Contact Us Search This paper critically analyzes the legal provisions and case laws pertaining to revocation of a power of attorney.
Making digital signature technology neutral Defining reasonable security Case study on indian contract act to be followed by corporate Redefining the role of intermediaries Recognizing the role of Indian Computer Emergency Response Team Inclusion of some additional cyber crimes like child pornography and cyber terrorism Authorizing an Inspector to investigate cyber offenses as against the DSP earlier Structure of IT Act How is IT Act structured?
The Act totally has 13 chapters and 90 sections. The Act has chapters that deal with authentication of electronic records, electronic signatures etc. Elaborate procedures for certifying authorities and electronic signatures have been spelt out.
The civil offence of data theft and the process of adjudication and appellate procedures have been described. Then the Act goes on to define and describe some of the well-known cyber crimes and lays down the punishments therefore.
Then the concept of due diligence, role of intermediaries and some miscellaneous provisions have been described. What is the applicability of IT Act? The Act extends to the whole of India and except as otherwise provided, it also applies to any offence or contravention there under committed outside India by any person.
Rules and procedures mentioned in the Act have also been laid down in a phased manner, defined as recently as April For the sake of simplicity, here we will be only discussing the various penalty and offences defined as per provisions of ITA and ITAA Specific exclusion s to the Act where it is not applicable are: Negotiable instrument other than a cheque as defined in section 13 of the Negotiable Instruments Act, ; A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, ; A trust as defined in section 3 of the Indian Trusts Act, A will as defined in clause h of section 2 of the Indian Succession Act, including any other testamentary disposition What is a cyber crime?
Cyber Crime is not defined officially in IT Act or in any other legislation. In fact, it cannot be too. Offence or crime has been dealt with elaborately listing various acts and the punishments for each, under the Indian Penal Code, and related legislations.
Cybercrime in a narrow sense computer crime: Any illegal behavior directed by means of electronic operations that targets the security of computer systems and the data processed by them.
Cybercrime in a broader sense computer-related crime: Any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession and offering or distributing information by means of a computer system or network.
Any contract for the sale or conveyance of immovable property or any interest in such property; Any such class of documents or transactions as may be notified by the Central Government Cases Studies as per selected IT Act Sections Here are the case studies for selected IT Act sections. For the sake of simplicity and maintaining clarity, details on the IT Act sections have been omitted.
Kindly refer the Appendix at the last section for the detailed account of all the penalties and offences mentioned in IT Act.
Section 43 — Penalty and Compensation for damage to computer, computer system, etc Related Case: These employees were not authorized to obtain the PINs.
In association with others, the call centre employees opened new accounts at Indian banks using false identities. Within two months, they used the PINs and account information gleaned during their employment at MphasiS to transfer money from the bank accounts of CitiGroup customers to the new accounts at Indian banks.
By Aprilthe Indian police had tipped off to the scam by a U. Court held that Section 43 a was applicable here due to the nature of unauthorized access involved to commit transactions. Syed Asifuddin and Ors.
The State of Andhra PradeshIn this case, Tata Indicom employees were arrested for manipulation of the electronic bit number ESN programmed into cell phones theft were exclusively franchised to Reliance Infocomm.
Court held that tampering with source code invokes Section 65 of the Information Technology Act. Section 66 — Computer Related offenses Related Case: The CBI had registered a cyber crime case against Kumar and carried out investigations on the basis of a complaint by the Press Information Bureau, Chennai, which detected the unauthorised use of broadband Internet.
Section 66A — Punishment for sending offensive messages through communication service Relevant Case 1: The said complaint stated that president house has nothing to do with the facebook and the fake profile is misleading the general public.
Bomb Hoax mail Ina year-old Bangalore teenager was arrested by the cyber crime investigation cell CCIC of the city crime branch for allegedly sending a hoax e-mail to a private news channel.
In the e-mail, he claimed to have planted five bombs in Mumbai, challenging the police to find them before it was too late. Section 66C — Punishment for identity theft Relevant Cases:DescriAnswer all 4 questions.
HA Business Law, Tri 3, 1. Margaret owned an antique store that specialised in rare porcelain dolls. When she opened the business in , it was at a shop in an eastern suburb of Melbourne. Under the Indian Contract Act, there is no special provision regarding the term ‘vicarious liability’.
But the Act defines certain terms such as ‘principal’, ‘agent’ as well as various provisions relating to the principal and agent as well as their duties and liabilities. ICMR regularly updates the list of free cases.