Question 4 (a)
Three statements on the IT Act: electronic records, cyber terrorism, e-governance
9 marks
- Time to write
- About 18 minutes
From an older CBCS paper
Question
Question 4 (a) · 9 marksComment on each of the following statements:
Electronic records are less authentic than hard copies.
Under the IT (Amendment) Act, 2008, Cyber Terrorism has been regarded as a cyber crime.
To facilitate e-governance is one of the main objects of the IT Act.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- (i)–(iii)3 items, each marked on its own: give each its share.
What the paper leaves open
This older-course question examines the Information Technology Act, 2000, which the current UGCF Business Laws syllabus does not name; it is answered as printed.
Write it in this order
The parts stand alone: start with the one you are surest of.
- Read; underline the asks; jot your points 1 min
- 1 (i) Section 4 and 5: legal recognition of electronic records and signatures 3 marks 5 min
- 2 (ii) Section 66F: cyber terrorism and its punishment 3 marks 5 min
- 3 (iii) Chapter III, Electronic Governance 3 marks 5 min
- Check: every ask answered, key terms underlined 2 min
Short on time? A few lines on every part beat a full answer to one: each part is capped at its own marks.
Try it first. About 18 minutes for 9 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(i) Electronic records are less authentic than hard copies: not correct. Section 4 of the Information Technology Act, 2000 gives electronic records legal recognition: where any law requires information to be in writing or in typewritten or printed form, the requirement is deemed satisfied if the information is rendered or made available in an electronic form and is accessible so as to be usable for a subsequent reference. Section 5 likewise treats a requirement of a signature as satisfied by an electronic signature affixed in such manner as the Central Government may prescribe. An electronic record so authenticated has the same legal standing as a paper document; it is not, in law, a weaker form of record.
(ii) Cyber terrorism is a cyber crime under the Act as amended in 2008: correct. Section 66F makes it an offence. A person commits cyber terrorism who, “with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people” (s. 66F(1)(A)), denies, or causes the denial of, access to a person authorised to access a computer resource, tries, without authorisation or beyond the access authorised, to penetrate or access a computer resource, or introduces, or causes to be introduced, a computer contaminant, and by that conduct causes or is likely to cause death or injury to persons, or property being damaged or destroyed, “or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70” (s. 66F(1)(A)); or who knowingly or intentionally penetrates or accesses a computer resource without authorisation, or exceeding authorised access, and by that conduct obtains access to information, data or a computer database that is restricted for reasons of the security of the State or foreign relations, or to other restricted information, data or computer database with reason to believe that what he gets in this way “may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise” (s. 66F(1)(B)). Whoever commits or conspires to commit cyber terrorism is punishable with imprisonment which may extend to imprisonment for life.
(iii) E-governance as an object of the IT Act: correct. Chapter III of the Act is headed "Electronic Governance". It gives legal recognition to electronic records (section 4) and electronic signatures (section 5), so that information may be rendered, filed and authenticated electronically wherever a law requires writing or a signature. Facilitating government work through such electronic records is therefore one of the Act's main objects.
Conclusion. Statement (i) is wrong; statements (ii) and (iii) are right.
Where the 9 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (i) Section 4 and 5: legal recognition of electronic records and signatures | 3 |
| 2 | (ii) Section 66F: cyber terrorism and its punishment | 3 |
| 3 | (iii) Chapter III, Electronic Governance | 3 |
| Total | 9 |
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