June 13, 2021

CYBER LAWS IN INDIA

Cyber law is otherwise called Digital Law or Internet Law. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet. Cyber law is important because it touches almost all aspects of transactions and activities and on involving the internet, World Wide Web and cyberspace.  

Team (CERT-In), set up by the Central government in 2004 as a national agency for incident response, has reported around 8.5 lakh cybersecurity cases like phishing, spoofing, network scanning and probing, data breaches, disruption of services, virus infection, code manipulation and website hacking from 2004 till October 2019. Cyber law is the law administering PCs and the web. 

Cyber law encompasses laws relating to: 

  • Cybercrimes 
  • Data protection and privacy 
  • Electronic and digital signatures 
  • Intellectual property 

The Parliament of India has passed its first Cyber law, the Information Technology Act, 2000 which provides the legal infrastructure for E-commerce in India.  

The objective of The Information Technology Act,2000 as defined therein is as under:  

“to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker’s Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.” The IT act provides punishment for the cybercrimes. 

Apart from The Information Technology Act 2000 and Indian Penal Code 1860, there are various other laws relating to cybercrime in India. There are many civil laws as well as Tort laws related to the same. They are as follows: 

  • Common law (governed by the general principles of law) 
  • The Information Technology (Certifying Authorities) Rules, 2000 
  • The Information Technology (Amendment) Act, 2008 and 2009 
  • The Information Technology (Removal of difficulties) Order, 2002 
  • The Information Technology (Certifying Authorities) Regulations, 2001 
  • The Information Technology (Securities Procedure) Rules, 2004 
  • The Bankers` Book Evidence Act, 1891 
  • The Reserve Bank of India Act, 1934 
  • Various laws relating to IPRs 

Internet can be treated as a boon and bane at the same time. It is upon the people who make usage of it. There are different types of cybercrimes like Hacking, Matrimonial Frauds, Salami Attacks, Cyber Terrorism, Cyber stalking etc and the help of these acts the cybercrimes can be curbed. The law makers while making these laws considered the severity of these crimes and now it is the duty of the users to take care of information security playing their respective role within the permitted limitations and ensuring obedience with the law of the land. 

REFERENCES

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