Cambridge Dictionary defines the word cyber as a prefix, which relates to involving using or work relating to computer especially the Internet .With the passage of time computers and the Internet a source of electronic media are being used for contributing information and to do day to day work and has become faster tool than other sources used, as the print and the voice media.
Earlier we all looked mostly to the newspapers for giving and gaining of Information ,as it is used virtually by all and specially by the business class in propagating its product ,giving information regarding their incoming product and even its launching in the market .The government uses it for giving information to the people regarding its decision, policy, and employment services etc.
An independent media is recognized by its quality of information rendered by it, using the freedom guaranteed to it by the Indian Constitution, the freedom of media is covered under the freedom of expression if every citizen as guaranteed under article 19(1)(a) of the Indian constitution as a fundamental right, but the said right is subject to certain restriction like if it violates the norms set by the government or the law and the publishers can be punished accordingly .If a person feels defamed or he feels that his right to privacy, as derived from the right to life as enshrined in Article 21 of the Indian constitution has been affected he may file a case against the author, publisher etc. in a proper court as provided under the law.
The increase of according and exchanging of information, using the electronic media and its misuse and overall no specific legislation to control the crime ,book the criminals and to protect the rights of the people the right of the people ,a serious thought was given and THE INFORMATION TECHNOLOGY ACT,2000 received the assent of the President on the 9th June ,2000 and is extend to the whole of India and it applies also to any offence or contravention thereunder committed outside India by any person.
It is a law to provide legal recognition for transaction carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “Electronic Commerce”, which involve the use of alternative to paper -based method of communication and storage of information ,to facilitate electronic filing of document with the government agencies and further to amend the Indian Penal Code ,the Indian Evidence Act,1872,the Banker ‘Books Evidence Act,1891 and the reserve bank of India act ,1934 and for matter connected therewith or incidental thereto was enacted.
THE INFORMATION TECNOLOGY ACT ,2000
As the above discussion law THE INFORMATION TECNOLOGY ACT ,2000,vide chapter IX imposes penalties vide section 43 imposes penalty if nay person without permission of the owner or any other person who is incharge of the computer ,computer system or computer network.
(a)accesses or secure access to such computer ,computer system or computer network
( download, copies or extract any data ,computer data base or information from such computer ,computer system or computer network including information or data held or stored in any removable storage medium
©introduces or causes to be introduced any computer contaminant or computer virus into any computer ,computer system or computer network:
(d)damages or causes to be damages any computer ,computer system or computer network ,data, computer data base or any other programmes residing in such computer ,computer system or computer network.
(e)disrupt or causes disruption of any computer,computer system or computer network
(f)denies or causes the denial of access to any person authorised to access any computer ,computer system or computer network by any means .
(g)provides any assistance to any person to facilitate access to a computer ,computer system or computer network in contravention of the provision of this Act, rules or regulations made thereunder.
(h)charges the services availed of by a person to the account of another person by tampering with or manipulating any computer ,computer system ,or computer network ,he shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected .for the purpose this section the computer contaminant .computer data base .computer virus and damage has been explained .
The Act vide section 44, imposes penalty for failure to furnish information return ,etc.
If any person who is required under this Act or any rules or regulations made thereunder to –
(a)furnish any document ,return or report to the controller or /the certifying Authority fails to furnish the same ,he shall be liable to a penalty not exceeding one lakh any fifty thousand rupees for each such failure;
(b)file any return or furnish any information, books or other document within the time specified therefore in the regulation fail return or furnish the same within the time specified therefore in the regulation ,he shall be liable to a penalty not exceeding five thousand rupees for every during which such failure continues
©maintain books of account or records, fails to maintain the same, he shall be liable to a penalty not exceeding ten thousand rupees for every day during which the failure continues.
Section 45 of the Act speaks about Residuary penalty
and states that whoever contravenes any rules or regulation made under this Act ,for the contravention of which no penalty has been separately provided, shall be liable to pay a compensation not exceeding twenty -five thousand rupees to the person affected by such contravention or a penalty not exceeding twenty-five thousand rupees.
Now the question arises is how the cases arising under the law is to adjudicated ,section 46 empowers the central government to appoint any officer not below the rank of a director to the government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government, who will have the powers of a civil court which are conferred on the Cyber Appellant Tribunal under sub-section (2) of section 58 ,and -(a)all proceeding before it shall be deemed to be judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code;(b)shall be deemed to be a Civil Court for the purposes of sections 345 and 346 of the Code of Criminal Procedure,1973.
The law also specific under Section 47,factor to be taken into account by the adjudicating officer while
adjudging the quantum of compensation under this chapter ,i.e.
(a)the amount of gain of unfair advantage, whenever quantifiable, made as a result of the default;
(b)the amount of loss caused to any person as a result of the default;
©the repetitive nature of the default and a person aggrieved by the order may file an appeal to cyber appellate tribunal .over all any appeal to the appeal to the high court within sixty days from the date of communication of the decision or order of the cyber Appellate Tribunal to him .
As noticed above cyber law speaks about the electronic media and controls it as the other laws control the other source of the media as the print and voice media. The police under this law also has the power to search as seizure.
Further under this law also penalty is imposed for publishing of information which is obscene, misrepresentation , breach of confidentiality and privacy ,publication for fraudulent purpose ,along with tampering with computer sources documents. Hacking with computer system and it also allows confiscation of such electronic goods and documents.
Section 61 ,bars the Civil Court to entertain any suit or proceeding in respect of any matter which an adjudicating officer under this Act or the cyber appellate tribunal constituted under this Act is empowered by or under the Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act .
Compounding of contraventions is permissible provided that such shall not ,in any case ,exceed the maximum amount of the penalty which may be impose under this Act for the contravention so compounded and shall not apply to a person who commits the same or similar contravention within a period of three year from the date on which the first contravention ,committed by him, was compounded and a recovery of penalty under this Act ,if it is not paid ,shall be recovered as an arrear of land revenue and the license or the digital signature certificate, as the case may be, shall be suspended till the penalty is paid.