it act 2000 defined

8/19/2019 it act 2000 defined

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Table of cases

Shreya Singhal v. Union of India 2015

Bengal Immunity co. V. state of Bihar, das

State Of amil !adu v"s Suhas #atti $200%&

!asscom vs. '(ay Sood ) Others

San(ay #umar vs State Of *aryana on 10th +an, 201 - !o.// of 201

$O)& 1

'vnish Ba(a( v State $!.-..& of elhi $2005& -om 3+ /% $el&

4atima isana v. State e. 6y '-7., -hennai ) Ors 'I 2005 812.

S.Se9ar v he 7rincial :eneral anager $elecom& $B.S.!.3.&

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Jurisprudence of cyber law

+urisrudence studies the concet of la and the effect of social norms and

regulations on th develoment of la. (urisrudence refer to to different things

$1& the hilosohy of la, or legal theory

$2& case la

3egal theory does not study the characteristics of la in a articular country$eg. india

or canada& 6ut studies la in general i.e those attri6utes common to all legal system.

3egal theories studies ;uestions such as<

• hat is la and legal system=

• *o should e understand concets li9e legal rights and legal o6ligations or

duties

• hat is roer function of la=

• >hat sort of acts should 6e su6(ect to unishment and hat sorts of

unishment should 6e ermitted=

• oes every society have a legal system=

• hat is (ustice=

• hat rights do e have=

• Is there a duty to o6ey the la=

• hat value does the rule of la have=

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here are various theories in legal (urisrudence. 'ccording to the natural la theory

of (urisrudence, all las enacted 6y an authority must closely corresond to natural

la, hich is 6ased on morality and the concet of ?general goods?. 3as rohi6iting

or regulating child ornograhy have emerged from the fact that in general human 6eing find this tye of ornograhy against u6lic morality and decency.

'ccording to legal ositivism las are made in accordance ith socially acceted

rules. his vie 6elieves that las may see9 to enforce (ustice, morality, or any other

normative end, 6ut their success or failure in doing so does not determine their

validity. his vie 6elieves that la is nothing more than a set of rules to

provide order and governance in society.

It as esta6lished ay in 1@5% in Angland that

"......... for the sure and true interpretation of all Statutes in general (be they penal orbeneficial, restrictive or enlarging of the common law) four things are to be discerned and considered :-

1st. hat was the common law before the ma!ing of the ct.,

#nd. hat was the mischief and defect for which the common law did not provide.,

$rd. hat remedy the %arliament hath resolved and appointed to cure the disease of

the &ommon wealth., and

'th. he true reason of the remedy and then the office of all the *udges is always toma!e such construction as shall suppress the mischief, and advance the remedy, andto suppress subtle inventions and evasions for continuance of the mischief, and pro

privato commodo, and to add force and life to the cure and remedy, accordingto the

true intent of the ma!ers of the ct, probono publico".

-ase la is the la that is esta6lished through the decisions of the courts and other

officials. -ase la assumes even greater significance hen the ordings of a

articualr la are am6iguos. the interretation of the courts hels clarify the real

o6(ectives and meaning of such las.

State decisis $hat is ta9en from the lating hrase stare decisis et ;uieta movere hich

means maintain hat has 6een decided and do not alter that hich has 6een

esta6lished& is the legal rincile 6y hich (udges are o6liged to o6ey the recedents

esta6lished 6y rior decisions.

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he relevance of the rincile of stare decisis has 6een discussed 6y many courts.

In Bengal Immunity co. V. state of Bihar, das

here is nothing in our &onstitution which prevents us from departing from a previousdecision if we are convinced of its error and its baneful effect on the general interests

of the public

What is cyber law

In order to arrive at an acceta6le definition of the term cy6er la, e must first

understand the meaning of term la.

Simly ut, encomasses the rule of conduct that have 6een aroved 6y thegovernment and hich are in force over a certain territory and hich must 6e o6eyed

6y all ersons on that territory. Violation of these rules ill lead to government action

such as imrisonment or fine or an order to ay comensation.

he term cy6er or cy6ersace has today come to signify everything related to

comuters, the internet, e6sites,data,emails,netor9, softare, data storage

devices$such as hard dis9s, us6 dis9s etc& and even electronics devices such as cell

hones,' machines etc. thus a simlified definition of cy6er la is that it is the

3a governing cy6er sace. he issues addrsses 6y cy6er la includes<

• -y6er crime

• Alectronic commerce

• Intellectual roerty in as much as it alies to cy6ersace

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• ata rotection and rivacy

he first comrehensive international effort dealing ith the criminal la ro6lems of

comuter crimes as initiated 6y the O:'!IS'IO! 4O A-O!OI- -OCO7A'IO! '! AVA3O7A! $OA-&

he minimum list of offences for hich uniform criminal olicy on legislation

concerning comuter related crimes had 6een achieved enumerates the folloing

offences<

1. COMPUTER FRAUC he inut, alteration, erasure or suression of

comuter data or comuter rograms, or other interference ith the courses of

data rocessing that influences the result of data rocessing, there6y causingeconomic or ossessory loss of roerty of another erson ith the intention

of rocuring an unlaful economic gains or for another erson

2. COMPUTER FOR!ER"C he inut, altercation erasure or suression of

comuters data or comuter rograms. or other interference ith the course of

data rocessing in a manner or under such conditions, as rescri6ed 6y

national la that it ould constitute the offence of forgery if it had 6een

committed ith resect to a traditional o6(ect of such an offence

3. AMA#!E TO COMPUTER ATA OR COMPUTER PRO!RAM$Che erasure, damaging deteriorate or suression of comuter rogram

ithout rights

4. COMPUTER $A%OTA!EChe erasure, damaging deteriorate or suression

of comuter rograms or other interference ith comuter system ith the

intent to hinder the functions of a comuter or a telecommunication system

5. U#AUT&OR'$(E ACCE$$Che access ithout right to a comuter

system or netor9 6y infringing security measures

6. U#AUT&OR'(E '#TERCEPT'O#Che intercetion made ithout rightand 6y technical means of communication to form and ithin a comuter

system or netor9

7. U#AUT&OR'(E REPROUCT'O# OF A PROTECTE

COMPUTER PRO!RAM$Che reroduction distri6ution or communication

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to the u6lic ithout rights of a comuter rogram hich is rotected 6y la

8. U#AUT&OR'(E REPROUCT'O# OF A TOPO!RAP&"Che

reroduction ithout right of a toograhy rotected 6y la of asemiconductor roduct or the commercial eDloitation or the imortation for

that urose, done ithout right of a toograhy or of a semiconductor

roduct manufactured 6y using the toograhy

T&E OPT'O#A) )'$T RE)ATE TO T&E FO))OW'#!

• A)TERCAT'O# OF COMPUTER ATA OR COMPUTER

PRO!RAM$Che altercation of comuter rograms ithout right

• COMPUTER E$P'O#A!E*he ac;uisition 6y imroer means or the

disclosure, transfer or use of a trade or commercial secret ithout rights or any

legal (ustification ith intent either to cause economic loss to the erson

entitled to the secret or to o6tain an unlaful economic advantage for oneself

or a third erson

• U#AUT&OR'$E U$E OF COMPUTER$< he use of a comuter system

or netor9 ithout rights, that either is made ith the accetance of

significant ris9 of loss 6eing caused to the erson entitled ris9 of loss 6eing

caused to the erson entitled to use the system or harm to the system or itsfunctioning or is made ith the intent to cause or harm to the system or its

functioning or causes loss to the erson entitled to use system or harm to the

system of its functioning

• U#AUT&OR'$E U$E OF A PROTECTE COMPUTER PRO!RAM+

he use ithout right of a comuter rogram hich is rotected 6y la and

hich has 6een reroduced ithout right ith the intent either to rocure an

unlaful economic gain for.

#EE FOR C"%ER )AW-onsider cases here so called -O!VA!IO!'3 -IAS 'A -'IA OU

USI!: -O7UAS or the internet as a tool. -onsider cases of sread of

ornograhic material, criminal threats delivered via emails, e6sites that defame

someone or sreads racial hatred etc. in all these cases, the comuter is merely

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incidental to the crimes. istri6uting amhlets romoting racial enmity is in essence

similar to utting u a e6site romoting such ill feelings.

of course it can 6e argued that hen technology is used to commit such crimes theeffect and sread of the crime increases enormously. rinting and distri6uting

amhlets even in one locality is a time consuming and eDensive tas9 hile utting

u a glo6ally accessi6le e6site is very easy.

In such cases it can 6e argued that conventional la can handle cy6er la cases. he

government can simly imose a stricter lia6ility$6y ay of imrisonment and fines&

if the crime is committed using certain secified technologies. ' simlified eDamle

ould 6e starting that sreading ornograhy 6y electronic means should 6e unished

more severely than sreading ornograhy 6y conventional means1

's long as e are dealing ith such issues, conventional la ould 6e ade;uate. the

challenge emerge hen e deal ith more comleD issues such as *A4 O4 ''.

Under conventional la theft relates to mova6le roerty 6eing ta9en out of

ossession of someone2

ova6le roerty is defined 6y the :A!A'3 -3'USAS '- 1@E8 as roerty of

every descrition, eDcet immova6le roerty. he same la defines immova6le

roerty as land 6enefits to arise out of land and things attached to the earth or

ermanently fastened to anything attached to the earth.

Using these definitions, e can say that the comuter is mova6le roerty.

3et us eDamine a scenario here data is stolen. -onsider my ersonal comuter on

hich i have stored some information. 3et us resume that some unauthorised erson

ic9s u my comuter and ta9es it aay ithout my ermission. *as he committed

theft= he elements to consider are hether some mova6le roerty has 6een ta9en

out of the ossession of someone. the comuter is a mova6le roerty and i am the

legal oner entitled to ossess it. he thief has dishonestly ta9en this mova6le

1 Section 292 of IP relates to sale distri!ution" import" e#port etc of o!sence!oo$" pamphlets" paper" dra%ing" painting " representation etc. punishment underthis section is imprisonment upto 2 years and &ne upto 's 2(((.)n other hand section 6* of I+ act penali,es transmitting pu!lishing etc oflascivious material !y electronic means. Punishment under this section is upto 5years of imprisonment and &ne upto 1 la$h

2 3*-. +heft./hoever" intending to ta$e dishonestly any movea!le property outof the possession of any person %ithout that person0s consent" moves thatproperty in order to such ta$ing" is said to commit theft

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roerty out of my ossession. It is theft

!o consider that some unauthorised erson simly coies the data from my

comuter onto en drive, ould this 6e theft= 7resuming that the intangi6le data ismova6le roerty, the concet of theft ould still not aly as the ossession of the

data has not 6een ta9en from me. I still have the ?original? data on the comuter under

my control. he thief simly has a ?coy? of the data. In the digital orld the coy and

the original are indistinguisha6le in almost every case.

3et us ta9e another eDamle on the issue of ?ossession? of data. I use the email

account riyaF.ahamd%88Ggmail.com for ersonal communication. !aturally a lot of

emails, images, document etc are sent and received 6y me using this account. he first

;uestion is, ho Hossesses this email account= Is it me 6ecause I have the username

and assord needed to Hlogin and Hvie the emails= Or it is :oogle Inc. 6ecauseemails are stored on their comuters=

'nother ;uestion ould arise if some unauthorised erson o6tains my assord. -an

it 6e said that no that erson is also in ossession of my emails, 6ecause he has the

assord to Hlogin and vie the emails=

'nother ;uestion ould arise if some unauthorised erson o6tains my assord. -an

it 6e said that no that erson is also in ossession of my emails, 6ecause he has the

assord to Hlogin and vie the emails=

'nother legal challenge emerges 6ecause of the HOBI3IJ of data. 3et us consider an eDamle of international trade in the conventional orld. iyaF urchases steel

from a factory in china, uses the steel to manufacture nails in a factory in India and

then sells the nails to a trader in US'. he various governments can easily regulate

and imose taDes at various stages of this 6usiness

!o consider that iyaF has shifted to an Honline 6usiness. *e sits in his house in

3uc9no and uses his comuter to create irated versions eDensive softare. *e

then sells this irated softare through a e6site $hosted in china&. 7eole from all

over orld can visit iyaFs e6site and urchase the irated softare. iyaF collects

the money using a ayal account that is lin9ed to his 6an9 account in a taD haven

country li9e the cayman island.

It ould 6e eDtremely difficult for any government to trace iyaFs activities.

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It is for these and other comleDities that conventional la is unfit to handle issues

relating to cy6ersace. his 6rings in the need for a searate 6ranch of la to tac9le

cy6ersace.

'ndian cyber law

he rimary source of cy6er la is the I!4O'IO! A-*!O3O:IAS '-,

2000 $hereinafter referred to information technologies act& hich came inton force on

18th octo6er ,---.

he rimary urose of the information technologies act is to rovide legalrecognition to electronic commerce and to facilitate filing of electronic records ith

the government.

his act also enalise various cy6er crimes and rovide strict

unishments$imrisonment terms uto 10 years and comensation u to crores of

ruees&.

he I!I'! 7AB'3 -OA$as amended 6y the I!4O'IO! A-*!O3O:IAS

'-& enaliFes several cy6er crimes. hese includes forgery of electronic records,

cy6er frauds, destroying electronic evidences etc.

igital evidence is to 6e collected and roven in court as er the rovision of the

I!I'! AVIA!-A '-$ as amended 6y the information technology act&. In case

of 6an9 records, the rovison of the 6an9ers 6oo9 evidence act$as amended 6y the

information technology act& are relevant.

Investigation and ad(udication of cy6er crimes is done in accordance ith the

rovisions of the code of criminal rocedure, civil rocedure code and the

I!4O'IO! A-*!O3O:J '-.

he ASAVA B'!# O4 I!I' '- as also amended 6y the Informationtechnology act.

he cy6er regulation aellate tri6unal$rocedure& rules 2000 also came into force on

18th octo6er 2000. hese rules rescri6ed the aointment and or9ing of the cy6er

regulations aellate tri6unal hose rimary role is to hear aeals against orders of

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the ad(udicating officers.

,--/+

Information echnology $-ertifying 'uthority& egulations, 2001 came into force on

Eth (uly 2001. hey rovide further technical standards and rocedure to 6e used 6y a

certifying authority.

o imortant guidelines relating to certifying authorities ere issued. he first are

the guidelines for su6mission of alications for license to oerate as a certifying

authority under the information technology act. hese guidelines ere issued on Eth

(uly 2001.

,--,+

'n eDecutive order dated 12th setem6er 2002 contained instructions relating

rovisions of the act ith regard to rotected system and alication for the issues of

a digital signature certificate.

!eDt ere the :uidelines for su6mission of certificates and certification revocation

lists to the -ontroller of -ertifying 'uthorities for u6lishing in !ational eository

of igital -ertificates. hese ere issued on 1/th

decem6er 2002.

he Information echnology 'ct as amended 6y the !egotia6le Instruments

$'mendments and iscellaneous 7rovisions& 'ct, 2002. his introduced the concet

of electronic che;ue and truncated che;ues.

,--0+

On 18th march 200, the Information echnology $Kualification and ADerience of

'd(udicating Officers and anner of *olding An;uiry& ules, 200 ere assed.

hese rules rescri6e the ;ualification re;uired for ad(udicating officers. heir chief

resonsi6ilities under the I act is to ad(udicate cases such as unauthorised access,unauthorised coying of data, sread of viruses, denial of service attac9s. isrution

of comuters, comuter maniulation etc. these rules also rescri6e the manner and

mode of in;uiry and ad(udication 6y these officers.

he Bom6ay high court, in its order dated Eth octo6er 2002, directed the central

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government to announce the aointment of ad(udicating officers in the u6lic media

to ma9e eole aare of the aointments. he division 6ench of the mum6ai high

court consisting of hon6le (ustice '. S*'* and hon6le (ustice an(ana desai also

ordered that the cy6er regulations aellate tri6unal 6e constituted ithin a reasona6letime frame.

,--1+

Information echnology $Use of Alectronic ecords and igital Signatures& ules,

200% have rovided the necessary legal frameor9 for filing of document ith the

government as ell as issues of licenses 6y the government. It also rovides for

ayment and reciets of fess in relation to government 6odies. he Information

echnology $Security 7rocedure& ules, 200% came into force on 2E th octo6er 200%.

hey rescri6e rovisions relating to secure digital signature and secure electronicrecords.

,--2+

he Information echnology $-ertifying 'uthorities& ules, 2000 ere amended.

,--3+

he Information echnology $'mendment& 'ct, 200@ hich came into force on 28th

octo6er, 200E has made seeing changes to the informtion technology act. he

folloing rules have also come into force on 28th octo6er 200E<

$1& Information echnology $7rocedure and Safeguards for Intercetion, onitoring

and ecrytion of Information& ules, 200E.

$2& Information echnology $7rocedure and Safeguard for onitoring and -ollecting

raffic ata or Information& ules,200E

$& Information echnology $7rocedure and Safeguards for Bloc9ing for 'ccess ofInformation 6y 7u6lic& ules, 200E.

$%&the -y6er 'ellate ri6unal $Salary, 'lloances and Other erms and -onditions

of Service of -hairerson and em6ers&ules, 200E.

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,-//+

Information echnology $easona6le security ractices and rocedures and sensitive

ersonal data or information& ules,2011 assed. hese rules define sensitive ersonaldata or information and from the cruD of indias data rivacy la.

'#FORMAT'O# TECO)O!" ACT4,---

Information technology act,2000 came into force on 18th octo6er 2000. It has E%

sections divided into 1 chaters.

'ccording to its ream6le, I act 6asically see9s to

7rovide legal recognition for electronic commerce

o facilitate electronic filing of documents ith the governments agencies

o amend the Indian enal code, the indian evidence act 1@82, the 6an9ers

6oo9 evidence act 1@E1 and reserve 6an9 of india act, 1E%

7romote efficient delivery of government services 6y means of relia6le

electronic commerce adoted 6y the united nations commissions oninternational trade la$U!I'3&

The 5a6or issues addressed by the 'T act related to+

E)ECTRO#'C RECOR$+ authentication of electronic records using

digital signatureL legal recognition of electronic records and digital signatureL

use of electronic records and digital signature in governmentL retention ofelectronic recordsL u6lication in electronic gaFetteL attri6ution and

ac9noledgement of reciets of electrof onic records, time and lace of

disatch and reciets of electronic recordsL secure electronic records, secure

digital signature and security rocedure.

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E$TA%)'$&'#! OF AU&OR'T"+ aointment and function of controller

and other officersL esta6lishment, rocedure and functioning of cy6er aellate

tri6unalL ad(udicating officers.

CERT'F"'#! AUT&OR'T'E$+ recognition of foreign certifying authority,

functioning and control of certifying authoritiesL functioning and control of

certifying authorities, digital signature certificateL duties of su6scri6ers such as

generating a rivate u6lic 9ey air, accetance of digital signature certificate

and control of rivate 9ey.

C"%ER CR'ME$+ enalities for damage to comuter and for failure

informationL factors to 6e ta9en into account 6y an ad(udicating officersL

offences relating to tamering ith source code, hac9ing, cy6erCornograhic

diso6eying controllers orders unauthorised access to rotected systems,misreresentation 6reach of confidentiality and rivacy and digital signature

certificate fraudsL offences, olice oersL lia6ility of netor9 service

roviders.

$PEC'A) '$$UE$+ eDtraCterritorial (urisdiction of the I actL overriding

effects of the I actsL rotection of action ta9en in good faith.

AM'#'$TRAT'7E '$$UE$< oers of the central and state government

and the controller to ma9e rules and regulation.

AME#ME#T$< amendments to indian enal code, evidence act, reserve

6an9 of india act and the 6an9ers 6oo9s evidence act.

E8TE#T A# JUR'$'CT'O# OF T&E 'T ACT ,---

o understand the eDtent and (urisdiction of the I act, e must eDamine section 1$2&

and 85 of the act

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$ection/9,: of the 'T act reads as under+

.$2& It shall eDtend to the hole of India and, save as otherise rovided in this 'ct, it

alies also to any offence or contravention thereunder committed outside India 6yany erson.

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'MPORTA#T $ECT'O#$ OF '#FORMAT'O#

TECO!" ACT ,---

$ECT'O# < )E!A) RECO!#'T'O# OF '!'TA) $'!#ATURE+

Section 5 of the 'ct gives legal recognition to digital signatures. >here any la

rovides that information or any other matter shall 6e authenticated 6y affiDing the

signature or any document shall 6e signed or 6ear the signature of any erson then,

notithstanding anything contained in such la, such re;uirement shall 6e deemed to

have 6een satisfied, if such information or matter is authenticated 6y means of digital

signature affiDed in such manner as may 6e rescri6ed 6y the -entral :overnment

$ECT'O# 2/ C'7') COURT #OT TO &A7E JUR'$'CT'O#<

!o court shall have (urisdiction to entertain any suit or roceeding in resect of any

matter hich an ad(udicating officer aointed under this 'ct or the -y6er 'ellate

ri6unal constituted under this 'ct is emoered 6y or under this 'ct to determine

and no in(unction shall 6e granted 6y any court or other authority in resect of any

action ta9en or to 6e ta9en in ursuance of any oer conferred 6y or under this 'ct

$ECT'O# 2, APPEA) TO &'!& COURT+

'ny erson aggrieved 6y any decision or order of the -y6er 'ellate ri6unal may

file an aeal to the *igh -ourt ithin siDty days from the date of communication of

the decision or order of the -y6er 'ellate ri6unal to him on any ;uestion of fact or

la arising out of such order 7rovided that the *igh -ourt may, if it is satisfied that

the aellant as revented 6y sufficient cause from filing the aeal ithin the said

eriod, allo it to 6e filed ithin a further eriod not eDceeding siDty days.

$ECT'O# 2< TAMPER'#! W'T& COMPUTER $OURCE

OCUME#T$+

>hoever 9noingly or intentionally conceals, destroys or alters or intentionally or

9noingly causes another to conceal, destroy or alter any comuter source code used

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for a comuter, comuter rogramme, comuter system or comuter netor9, hen

the comuter source code is re;uired to 6e 9et or maintained 6y la for the time

6eing in force, shall 6e unisha6le ith imrisonment u to three years, or ith fine

hich may eDtend u to to la9h ruees, or ith 6oth.

$ECT'O# 22 &AC='#! W'T& COMPUTER $"$TEM+

>hoever ith the intent to cause or 9noing that he is li9ely to cause rongful loss

or damage to the u6lic or any erson destroys or deletes or alters any information

residing in a comuter resource or diminishes its value or utility or affects it

in(uriously 6y any means, committs >hoever commits hac9ing shall 6e unished ith

imrisonment u to three years, or ith fine hich may eDtend uto to la9h ruees,

or ith 6oth.

$ECT'O# 2; PU%)'$&'#! OF O%$CE#E '#FORMAT'O#+

>hoever u6lishes or transmits or causes to 6e u6lished in the electronic form, any

material hich is lascivious or aeals to the rurient interest or if its effect is such as

to tend to derave and corrut ersons ho are li9ely, having regard to all relevant

circumstances, to read, see or hear the matter contained or em6odied in it, shall 6e

unished on first conviction ith imrisonment of either descrition for a term hich

may eDtend to five years and ith fine hich may eDtend to one la9h ruees and in

the event of a second or su6se;uent conviction ith imrisonment of either

descrition for a term hich may eDtend to ten years and also ith fine hich may

eDtend to to la9h ruees.

$ECT'O# ;1 PU%)'CAT'O# FOR FRAUU)E#T PURPO$E+

>hoever 9noingly creates, u6lishes or otherise ma9es availa6le a igital

Signature -ertificate for any fraudulent or unlaful urose shall 6e unished ith

imrisonment for a term hich may eDtend to to years, or ith fine hich may

eDtend to one la9h ruees, or ith 6oth.

C"%ER APPE))ATE TR'%U#A)

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$ECT'O# 1> E$TA%)'$&ME#T OF C"%ER APPE))ATE

TR'%U#A)+

he -entral :overnment shall, 6y notification, esta6lish one or more aellatetri6unals to 6e 9non as the -y6er egulations 'ellate ri6unal. he -entral

:overnment shall also secify, in the notification referred to in su6section$1&, the

matters and laces in relation to hich the -y6er 'ellate ri6unal may eDercise

(urisdiction.

$ECT'O# 13 COMPO$'T'O# OF C"%ER APPE))ATE

TR'%U#A)+

' -y6er 'ellate ri6unal shall consist of one erson only $hereinafter referred to as

the esiding Officer of the -y6er 'ellate ri6unal& to 6e aointed, 6y notification, 6y the -entral :overnment.

T&E C"%ER RE!U)AT'O#$ APPE))ATE TR'%U#A)+

-y6er 'ellate ri6unal are created to regulate and suervise the -ertifying

'uthorities ho issue igital Signature certificates. -y6er 'ellate ri6unal rovide

for aeal 6y erson aggrieved against an order made 6y the 'd(udicating Officer

under the Information echnology 'ct.

?UA)'F'CAT'O#$ FOR APPO'#TME#T A$ PRE$''#!

OFF'CER +

' erson shall not 6e ;ualified for aointment as the 7residing Officer of a -y6er

'ellate ri6unal unless he is, or has 6een. or is ;ualified to 6e, a +udge of a *igh

-ourtL or is or has 6een a mem6er of the Indian 3egal Service and is holding or has

held a ost in :rade I of that Service for at least three years.

1*


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Case laws

$. $e@ar The Principal !eneral ManaBer 9Teleco5:

9%.$.#.).:

he etitioner is an emloyee B.S.!.3, or9ing as a elecom echnical 'ssistant

$Sitch&. It so haened that hile he as or9ing in SI7-O B ain

ADchange, #eeranur, the B.S.!.3. higher officials susected him and others for

having committed offences in maniulating the comuter system and there6y causing

loss to B.S.!.3. 4ir as registered under for the offences under Section %0/, %20 and

%/@ I.7.-. and %$g& of the Information echnology 'ct, 2000.

he main thrust of the grievance of the etitioner in this case is that hen there is a

secial enactment namely, the Information echnology 'ct, 2000, hich is in

oeration relating to the alleged misconduct attri6uted as against the etitioner, there

is no ;uestion of invo9ing the enal sections under the Indian 7enal -ode, It is also

1-


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his secific lausi6le argument that section %$g& of the Information echnology 'ct,

2000, has 6een invo9ed ithout any 6asis.

he oint for consideration is as to hether the 4I referred to sura, has to 6edeclared null and void as rayed 6y the >rit etitioner=

It as held that he Section %$g& of the Information echnology 'ct, 2000, invo9ed

6y the olice and secified in the 4I is declared void. 'ccordingly, the >rit etition

is ordered. !o costs, connected .7. is closed.

Fati5a Riswana . $tate Rep. by ACP.4 Chennai Ors A'R

,--< ;/,.

he case relates to eDloitation of certain men and omen 6y one of the accused r.

3. 7ra9ash for the urose of ma9ing ornograhic hotos and videos in various acts

of seDual intercourse and thereafter selling them to foreign e6sites.

he accused facing trail for offences unisha6le under Section /8 of Information

echnology 'ct, 2000 r" Section / of Indecent eresentation of >omen

$rohi6ition& 'ct, 1E@/, Under Section 5 ) / of Immoral raffic $7revention& 'ct,

1E5/.

Anish %a6a6 $tate 9#.C.T.: of elhi 9,--


20/20

interest. Sections 2E2 and 2E% of the Indian 7enal -ode have also 6een mentioned

hich contemlate the selling, letting on hire, distri6ution r u6lic eDhi6ition of the

a6sence matter.

2(

it act 2000 defined

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