CYBER LAW IN INDIA

Cyber laws are not separate from the laws already established. They exist for regulating the
digital transfers and transactions of information in the world. India is a country with a huge
developing population, cyber crimes have become common in society and for controlling
them we need cyber laws. The discussion of Cyber laws in India brings into picture the
Information Technology Act, 2000 (IT Act) which mainly keeps a check on the computer or
cybercrimes, e-commerce, and electronic data records and privacy, electronic transactions,
etc. The act was passed in 2000, signed and approved by the president and the ministry of
information technology. The IT act also considers the security issues while the transactions
take place and the laws validate the digital signatures and even authentication documents that
have to be accepted.

In India, as technology usage was increasing the need for cyber laws was increasing because
of the need for regulations on the internet as technology dependency too has pros and cons.

OBJECTIVES

The need for the cyber laws brought the IT Act, 2000 whose main objectives were-

 Preventing internet users from cybercrime and giving basic online privacy.
 Give regulations and legally considering the online accounting system by the banks
and other organizations.
 Making the digital signatures valid to accept the agreements which are made online.
 All the e-transactions are given legal recognition and legal background
 Update the acts and organizations which use online transactions and data such as IT
Act, 2000 updated the Reserve Bank of India, the Indian Evidence Act, Indian Penal
Code 1860, etc.

IT ACT, 2000

The act which applies to the whole of India contains 94 sections in which information is
divided into 13 chapters and 4 schedules. If any crime related to the networks in India is done
then this act will be applied even on the other nationalities person practicing the cybercrime.

The cybercrimes and their types are too defined in the act. Even the penalties and the basic
legal framework for governing electronic transactions and records are provided by the act.
For issuance of the digital signatures, the act regulated the formation of the Controller of
Certifying Authorities and even established the Cyber Appellate Tribunal for the solving of
any dispute arising from the web related activities.

Amendments

The amendments which majorly affected the act took place in 2008. It introduced one of the
common offenses these days section 66A which dealt with offensive messages and penalize
the sending of such messages. It gave the government power and authority through any
computer resource for interception or monitoring or decryption of any information under
section 69 of the act. The subjects regarding pornography, cyber terrorism, etc were also
discussed and addressed in the amendments. On 22 December 2008, the amendment was
passed under president Pratibha Patel without any opposite thoughts in Lok sabha and even
Rajya Sabha passed it.

NEED FOR CYBER LAW

The technical environment around which is making life more and more dependent on the
technology of today’s techno-savvy environment, the world needs to regulate the activities
which take place over the network. As time began to flow the e-market or e-business trend
more in the world and practiced by people a lot. Due to such an enormous amount of
activities the crimes also took place which is known as cybercrimes over the network or
internet. Hence all these issues needed a legal background to be controlled because earlier
there was no tool to regulate the use of online transactions and the cyber laws need was
aroused. Cyberlaw deals with all legal problems relating to internet crime. The need for cyber
laws and their implementation is also gaining traction as a result of the rising number of
Internet users.

In today's’ world the things affect the cyber laws for example are-

 As most communication is carried from cell phones, email, messages, etc so the risk
of misuse of the technology by sending offensive messages increases.
 The common Cybercrimes can be committed in the process of online trading through
Demat accounts, source code theft, credit card fraud, tax evasion, net banking fraud,
phishing attacks, etc.
  Digital signatures and the contracts made online also face a continuous risk while the
business transactions take place on the online platforms.
 The increased use of credit cards, debit cards, net banking by the consumers in daily
usage, shopping, or any other use through which cards can be hacked and used for
illegal purposes.

AREA OF CYBER LAW

Cyber rules include various kinds of implementations. Some legislation lays down rules on the
use of computers and the Internet by persons and businesses, while other legislation protects
against people being a victim of crime via the Network.
The major areas of cyber law include:

Fraud: Cyber laws are supposed to protect consumers from any fraud online. Any kind of
theft of identity, information, finances should be prevented. The person committing such
crimes hold the criminal charges and has allegations on them of fraud. The civil action of the
victim or the cyber lawyers would help.

Copyright: Copyright infringement is easier on the internet as the copies are made and shared
without giving due credit to the owner. The cyber laws ensure the creative works of the
individuals and the companies so that it would help them to prosper and grow.

Defamation: People on the internet has the free capacity to speak of their mind. The fake news
spread and even the public statements which have no base ruined the reputation of some
people. When people use the internet to say things that are not true, it can lead to defamation
of the people.

Trade Secrets: Online companies often rely on cyber laws to protect their trade secrets. For
starters, search engines need time to create search results algorithms. We do use a lot of time to
build other apps such as maps, smart support, etc. Cyber laws help those firms take legal action
to protect their business secrets.
Harassment and Stalking: Online posts may also circumvent federal legislation that forbids
intimidation and stalking. There is a breach of both civil and criminal law when a person
repeatedly makes offensive comments about someone else online. Cyber attorneys sue and
protect individuals while Telephone and online media stalks take place.
Conclusion
The technical environment growing each day in our country brings cyber laws in action and
increases the need. The criminal activities which occur online become usual these days and
have to be controlled. The IT act and the other cyber laws empower the organizations to help
to work with freedom from getting affected by the crime without any remedy and also validate
many online transactions. It gives authority to the companies and the government to address
important security measures online.

References

 Cyber Law (IT Law) in India - GeeksforGeeks, GeeksforGeeks (2020),