IT Act 2000 -- Dealing with offences and violations

K. Krishnamurthi

THIS week, `Know your laws' looks at the different clauses and aspects related to the IT Act, 2000. The article will also discuss the security issues, violation of privacy laws and offences such as hacking.

What is Computer Source Code?

It is the listing of programmes, computer commands, designs and layout and programme analysts of computer source in any form.

What are the offences contemplated under the Act?

One has to pay a fine of up to Rs 2 lakh if he knowingly or intentionally conceals, destroys or alters or causes another to destroy or alter any computer code used for a computer programmer or computer system or computer network.

Are any other offences contemplated in the Act?

Hacking of computers is an offence. Any person with intent to cause, or knows that he is likely to cause, wrongful loss or damage to the public; or any person destroys/deletes/alters any information residing in computer source or diminishes its value quality/utility or affects injuriously by any means, commits the offence called hacking. The penalty for hacking will be imprisonment up to three years or fine up to Rs 2 lakh or both.

How to decrypt information?

Power is vested with the controller if he is satisfied for issuing direction to any Government agency to intercept any information transmitted through any computer resource, if it is necessary or expedient to do so in the interest of the Sovereignty or integrity of India, the security of the state, friendly relations with foreign states or public order preventing incitement to commission of any cognisable offence. But such direction should be in writing.

What are the other powers of controller?

The controller is empowered to direct the certifying authority or any employee of any such authority to take such measures or cease carrying such activities as may be specified in the order for ensuring compliance, or the provision of the Act. Any person who fails to comply with any order of the controller shall be liable for conviction to imprisonment for a term not exceeding three years or to a fine up to Rs 2 lakh or both.

Who appoints the staff for the Cyber Regulation Appellate Tribunal (CART) and regulates their service?

The Centre provides the CART with such officers and employees as the Government may deem fit. Persons appointed shall discharge these functions under general superintence of the presiding officer (PO). However, the salary allowances are fixed by the Central Government. Any appeal can be filed against orders of controller and adjudicating officer under the Act to CART. However, no appeal can be filed against the order of adjudicating officer with the consent of parties.

What is the time limit for filing appeals?

Appeal should be filed within 45 days from the date of receipt of the order passed by the controller or the adjudicating officer. The CART has discretion to condone the delay in filing the appeal, if sufficient cause is shown.

What is the procedure of CART and its powers?

The affiliate authority, after hearing the parties can confirm, modify or set aside, the order appealed against. As far as possible, the appeal should be disposed off within six months from the date of receipt of appeal. The CART is vested with the same power as a civil court trying a suit in respect of certain matters.

How the Cyber Appellate Tribunal is constituted?

The Centre establishes one or more such Tribunal known as Cyber Regulation Appellate Tribunal. The Government, by notification, shall specify the matters, places and jurisdiction for such Tribunals to function.

What is the composition of CART?

The Cyber Tribunal is manned by one person as presiding officer, also appointed by the Central Government by notification.

What are the qualifications for appointment as PO for CART?

He should be or has been or is qualified to be a Judge of High Court.

He is or has been a member of Indian Legal Service, or is holding or held post in grade I of that service for at least three years.

What is the tenure of the presiding officer of CART?

It is five years from the date on which he enters office or until he reaches the age of 65 years _ whichever is earlier.

What are the terms, conditions remuneration of the presiding officer?

The salary and allowance payable to and other conditions of service, including pension gratuity and other retiring benefits payable to the PO, is prescribed by the Government.

How is a vacancy filled up?

If a vacancy arises, other than by temporary absence, the Government is empowered to appoint any other person who can continue from the stage at which the vacancy was filled.

Can the PO resign from CARG?

Yes, he can do so by giving a written notice to the Central Government.

What is the effect of such a resignation?

Even if the PO resigns or should relinquish office, on such resignation unless permitted to continue the post, till new incumbent is appointed. If no such presiding officer is immediately appointed, person resigning will hold office until the expiry of 3 months from the date of receipt of such notice.

Can the PO of CART removed from service?

The PO shall not be removed from office except by a Central Government order on the grounds of proved misbehaviour or incapacity after an enquiry made by a Judge of Supreme Court and after sufficient opportunity for the PO to prove the charges wrong.

Can the order appointing PO be questioned?

No such order can be questioned in any manner. No act or proceeding before CART can be called in question in any manner on the ground of defect in constituting CART.

Who can appear before the Tribunal?

The appellant may either appear in person or authorise one or more legal practitioners or any of its officer to present his or its case before the Tribunal.

Can the civil interfere with the functions of CART?

No court can interfere with the functioning of various functions designated under the Act by way of any suit or proceeding. Nor can they pass any order of injunction in respect of any action taken by the authorities mentioned in the Act.

Can the order/decision of CART is appealable?

Yes, appeal lies to the High Court against CART's orders. Appeal has to be filed within 60 days from the receipt of the order, both on question of law or on facts. The High Court can condone the delay if sufficient cause is shown for the delay in filing the appeal.

Is there any provision in the Act for compounding any contravention?

There is. Any contravention made either before or after the institution adjudicating proceeding, can be compounded by the controller or any such other officer specially authorised in accordance with the conditions they may impose. The amount payable on such compounding should not exceed the maximum amount of penalty specified in the Act. No compounding can be availed if any person commits the same offence within three years from the date of the first contravention. However, any contravention made after three years shall be deemed to be the first one.

How is the penalty levied for the offences recovered?

Any penalty imposed under the Act, if not paid, can be recovered as arrears to land revenue and licence of DSC will be suspended till payment of penalty.

(The author is a Chennai-based advocate and notary public.)