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Information Technology Act 2000 Rather than giving Information and Technology gives rise to more Cyber crimes Submitted To: Prof. Anant Amdekar Submitted By: Abhimanyu Mundra Bhavana Lohia Geetesh Thakur Himanshu Shah Jugal Shah Keshwanand Pandey Kirti Shahu Information Technology Act 2000 2 Table of Content Sr. Particulars Page No. No. 1 Introduction of Information Technology Act, 2000 (IT Act) 3 2 Advantages of IT Act 5 3 Shortcomings of IT Act 6 4 NASSCOM’s Contribution to IT in India 7 5 Introduction to Cyber Crime 10 6 Defining Cyber Crime 13 7 Types of Cyber Crime 14 8 Cyber Crime Statistics of India 21 9 Types of Cyber Criminals 22 10 Some of important Definition 23 11 Writing requirements 24 12 Penalties for Computer Crimes 24 13 Police Powers 25 14 Digital Signature 26 15 Possible use of E-Governance 28 16 MCA21 project under E-Governance 29 17 Contribution of Information Technology in Banking Sector 33 18 Comparison between India & China 36 19 Some Indian Case Studies 40 20 Conclusion 46 21 Suggestion 48 22 Bibliography 49 Information Technology Act 2000 3 Information Technology Act 2000 Connectivity via the Internet has greatly abridged geographical distances and made communication even more rapid. While activities in this limitless new universe are increasing incessantly, laws must be formulated to monitor these activities. Some countries have been rather vigilant and formed some laws governing the net. In order to keep pace with the changing generation, the Indian Parliament passed the much-awaited Information Technology Act, 2000 .As they say, "It’s better late than never". However, even after it has been passed, a debate over certain controversial issues continues. A large portion of the industrial community seems to be dissatisfied with certain aspects of the Act. But on the whole, it is a step in the right direction for India. The Information Technology Act 2000 regulates the transactions relating to the computer and the Internet. The objectives of the Act as reflected in the Preamble to the Act are: 1. The Preamble to the Act states that it aims at providing legal -recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information and aims at facilitating electronic filing of documents with the Government agencies. 2. To facilitate electronic filing of the document with the government of India. 3. To give legal recognition to digital signature for accepting any agreement via computer. 4. According to I.T. Act 2000, any company can store their data in electronic storage. Information Technology Act 2000 4 5. To make more power to IPO, RBI and Indian Evidence act for restricting electronic crime. The General Assembly of the United Nations had adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law (UNCITRAL) in its General Assembly Resolution A/RES/51/162 dated January 30, 1997. The Indian Act is in keeping with this resolution that recommended that member nations of the UN enact and modify their laws according to the Model Law. Thus with the enactment of this Act, Internet transactions will now be recognized, on-line contracts will be enforceable and e-mails will be legally acknowledged. It will tremendously augment domestic as well as international trade and commerce. The Information Technology Act extends to the whole of India and, saves as otherwise provided in this Act, it applies also to any offence or contravention there under committed outside India by any person. However The Act does not apply to: 1. A negotiable instrument as defined in section 13 of the Negotiable Instruments Act,1881; 2. A power-of-attorney as defined in section 1A of the Powers-of- Attorney Act, 1882; 3. A trust as defined in section 3 of the Indian Trusts Act, 1882; 4. A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called; 5. Any contract for the sale or conveyance of immovable property or any interest in such property; 6. Any such class of documents or transactions as may be notified by the Central Government in the Official Gazette. Information Technology Act 2000 5 Advantages of I.T. Act 2000:- 1. Helpful to promote e-commerce • Email is valid • Digital signature is valid. • Payment via credit card is valid. • Online contract is valid Above all things validity in eye of Indian law is very necessary. After making IT act 2000, all above things are valid and these things are very helpful to promote e-commerce in India. 2. Enhance the corporate business After issuing digital signature, certificate by Certifying authority, now Indian corporate business can enhance. 3. Filling online forms After providing facility, filling online forms for different purposes has become so easy. 4. High penalty for cyber crime Law has power to penalize for doing any cyber crime. After making of this law, nos. of cyber crime has reduced. Information Technology Act 2000 6 Shortcoming s of I.T. Act 2000:- 1. Infringement of copyright has not been included in this law. 2. No protection for domain names. 3. The act is not applicable on the power of attorney, trusts and will. 4. Act is silent on taxation. 5. No, provision of payment of stamp duty on electronic documents Information Technology Act 2000 7 NASSCOM ’s contribution to IT in India: NASSCOM is India's National Association of Software and Service Companies, the premier trade body and the chamber of commerce of the IT software and services industry in India. NASSCOM is a global trade body with over 1100 members, of which over 250 are global companies from the US, UK, EU, Japan and China. NASSCOM's member companies are in the business of software development, software services, software products, IT-enabled/BPO services and e-commerce. NASSCOM was set up to facilitate business and trade in software and services and to encourage advancement of research in software technology. It is a not-for-profit organization, registered under the Societies Act, 1860. NASSCOM has been the strongest proponent of global free trade in India. NASSCOM is committed to work proactively to encourage its members to adopt world class management practices, build and uphold highest quality standards and become globally competitive. In India and around the world, NASSCOM members are participants in the new global economy and are reputed for their cutting-edge business practices and social initiatives. NASSCOM's Vision NASSCOM's vision is to establish India as the 21st century's software powerhouse and position the country as the global sourcing hub for software and services. NASSCOM Membership NASSCOM welcomes as members, companies and firms that are incorporated and/or are registered in India, which have made and will make positive contributions to the IT industry in India and globally. Member companies are expected to comply with the Association’s code of conduct. Membership Strength The membership of NASSCOM has been steadily increasing. In 1988, NASSCOM had 38 members, who together contributed close to 65 percent of the revenue of the software industry. Since then, membership of NASSCOM has grown multifold to reach over 1100 members. These members currently account for over 95 percent of the revenues of the software industry in India. Here is a list of prominent members of executive council of NASSCOM. • Som Mittal - President of NASSCOM for 2009-2010 • Pramod Bhasin - Chairman of NASSCOM(former) • Harsh Manglik -Chairman of NASSCOM for 2010-2011 • Mr. Rajendra S. Pawar as the new Chairman of its Executive Council for the year 2011-2012 (April 26, 2011) Information Technology Act 2000 8 Aims and Objectives The primary objective of NASSCOM is to act as a catalyst for the growth of the software driven IT industry in India. Other goals include facilitation of trade and business in software and services, encouragement and advancement of research, propagation of education and employment, enabling the growth of the Indian economy and provide compelling business benefits to global economies by global sourcing. NASSCOM also endeavors to leverage IT and narrow the digital divide in India and enable her citizens to enjoy the benefits of IT. It also boosts the process of Innovation; IT workforce development and enhance cyber security. NASSCOM is achieving its objectives by following a seven fold strategy: • Partner with Government of India and State Governments in formulating IT policies and legislation. Partner with global stakeholders for promoting the industry in global markets. • Strive for a thought leadership position and deliver world-class research and strategic inputs for the industry and its stakeholders. • Encourage members to uphold world class quality standards. • Strive to uphold Intellectual Property Rights of its members. • Strengthen the brand equity of India as a premier global sourcing destination. • Expand the quantity and quality of the talent pool in India. • Continuous engagement with all member companies and stakeholders to devise strategies to achieve shared aspirations for the industry and the country. Partnership with the Government NASSCOM acts as an advisor, consultant and coordinating body for the software and services industry in India. NASSCOM has representatives in various committees in the Government of India including the Ministry of Information Technology, Ministry of Commerce, the Ministry of Finance, Department of Telecommunication, Ministry of Human Resources Development, Ministry of Labor and the Ministry of External Affairs. NASSCOM also acts as a consulting body for various State Governments in India. NASSCOM has played a key role in enabling the government in India to develop industry friendly policies.

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