The dawn of cyber laws in India started with the boom in globalization and computerization in India. The number of cyber-crimes registered each year in India is shocking and it is only getting worse. This is because the pool of gullible prey for cyber conmen has shot up with India going digital. This calls for a basic understanding of the laws that govern the cyber space in India.
The Cyber Laws in India or the Information Technology Act, 2000 was amended in 2008 to include cyber-crimes related to banking and financial transactions.
India enacted the Information Technology Act, 2000 (“IT Act”) on 09 June 2000. The IT Act now becomes the law of land in India which in general terms is also known as Cyber Law. The IT Act is based on the UNCITRAL model law on e-commerce. The preamble of the IT Act simply indicates that the Act is centered on affording legal recognition to transactions carried out electronically. However, the scope of the IT Act goes much beyond its preamble. It covers multiple areas including data protection and security, cybercrimes, adjudication of cyber disputes, government mandated surveillance of digital communication, and intermediary liability.
The following Act, Rules, and regulations are included under cyber laws.
1. Information Technology Act,2000
2. Information Technology (Certifying Authorities) Rules,2000
3. Information Technology (Security Procedure) Rules, 2004
4. Information Technology (Certifying Authority) Regulations, 2001
5. The Indian Evidence Act, 1872
6. The Bankers Books Evidence Act, 1891
Emerging technologies, explosion of digital business models and a substantial increase in the instances of cybercrimes have triggered the government to take steps to fast track the process of amending the IT Act.
In a cyber-crime, computer or the data itself is the target or the object of offence or a tool in committing some other offence, providing the necessary inputs for that offence. All such acts of crime will come under the broader definition of cyber-crime.
Cyber law encompasses laws relating to:
Under this law, there is a provision for imposition of penalty in case of any non-compliance. The following are some of the penalty provisions as prescribed under the law.
In today’s techno-savvy environment, the internet is treated as a research and information sharing tool. Since the number of internet users is on the rise, it gives birth to Cyber Crimes. All issues relating to cybercrime or internet crime are dealt with through Cyber Law. So, to get the remedy against Cyber Crime, the need for Cyber-law arises.
Cyber-law is important in a country like India where the internet is used to a large extent. The law is enacted to save people and organizations from cybercrime and other internet-related crimes. It protects the privacy of every individual and organization. Before the enactment of Cyber-law, no specific law existed in India to deal with cybercrime. As per rules and regulations of the Cyber-law, a person who commits cybercrime is liable to get punishment. If anyone violates and breaks the provisions of the law, then it allows another person or organization to take legal action against that person.
The requirement of Cyber Law can arise as under:
Anyone using the internet should exercise some basic precautions. Following are some basic precautions:
With the adoption of the IT Act, India is now one of the few countries in the world that have a separate law to deal with IT issues and crimes. This has now paved the way for incredible growth in the fields of e-commerce and internet transactions which has, in turn, resulted in advanced economic growth.
Regardless, the implementation of the Act along with its counterpart, the IT Rules, has been successful in tackling cyber-crimes so far. With the ever-growing world of new technology and expanding cyberspace, we aren’t yet aware of what kind of cyber-crimes may arise. Cyber law is the appropriate law to provide a remedy against Cybercrime. At present, people who commit cyber-crime offenses think twice about the cyber law, before committing any such offenses. The law helps in decreasing the rate of cybercrime offenses.