Introduction to Cyber Law
Cyber Law refers to the legal framework governing internet usage, electronic transactions, cybercrimes, and digital privacy. The Information Technology Act, 2000 (IT Act) is the primary legislation dealing with cyber offenses in India. It regulates:
- Cybercrimes (Hacking, Phishing, Identity Theft, Cyber Terrorism)
- Electronic Governance & Digital Signatures
- Data Protection & Privacy
- Liability of Intermediaries (Social Media, ISPs, Websites)
The judiciary has played a crucial role in shaping Cyber Law through landmark judgments.
Landmark Cases on Cyber Law
1. Shreya Singhal v. Union of India (2015)
Facts: A PIL challenged the constitutionality of Section 66A of the IT Act, which criminalized offensive online speech.
Judgment: The Supreme Court struck down Section 66A as unconstitutional for violating Article 19(1)(a) – Right to Freedom of Speech and Expression.
Conclusion: Strengthened free speech online, preventing arbitrary arrests for social media posts.
2. K.S. Puttaswamy v. Union of India (2017) – Right to Privacy Case
Facts: A petition challenged the Aadhaar scheme on privacy grounds.
Judgment: The Supreme Court declared Right to Privacy as a Fundamental Right under Article 21.
Conclusion: Impacted data protection laws, leading to the Personal Data Protection Bill.
3. Avnish Bajaj v. State (2008) – Bazee.com Case
Facts: A video containing obscene material was sold on Bazee.com (now eBay India). The company’s CEO, Avnish Bajaj, was arrested under Section 67 of the IT Act (publishing obscene content).
Judgment: The Delhi High Court held that intermediaries cannot be held liable unless they fail to act after notice.
Conclusion: Clarified intermediary liability, later strengthened by IT Rules, 2021.
4. SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra (2001)
Facts: A company employee sent defamatory emails against his employer.
Judgment: The Delhi High Court issued an injunction restraining the employee.
Conclusion: Recognized cyber defamation under Indian law.
5. Tamil Nadu v. Suhas Katti (2004) – First Conviction Under IT Act
Facts: A man was convicted under Section 67 of the IT Act for posting obscene messages about a woman in a Yahoo chat group.
Judgment: The accused was sentenced to 2 years of imprisonment.
Conclusion: First successful conviction under cyber laws, setting a precedent for online harassment cases.
MCQs on Cyber Law
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Which case led to the striking down of Section 66A of the IT Act?
a) Avnish Bajaj v. State
b) Shreya Singhal v. Union of India
c) SMC Pneumatics v. Jogesh Kwatra
d) K.S. Puttaswamy v. Union of India
Answer: b) Shreya Singhal v. Union of India -
Which section of the IT Act deals with publishing obscene content online?
a) Section 43
b) Section 67
c) Section 66F
d) Section 72
Answer: b) Section 67 -
What was the significance of K.S. Puttaswamy v. Union of India (2017)?
a) Struck down intermediary liability
b) Recognized Right to Privacy
c) Upheld Section 66A
d) Defined hacking under IT Act
Answer: b) Recognized Right to Privacy -
Which case resulted in the first conviction under the IT Act, 2000?
a) Tamil Nadu v. Suhas Katti
b) Avnish Bajaj v. State
c) Shreya Singhal v. Union of India
d) SMC Pneumatics v. Jogesh Kwatra
Answer: a) Tamil Nadu v. Suhas Katti -
What does the IT Act, 2000 regulate?
a) Contracts and corporate law
b) Electronic governance, cybercrimes, and data protection
c) Criminal procedure and evidence rules
d) Intellectual property rights only
Answer: b) Electronic governance, cybercrimes, and data protection
This guide provides a structured approach for AIBE aspirants to understand Cyber Law, key judgments, and multiple-choice questions for better preparation.