The Information Technology Act, 2000 was enacted for prevention and control of cyber crimes. The Information Technology Act is based on UNCITRAL ( United Nation’s Commission on International Trade Law)
The Information Technology Act, 2000 , came into force with effect from 17th October, 2000 it has been amended in 2008 and the amended act is effective from February 5, 2009. The rules under the Amended Act have also been framed, which became effective from October 27, 2009.
The salient features of the information technology Act, 2000 may briefly be stated as follows :–
1. The act provides legal recognition to e-commerce, which facilities commercial e-transactions.
2. It recognises records kept in electronic form like any other documentary records. In this way, at brings electronic transactions at per with paper transactions in documentary form.
3. The act also provides legal recognition to digital signatures which need to be duly authenticated by the certifying authorities.
4. Cyber law appellate tribunal has been set up to hear appeal against adjudicating authorities.
5. The provisions of the I.T. Act have no application to negotiable instruments, power of attorney, trust, will and any contract for sale or conveyance of immovable property.
6. The act applies to any cyber offence or contravention committed outside India by a person irrespective of his/her nationality.
7. As provided under section 90 of the Act, the state government may, by notification in ‘Official Gazette’ make rules to carry out the provisions of the act.
8. Consequent to the passing of this Act, the SEBI had announced that trading of securities on the internet Will be valid in india, but initially there was no specific provisions for protection of confidentiality and net trading. This lacuna has been removed by the IT(Amended) Act, 2008.
The development in information technology and electronic media have given rise to a new variety of computer related crimes are commonly called “Cyber Crimes”.
Definition of Cyber Crime : A cyber Crime may be defined as any criminal activity that uses a computer either as an instrumentality, target or means of perpetrating further crime. In another words, cyber crime is an unlawful act wherein the computer is either a toll or a target or both.
Cyber criminals have a major advantage; they can use computer technology to inflict damage without risk of being caught. Here are main reasons for cyber crime are as follows.
The main reasons may briefly be stated as follows :
1. The computer has the unique characteristic of storing data in a relatively very small space. This affords to derive and remove information either through physical or virtual medium more easily.
2. Computer are easy to access and therefore unauthorised access by the use of complex cyber space technology is easily possible by-passing security system.
3. The computer work on operating systems which are complex and are composed of millions of codes. The cyber offenders take advantage of the fallibility of human mind and penetrate into the computer system.
4. One of the significant features of computer system is that evidence is destroyed in no time. The criminals find it easy to destroy the evidence soon after the crime is committed which makes it difficult for the investigating agencies to collect relevant material evidence for prosecuting the offender.
5. Slightest negligence on the part of computer user in ensuring security of the computer system may lead to catastrophic consequences as the cyber criminal may gain illegal access and unauthorised control over the computer system to accomplish his evil design.