Indian Law: Violation of Cyber Law through Unauthorized Access

In cyber law, the term ‘unauthorized access’ pertains to an act of accessing or entering into memory functions resources of a computer, computer system or computer network in an unauthorized way. This falls in the category of a serious form of cyber crime. Cyber criminals often gain illegal entry into computer system and network of others without their knowledge to commit crimes such as frauds, theft, defamation and mischief.

Often hackers develop or use already existing computer software to hack the target computer.

Some common cyber crimes include:

• accessing credit card information
• online theft from various bank accounts
• accessing confidential information related to the country’s defense and security
• taking unauthorized control over the web server of another website

Indian Law: Definition of the Term ‘Access’

The term ‘Access’ is defined under the section 2(1) (a) of the Act, as gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network.

However, this Section of the Act does not recognize a person’s intention for unauthorized access. Executing few basic and harmless activities, without the permission of the owner of the computer, may also amount to an offence under the Act. This includes acts such as switching on the computer, taking a print out or surfing the internet, if done without authorized access.

Indian Law: Legal Restrictions on Unauthorized Access

The increased cyber crime rate calls for stringent and customized cyber laws for regulating and controlling the criminal activities. These cyber laws should provide assurance to the public, empowerment to law enforcement authorities and punishments to criminals.

In India, cyber crimes are addressed by the Information Technology Act, 2000. Under the provisions of the Act, unauthorized access is prohibited irrespective of the intention or objective and an offender may be fined up to Rs.1 crore.  However, the liability to prove the accused guilty lies on the complainant.