Question 1

What acts are penalized under the Information Technology (IT) Act?

Accepted Answer

The IT Act penalizes various digital offenses, including unauthorized access to computer systems (hacking), data theft, publishing or transmitting obscene material in electronic form, identity theft, and cyber terrorism.

Question 2

What is the procedure for producing electronic evidence in court?

Accepted Answer

Electronic records, such as emails, WhatsApp chats, or CCTV footage, must be accompanied by a certificate under Section 65B of the Evidence Act (or equivalent under the BSA) issued by a person occupying a responsible official position in relation to the device, confirming the integrity of the data.

Question 3

Can an intermediary (like a social media platform) be held liable for user content?

Accepted Answer

Intermediaries are generally protected under the 'safe harbor' provision (Section 79 of the IT Act), provided they act purely as facilitators and observe due diligence. However, this protection is lost if they fail to expeditiously remove unlawful content upon receiving a government or court order.

Cyber Crime & IT Act Defense

Overview

Frequently Asked Questions