UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES

DEHRADUN

Cyber Law: Law and Enforcement

Submitted To-

Submitted By-

Ms.Akanksha Singh

Mr.Ashutosh Verma

Assistant Professor

R120213009

College Of Legal Studies

500030428

U.P.E.S

B.Tech C.S+LLB
(cyber law)

ACKNOWLEDGEMENT

This project would not have been accomplished without the assistance and guidance of
University of Petroleum &Energy Studies.
I, ASHUTOSH VERMA, a student of Int. B.Tech in Computer Science Engineering + LLB
(Hons.) with Specialization in Cyber Laws VII Semester feel a great pleasure in writing this
project on Cyber Law: Law and Enforcement obliged to our teacher for project & helping us
in every prospect.
This work would not have been completed without the blessing of our Parents. I am also grateful
to my parent who has assisted me in formulating the structure of this project. I would also like to
thanks all my friends & to the librarian of college of legal studies who have also helped me in
my project.

INDEX
Introduction..1
Cyber Law2
Need for Cyber Law.4
Cyber Crimes7
Cyber Offences.8
Jurisdiction9
Enforcement of Cyber Law..10
Cases..11
Conclusion.13
References.14

Introduction
"Cyber" is a preface used to explain a person, thing, or idea as part of the computer and
information age. The practical world of internet is known as cyberspace and the laws governing
this area are known as Cyber laws and all the citizens of this space come under the sphere of
these laws as it carries a kind of universal jurisdiction. Cyber law can also be described as that
division of law that deals with legal issues associated to use of inter-networked information
technology. In short, cyber law is the law governing computers and the internet.
The growth of Electronic Commerce has driven the need for vibrant and effective regulatory
mechanisms which would further strengthen the legal infrastructure, so crucial to the success of
Electronic Commerce. All these regulatory mechanisms and legal organizations come within the
domain of Cyber law.
Cyber law is important because it traces almost all aspects of transactions and activities on and
relating the internet, World Wide Web and cyberspace. Every single action and reaction in
cyberspace has certain legal and cyber legal perspectives.
Cyber law encompasses laws relating to
Cyber crimes
Electronic and digital signatures
Intellectual property
Data protection and privacy

Cyber Law
Cyber Law is the law looking after cyber space. Cyber space is a very extensive term and
comprises of computers, networks, software, data storage devices (such as hard disks, USB disks
etc.), the Internet, websites, emails and even electronic devices such as cell phones, ATM
machines etc.1
Law involves the rules of conduct:
1. That have been agreed by the government, and
2. Which are in power over a certain territory, and
3. Which must be followed by all persons on that region.
Desecration of these rules could lead to government action such as captivity or fine or an order to
pay compensation.
Cyber law includes laws relating to:
1. Cyber Crimes
2. Electronic and Digital Signatures
3. Intellectual Property
4. Data Protection and Privacy
Cyber-crimes are illicit acts where the computer is used either as a tool or a target or both. The
massive growth in electronic commerce (e-commerce) and online share dealing has led to a
remarkable spurt in incidents of cyber-crime.2
Electronic signatures are used to validate electronic records. Digital signatures are a type of
electronic signature. Digital signatures gratify three major legal requirements signer
Authentication, message authentication and message integrity. The technology and competence
of digital signatures makes them more trustworthy than hand written signatures.
1 Introduction to Indian Cyber Law,available at
https://dict.mizoram.gov.in/uploads/attachments/cyber_crime/intro-indian-cyberlaw.pdf
2 ibid

Intellectual property denotes to creations of the human mind e.g. a story, a song, a painting, a
design etc.3
Data protection and privacy laws aim to attain a rational balance between the privacy rights of
the individual and the interests of data controllers such as banks, hospitals, email service
providers etc. These laws pursue to address the challenges to privacy initiated by collecting,
storing and transmitting data using new technologies.4

3 Supra n.1
4 ibid

Need for Cyber law

In todays techno-savvy situation, the world is becoming more and more digitally cultured and so
are the crimes. Internet was originally developed as a research and information delivery tool and
was in a easygoing manner. As the time passed by it became more transactional with e-business,
e-commerce, e-governance and e-procurement etc. All legal issues associated to internet crime
are dealt with through cyber laws. As the figure of internet users is on the rise, the need for cyber
laws and their application has also collected great momentum.5
In today's extremely digitalized world, nearly everyone is exaggerated by cyber law. For
example:
Almost all of the transactions in shares are in demat form.
Almost all of the companies approximately depend upon their computer networks and keep
their valued data in electronic form.
Government forms comprising income tax returns, company law forms etc. are now filled in
electronic form.
Consumers are progressively using credit cards for shopping.
Most people are adopting email, cell phones and SMS messages for communication.
Even in "non-cyber-crime" cases, significant proof is found in computers / cell phones e.g. in
cases of divorce, murder, kidnapping, tax evasion, organized crime, terrorist operations,
counterfeit currency etc.
Cyber-crime cases such as online banking frauds, online share trading fraud, source code
theft, credit card fraud, tax evasion, virus attacks, cyber sabotage, phishing attacks, email
hijacking, denial of service, hacking, pornography etc. are becoming common.

5 Introduction to Indian Cyber Law,available at

https://dict.mizoram.gov.in/uploads/attachments/cyber_crime/intro-indian-cyberlaw.pdf

 Digital signatures and e-contracts are fast substituting conventional methods of transacting
business.
Technology per se is never a doubtful issue but for whom and at what cost has been the issue in
the influence of governance. The cyber revolution holds the potential of quickly reaching the
common people as opposed to the earlier technologies, which had a trickledown effect. Such a
promise and potential can only be understood with an appropriate legal establishment based on a
given socio-economic matrix.6
India has a tremendously detailed and well-defined legal system in place. Frequent laws have
been sanctioned and applied and the foremost amongst them is The Constitution of India. The
entrance of Internet signaled is the beginning of the growth of new and complex legal issues. It
may be relevant to mention that all the existing laws in place in India were enacted way back
keeping in mind the applicable political, social, economic, and cultural situation of that relevant
time. Nobody then could really imagine about the Internet. Despite the brilliant insight of our
master draftsmen, the supplies of cyberspace could hardly ever be anticipated. As such, the
coming of the Internet led to the emergence of numerous delicate legal issues and problems
which required the enactment of Cyber laws.
The present laws of India, even with the most compassionate and liberal clarification could not
be interpreted in the light of the developing cyberspace, to include all aspects concerning to
different activities in cyberspace. In fact, the real-world experience and the wisdom of judgment
found that it shall not be without major dangers and drawbacks, if the existing laws were to be
understood in the scenario of emerging cyberspace, without ratifying new cyber laws. Hence, the
need for representation of relevant cyber laws.
None of the prevailing laws gave any legal validity or authorization to the activities in
Cyberspace. For in our country, there is no law in the country, which provides legal legitimacy,
and sanction to email. Courts and judiciary in our country have been unwilling to grant judicial
recognition to the legality of email in the absence of any specific law having been passed by the
Parliament. As such the need has arisen for Cyber law.7

6 Supra n.5

Internet requires a permitting and reassuring legal infrastructure in tune with the times. This legal
infrastructure can only be given by the portrayal of the relevant Cyber laws as the traditional
laws have failed to grant the same. E-commerce, the major future of Internet, can only be
promising if necessary legal infrastructure salutations the same to enable its vibrant growth.
All these and other varied deliberations created a encouraging atmosphere for the need for
enacting relevant cyber laws in India8

7 ibid
8Akanksha Malhotra, Legal Service India - Cyber Crime And Law - Indian
Perspective,available at http://www.legalserviceindia.com/article/l146-Cyber-CrimeAnd-Law.html

CYBER CRIMES / CYBER FRAUDS

The Internet has turn into a basic fact of everyday life for millions of people worldwide, from email to online shopping. Ever faster and more manageable connections available on a wider
range of stages, such as mobile phones or person to person portable devices, have urged new ecommerce opportunities. Online shopping and banking are progressively widespread and over
the next 10 years, the Net is projected to become as common as gas or electricity. The invention
of the computers has opened new avenues for the fraudsters. It is an evil having its foundation in
the growing dependency on computers in modern life.9
Fraud is the intentional dishonesty of a person or group for the purpose of stealing property or
money. Internet fraud comprises any scheme using Web sites, chat rooms, and email to offer
unreal goods and services to consumers or to communicate false information to consumers.
Customers then pay for the deceitful goods over the Internet with their credit cards. Internet
fraud involves a wide diversity of schemes limited solitary by the imagination and creativity of a
seller determined on deceiving a buyer. A few common characteristics one can find in all cyber
scams. Most scams are done by e-mail. They lure users to give them critical information like
usernames, passwords, credit card information, or other types of account information.10
Cyber fraud has the potential of deterring the economic and social development of any nation.
This is because among other awful consequences, foreign investment is seriously discouraged.
Cyber fraud can also end our good and morally sound culture. This is because the youth will no
longer work but route to that means to earn their living.11

9 TarunPare,Introduction to Cyber Law,available at

http://www.techvyom.com/forum/Thread-Introduction-to-Cyber-Law.
10 OVERVIEW OF CYBER LAWS IN INDIA,available at http://www.caaa.in/Image/cyber
%20laws%20overview.pdf
11 Supra n.10.

Cyber Offences
Cyber offences are the illegal actions, which are carried out in a elegant manner where either the
computer is the tool or target or both.
The offences included in the I.T. Act 2000 are as follows
Damaging with the computer source documents.
Hacking the computer system.
Publishing of obscene information in electronic form.
Penalty for misrepresentation.
Penalty for breach of confidentiality and privacy.
Penalty for publishing Digital Signature Certificate false in certain particulars.
Publication for fraudulent purpose.
Act to apply for offence or contravention committed outside India Confiscation.
Penalties or confiscation not to interfere with other punishments.
Power to investigate offences.12

12 Offences & Penalties,available at

https://www.tutorialspoint.com/information_security_cyber_law/offences_and_penalti
es.htm.

Jurisdiction
If a crime is committed on a computer or computer network in India by a person inhabitant
outside India, then can the offence be tried by the Courts in India?
According to Sec.1 (2) of Information Technology Act, 2000, the Act encompasses to the whole
of India and also applies to any offence or contravention committed outside India by any person.
More, Sec.75 of the IT Act, 2000 also indicates about the applicability of the Act for any offence
or contravention committed outside India. According to this section, the Act will apply to an
offence or contravention committed outside India by any person, if the act or conduct
constituting the offence or contravention involves a computer, computer system or computer
network located in India.13
A Police officer not under the rank of Deputy Superintendent of Police should merely investigate
any offence under this Act. (Sec.78 of IT Act, 2000). Without a duly signed extradition treaty or a
multilateral cooperation arrangement, hearing of such offences and conviction is a difficult
proposition.

13 Subhash Bhatnagar,INFORMATION TECHNOLOGY IN DEVELOPING COUNTRIES,

Volume 14, No. 3, December 2004,available at
http://www.iimahd.ernet.in/egov/ifip/dec2004/dec2004.pdf

Enforcement of Cyber law

Opposing cyber-crime involves a mix of strategies. Think of it as a three-legged stool,
encompassed of legal remedies, technology and practical experience that work together to avoid
attacks like password breaches and online fraud.
The goal needs to be triumph the very bad guys at the top of the chain and preventing them
before they strike.
The first leg signifies law enforcement. Existing laws and the roles of federal and local officials
need to progress to meet the growing cyber threats.
Technology that delivers deep layers of protection is another leg. Real-time intelligence is key to
attack prevention.
The final leg symbolizes real-world experience - people involved in the fight that know and
understand the behavior of the criminals as the bad guys are smart and getting smarter. And they
are very good at covering their tracks.14
To investigate and prosecute cyber-crime, law enforcement organizations need expert
investigators, up-to-date computer forensic examiners and prosecutors with cyber-crime
knowledge.

14 S.H. Foss Jr., COO, NorseCorp, Limitations of law enforcement in fighting cyber
crime, July 18, 2012,avail at, https://www.scmagazine.com/limitations-of-lawenforcement-in-fighting-cyber-crime/article/543476/.

According to federal and state law implementation officials, the pool of qualified candidates is
limited because those inspecting or observing cyber-crime must be highly trained specialists,
demanding detective and technical skills, including knowledge of various IT hardware and
software, and forensic tools.15CASE

LAWS

i) State of Tamil Nadu Vs. Suhas Katti

The Case of Suhas Katti is famous for the fact that the opinion was achieved successfully within
a comparatively quick time of 7 months from the filing of the FIR. Considering that similar cases
have been awaiting in other states for a much longer time, the effectual handling of the case
which occurred to be the first case of the Chennai Cyber Crime Cell going to trial justifies a
special mention.
The case allied to posting of obscene, defamatory and annoying message about a divorcee
woman in the yahoo message group. E-Mails were also sent to the victim for information by the
accused over a false e-mail account opened by him in the name of the victim. The posting of the
message caused in annoying phone calls to the lady in the faith that she was soliciting.
Judgment
" The accused is found guilty of offences under section 469, 509 IPC and 67 of IT Act 2000 and
the accused is condemned and is sentenced for the offence to undergo RI for 2 years under 469
IPC and to pay fine of Rs.500/-and for the offence u/s 509 IPC sentenced to undergo 1 year
Simple imprisonment and to pay fine of Rs.500/- and for the offence u/s 67 of IT Act 2000 to
undergo RI for 2 years and to pay fine of Rs.4000/- All sentences to run simultaneously."
This is considered as the first case condemned under Section 67 of Information Technology Act
2000 in India.16

15 ULF WOLF, Cyber-Crime: Law Enforcement Must Keep Pace With Tech-Savvy
Criminals, JANUARY 27, 2009,avail at, http://www.govtech.com/dc/articles/CyberCrime-Law-Enforcement-Must-Keep-Pace.html?page=1.
16 State of Tamil Nadu Vs. Suhas Katti

ii) Syed Asifuddin and Ors. V. The State of AP. & Anr., 2005CriLJ4314
Tata Indicom employees were under arrest for manipulation of the electronic 32-bit number
(ESN) programmed into cell phones that were solely permitted to Reliance Infocomm. The court
held that such manipulation lead to tampering with computer source code as visualized by
section 65 of the Information Technology Act, 2000. Reliance Infocomm propelled a scheme
under which a cell phone subscriber was given a digital handset worth Rs. 10,500/- as well as
service package for 3 years with an initial payment of Rs. 3350/- and monthly outflow of Rs.
600/-The subscriber was also provided a 1 year warranty and 3 year insurance on the handset.
The condition was that the handset was technically locked so that it would only work with the
Reliance Infocomm services. If the customer desired to leave Reliance services, he would have
to pay some charges comprising the true price of the handset. Following were the observations of
the Court
As per section 2 of the Information Technology Act, any electronic, magnetic or optical
device used for storage of information established through satellite, microwave or other
communication media and the devices which are programmable and proficient of retrieving any
information by manipulations of electronic, magnetic or optical impulses is a computer which
can be used as computer system in a computer network.
The instructions or programs given to computer in a language recognized to the computer are
not seen by the users of the computer/consumers of computer functions. This is known as source
code in computer idiom.
ESN and SID come under the definition of "computer source code" under section 65 of the
Information Technology Act.
When ESN is changed, the offence under Section 65 of Information Technology Act is
concerned because every service provider has to maintain its own SID code and also give a
customer specific number to each gadget used to avail the services provided.17
iii) SMC Pneumatics (India) Private Limited v. Jogesh Kwatra

17 Syed Asifuddin and Ors. V. The State of AP. & Anr., 2005CriLJ4314

A companys employee started sending critical, defamatory and obscene emails about companys
Managing Director. The emails were unidentified and regular and were sent to many companys
business associates to smudge the image and goodwill of the company. The accused was
recognized by the company by the private computer expert. Delhi High Court granted a ban and
restrained the employee from sending, publishing and transmitting emails that are defamatory or
derogatory to the plaintiffs.18

Conclusion
Over the years vast changes have occurred in the technology which has given a sudden rise to
cyber-crimes. It is necessary to make laws relating to cyber-crimes and its more important to
enforce those laws is every possible manner. The laws made should not be too rigid or too
flexible as there as sudden changes taking place in terms of technology, so laws must not be in
contradiction to those changes.

18 SMC Pneumatics (India) Private Limited v. Jogesh Kwatra

References

https://dict.mizoram.gov.in/uploads/attachments/cyber_crime/intro-indian-cyber-law.pdf

https://www.academia.edu/14390571/The_challenges_to_enforcement_of_cybercrime_la
ws

http://www.iimahd.ernet.in/egov/ifip/dec2004/dec2004.pdf

http://www.legalserviceindia.com/article/l146-Cyber-Crime-And-Law.html

http://www.govtech.com/dc/articles/Cyber-Crime-Law-Enforcement-Must-KeepPace.html?page=1.

http://www.techvyom.com/forum/Thread-Introduction-to-Cyber-Law.