Upgrad LLM

i am a law student..... urgent doubt regarding it act 2000


Dear learned Advocate friends,

I am a third year law student at Patna. I am aspiring to become a good cyber crime lawyer. 

Tomorrow I have to make a seminar presentation regarding the Information Technology Act. If possible can you give the following answers?

1. From When Information Technology Amendment Act 2008, is functional in India.

2. If new cyber crime cases are booked, should it be booked under IT act 2000 or IT amendment act 2008?

3. Is IT amendment act 2008, retrospective. ( Suppose a cyber crime case is booked in 2003 under section 67 of IT act 2000, now say for example if it is coming to High court for Bail cancellation for the accused, Should the High court take into consideration of the IT amendment act 2008, which reduced the punishment for section 67 to three years maximum (from five years) and made offences punishable with 3 years punishment as bailable?)

Can you please help me with this. Thanks in advance.

Regards,

k.Anjali Sharma

some relevant cases in internet.

http://www.dubbagol.com/News/Municipal_Councillor_-ex_caught_clicking_obscene_women_photos/

"Sayyed has been booked under Section 66 E (C) of Information Technology (Amendment) Act, 2000.

http://www.outlookindia.com/article.aspx?239075

"Now, it is learnt that the government is reducing penalties further and making it a bailable offence. Currently, the punishments range from 3-10 years and are non-bailable. That could be inviting trouble."

http://timesofindia.indiatimes.com/NEWS/India/Email-to-Prez-lands-boy-in-soup/articleshow/4839941.cms

"Delhi Police arrested Avinash and released him on bail as the offence is bailable. "

http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=528c482a-5240-422a-8aea-82de3d00d6a1

"Bajaj said in his petition that since section 67 of the Act does not define the term obscenity" -----so is there a chance for a judgement that section 67 be scrapped altogether since obscenity is not defined

 
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Hi Anjali,

I would like to answer your issue no. 3.

 

Though indian constitution prohibits the retrospective application of criminal laws, if it is beneficial to the accused, then same can be valid. refer Article 20(1) of indian constitution, and exemptions for the same, also refer to the beneficiary rule of statutory interpretation. below link also could be helpful.

http://www.legalserviceindia.com/article/l293-Ex-Post-Facto-Laws-and-Indian-Legal-Scenario.html

 

 
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law officer

the amendment act 2008 has not been notified till the date of its taking effect is notified by govt. in official gazette the amendment act will not take effect (see section 1(2) of the amendment act published in official gazette on 5.2.09) till such notified date is decided and publ;ished IT act 2000 shall govern the field

 

in view of above rest of queries  are of academic interest however to clarify even after amendment new cases will be booked under IT Act 2000 ( as amended from time to time) being the original act and shall have prospective effect unless otherwise so provided in the amendment act itslef.

 
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 Dear Friends,

The information Technology Amendment Act 2008 has been notified on 5 Feb 2009 and had been updated in mit.gov.in website. The Amended Act is now in force in India from 5 Feb  2009. 

In this news TOI article,

http://timesofindia.indiatimes.com/articleshow/4839534.cms

the Gujarat Police had arrested him only under the Section 66 E (C) of Information Technology (Amendment) Act.

So there is no doubt the Amended law is enforced already.

 
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I am 100 percent sure that the IT Amendment Act 2008 is notified and is in enforcement now. See this page http://electronicaudit.in/about.php where it says "These auditing are absolutely essential since this has become the mandatory requirement of law after the passing of the Information Technology (Amendment) Act 2008 which was notified on February 5, 2009."
 
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CyberLaw IPR Consumer software piracy hacking data theft EOW financial crimes trade mark copyright IPR

1. The  IT Amendment Act 2008 has been notified on 5 Feb 2009 , I have uploaded for everyobody's usage

2. new cyber crime cases are already booked under  IT amendment act 2008

3. IT amendment act 2008 is prospective and offences punishable from 5 feb 2009 under it only

As some Good news are carried in amendments some bad are like The Compensation limit is Removed from 1 Crore rupees and now it depends upon the Court & Judge to decide..Very risky

Thanks

PRashant Mali

IT SEcurity & CyberLaw Consultant

 
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CyberLaw IPR Consumer software piracy hacking data theft EOW financial crimes trade mark copyright IPR

Some of the changes which should be noted

Section 2(ha) added to define "Communication Device"

Cellphones, PDAs etc are specifically brought under ITA 2000 though these were considered part of the definition of "Computer". The use of the term "any other device used to communicate, send or transmit" extends the definition to ATMs or Credit Card swiping devices etc.

S(46) : The powers of the Adjudicator limited for claims upto RS 5 crores. Civil Court's authority introduced for claims beyond Rs 5 crores

66F: Cyber Terrorism

Provides Life Sentence, This is the first time ever any wher cyber terrorism is defined

New Section 67B introduced to cover Child Pornography with stringent punishment. Imprisonment 5 or 7 years and fine RS 5 or 10 lakhs for first and subsequent instances respectively. Also covers "grooming" and self abuse

**** S(78)Power to investigate any cognizable offence vested with Inspectors instead of DSPs

84 B  introduced to make "abetment" punishable as the offence itself

84 C: introduced to make an "attempt to commit an offence" punishable with half of the punishment meant for

 

 
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law officer

mr. mali kindly see the gazette notofication dated 5.2.09  especially section 1(2) u will get the answer whether act has been notified or not

 
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Mr. Phrashanth Maali, I think Mr. Rajesh is correct in his saying that IT Act has not yet been amended. It is not yet notified. I am in internet service provider business for last 5 years. I know these things pakka. Mr. Maali, I see in your photo that you have nothing outside your head. Now I feel that you have nothing inside your head too. (just kidding) . Please dont misguide the members of this reputable website.
 
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CyberLaw IPR Consumer software piracy hacking data theft EOW financial crimes trade mark copyright IPR

Arey Cybercafe does not mean Internet Service Provider, .  when i saw such stupid language i thaught i woul see ur profile u dont what ISP means . please learn first

and please check www.mit.gov.in

 
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