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https://www.niiconsulting.com/innovation/IT%20Act%202000.pdf

http://meity.gov.in/content/information-technology-act-2000

What is NFC technology used for?

At the time of writing the NFC standard has three modes of operation: the peer-to-peer mode that lets two smartphones swap data, a read/write mode in which one active device picks up info from a passive one, and card emulation, in which an NFC device such as a smartphone can be used like a contactless credit card.

How does NFC device work?

Just like Bluetooth and WiFi, and all manner of other wireless signals, NFC workson the principle of sending information over radio waves. ... The technology used inNFC is based on older RFID (Radio-frequency identification) ideas, which uses electromagnetic induction in order to transmit information.

How do I use NFC on my phone?

If your device has NFC, the chip and Android Beam need to be activated so that you can use NFC:

1. Go to Settings > More.
2. Tap on the NFC switch to activate it. The Android Beam function will also automatically turn on.
3. If Android Beam does not automatically turn on, just tap it and select Yes to turn it on.

Offences[edit]

List of offences and the corresponding penalties:^[8][9]

Section	Offence	Description	Penalty
65	Tampering with computer source documents	If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.	Imprisonment up to three years, or/and with fine up to ₹200,000
66	Hacking with computer system	If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.	Imprisonment up to three years, or/and with fine up to ₹500,000
66B	Receiving stolen computer or communication device	A person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen.	Imprisonment up to three years, or/and with fine up to ₹100,000
66C	Using password of another person	A person fradulently uses the password, digital signature or other unique identification of another person.	Imprisonment up to three years, or/and with fine up to ₹100,000
66D	Cheating using computer resource	If a person cheats someone using a computer resource or communication.	Imprisonment up to three years, or/and with fine up to ₹100,000
66E	Publishing private images of others	If a person captures, transmits or publishes images of a person's private parts without his/her consent or knowledge.	Imprisonment up to three years, or/and with fine up to ₹200,000
66F	Acts of cyberterrorism	If a person denies access to an authorised personnel to a computer resource, accesses a protected system or introduces contaminant into a system, with the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyberterrorism.	Imprisonment up to life.
67	Publishing information which is obscene in electronic form.	If a person publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.	Imprisonment up to five years, or/and with fine up to ₹1,000,000
67A	Publishing images containing sexual acts	If a person publishes or transmits images containing a sexual explicit act or conduct.	Imprisonment up to seven years, or/and with fine up to ₹1,000,000
67B	Publishing child porn or predating children online	If a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child into a sexual act. A child is defined as anyone under 18.	Imprisonment up to five years, or/and with fine up to ₹1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to ₹1,000,000 on second conviction.
67C	Failure to maintain records	Persons deemed as intermediatary (such as an ISP) must maintain required records for stipulated time. Failure is an offence.	Imprisonment up to three years, or/and with fine.
68	Failure/refusal to comply with orders	The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder. Any person who fails to comply with any such order shall be guilty of an offence.	Imprisonment up to three years, or/and with fine up to ₹200,000
69	Failure/refusal to decrypt data	If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.	Imprisonment up to seven years and possible fine.
70	Securing access or attempting to secure access to a protected system	The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system. The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offence.	Imprisonment up to ten years, or/and with fine.
71	Misrepresentation	If anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate.	Imprisonment up to three years, or/and with fine up to ₹100,000

Notable cases[edit]

Section 66[edit]

• In February 2001, in one of the first cases, the Delhi police arrested two men running a web-hosting company. The company had shut down a website over non-payment of dues. The owner of the site had claimed that he had already paid and complained to the police. The Delhi police had charged the men for hacking under Section 66 of the IT Act and breach of trust under Section 408 of the Indian Penal Code. The two men had to spend 6 days in Tihar jail waiting for bail. Bhavin Turakhia, chief executive officer of directi.com, a webhosting firm said that this interpretation of the law would be problematic for web-hosting companies.^[10]
• In February 2017, M/s Voucha Gram India Pvt.Ltd, owner of Delhi based Ecommerce Portal www.gyftr.com made a Complaint with Hauz Khas Police Station against some hackers from different cities accusing them for IT Act / Theft / Cheating / Misappropriation / Criminal Conspiracy / Criminal Breach of Trust / Cyber Crime of Hacking / Snooping / Tampering with Computer source documents and the Web Site and extending the threats of dire consequences to employees, as a result four hackers were arrested by South Delhi Police for Digital Shoplifting.^[11]

Section 66A[edit]

• In September 2012, a freelance cartoonist Aseem Trivedi was arrested under Section 66A of the IT Act, Section 2 of Prevention of Insults to National Honour Act, 1971 and for sedition under the Section 124 of the Indian Penal Code.^[12] His cartoons depicting widespread corruption in India were considered offensive.^[13][14]
• On 12 April 2012, a Chemistry professor from Jadavpur University, Ambikesh Mahapatra, was arrested for sharing a cartoon of West BengalChief Minister Mamata Banerjee and then Railway Minister Mukul Roy.^[15] The email was sent from the email address of a housing society. Subrata Sengupta, the secretary of the housing society, was also arrested. They were charged under Section 66A and B of the IT Act, for defamation under Sections 500, for obscene gesture to a woman under Section 509, and abetting a crime under Section 114 of the Indian Penal Code.^[16]
• On 30 October 2012, a Puducherry businessman Ravi Srinivasan was arrested under Section 66A. He had sent tweet accusing Karti Chidambaram, son of then Finance Minister P. Chidambaram, of corruption. Karti Chidambaram had complained to the police.^[17]
• On 19 November 2012, a 21-year-old girl was arrested from Palghar for posting a message on Facebook criticising the shutdown in Mumbai for the funeral of Bal Thackeray. Another 20-year-old girl was arrested for "liking" the post. They were initially charged under Section 295A of the Indian Penal Code (hurting religious sentiments) and Section 66A of the IT Act. Later, Section 295A was replaced by Section 505(2) (promoting enmity between classes).^[18] A group of Shiv Sena workers vandalised a hospital run by the uncle of one of girls.^[19] On 31 January 2013, a local court dropped all charges against the girls.^[20]
• On 18 March 2015, a teenaged boy was arrested from Bareilly, Uttar Pradesh, for making a post on Facebook insulting politician Azam Khan. The post allegedly contained hate speech against a community and was falsely attributed to Azam Khan by the boy. He was charged under Section 66A of the IT Act, and Sections 153A (promoting enmity between different religions), 504 (intentional insult with intent to provoke breach of peace) and 505 (public mischief) of Indian Penal Code. After the Section 66A was repealed on 24 March, the state government said that they would continue the prosecution under the remaining charges.^[21][22]

Criticisms[edit]

Section 66A and restriction of free speech[edit]

From its establishment as an amendment to the original act in 2008, Section 66A attracted controversy over its unconstitutional nature:

Section	Offence	Description	Penalty
66A	Publishing offensive, false or threatening information	Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine.	Imprisonment up to three years, with fine.