In growing era of Computers and Internet technology, the legal issues, disputes and offences relating thereto have substantially increased. The offences of data piracy, hacking, unauthorized data mining, mirroring, pornography etc. and issues relating to the legal sanctity of electronic communication and data are all matters of concern.
With the realization to regulate the use of electronic communication commonly referred as ‘electronic commerce” parliament has codified into law, The Information Technology Act, 2000. Under the act, the following are offences giving rise to civil and penal consequences: -
- accesses or secures access to such computer, computer system or computer network;
- downloads, copies or extracts 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;
- damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network;
- disrupts or causes disruption of any computer, computer system or computer network;
- denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means;
- provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made thereunder;
- 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,
- sending any information through computer that is grossly offensive and disrupts the character of any person;
- sending information through computer that is false and cause annoyance, insult or injury;
- sending electronic mail for deceiving or causing annoyance to the a person;
- capturing, publishing, or transmitting images of a private area of any person;
- cheating by personation;
- an act by computer means, which would threat the integrity, sovereignty, security and unity of India;
- cyber terrorism.
Proof of any of the act done above, would lead to a penalty on the offender upto Rs. 1 Crore, together with imprisonment upto 3 years and further fine of Rs. 2 lack. Under the Act, Adjudication Authority is constituted which adjudicates upon the contravention of the provision of the Act. There is a remedy of appeal against the order of Adjudication Authority i.e. Cyber Appellate Tribunal i.e. CAT.
To give legal sanctity to electronic commerce, certifying authorities issue digital certificate to users, which are normally regulated by Controller of Certifying Authority. Corresponding amendments are made in Evidence Act, Indian Penal Code, Bankers Book Evidence Act, RBI Act, to give legal reorganization to electronic commerce.
We extensively practice cyber law and possess in-depth technical knowledge / qualification about the subject, which gives us strong footing in understanding and resolving the issue involved. We appear before the Adjudicating Authority and Cyber Appellate Tribunal in matters relating to cyber crime complaints and adjudications.
We have successfully represented clients in the following issues involving cyber crime and information technology law
- Software Development Agreement Breach
- Online Defamation
- Online Copyright Infringement Cases
- Online Trademark Infringement Cases
- Domain Name Dispute Resolution
- Identity Theft & Impersonation Issue
- Credit Card Frauds
- Cyber Terrorism
- Pornographic Related Issues
- Website Terms and Conditions Breach
- Data Piracy
- E-Commerce Disputes
We can ably assist / represent you in all your issues concerning Information Technology Law.
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CONTACT US to get free analysis and preliminary advise on Cyber Crime and Information Technology Law Issues.
