The Definitions That Decide a Cyber Offence

In one line

The offences in this Act are built out of eight defined words, and the widest of them, computer resource, swallows the computer, the network, the data, the database and the software all at once.

In the wording a student can write in an exam: by section 2(1)(k) of the Information Technology Act, 2000 "computer resource" means computer, computer system, computer network, data, computer data base or software.

Why the definitions decide the case

Every offence in Chapter XI is written with these words. Section 66 punishes doing an act referred to in section 43 dishonestly or fraudulently, and section 43 is about a computer, computer system or computer network. Section 66C is about a unique identification feature. Section 66F is about a computer resource. Section 79 is about an intermediary.

So the first question in a cyber crime problem is never the offence. It is whether the thing attacked is within the definition, and whether the person charged is an intermediary or an originator.

And the definitions were widened in 2009. The footnotes show that "computer network" was substituted, "communication device", "cyber security", "electronic signature" and the definition of intermediary all changed or arrived by Act 10 of 2009, with effect from 27 October 2009, and that "cyber cafe" and "Appellate Tribunal" were touched by Act 7 of 2017, with effect from 26 May 2017.

The eight that matter

"Computer", section 2(1)(i). Any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities connected or related to it in a computer system or network.

"Computer system", section 2(1)(l). A device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used with external files, which contain computer programmes, electronic instructions, input data and output data, and which performs logic, arithmetic, data storage and retrieval, communication control and other functions.

"Computer network", section 2(1)(j). The interconnection of one or more computers or computer systems or communication device through (i) satellite, microwave, terrestrial line, wire, wireless or other communication media, and (ii) terminals or a complex of two or more interconnected computers or communication devices, whether or not the interconnection is continuously maintained.

"Computer resource", section 2(1)(k). Computer, computer system, computer network, data, computer data base or software. Six things in one word.

"Data", section 2(1)(o). A representation of information, knowledge, facts, concepts or instructions being prepared, prepared, being processed or processed in a computer system or network, in any form including printouts, magnetic or optical storage media, punched cards and punched tapes, or stored internally in the memory of the computer.