IMPORTANCE OF CYBER LAW IN INDIA
Cyberspace is the computer-generated realm of the internet, and the rules that control it are regarded as Cyber laws. And all consumers of this area are subject to these laws, and it has a kind of global authority. Cyber law is a field of law that deals with legal problems arising from the usage of related digital technologies on the internet. In a nutshell, cyber law governs machines and the internet, and the persons that deal with them.
The rise of electronic shopping and transactions has sparked the need for more vibrant and efficient legislative frameworks to reinforce further the legal system that is so vital to its success. Cyber law covers many of these governing processes and legislative procedures.
Since it covers virtually all facets of transactions and events affecting the internet and cyberspace, cyber law is significant. In cyberspace, any move and response have inevitable legal and cyber legal consequences.
WHAT ARE CYBER CRIMES?
The Information Technology Act of 2000, the National Cyber Security Policy of 2013, and any other Indian legislation do not describe cybercrime. In truth, it may not be possible to do so. The Indian Penal Code, 1860, and various other statutes also elaborately deal with crime and offense, listing different actions and sentences for both. As a consequence, cyber-crime may be described as a mixture of crime and the use of the internet. To put it another way, cyber-crime is any offense or crime that involves using a device that connects to the internet. Surprisingly, even minor offences such as theft or pickpocketing may be categorized as cybercrime when the essential details or assistance to the crime is done with the use of a computer or knowledge contained on a laptop used (or misused) by the fraudster or thief. The Information Technology Act specifies a machine, computer network, data, knowledge, and other essential ingredients that make up a cybercrime.
In a cyber-crime, the machine or the data itself is the victim. The focus of the crime or a mechanism used to conduct another crime by supplying the required inputs is what the real crime consists of. Many of these types of crimes will fall under the umbrella of cyber-crime.
The term “cyber rule” refers to rules that deal with:
- Signatures, both electronic and interactive.
- Intellectual property.
- Privacy and data security.
Why is it essential to have a cyber law in India?
In today’s technologically advanced society, the world is growing more digitally sophisticated, as are the crimes. The internet was founded as a medium for analysis and knowledge exchange, and it was uncontrolled at the time. With e-business, e-commerce, e-governance, and e-procurement, it became more transactional over time. Cyber regulations include legal questions relating to internet crime. When the number of citizens accessing the internet increases, so does the need for cyber laws and their enforcement.
Cyber law affects nearly all in today’s increasingly digitalized environment. Consider the following scenario:
- Almost all stock trades are made on an online depository.
- Almost all businesses rely heavily on their computing networks and store sensitive information in electronic form.
- Electronically filled government documents, such as income tax returns and corporate law firms, are now the standard.
- Credit and debit cards are becoming more familiar with shoppers.
- The majority of people connect through email, phone calls, and text messages.
- Even in “non-cyber crime” scenarios, such as homicide, abduction, robbery, tax fraud, organised crime, terrorism operations, counterfeit money, and so on, important information is contained in computers/cell phones.
- Online banking frauds, online stock exchange frauds, source code stealing, credit card fraud, tax evasion, malware attacks, cyber sabotage, phishing attacks, email hijacking, denial of service, ransomware, pornography, and other cybercrime cases are becoming more popular.
- Digital signatures and e-contracts are rapidly displacing traditional business practises.
Technology is never a contentious topic, but who gets it and at what expense has become a point of contention in the governance realm. Compared to earlier developments that had a trickle-down impact, the cyber transition aims to hit the people rapidly. Only an effective legal regime built on a defined socio-economic matrix will realize such hope and ability.
What are the laws in India on cybercrime?
India has expanded tremendously in import-export and other associated ancillary market operations in the internet sector, including the IT industry since the implementation of the LPG Policy in 1991. Because of the importance and seriousness of cybercrime, India’s Parliament passed the Information and Technology Act, 2000, on October 17, 2000. Because of the time of its implementation, it is simple to believe that the Act’s reach and implementation were limited to cases concerning cybercrime and crimes involving electronic commerce.
The Information and Technology Act of 2000 explicitly establishes the regulatory basis for electronic governance by identifying electronic documents and digital fingerprints and defining the penalty for perpetrators of cybercrime. It also created a Cyber Appellate Tribunal to settle conflicts, especially cybercriminals, and online frauds.
Apart from that, some of the statutory provisions of the Indian Penal Code, 1860, particularly in the crimes of fraud, criminal intimidation, cheating, breach of trust, abetment of suicide by blackmailing, and so on, can be charged on the accused depending on the circumstances and the Court’s discretionary powers if committed via online medium; however, it should be noted that a person cannot be punished twice for the same offense.
To summarise, while a crime-free world is ideal and just a dream, there should be a relentless effort to hold criminalities to a minimum by applying laws. Crime focused on cyber law-breaking is bound to rise, particularly in a society that is becoming increasingly reliant on technology. Lawmakers would have to go the extra mile to hold criminals to the charge. Software is still a two-edged weapon that can be used for both positive and negative intentions. Trojan Horse, Scavenging (and sometimes Dos or DDos) are all tools that are not criminals in and of themselves. However, when they fall into the wrong hands of a sinister with an intent to hack or manipulate them, they fall into the definition of cyber-crime and become punishable offenses. Consequently, leaders and lawmakers should make strenuous attempts to ensure that technology advances safely and is utilized for legitimate and responsible market development rather than illegal behavior.
It should be the obligation of the stakeholders, namely, the authorities, regulators, lawmakers to regulate cyberspace properly. Internet users, Internet or Network Service Providers, banks, and the e-commerce service providers, should take charge of information protection and legitimate use of the Internet by performing their respective duties within the approved limits and maintaining conformity with the law of the country.