Cyber law: quick revision and practice
Cyber Law · Part V · Topic 10 of 10 · 9 min read
Cases checked to exist. Read the judgment before quoting a holding.
Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.
1. The forty sections
| Section | What it says |
|---|---|
| Information Technology Act, 2000 | |
| 1(4), First Schedule | Act does not apply to negotiable instruments (other than cheques), powers of attorney, trusts, wills, and contracts for sale or conveyance of immovable property. |
| 2(1)(t) | “Electronic record”: data, record, image or sound stored, received or sent in electronic form, or microfilm or computer-generated micro fiche. |
| 2(1)(w) | “Intermediary”: one who receives, stores or transmits a record on behalf of another; includes ISPs, search engines, online market places, cyber cafes. |
| 3 | Authentication of electronic records by digital signature, using an asymmetric crypto system and hash function. |
| 4 | Legal recognition of electronic records. |
| 10A | Contracts formed through electronic means are not unenforceable for that reason alone. |
| 43 | Penalty and compensation for damage to a computer, computer system, etc. (unauthorised access, downloading, virus, disruption). |
| 43A | Compensation by a body corporate negligent in protecting sensitive personal data (omitted by the DPDP Act from 13 May 2027). |
| 46 | Adjudicating officer; jurisdiction up to Rs. 5 crore, above that the competent court. |
| 48 | TDSAT is the Appellate Tribunal (since the Finance Act, 2017). |
| 62 | Appeal from the Appellate Tribunal to the High Court within sixty days. |
| 65 | Tampering with computer source documents. |
| 66 | Computer related offences: any act in section 43 done dishonestly or fraudulently (up to three years or fine up to Rs. 5 lakh or both). |
| 66C | Identity theft: fraudulent use of another’s electronic signature, password or unique identification feature. |
| 66D | Cheating by personation using a computer resource or communication device. |
| 66E | Violation of privacy: capturing or publishing images of a private area without consent. |
| 66F | Cyber terrorism (up to imprisonment for life). |
| 67 | Publishing or transmitting obscene material in electronic form (67A sexually explicit acts; 67B children). |
| 69 | Interception, monitoring or decryption (Central or State Government). |
| 69A | Blocking public access to information (Central Government only); upheld in Shreya Singhal. |
| 70B | CERT-In, the national agency for incident response. |
| 75 | Act applies to offences committed outside India involving a computer located in India. |
| 78 | Investigation by a police officer not below the rank of Inspector. |
| 79 | Safe harbour for intermediaries, subject to due diligence and takedown on actual knowledge. |
| Bharatiya Sakshya Adhiniyam, 2023 | |
| 2(1)(d) | “Document” includes electronic and digital records. |
| 39(2) | Opinion of the Examiner of Electronic Evidence (section 79A IT Act) is relevant. |
| 57, Expl. 4-7 | When an electronic record is primary evidence (multiple files, proper custody, video streams, temporary files). |
| 61 | Electronic record not inadmissible merely because it is electronic. |
| 63 | Admissibility of electronic records; certificate under 63(4) in the Schedule (Part A party, Part B expert, hash value). Formerly section 65B. |
| 90 | May presume an e-mail corresponds to what was sent; no presumption as to sender. |
| 93 | May presume the electronic signature on a five-year-old electronic record. |
| BNS and BNSS, 2023 | |
| BNS 78 | Stalking, including monitoring a woman’s use of internet or e-mail. |
| BNS 111 | Organised crime; names “cyber-crimes”. |
| BNS 319 | Cheating by personation. |
| BNSS 173 | FIR orally or by electronic communication, irrespective of area (zero FIR); e-FIR signed within three days. |
| BNSS 105 | Search and seizure recorded by audio-video electronic means. |
| Digital Personal Data Protection Act, 2023 | |
| 6 | Consent: free, specific, informed, unconditional, unambiguous; may be withdrawn. |
| 8 | Obligations of Data Fiduciary: security safeguards, breach intimation, erasure. |
| 9 | Children: verifiable parental consent; no tracking or targeted advertising. |
| 29 | Appeal from the Data Protection Board to TDSAT within sixty days. |
2. Six leading cases
| Case | One line |
|---|---|
| Shreya Singhal v. Union of India, 2015 INSC 257 | Section 66A struck down under Article 19(1)(a); section 69A upheld; section 79 read down to court order or government notification. |
| Justice K.S. Puttaswamy v. Union of India, 2017 INSC 801 | Nine judges: privacy, including informational privacy, is a fundamental right under Article 21 and Part III. |
| Anvar P.V. v. P.K. Basheer, 2014 INSC 645 | Section 65B is a complete code; the certificate is mandatory for secondary electronic evidence; Navjot Sandhu overruled on this point. |
| Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, 2020 INSC 453 | The 65B(4) certificate is a condition precedent unless the original device is produced; Shafhi Mohammad overruled. |
| Anuradha Bhasin v. Union of India, 2020 INSC 31 | Speech and trade through the internet are protected; shutdowns must be temporary, proportionate and published. |
| Sharat Babu Digumarti v. Govt. of NCT of Delhi, 2016 INSC 1131 | For obscene electronic material the IT Act, a special law, prevails; no parallel prosecution under section 292 IPC. |
How AIBE asks this
Most Cyber Law questions in AIBE give a description and ask for the section, or give a case and ask for its holding. Some test the change from the old laws to the new (section 65B to section 63 BSA) or a number in the rules (fifty lakh users, six hours, sixty days). Practise matching in both directions: section to content and content to section.
Practice set: 25 questions
- Section 66A of the IT Act was struck down in:
(A) Anuradha Bhasin v. Union of India
(B) Shreya Singhal v. Union of India
(C) Justice K.S. Puttaswamy v. Union of India
(D) Sharat Babu Digumarti v. Govt. of NCT of DelhiAnswer
(B). Struck down in 2015 as violating Article 19(1)(a). - The IT Act does not apply to:
(A) a cheque
(B) an e-mail contract for sale of goods
(C) a will
(D) an online bank statementAnswer
(C). Wills are in the First Schedule (section 1(4)); cheques are expressly carved out of the negotiable instruments exclusion. - Authentication of an electronic record by digital signature uses:
(A) symmetric crypto system and hash function
(B) asymmetric crypto system and hash function
(C) biometric verification only
(D) one-time passwordAnswer
(B). Section 3(2). - The adjudicating officer under section 46 decides claims for injury or damage not
exceeding:
(A) Rs. 1 crore
(B) Rs. 5 crore
(C) Rs. 10 crore
(D) Rs. 50 lakhAnswer
(B). Section 46(1A); above Rs. 5 crore, the competent court. - After the Finance Act, 2017, appeals from the Controller or an adjudicating officer lie to:
(A) the Cyber Appellate Tribunal
(B) the High Court
(C) TDSAT
(D) NCLATAnswer
(C). Section 48 makes TDSAT the Appellate Tribunal; appeal under section 57. - An appeal from the Appellate Tribunal to the High Court under section 62 must be filed
within:
(A) 30 days
(B) 45 days
(C) 60 days
(D) 90 daysAnswer
(C). Sixty days from communication of the order. - Fraudulent use of another person’s password is punishable under:
(A) section 66B
(B) section 66C
(C) section 66D
(D) section 66EAnswer
(B). Identity theft. - Cyber terrorism under section 66F is punishable with imprisonment which may extend to:
(A) seven years
(B) ten years
(C) fourteen years
(D) lifeAnswer
(D). Imprisonment for life. - Offences under the IT Act are investigated by a police officer not below the rank of:
(A) Sub-Inspector
(B) Inspector
(C) Deputy Superintendent
(D) SuperintendentAnswer
(B). Section 78. - Unauthorised access to a protected system under section 70 is punishable with imprisonment
up to:
(A) three years
(B) seven years
(C) ten years
(D) lifeAnswer
(C). Section 70(3), with fine. - CERT-In’s 2022 directions require listed cyber incidents to be reported within:
(A) 6 hours
(B) 24 hours
(C) 72 hours
(D) 7 daysAnswer
(A). Directions of 28 April 2022 under section 70B(6). - A significant social media intermediary is one with registered users in India above:
(A) 5 lakh
(B) 10 lakh
(C) 50 lakh
(D) 1 croreAnswer
(C). The threshold notified under rule 2(1)(v) of the IT Rules, 2021. - An appeal to a Grievance Appellate Committee under rule 3A of the IT Rules, 2021 lies
within:
(A) 15 days
(B) 30 days
(C) 45 days
(D) 60 daysAnswer
(B). Thirty days from the Grievance Officer’s communication. - In Anuradha Bhasin (2020), the Supreme Court held that:
(A) internet access is an absolute right
(B) internet suspension may be indefinite
(C) restrictions on internet use must be proportionate and orders must be published
(D) section 69A is unconstitutionalAnswer
(C). Indefinite suspension is impermissible; orders must be made available for challenge. - Monitoring a woman’s use of e-mail is an offence under:
(A) section 75 BNS
(B) section 77 BNS
(C) section 78 BNS
(D) section 79 BNSAnswer
(C). Stalking. - The BNS section on organised crime that names “cyber-crimes” is:
(A) section 111
(B) section 112
(C) section 113
(D) section 308Answer
(A). Section 111(1). - “All trials, inquiries and proceedings may be held in electronic mode” is
provided in:
(A) section 173 BNSS
(B) section 336 BNSS
(C) section 530 BNSS
(D) section 63 BSAAnswer
(C). Section 530 BNSS. - The certificate for electronic evidence under the BSA is required by:
(A) section 61
(B) section 62
(C) section 63(4)
(D) section 65B(4)Answer
(C). Section 65B(4) was the Evidence Act provision; the BSA equivalent is section 63(4), with the form in the Schedule. - The Schedule certificate under the BSA must state:
(A) the hash value of the electronic record
(B) the IP address of the court
(C) the FIR number
(D) the stamp duty paidAnswer
(A). Both Part A and Part B record the hash value and the algorithm used, with a hash report enclosed. - The section 65B certificate was held to be a condition precedent, and Shafhi
Mohammad overruled, in:
(A) Navjot Sandhu (2005)
(B) Anvar P.V. (2014)
(C) Arjun Panditrao Khotkar (2020)
(D) Puttaswamy (2017)Answer
(C). Three-judge bench, 14 July 2020. - Under section 90 BSA, the Court may presume that an e-mail corresponds with the message
sent, but may not presume:
(A) the date of sending
(B) the person by whom it was sent
(C) the contents
(D) the server usedAnswer
(B). No presumption as to the sender. - Which section of the IT Act provides compensation for failure to protect sensitive personal
data?
(A) section 43
(B) section 43A
(C) section 72
(D) section 72AAnswer
(B). Body corporate negligent in reasonable security practices. - Under the DPDP Act, consent must be all of the following except:
(A) free
(B) specific
(C) conditional
(D) unambiguousAnswer
(C). Section 6(1) requires consent to be unconditional. - Tracking, behavioural monitoring and targeted advertising directed at children are barred
by:
(A) section 6 DPDP Act
(B) section 8 DPDP Act
(C) section 9 DPDP Act
(D) section 10 DPDP ActAnswer
(C). Section 9(3). - The main obligations and rights under the DPDP Act come into force, under the notification of
13 November 2025:
(A) on 13 November 2025
(B) one year after notification
(C) eighteen months after notification
(D) on a date yet to be notifiedAnswer
(C). Sections 3 to 17 and the penalty provisions commence eighteen months later, on 13 May 2027.