Cybercrime and the Indian IT ACT 2000

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In India, the ITA 2000 was enacted after the United Nation General Assembly Resolution $\mathrm{A} / \mathrm{RES} / 151 / 162$ in January $30,1997$ by adopting the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law. This was the first step toward the Law relating to E-Commerce at international level to regulate an alternative form of commerce and to give legal status in the area of E-Commerce. It was enacted taking into consideration UNICITRAL model of Law on Electronic Commerce 1996.

Hacking and the Indian Laws

Cybercrimes are punishable under two categories: the ITA2000 and the IPC. A total of 207 cases of cybercrime were registered under the IT Act in 2007 compared to 142 cases registered in 2006 . Under the IPC too, 339 cases were recorded in 2007 compared to 311 cases in 2006 . There are some noteworthy provisions under the ITA 2000 , which is said to be undergoing key changes very soon.

Section Ref. and Title	Chapters of the Act and Title	Crime	Punishment
Sec.43 (Penalty for damage to computer, computer system, etc.)	CHAPTER IX Penalties and Adjudication	Damage to computer system, etc.	Compensation for 1 crore
Sec. 66 (Hacking with computer system)	CHAPTER XI Offences	Hacking (with intent or knowledge).	Fine of 2 lakhs and imprisonment for 3 years
Sec. 67 (Publishing of information which is obscene in electronic form)	CHAPTER XI Offences	Publication of obscene material in electronic form	Fine of 1 lakh, imprisonment of 5 years and double conviction on second offence.
Sec. 68 (Power of controller to give directions)	CHAPTER XI Offences	Not complying with directions of controller.	Fine up to 2 lakhs and imprisonment of 3 years.
Sec. 70 (Protected system)	CHAPTER XI Offences	Attempting or securing access to computer of another person without his/her knowledge.	Imprisonment up to 10 years.
Sec. 72 (Penalty for breach of confidentiality and privacy)	CHAPTER XI Offences	Attempting or securing access to computer for breaking confidentiality of the information of computer.	Fine up to 1 lakh and imprisonment up to 2 years.
Sec. 73 (Penalty for publishing Digital Signature Certificate false in certain particulars)	CHAPTER XI Offences	Publishing false digital signatures, false in certain particulars,	Fine of 1 lakh. or imprisonment of 2 years or both.
Sec. 74 (Publication for fraudulent purpose)	CHAPTER XI Offences	Publication of Digital Signatures for fraudulent purpose.	Imprisonment for the term of 2 years and fine of 1 lakh

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