7. Duggal Pawan Cybercrime
. Kapoor G.V. Byte by Byte
. Kumar Vinod Winning the Battle against Cyber Crime
0. Mehta Dewang Role oI Police In Tackling Internet Crimes
. Postal address
Superintendent oI Police,
Cyber Crime Investigation Cell,
5th Floor, Block No.3, CGO Complex,
Lodhi Road, New Delhi 0 003
Phone: 362203, 322
email cbiccicbol.net.in
2. Duggal Pawan
3. by the Author
. For the sake oI convenience the readers are requested to read sections 3, 65, 66,67
oI the InIormation Technology Act.
5. SiIy News .03.03
6. Deccan Herald 6.03.03
7. Hindustan Times 03.03.03
P.S: Views expressed here are the views oI the author only.
Back To Naavi.org
nformation is a resource which has no value until it is extracted, processed and utilized. nformation technology deals
with information system, data storage, access, retrieval, analysis and intelligent decision making. nformation
technology refers to the creation, gathering, processing, storage, presentation and dissemination of information and
also the processes and devices that enable all this to be done.
nformation technology is affecting us as individual and as a society. nformation technology stands firmly on
hardware and software of a computer and tele-communication infrastructure. But this is only one facet of the
information Technology, today the other facets are the challenges for the whole world like cyber crimes and more
over cyber terrorism. hen nternet was first developed, the founding fathers hardly had any inkling that internet
could transform itself into an all pervading revolution which could be misused for criminal activities and which required
regulations. ith the emergence of the technology the misuse of the technology has also expanded to its optimum
level the examples of it are:
- Cyber stalking
- Cyber harassment
- Cyber fraud
- Cyber defamation
- Spam
- Hacking
- Trafficking
- istribution
- Posting and dissemination of obscene material including pornography,
- ndecent exposure and child pornography etc.
The misuse of the technology has created the need of the enactment and implementation of the cyber laws but
whether this cyber laws are capable to control the cyber crime activities, the question requires the at most attention.
Cyber Crimes and Cyber terrorism: "Is the Internet the new "WiId WiId West?"
There can be no one exhaustive definition about Cybercrime. However, any activities which basically offend human
sensibilities, can also be included in its ambit. Child Pornography on the nternet constitutes one serious Cybercrime.
Similarly, online pedophiles, using internet to induce minor children into sex, are as much Cyber criminals as any
other.
"Cyber terrorism is the premeditated, politically motivated attack against information, computer systems, computer
programs, and data which result in violence against property, government and people at large.
n the era of globalization: the use of steganography[1] as a means for communicating the terrorist design online
Red Fort case, E-mail threats in Taj Mahal Case, Supreme Court E mail Threat Case. The use of internet to plan and
carry out the terrorists' acts of September 11th orld Trade Center attack, reflects the present condition and
provides the answer to the question that "s the internet the new ild ild est?
Forms of Cyber Terrorism:[2]
(I) Privacy vioIation:
The law of privacy is the recognition of the individual's right to be let alone and to have his personal space inviolate.
The right to privacy as an independent and distinctive concept originated in the field of Tort law, under which a new
cause of action for damages resulting from unlawful invasion of privacy was recognized. n recent times, however,
this right has acquired a constitutional status, the violation of which attracts both civil as well as criminal
consequences under the respective laws. The intensity and complexity of life have rendered necessary some retreat
from the world. Man under the refining influence of culture, has become sensitive to publicity, so that solitude and
privacy have become essential to the individual. Modern enterprise and invention have, through invasions upon his
privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury. Right to
privacy is a part of the right to life and personal liberty enshrined under Article 21 of the Constitution of ndia. ith the
advent of information technology the traditional concept of right to privacy has taken new dimensions, which require a
different legal outlook. To meet this challenge recourse of nformation Technology Act, 2000 can be taken.
The various provisions of the Act aptly protect the online privacy rights of the citizens. Certain acts have been
categorized as offences and contraventions, which have tendency to intrude with the privacy rights of the citizens.
(II) Secret information appropriation and data theft:
The information technology can be misused for appropriating the valuable Government secrets and data of private
individuals and the Government and its agencies. A computer network owned by the Government may contain
valuable information concerning defense and other top secrets, which the Government will not wish to share
otherwise. The same can be targeted by the terrorists to facilitate their activities, including destruction of property. t
must be noted that the definition of property is not restricted to moveables or immoveables alone.
n R.K. almia v elhi Administration the Supreme Court held that the word "property" is used in the .P.C in a much
wider sense than the expression "movable property". There is no good reason to restrict the meaning of the word
"property" to moveable property only, when it is used without any qualification. hether the offence defined in a
particular section of PC can be committed in respect of any particular kind of property, will depend not on the
interpretation of the word "property" but on the fact whether that particular kind of property can be subject to the acts
covered by that section.
(III) DemoIition of e-governance base:
The aim of e-governance is to make the interaction of the citizens with the government offices hassle free and to
share information in a free and transparent manner. t further makes the right to information a meaningful reality. n a
democracy, people govern themselves and they cannot govern themselves properly unless they are aware of social,
political, economic and other issues confronting them. To enable them to make a proper judgment on those issues,
they must have the benefit of a range of opinions on those issues. Right to receive and impart information is implicit in
free speech. This, right to receive information is, however, not absolute but is subject to reasonable restrictions which
may be imposed by the Government in public interest.
(IV) Distributed deniaI of services attack:
The cyber terrorists may also use the method of distributed denial of services (OS) to overburden the Government
and its agencies electronic bases. This is made possible by first infecting several unprotected computers by way of
virus attacks and then taking control of them. Once control is obtained, they can be manipulated from any locality by
the terrorists. These infected computers are then made to send information or demand in such a large number that
the server of the victim collapses. Further, due to this unnecessary nternet traffic the legitimate traffic is prohibited
from reaching the Government or its agencies computers. This results in immense pecuniary and strategic loss to the
government and its agencies.
t must be noted that thousands of compromised computers can be used to simultaneously attack a single host, thus
making its electronic existence invisible to the genuine and legitimate citizens and end users. The law in this regard is
crystal clear.
(V) Network damage and disruptions:
The main aim of cyber terrorist activities is to cause networks damage and their disruptions. This activity may divert
the attention of the security agencies for the time being thus giving the terrorists extra time and makes their task
comparatively easier. This process may involve a combination of computer tampering, virus attacks, hacking, etc.
nformation Technology Act, 2000 deals with the cyber crime problems. t has some positive as well as negative
aspects.
Positive Aspects of the IT Act, 2000[3]
1. Prior to the enactment of the T Act, 2000 even an e-mail was not accepted under the prevailing statutes of ndia
as an accepted legal form of communication and as evidence in a court of law. But the T Act, 2000 changed this
scenario by legal recognition of the electronic format. ndeed, the T Act, 2000 is a step forward.
2. From the perspective of the corporate sector, companies shall be able to carry out electronic commerce using the
legal infrastructure provided by the T Act, 2000. Till the coming into effect of the ndian Cyber law, the growth of
electronic commerce was impeded in our country basically because there was no legal infrastructure to regulate
commercial transactions online.
3. Corporate will now be able to use digital signatures to carry out their transactions online. These digital signatures
have been given legal validity and sanction under the T Act, 2000.
4. n today's scenario, information is stored by the companies on their respective computer system, apart from
maintaining a back up. Under the T Act, 2000, it shall now be possible for corporate to have a statutory remedy if any
one breaks into their computer systems or networks and causes damages or copies data. The remedy provided by
the T Act, 2000 is in the form of monetary damages, by the way of compensation, not exceeding Rs. 1, 00, 00,000.
5. T Act, 2000 has defined various cyber crimes which includes hacking and damage to the computer code. Prior to
the coming into effect of the ndian Cyber law, the corporate were helpless as there was no legal redress for such
issues. But the T Act, 2000 changes the scene altogether.
The Grey Areas of the IT Act, 2000[4]:
1. The T Act, 2000 is likely to cause a conflict of jurisdiction.
2. Electronic commerce is based on the system of domain names. The T Act, 2000 does not even touch the issues
relating to domain names. Even domain names have not been defined and the rights and liabilities of domain name
owners do not find any mention in the law.
3. The T Act, 2000 does not deal with any issues concerning the protection of ntellectual Property Rights the
context of the online environment. Contentious yet very important issues concerning online copyrights, trademarks
and patents have been left untouched by the law, thereby leaving many loopholes.
4. As the cyber law is growing, so are the new forms and manifestations of cyber crimes. The offences defined in the
T Act, 2000 are by no means exhaustive. However, the drafting of the relevant provisions of the T Act, 2000 makes
it appear as if the offences detailed therein are the only cyber offences possible and existing. The T Act, 2000 does
not cove various kinds of cyber crimes and nternet related crimes. These nclude:-
a) Theft of nternet hours
b) Cyber theft
c) Cyber stalking
d) Cyber harassment
e) Cyber defamation
f) Cyber fraud
g) Misuse of credit card numbers
h) Chat room abuse
5. The T Act, 2000 has not tackled several vital issues pertaining to e-commerce sphere like privacy and content
regulation to name a few. Privacy issues have not been touched at all.
6. Another grey area of the T Act is that the same does not touch upon any anti- trust issues.
7. The most serious concern about the ndian Cyber law relates to its implementation. The T Act, 2000 does not lay
down parameters for its implementation. Also, when internet penetration in ndia is extremely low and government
and police officials, in general are not very computer savvy, the new ndian cyber law raises more questions than it
answers. t seems that the Parliament would be required to amend the T Act, 2000 to remove the grey areas
mentioned above.
ConcIusion:
The new legislation which can cover all the aspects of the Cyber Crimes should be passed so the grey areas of the
law can be removed. The recent blasts in Ahmedabad, Bangalore and elhi reflects the threat to the mankind by the
cyber space activities against this personally believes that only the technology and its wide expansion can give
strong fight to the problems. The software's are easily available for download should be restricted by the Government
by appropriate actions. New amendment should be including to the T Act, 2000 to make it efficient and active against
the crimes. The training and public awareness programs should be organized in the Companies as well as in
common sectors. The number of the cyber cops in ndia should be increased. The jurisdiction problem is there in the
implementation part which should be removed because the cyber criminals does not have any jurisdiction limit then
why do the laws have, after all they laws are there, to punish the criminal but present scenario gives them the chance
to escape.
C?8L8 C8lMLS LAW Anu 8AC1lCL*

Cyber crlme means any crlmlnal acLlvlLy ln whlch a compuLer or neLwork ls Lhe source
Lool or LargeL or place of crlme 1he Cambrldge Lngllsh ulcLlonary deflnes cyber crlmes as
crlmes commlLLed wlLh Lhe use of compuLers or relaLlng Lo compuLers especlally Lhrough lnLerneL
Crlmes lnvolvlng use of lnformaLlon or usage of elecLronlc means ln furLherance of crlme are
covered under Lhe scope of cyber crlme Cyber Crlmes may be commlLLed agalnsL persons
properLy and governmenL 1he common Lypes of cyber crlmes may be dlscussed under Lhe
followlng heads
Packlng A hacker ls an unauLhorlzed user who aLLempLs Lo or galns access Lo an lnformaLlon
sysLem Packlng ls a crlme even lf Lhere ls no vlslble damage Lo Lhe sysLem slnce lL ls an lnvaslon
ln Lo Lhe prlvacy of daLa 1here are dlfferenL classes of Packers
a) WhlLe PaL Packers 1hey belleve LhaL lnformaLlon sharlng ls good and LhaL lL ls Lhelr duLy
Lo share Lhelr experLlse by faclllLaLlng access Lo lnformaLlon Powever Lhere are some whlLe haL
hackers who are [usL [oy rldlng on compuLer sysLems
b) 8lack PaL Packers 1hey cause damage afLer lnLruslon 1hey may sLeal or modlfy daLa or
lnserL vlruses or worms whlch damage Lhe sysLem 1hey are also called 'crackers'
c) Crey PaL Packers 1yplcally eLhlcal buL occaslonally vlolaLes hacker eLhlcs Packers wlll
hack lnLo neLworks sLandalone compuLers and sofLware neLwork hackers Lry Lo galn
unauLhorlzed access Lo prlvaLe compuLer neLworks [usL for challenge curloslLy and dlsLrlbuLlon of
lnformaLlon Crackers perform unauLhorlzed lnLruslon wlLh damage llke sLeallng or changlng of
lnformaLlon or lnserLlng malware (vlruses or worms)

2 Cyber SLalklng 1hls crlme lnvolves use of lnLerneL Lo harass someone 1he behavlor lncludes
false accusaLlons LhreaLs eLc normally ma[orlLy of cyber sLalkers are men and Lhe ma[orlLy of
vlcLlms are women
3 Spammlng Spammlng ls sendlng of unsollclLed bulk and commerclal messages over Lhe
lnLerneL AlLhough lrrlLaLlng Lo mosL emall users lL ls noL lllegal unless lL causes damage such as
overloadlng neLwork and dlsrupLlng servlce Lo subscrlbers or creaLes negaLlve lmpacL on
consumer aLLlLudes Lowards lnLerneL Servlce rovlder
Cyber ornography Women and chlldren are vlcLlms of sexual explolLaLlon Lhrough
lnLerneL edophlles use Lhe lnLerneL Lo send phoLos of lllegal chlld pornography Lo LargeLed
chlldren so as Lo aLLracL chlldren Lo such funs LaLer Lhey are sexually explolLed for galns
hlshlng lL ls a crlmlnally fraudulenL process of acqulrlng senslLlve lnformaLlon such as
username passwords and credlL card deLalls by dlsgulslng as a LrusLworLhy enLlLy ln an elecLronlc
communlcaLlon
6 SofLware lracy lL ls an lllegal reproducLlon and dlsLrlbuLlon of sofLware for buslness or
personal use 1hls ls consldered Lo be a Lype of lnfrlngemenL of copy rlghL and a vlolaLlon of a
llcense agreemenL Slnce Lhe unauLhorlzed user ls noL a parLy Lo Lhe llcense agreemenL lL ls
dlfflculL Lo flnd ouL remedles
* repared by urA rasanna AssoclaLe lellow lMC 1hlruvananLhapuram 2
7 CorporaLe Lsplonage lL means LhefL of Lrade secreLs Lhrough lllegal means such as wlre Laps
or lllegal lnLruslons
Money Launderlng lL means movlng of lllegally acqulred cash Lhrough flnanclal and oLher
sysLems so LhaL lL appears Lo be legally acqulred eg 1ransporL cash Lo a counLry havlng less
sLrlngenL banklng regulaLlons and move lL back by way of loans Lhe lnLeresL of whlch can re
deducLed from hls Laxes 1hls ls posslble prlor Lo compuLer and lnLerneL Lechnology elecLronlc
Lransfers have made lL easler and more successful
LmbezzlemenL unlawful mlsapproprlaLlon of money properLy or any oLher Lhlng of value
LhaL has been enLrusLed Lo Lhe offender's care cusLody or conLrol ls called embezzlemenL lnLerneL
faclllLles are mlsused Lo commlL Lhls crlme
assword Snlffers assword snlffers are programmes LhaL monlLor and record Lhe name and
password of neLwork users as Lhey log ln [eopardlzlng securlLy aL a slLe Whoever lnsLalls Lhe
snlffer can lmpersonaLe an auLhorlzed user and log ln Lo access on resLrlcLed documenLs
Spooflng lL ls Lhe acL of dlsgulslng one compuLer Lo elecLronlcally look" llke anoLher
compuLe ln order Lo galn access Lo a sysLem LhaL would be normally ls resLrlcLed Spooflng was
used Lo access valuable lnformaLlon sLored ln a compuLer belonglng Lo securlLy experL 1suLomu
Shlmomura
2 CredlL Card lraud ln uSA half a bllllon dollars have been losL annually by consumers
who have credlL cards and calllng card numbers 1hese are sLolen from onllne daLabases
3 Web !acklng 1he Lerm refers Lo forceful Laklng of conLrol of a web slLe by cracklng Lhe
password
Cyber Lerrorlsm 1he use of compuLer resources Lo lnLlmldaLe or coerce governmenL Lhe
clvlllan populaLlon or any segmenL Lhereof ln furLherance of pollLlcal or soclal ob[ecLlves ls called
cyber Lerrorlsm lndlvlduals and groups qulLe ofLen Lry Lo explolL anonymous characLer of Lhe
lnLerneL Lo LhreaLen governmenLs and Lerrorlze Lhe clLlzens of Lhe counLry

1PL lnlC8MA1lCn 1LCPnCLCC? AC1 2

ln lndla Lhe lnformaLlon 1echnology AcL 2 was passed Lo provlde legal recognlLlon
for LransacLlons carrled ouL by means of elecLronlc communlcaLlon 1he AcL deals wlLh Lhe law
relaLlng Lo ulglLal ConLracLs ulglLal roperLy and ulglLal 8lghLs Any vlolaLlon of Lhese laws
consLlLuLes a crlme 1he AcL prescrlbes very hlgh punlshmenLs for such crlmes 1he
lnformaLlon 1echnology (amendmenL) AcL 2(AcL of 2) has furLher enhanced Lhe
punlshmenLs Llfe lmprlsonmenL and flne upLo rupees Len lakhs may be glven for cerLaln classes
of cyber crlmes CompensaLlon up Lo rupees flve crores can be glven Lo affecLed persons lf
damage ls done Lo Lhe compuLer compuLer sysLem or compuLer neLwork by Lhe lnLroducLlon of
vlrus denlal of servlces eLc(S 6(A)) SecLlons 67 Lhe AcL speclflcally deal wlLh cerLaln
offences whlch can be called Cyber Crlmes
1amperlng wlLh any compuLer source code used for a compuLer compuLer programme
compuLer sysLem or compuLer neLwork ls punlshable wlLh lmprlsonmenL up Lo Lhree years or
wlLh flne whlch may exLend up Lo Lwo lakh rupees or wlLh boLh CompuLer source code means
Lhe llsLlng of programmes compuLer commands deslgn and layouL and programme analysls of
compuLer resource ln any form(S6) 3
2 Packlng wlLh compuLer sysLem ls Lo be punlshed wlLh lmprlsonmenL up Lo Lhree years or
wlLh flne whlch may exLend up Lo flve lakh rupees or wlLh boLh(S 66)
3 Sendlng offenslve or false lnformaLlon Lhrough compuLer or a communlcaLlve devlce ls
punlshable wlLh lmprlsonmenL up Lo Lhree years and wlLh flne(S66A)
8ecelvlng or reLalnlng sLolen compuLer resource or communlcaLlon devlce ls an offence
punlshable wlLh lmprlsonmenL up Lo Lhree years and flne up Lo one lakh or wlLh boLh (S668)1he
same punlshmenL ls prescrlbed for fraudulenL use of elecLronlc slgnaLure password eLc of any
oLher person (S 66C) and for cheaLlng uslng compuLer cell phone eLc (S66u)
CapLurlng 1ransmlLLlng or publlshlng Lhe lmage of a prlvaLe area of any person wlLhouL
consenL ls punlshable wlLh lmprlsonmenL up Lo Lhree years and wlLh flne up Lo Lwo lakhs or wlLh
boLh(S 66L)
6 unlshmenL for Cyber Lerrorlsm may exLend Lo lmprlsonmenL for llfe (S66l)
7 ubllshlng LransmlLLlng lnformaLlon whlch ls obscene ln elecLronlc form
shall be punlshed on flrsL convlcLlon wlLh lmprlsonmenL of elLher descrlpLlon for a Lerm whlch
may exLend Lo Lhree years and wlLh flne whlch may exLend Lo flve lakh rupees and ln Lhe evenL of
a second or subsequenL convlcLlon wlLh lmprlsonmenL of elLher descrlpLlon for a Lerm whlch may
exLend Lo flve years and also wlLh flne whlch may exLend Lo Len lakh rupees( S 67)
ubllcaLlon and Lransmlsslon of conLalnlng sexually expllclL acL or conducL ls Lo be
punlshed wlLh lmprlsonmenL up Lo flve years and flne up Lo Len lakh rupees and for second or
subsequenL convlcLlon wlLh lmprlsonmenL for a Lerm up Lo seven years and flne up Lo Len lakh
rupees(S 67A) 1he same punlshmenL ls prescrlbed for chlld pornography (S 678)
enalLy for MlsrepresenLaLlon
Whoever makes any mlsrepresenLaLlon Lo or suppresses any maLerlal facL from Lhe ConLroller or
Lhe CerLlfylng AuLhorlLy for obLalnlng any llcense or ulglLal SlgnaLure CerLlflcaLe as Lhe case
may be Shall be punlshed wlLh lmprlsonmenL for a Lerm whlch may exLend Lo Lwo years or wlLh
flne whlch may exLend Lo one lakh rupees or wlLh boLh (S 7)
enalLy for 8reach of ConfldenLlallLy and rlvacy
Any person who has secured access Lo any elecLronlc record book reglsLer correspondence
lnformaLlon documenL or oLher maLerlal wlLhouL Lhe consenL of Lhe person concerned dlscloses
such elecLronlc record book reglsLer correspondence lnformaLlon documenL or oLher maLerlal Lo
any oLher person shall be punlshed wlLh lmprlsonmenL for a Lerm whlch may exLend Lo Lwo years
or wlLh flne whlch may exLend Lo one lakh rupees or wlLh boLh( S 72)
unlshmenL for dlsclosure of lnformaLlon ln breach of conLracL ls lmprlsonmenL lor a
Lerm up Lo Lhree years or wlLh flne up Lo flve lakh rupees or wlLh boLh( S 72A)
2 unlshmenL for publlshlng ulglLal SlgnaLure CerLlflcaLe false ln cerLaln parLlculars
() no person shall publlsh a ulglLal SlgnaLure CerLlflcaLe or oLherwlse make lL avallable Lo any
oLher person wlLh Lhe knowledge LhaL (a) Lhe CerLlfylng AuLhorlLy llsLed ln Lhe cerLlflcaLe has noL
lssued lL or
(b) Lhe subscrlber llsLed ln Lhe cerLlflcaLe has noL accepLed lL or
(c) Lhe cerLlflcaLe has been revoked or suspended
vlolaLlon of Lhe above provlslon ls punlshable wlLh lmprlsonmenL for a Lerm whlch may exLend
Lo Lwo years or wlLh flne whlch may exLend Lo one lakh rupees or wlLh boLh (S 73)
3 ubllcaLlon for lraudulenL urpose
Whoever knowlngly creaLes publlshes or oLherwlse makes avallable a ulglLal SlgnaLure
CerLlflcaLe for any fraudulenL or unlawful purpose shall be punlshed wlLh lmprlsonmenL for a Lerm
whlch may exLend Lo Lwo years or wlLh flne whlch may exLend Lo one lakh rupees or wlLh boLh(
S 7)
ln addlLlon Lo Lhe prescrlbed punlshmenLs Any compuLer compuLer sysLem flopples compacL
dlsks Lape drlves or any oLher accessorles relaLed Lo Lhe crlme shall be llable Lo conflscaLlon( S
76) S 7of Lhe AcL makes lL clear LhaL Lhe provlslons of Lhls AcL are appllcable Lo any offence or
conLravenLlon commlLLed ouLslde lndla by any person lrrespecLlve of hls naLlonallLy lf Lhe acL or
conducL consLlLuLlng Lhe offence or conLravenLlon lnvolves a compuLer compuLer sysLem or
compuLer neLwork locaLed ln lndla
* * *
Cyber Crlmes lndlan Cases*
une ClLlbank Mphasls Call CenLer lraud
lL ls a case of sourclng englneerlng uS $ 3 from ClLy bank accounLs of four uS cusLomers
were dlshonesLly Lransferred Lo bogus accounLs ln une Lhrough lnLerneL Some employees of a
call cenLre galned Lhe confldence of Lhe uS cusLomers and obLalned Lhelr ln numbers under Lhe
gulse of helplng Lhe cusLomers ouL of dlfflculL slLuaLlons LaLer Lhey used Lhese numbers Lo
commlL fraud PlghesL securlLy prevalls ln Lhe call cenLers ln lndla as Lhey know LhaL Lhey wlll
lose Lhelr buslness 1he call cenLer employees are checked when Lhey go ln and ouL so Lhey can
noL copy down numbers and Lherefore Lhey could noL have noLed Lhese down 1hey musL have
remembered Lhese numbers gone ouL lmmedlaLely Lo a cyber cafe and accessed Lhe ClLlbank
accounLs of Lhe cusLomers All accounLs were opened ln une and Lhe cusLomers complalned LhaL
Lhe money from Lhelr accounLs was Lransferred Lo une accounLs and LhaL's how Lhe crlmlnals
were Lraced ollce has been able Lo prove Lhe honesLy of Lhe call cenLer and has frozen Lhe
accounLs where Lhe money was Lransferred

2 SLaLe of 1amll nadu vs Suhas kaLLl
1he case relaLed Lo posLlng of obscene defamaLory and annoylng message abouL a dlvorcee
woman ln Lhe yahoo message group LMalls were also forwarded Lo Lhe vlcLlm for lnformaLlon
by Lhe accused Lhrough a false emall accounL opened by hlm ln Lhe name of Lhe vlcLlm 1he
posLlng of Lhe message resulLed ln annoylng phone calls Lo Lhe lady ln Lhe bellef LhaL she was
sollclLlng
8ased on a complalnL made by Lhe vlcLlm ln lebruary 2 Lhe ollce Lraced Lhe accused Lo
Mumbal and arresLed hlm wlLhln Lhe nexL few days 1he accused was a known famlly frlend of
Lhe vlcLlm and was reporLedly lnLeresLed ln marrylng her She however marrled anoLher person
1hls marrlage laLer ended ln dlvorce and Lhe accused sLarLed conLacLlng her once agaln Cn her
relucLance Lo marry hlm Lhe accused Look up Lhe harassmenL Lhrough Lhe lnLerneL
Cn Lhe prosecuLlon slde 2 wlLnesses were examlned and enLlre documenLs were marked as
LxhlblLs 1he courL relled upon Lhe experL wlLnesses and oLher evldence produced before lL
lncludlng wlLnesses of Lhe Cyber Cafe owners and came Lo Lhe concluslon LhaL Lhe crlme was
concluslvely proved and convlcLed Lhe accused 1hls ls consldered as Lhe flrsL case ln 1amll
nadu ln whlch Lhe offender was convlcLed under secLlon 67 of lnformaLlon 1echnology AcL 2
ln lndla
31he 8ank nS Case
1he 8ank nS case ls Lhe one where a managemenL Lralnee of Lhe bank was engaged Lo be
marrled 1he couple exchanged many emalls uslng Lhe company compuLers AfLer some Llme Lhe
Lwo broke up and Lhe glrl creaLed fraudulenL emall lds such as lndlan bar assoclaLlons" and senL
emalls Lo Lhe boy's forelgn cllenLs She used Lhe banks compuLer Lo do Lhls 1he boy's company
losL a large number of cllenLs and Look Lhe bank Lo courL 1he bank was held llable for Lhe emalls
senL uslng Lhe bank's sysLem
SMC neumaLlcs (lndla) vL LLd v !ogesh kwaLra
ln Lhls case Lhe defendanL !ogesh kwaLra belng an employee of Lhe plalnLlff company sLarLed
sendlng derogaLory defamaLory obscene vulgar fllLhy and abuslve emalls Lo hls employers as
also Lo dlfferenL subsldlarles of Lhe sald company all over Lhe world wlLh Lhe alm Lo defame Lhe
company and lLs Managlng ulrecLor Mr 8 k MalhoLra 1he plalnLlff flled a sulL for permanenL
ln[uncLlon resLralnlng Lhe defendanL from sendlng derogaLory emalls Lo Lhe plalnLlff 1he plalnLlff
conLended LhaL Lhe emalls senL by Lhe defendanL were dlsLlncLly obscene vulgar abuslve
lnLlmldaLlng humlllaLlng and defamaLory ln naLure and Lhe alm of sendlng Lhe sald emalls was Lo
mallgn Lhe hlgh repuLaLlon of Lhe plalnLlffs all over lndla and Lhe world

1he uelhl Plgh CourL resLralned Lhe defendanL from sendlng derogaLory defamaLory obscene
vulgar humlllaLlng and abuslve emalls elLher Lo Lhe plalnLlffs or Lo lLs slsLer subsldlarles all over
Lhe world lncludlng Lhelr Managlng ulrecLors and Lhelr Sales and MarkeLlng deparLmenLs lurLher
Ponble !udge also resLralned Lhe defendanL from publlshlng LransmlLLlng or causlng Lo be
publlshed any lnformaLlon ln Lhe acLual world as also ln cyberspace whlch ls derogaLory or
defamaLory or abuslve of Lhe plalnLlffs 1hls order of uelhl Plgh CourL assumes Lremendous
slgnlflcance as Lhls ls for Lhe flrsL Llme LhaL an lndlan CourL assumes [urlsdlcLlon ln a maLLer
concernlng cyber defamaLlon and granLs an ln[uncLlon resLralnlng Lhe defendanL from defamlng
Lhe plalnLlffs by sendlng defamaLory emalls
arllamenL ALLack Case
8ureau of ollce 8esearch and uevelopmenL aL Pyderabad had handled some of Lhe Lop cyber
cases lncludlng analyzlng and reLrlevlng lnformaLlon from Lhe lapLop recovered from LerrorlsL
who aLLacked arllamenL 1he lapLop whlch was selzed from Lhe Lwo LerrorlsLs who were gunned
down when arllamenL was under slege on uecember 3 2 was senL Lo CompuLer lorenslcs
ulvlslon of 88u 6
1he lapLop conLalned several evldences LhaL conflrmed of Lhe Lwo LerrorlsLs' moLlves namely Lhe
sLlcker of Lhe MlnlsLry of Pome LhaL Lhey had made on Lhe lapLop and pasLed on Lhelr ambassador
car Lo galn enLry lnLo arllamenL Pouse and Lhe fake lu card LhaL one of Lhe Lwo LerrorlsLs was
carrylng wlLh a CovernmenL of lndla emblem and seal 1he emblems (of Lhe Lhree llons) were
carefully scanned and Lhe seal was also crafLly made along wlLh resldenLlal address of !ammu and
kashmlr 8uL careful deLecLlon proved LhaL lL was all forged and made on Lhe lapLop
6 Andhra radesh 1ax Case
1he owner of a plasLlcs flrm ln Andhra radesh was arresLed and 8s 22 crore cash was recovered
from hls house by Lhe vlgllance ueparLmenL 1hey soughL an explanaLlon from hlm regardlng Lhe
unaccounLed cash 1he accused person submlLLed 6 vouchers Lo prove Lhe leglLlmacy of Lrade
buL afLer careful scruLlny of vouchers and conLenLs of hls compuLers lL revealed LhaL all of Lhem
were made afLer Lhe ralds were conducLed lL was revealed LhaL Lhe accused was runnlng flve
buslnesses under Lhe gulse of one company and used fake and compuLerlzed vouchers Lo show
sales records and save Lax 1hus Lhe dublous LacLlcs of Lhe promlnenL buslnessman from Andhra
radesh was exposed afLer offlclals of Lhe deparLmenL goL hold of compuLers used by Lhe accused
person
7 SonySambandhCom Case
A complalnL was flled by Sony lndla rlvaLe LLd whlch runs a webslLe called wwwsonysambandhcom LargeLlng
non 8esldenL lndlans 1he webslLe enables n8ls Lo send Sony producLs
Lo Lhelr frlends and relaLlves ln lndla afLer Lhey pay for lL onllne 1he company under