India’s Information Technology Act, 2000 (IT Act) provides the legal framework for handling cyber crimes, including offenses related to cyber fraud, identity theft, privacy violations, cyber terrorism, and pornography. The IT Act aims to facilitate electronic transactions and safeguard electronic records while also addressing criminal activities in cyberspace.
Key Cyber Crime Offenses Under the IT Act:
- Identity Theft – Section 66C:
Anyone who fraudulently uses another person’s electronic signature, password, or other unique identification features can face imprisonment up to 3 years and a fine of up to ₹1 lakh.
- Cheating by Personation – Section 66D:
Using communication devices or computer resources to cheat by impersonation is punishable with up to 3 years imprisonment and a fine of up to ₹1 lakh.
- Violation of Privacy – Section 66E:
Capturing, publishing, or transmitting images of private areas of a person without consent is punishable with up to 3 years imprisonment or a fine of ₹2 lakh (or both).
- Cyber Terrorism – Section 66F:
Cyber terrorism, which involves threatening national security through cyber means, is a severe offense with imprisonment that may extend to life.
- Obscenity and Pornography – Section 67:
Publishing or transmitting obscene material electronically is punishable by up to 3 years imprisonment and a fine of ₹5 lakh for the first conviction, and up to 5 years imprisonment and a fine of ₹10 lakh for subsequent offenses.
– Cyber Pornography: While not expressly banned, the creation, possession, or distribution of child pornography is illegal and punishable under the IT Act. The punishment includes up to 5 years imprisonment and a fine of up to ₹10 lakh.
Jurisdiction and Cyber Courts:
- Cyber Appellate Tribunal (Mumbai): The Tribunal is the authority for appeals related to IT Act offenses. Cases are often handled in designated cybercrime courts across Mumbai districts.
- Criminal Jurisdiction: Cyber crimes, including fraud, identity theft, and terrorism, fall under criminal law jurisdiction, with specialized courts handling these cases.
Our Expertise in Cyber Crime Law:
Our law firm has a team of highly experienced Cyber Crime Lawyers in Mumbai who specialize in handling cyber offense cases. We represent clients in cases involving:
- Identity theft
- Cyber fraud
- Data breaches
- Privacy violations
- Cyber terrorism
- Obscenity and child pornography
We understand the complexities of cyber law and are committed to providing expert legal advice and representation to those facing accusations under the IT Act.
Why Choose Us?
- Experienced Lawyers: Our team of expert cyber crime lawyers has extensive experience in handling high-profile cases involving cyber crimes.
- In-depth Knowledge: We stay updated with the latest developments in cyber law and work closely with law enforcement agencies and the judiciary.
- Confidential and Professional: We prioritize client confidentiality and offer professional legal services tailored to each case.
If you are facing a cyber crime case or need legal advice regarding cyber offenses, contact us today for a consultation with one of Mumbai’s top cyber crime lawyers.
Cyber Pornography and Related Offenses Under the IT Act, 2000
Section 67A of the Information Technology Act, 2000 (IT Act) addresses the publication, transmission, or causing to be transmitted any material containing sexually explicit acts or conduct. The law provides for punishment with imprisonment for up to 5 years and a fine of up to ₹10 lakh for such offenses.
Key Points Regarding Cyber Pornography in India:
- Viewing Cyber Pornography: Merely viewing or downloading cyber pornography, including child pornography, is not classified as an
offense under the IT Act. However, it becomes illegal if the content involves minors.
- Publishing and Transmitting Obscene Content: The publication or transmission of such content through any electronic form, including websites, emails, and instant messaging, is punishable by law. Offenders may face imprisonment and fines.
- Storing Cyber Pornography: Storing cyber pornography is not an offense unless it involves minors. In such cases, it is punishable with up to 5 years imprisonment and a fine of up to ₹10 lakh.
Look-Out Circular (LOC), Travel Restrictions & Remedies
A Look-Out Circular (LOC) is a measure used by authorities to track the departure or arrival of individuals involved in legal cases. It is issued primarily when an individual is attempting to flee the country to evade trial or arrest.
Key Legal Insights on LOC:
- When Can LOC Be Issued?
LOCs can be issued in cases where the accused is evading arrest or failing to attend court hearings despite Non-Bailable Warrants (NBWs).
- Procedure for Issuing LOC:
- The Investigating Officer (IO) must submit a written request to the relevant authority to open the LOC, including details and reasons for the request.
- The competent officer gives directions for issuing the LOC based on the request.
- Remedies Against LOC:
- Representation to the Investigating Officer: If an LOC has been issued in error, the person concerned may approach the investigating officer to request the withdrawal of the LOC.
- Application to the Court: If the LOC is issued arbitrarily, the individual may file a petition in the trial court or the High Court to cancel the LOC.
- Writ Petition: A person may approach the High Court under Article 226 of the Constitution or Section 482 of Cr.P.C if the LOC has been issued arbitrarily.
- Judicial Review of LOC:
- Courts, particularly the High Court, have the authority to review the issuance of LOCs. For instance, in the case of Karti P. Chidambaram
v. Bureau of Immigration, the Madras High Court set aside an LOC after finding that the conditions for issuing it were not met.
- LOC’s Impact on Personal Liberty:
The issuance of an LOC can significantly affect an individual’s freedom of movement. Therefore, it should be exercised cautiously and only when necessary to ensure that a person does not abscond or evade justice.
If you or someone you know is facing legal issues related to cybercrime or the issuance of an LOC, it’s important to consult with an experienced lawyer who can guide you through the legal remedies available under the Information Technology Act and Indian Penal Code (IPC).