India
CyberLaw EcosystemOverview
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The primary source of cyber law in India is the Information Technology Act, 2000 (IT Act) which came into force on 17th October 2000. The cyber law ecosystem in India consists of the IT Act (as amended from time to time) and its allied Acts, Orders, Guidelines, Regulations and Rules.
The Indian Penal Code (as amended by the Information Technology Act) penalizes several cyber crimes. These include forgery of electronic records, cyber frauds, destroying electronic evidence etc.
Digital Evidence is to be collected and proven in court as per the provisions of the Indian Evidence Act (as amended by the Information Technology Act).
In case of bank records, the provisions of the Bankers’ Book Evidence Act (as amended by the Information Technology Act) are relevant.
Investigation and adjudication of cyber crimes is done in accordance with the provisions of the Code of Criminal Procedure, Civil Procedure Code and the Information Technology Act. The Reserve Bank of India Act was also amended by the Information Technology Act.
Acts
- Information Technology Act, 2000
- Indian Evidence Act, 1872 as amended by the Information Technology Act
- Information Technology (Amendment) Act, 2008
- Gazette notification for the coming into force of the Information Technology (Amendment) Act, 2008
- Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002
- Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
Intermediaries & Digital Media related rules
- Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.
- Threshold for a social media intermediary to be considered a significant social media intermediary
- Norms of Journalistic Conduct
- Cable Television Networks Rules, 1994
- Framework & Guidelines for Use of Social Media for Government Organisations
- Report of the ad-hoc committee of the Rajya Sabha to study the alarming issue of pornography on social media and its effect on children and society as a whole
- Information Technology (Intermediaries guidelines) Rules, 2011 [Supressed]
Advisories
- Advisory on implementation of section 66A of the Information Technology Act, 2000
- Advisory for Matrimonial Websites under section 79 of the IT Act, 2000
- ADVISORY ON "BLUE WHALE CHALLENGE GAME
Clarifications
Orders
- Information Technology (Removal of Difficulties) Order, 2002
- Instructions regarding applications of Section 35(3), Section 35(4) and Section 70(1) of Information Technology Act, 2000
- Procedure for blocking of websites (2003)
- Appointment of Adjudicating Officers (2003)
- List of Nodal Officers from States / Union Territories under the provisions of Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009
- Designating National Crime Records Bureau as Central nodal agency under Cyber Crime Prevention against Women and Children scheme (2018)
Guidelines
- Guidelines for submission of application for licence to operate as a Certifying Authority under the IT Act, 2000
- Guidelines for submission of certificates and CRLs to the CCA for publishing in NRDC by Certifying Authorities
- Guidelines for the Protection of National Critical Information Infrastructure (2015)
Regulations
Adjudicating Officers related Rules
Security related Rules
- Information Technology (Security Procedure) Rules, 2004
- Storage of private key used by subscribers for creating Digital Signatures 2004
- Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009
- Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009
- Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009
- Information Technology (The Indian Computer emergency response team and manner of performing function and duties ) Rules, 2013
- Information Technology (National critical Information Infrastructure Protection centre and manner of performing function and duties) Rules, 2013
- Information Technology (The Indian Computer emergency response team and manner of performing function and duties) Rules, 2013
- Information Technology (Notification for Designation of national nodal agency in respect of Critical Information Infrastructure Protection) 2014
- The Digital Signature (End entity) Rules, 2015
- The Electronic Signature or Electronic Authentication Technique and Procedure (Amendment) Rules, 2015
- Electronic Signature or Electronic Authentication Technique and Procedure Rules, 2016
- Information Technology (Information Security Practices and Procedures for Protected System) Rules, 2018
Cyber Appellate Tribunal related Rules
- Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000
- Information Technology (Other powers of Civil Court vested in Cyber Appellate Tribunal) Rules 2003
- The Cyber Appellate Tribunal (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and Members) Rules, 2009
- Cyber Appellate Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Chairperson and Members) Rules, 2009
- Cyber Appellate Tribunal (Powers and Functions of the Chairperson) Rules, 2016
Certifying Authorities related Rules
- Information Technology (Certifying Authorities) Rules, 2000
- Information Technology (Certifying Authorities) (Amendment) Rules, 2003
- 2004 amendments in Certifying Authorities Rules
- Information Technology (Certifying Authorities) (Amendment) Rules, 2005
- Information Technology (Certifying Authorities) (Amendment) Rules, 2009
Electronic Service Delivery related rules
Data Privacy related rules
Examiner of Electronic Evidence
- Forensic Science Laboratory, Sector 14, Rohini, New Delhi
- State Forensic Science Laboratory, Madiwala, Bangaluru,
- Cyber Forensic Laboratory under Army Cyber Group
- Central Forensic Science Laboratory, Hyderabad
- Directorate of Forensic Science, Gandhi Nagar (Gujarat),
- Serious Fraud Investigation Office
Others
- Declaring TETRA Secured Communication System Network of Govt. of NCT of Delhi as Protected System under section 70 of the IT Act (2010)
- e-waste (Management and Handling) Rules, 2011
- Process of registration of cyber cafe to be followed by registration agency (2012)
- Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order, 2012
- Declaration of UIDAI-CIDR critical information under section 70A of IT Act (2015)
- E-mail policy of Government of India (2015)
- Policy on use of IT Resources of Government of India (2015)
- Information Technology (Preservation and Retention of Information by Intermediaries Providing Digital Locker Facilities) Rules, 2016
- Authorisation of CERT-In to monitor and collect traffic data or information in any computer resources u/s 69B (2016)
- Government Open Data License - India, National Data Sharing and Accessibility Policy (2017)
- Authorisation of Security and Intelligence Agencies u/s 69(1) of the IT Act (2018)