Analysis of Indian Legal Framework for Cyber Crimes

 

Sushmita Anand

Contents  hide 

1 CYBERCRIME REGIME IN INDIA

2 CYBER LAWS

3 NEED FOR CYBER LAWS

4 CYBER LAWS STATUTE IN INDIA

5 REGULATION OF INFORMATION TECHNOLOGY ACT, 2OOO

6 JURISDICTION

6.1 In some case

7 CONCLUSION

8 Reference

9 Related

CYBERCRIME REGIME IN INDIA

The term cybercrime cannot be described in a single definition. It is a crime that involves commission through a computer and a network. It constitutes committing a crime such as hacking, phishing, child pornography, spoofing, and web jacking, etc. in simple terms we can delineate that “cybercrime” as the crimes and offenses that occur over electronic communications or information systems.

These crimes involve unlawful access to computer systems as these are illegal activities committed over theInternet. With the rapid evolution of the Internet, the act of cybercrime and wrongdoing are increasing across the World Wide Web on a regular basis. Cyber Crimes also includes criminal activities such as theft, forgery, fraud, robbery, defamation, and mischief all these are penalized under The Indian Penal Code. Under Cyber Crimes, the victim may not be in direct contact with the offender. However, some of the cybercrimes have been exposed into the world and individuals are getting aware[i].

CYBER LAWS

Cyber laws also known as internet law and cybercrime laws took place to have control over crimes that are committed over the internet or through computer resources.[ii] These laws help to protect users from any harm by enabling the investigation and prosecution of online criminal activity. Cyber laws deal with the overall legal system with the internet, cyberspace, and their legal issues.Cyber law covers legal issues that are related to the use of communicative, transactional, and distributive aspects of network information technologies and devices[iii]. 

NEED FOR CYBER LAWS

Cyber laws play an important in new advancement technologies. In today’s world, as time is more and more digitally sophisticated and so are the crimes. Overtime it became more accessed towards the e-business, e-commerce, e-governance, and e-procurement, etc. It is concerned with all the aspects of activities and transactions that take place either on the internet or other communication devices. These laws are needed to protect the organization and individuals from malicious activities over the internet. Nowadays need for cyber laws have been increasing with the rise in internet users.

CYBER LAWS STATUTE IN INDIA

In India, cyber laws are govern under The Information Technology Act, 2000 (“IT ACT”).  The main aim of the act is to provide legal recognition to electronic commerce and to facilitate the filing of electronic records with the Government. However, cybercrime is not clearly define under the Information Technology Act, its amendment, and in the legislation in India. In simple terms cybercrime is termed as any crime or offence committed over the Internet using a computer or any other electronic devices. To regulate such activities of cybercrimes, cyber laws are classified as a branch of laws that deal with the legal issues and conflicts in the internet world, and internet users are bind to follow this code of jurisdiction. It broadly covers a wide range such as data protection, data security, digital transactions, electronic communication, freedom of expression, and online privacy.

REGULATION OF INFORMATION TECHNOLOGY ACT, 2OOO

The Information and Technology Act are also known as IT Act and ITA-2000. It is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997”. The act provides a legal framework for e-commerce in India. It focuses and deals with digital crimes or cybercrimes and electronic commerce. The act was implement to make an amendment on some outdate laws and to prevail jurisdiction of cybercrime. These legislations have touched on various aspects about electronic authentication, digital (electronic) signatures, cybercrimes, and the liability of network service providers. Furthermore, the act was amend by Information Technology Amendment Bill, 2008.  Through the IT Act of 2000, the amendment was make in The Indian Penal Code of 1860 and the Indian Evidence Act of 1872 to keep in view the technological changes that were rising rapidly.

JURISDICTION

Jurisdiction refers to the powers or authority of the court to determine and hear the cause and adjudicate upon the matter vested with an appropriate Court in a legal system[iv].However, when it comes to determining the jurisdiction in the context of cyberspace it becomes a strenuous part of the law. As cyberspace jurisdiction involves parties from different parts of the world and has a virtual connection which bonds them all into one space.[v]

 A single click over the internet may involve the laws of the state where the user resides or the laws of the State where the server is located or the laws of the State which apply to the person with whom the transaction takes place. Usually,

the jurisdiction takes place where the cause of action arises. However, it becomes difficult when the involvement of multi parties takes place. Thus, matters of jurisdiction are subject to State and International law where the involvement

of the contracting parties or the parties in dispute are of different nationalities.

In some case

In the case of SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra:[vi]This case relates to cyber defamation. The motive behind was Just to malign the reputation of the company and its Managing Director all over the world.The defendant who was an employee of the plaintiff’s company used to send derogatory, obscene, vulgar, and

abusive emails to his employers and also to different subsidiaries of the said company all over the world.

In the case of Avnish Bajaj v. State (N.C.T.) of Delhi:[vii]plaintiff was CEO of a company, which facilitates the online sale of property. An obscene MMS clipping was list for sale on his company with the name of “DPS Girl having fun”. Some copies of the clipping were sell by his company and the seller receive the money for the sale. Plaintiff was arrest under section 67 of the Information Technology Act, 2000. Plaintiff argued and hence court granted bail to him.

CONCLUSION

With the rise in technologies,the cybercrime has become more threat to mankind. Protection against cybercrime has become a vital part of the cultural, social, and security of a country. With the enactment of the IT Act, 2000, and the IT (Amendment) Act, 2008 by the Government of India various developments related to cyber law have occurred in India

to deal with cybercrimes.Furthermore, there have been legislative changes in the new policy to provide immunity to

law enforcement agencies. To keep people safe and secure their data on online platforms, these changes are necessary. However, proper implementation of cyber law is still

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Reference

[i]Ms.Preeti Jain, CYBER CRIMES – AN INDIAN PERSPECTIVE, Bharati Law Review, Jan. – Mar., 2016.

[ii]AnimeshSarmah, RoshmiSarmah , AmlanJyotiBaruah, A brief study on Cyber Crime and Cyber Laws of India,

vol 4,International Research Journal of Engineering and Technology (IRJET).

[iii]Prateek Singh, cyber laws in India: IT Act,2ooo, Legal Service India.

[iv]KirtyRanjan, Analysis of Cyber Jurisdiction In India, Legal Service India.

[v] Georgina Pereira, Cyber Space Jurisdiction: Issues and Challenges, Legal Bites,2018.

[vi]CS(OS) No. 1279/2001 (Delhi High Court, 2001)

[vii] (2005) 3 CompLJ 364 Del (Delhi High Court, 2005