In
response to the absolutely complex and newly emerging
legal issues relating to cyberspace, CYBERLAW or the law
of Internet came into being. The growth of Cyberspace
has resulted in the development of a new and highly
specialised branch of law called CYBERLAWS- LAWS OF THE
INTERNET AND THE WORLD WIDE WEB.
Cyberlaw is a generic term which refers to all the
legal and regulatory aspects of Internet and the World
Wide Web. Anything concerned with or related to or
emanating from any legal aspects or issues concerning
any activity of netizens in and concerning Cyberspace
comes within the ambit of Cyberlaw.
Copyright: https://www/cyberlaws.net/introduction.htm
Snapshot of Important Cyberlaw Provisions in
India
| Offence |
Section under IT Act |
|
Tampering with Computer source documents |
Sec.65 |
|
Hacking with Computer systems, Data alteration |
Sec.66 |
|
Publishing obscene information |
Sec.67 |
|
Un-authorized access to protected system |
Sec.70 |
|
Breach of Confidentiality and Privacy |
Sec.72 |
|
Publishing false digital signature certificates |
Sec.73 |
NOTE: Sec.78 of I.T. Act empowers Deputy
Superintendent
Of Police to investigate cases falling under this
Act.
Computer Related Crimes Covered under Indian Penal Code and
Special Laws
|
Offence |
Section |
|
Sending threatening messages by email |
Sec 503 IPC |
|
Sending defamatory messages by email |
Sec 499 IPC |
|
Forgery of electronic records |
Sec 463 IPC |
|
Bogus websites, cyber frauds |
Sec 420 IPC |
|
Email spoofing |
Sec 463 IPC |
|
Web-Jacking |
Sec 383 IPC |
|
E-Mail Abuse |
Sec 500 IPC |
|
Online sale of Drugs |
NDPS Act |
|
Online sale of Arms |
Arms Act |
ELEMENTARY PROBLEMS ASSOCIATED WITH CYBER-CRIMES:
One of the greatest lacunae in the field of Cyber
Crime is the absence of comprehensive law any where
in the World. The problem is further aggravated due
to disproportional growth ratio of Internet and
cyber laws. Though a beginning has been made by the
enactment of I.T. Act and amendments made to Indian
Penal Code, problems associated with cyber crimes
continue to persist.
Jurisdiction is the highly debatable issue as to the
maintainability of any suits, which has been filed.
Today with the growing arms of cyber space the
territorial boundaries seem to vanish. Thus the
concept of territorial jurisdiction as envisaged
under S.16 of Cr.P.C. and S.2.of the I.P.C. will
have to give way to alternative method of dispute
resolution.
Loss of evidence is a very common & expected problem
as all the data are routinely destroyed. Further,
collection of data outside the territorial extent
also paralyses the system of crime investigation.
Cyber Army: There is also an imperative need to
build a high technology crime & investigation
infrastructure, with highly technical staff at the
other end.
A law regulating the cyber-space, which India has
done.
Though S.75 provides for extra-territorial
operations of this law, but they could be meaningful
only when backed with provision recognizing orders
and warrants for Information issued by competent
authorities outside their jurisdiction and measure
for cooperation for exchange of material and
evidence of computer crimes between law enforcement
agencies.
Cyber savvy judges are the need of the day.
Judiciary plays a vital role in shaping the
enactment according to the order of the day. One
such case, which needs appreciation, is the P.I.L.
(Public Interest Litigation), which the Kerala High
Court has accepted through an email.
'Perfect' is a relative term. Nothing in this world
is perfect. The persons who legislate the laws and
by-laws also are not perfect. The laws therefore
enacted by them cannot be perfect. The cyber law has
emerged from the womb of globalization. It is at the
threshold of development. In due course of exposure
through varied and complicated issues it will grow
to be a piece of its time legislation.
