Cyber Laws in India
Cyber Laws in India
Cyber Laws in India
In India, cyber laws are contained in the Information Technology Act, 2000 (“IT Act”) which
came into force on October 17, 2000. The main purpose of the Act is to provide legal recognition
to electronic commerce and to facilitate filing of electronic records with the Government.
The existing laws of India, even with the most compassionate and liberal interpretation could not
be interpreted in the light of the emergency cyberspace, to include all aspects relating to different
activities in cyberspace. In fact, the practical experience and the wisdom of judgement found that
it shall not be without major threats and pitfalls, if the existing laws were to be interpreted in the
scenario of emerging cyberspace, without enacting new cyber laws. Hence, the need for
enactment of relevant cyber laws.
None of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For
example, the Net is used by a large majority of users for email. Yet till today, email id not
“legal” in our country. There is no law in the country, which gives legal validity, and sanction to
email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the
legality of email in the absence of any specific law having been enacted by the Parliament. As
such the need has arisen for Cyber law.
Conclusion
To sum up, though a crime free society is perfect and exists only in illusion, it should be constant
attempt of rules to keep the criminalities lowest. Especially in a society that is dependent more
and more on technology, crime based on electronic law-breaking are bound to increase and the
law makers have to go the extra mile compared to the impostors, to keep them at bay.
Technology is always a double-edged sword and can be used for both the purposes – good or
bad. Steganography, Trojan Horse, Scavenging (and even Dos or DDos) are all technologies and
per se not crimes, but falling into the wrong hands with an illicit intent who are out to exploit
them or misuse them, they come into the array of cyber-crime and become punishable offences.
Hence, it should be the tenacious efforts of rulers and law makers to ensure that technology
grows in a healthy manner and is used for legal and ethical business growth and not for
committing crimes. It should be the duty of the three stake holders viz. i) the rulers, regulators,
law makers and agents ii) Internet or Network Service Suppliers or banks and other intercessors
and iii) 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.
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The existing laws of India, even with the most compassionate and liberal interpretation could not
be interpreted in the light of the emergency cyberspace, to include all aspects relating to different
activities in cyberspace. In fact, the practical experience and the wisdom of judgement found that
it shall not be without major threats and pitfalls, if the existing laws were to be interpreted in the
scenario of emerging cyberspace, without enacting new cyber laws. Hence, the need for
enactment of relevant cyber laws.
None of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For
example, the Net is used by a large majority of users for email. Yet till today, email id not
“legal” in our country. There is no law in the country, which gives legal validity, and sanction to
email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the
legality of email in the absence of any specific law having been enacted by the Parliament. As
such the need has arisen for Cyber law.
World and Cyber Laws
# The Great firewall of China monitors every moment in cyber space and protect to publish any
offensive content.
# China have an hold on every content which is harmful of dangerous for the government of
China.
# Brazil is considered world’s biggest airport for Hackers.
# Iran is also a dangerous country for the Netizens. He also have a Crime Police unit for crime in
Cyber Space.
Conclusion
To sum up, though a crime free society is perfect and exists only in illusion, it should be constant
attempt of rules to keep the criminalities lowest. Especially in a society that is dependent more
and more on technology, crime based on electronic law-breaking are bound to increase and the
law makers have to go the extra mile compared to the impostors, to keep them at bay.
Technology is always a double-edged sword and can be used for both the purposes – good or
bad. Steganography, Trojan Horse, Scavenging (and even Dos or DDos) are all technologies and
per se not crimes, but falling into the wrong hands with an illicit intent who are out to exploit
them or misuse them, they come into the array of cyber-crime and become punishable offences.
Hence, it should be the tenacious efforts of rulers and law makers to ensure that technology
grows in a healthy manner and is used for legal and ethical business growth and not for
committing crimes. It should be the duty of the three stake holders viz. i) the rulers, regulators,
law makers and agents ii) Internet or Network Service Suppliers or banks and other intercessors
and iii) 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.
LawArticles
How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to
Obtain a D...
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...
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Origin of Writ In common law, Writ is a formal written order issued by a body with
administrati...
Home | Lawyers | About Us | Editorial Team | Privacy Policy | Terms of Use | Disclaimer | RSS
Feeds | Contact Us
Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) ©
2000-2022
ISBN No: 978-81-928510-0-6