Written by:Adv. Pooja Gupta

Cyber Laws in India – The Importance of Cyber Law

Introduction of the Cyber Laws in India: – In a nutshell, cyber violence refers to any illicit conduct that involves the use of a computer as a new weapon, a target, or both. Regular criminal acts including such fraud, theft, fabrication, defamation of character, and damage, all of which are covered under the IPC, might be included in cyber offences. The Information Technology Act of 2000 handles a number of new crimes that have evolved as a result of digital misuse.

Meaning of the Cybercrime

When internet access was first built, the founders had no idea that it could be utilized for nefarious purposes. These days, there are a lot of extremely frightening things developing on the internet. Cybercrime includes any act carried out in cyberspace with the goal of committing a crime. Traditional criminal acts or actions that have arisen in direct response to the advent of new platforms could be involved.

Because of the Internet’s anonymity, it is possible to engage in a wide range of illegal activities with impunity, and those with expertise have been blatantly breaking this facet of the Internet in order to continue their illegal operations in virtual worlds. The new field of cybercrime is still developing, and new types of criminal activity in cyberspace are emerging with each passing day.

Cybercrime can be interpreted in two categories

The Desktop as a new target

Using a computer system to harm other computer systems. For instance, hacking, virus attacks, DOS attacks, etc.

Using a desktop as a new weapon

Using a computer to commit actual crimes. For example, cyber-terrorist attacks, IPR infringement, credit card fraud, EFT fraud, internet pornography, etc.

It’s involving the use of internet technology, particularly “cyberspace,” i.e. the Internet, which are referred to as cyber legislation (also known as cyberlaw). It is more of a nexus of legal issues, such as IP rights, privacy, freedom of thought, and authority, than a specific area of law like assets or contracts. In a nutshell, cyber law attempts to balance the challenges raised by human activities on the Internet with the lawful system which controls the real world.

The inventors of the Internet had no idea that it would evolve into an all-encompassing phenomenon that could be used for nefarious reasons and would require regulation when it was initially formed. These days, there are a lot of disturbing things happening online. Due to the sheer anonymity of the Internet, it is simple to engage in a wide range of criminal activities with impunity, and those with expertise have been abusing this feature of the Internet to conduct unlawful activities in virtual worlds. As a consequence, Cyber laws are necessary for India.

Cyberlaw is significant because it encompasses almost all aspects of financial transactions conducted on and with the Online World, Web Browsers, and Cyberspace. Cyber laws may actually appear to be a technically skilled field with little significance to everyday Cyberspace activities at the first glimpse. However, nothing can be far from reality. Whether we are aware of it or not, every action and reaction in virtual worlds has legal and cyber legal repercussions.

Following Cyber Laws should be familiar

to everyone who uses the internet

The internet is similar to life. It’s entertaining, and we invest a good amount of time here doing fun stuff, but it’s not without defects. With the digital revolution and pervasive Internet connectivity, computer crime has now become a fairly common occurrence. We can become victims of felonious cyber activity in a variety of ways, from simply breaking into computers to engaging in fraudulent electronic transfers.

The Government of India enacted the Information Technology Act, 2000 (Updated PDF link), to limit acts that violate the rights of Internet users.

Here are a few of its

Components that Aim to Empower Internet users

while also attempting to protect cyberspace.

Section 65 of IT Act 2000

Tampering with Computer Source Documents

When computer source code (such as programmes, computer commands, design and layout) is actually needed to be controlled by law, an individual who deliberately conceals, ruins, or manipulates it when it is legally required is guilty of an offence punishable with 3 years of imprisonment, a fine of two lakhs INR, or even both.

Section 66 of IT Act 2000

Using another person’s password

If a person illegally accesses another person’s password, digital signature, or other unique identities, he or she faces up to three years imprisonment and a fine of one lakh INR.

Section 66D of IT Act 2000

Utilizing computer resources to cheat

If a person defrauds someone using technology or communication equipment, he or she could face up to 3 years imprisonment and/or a fine of up to 1 lakh INR.

Section 66E of IT Act 2000

Publishing of Others’ Private Photographs

  • If someone captures,
  • transmits, or
  •  posts photos of another person’s private parts without their permission or consent,
  • they face up to three years in prison and a fine of up to two lakh INR, or both.

Sec. 66F of IT Act 2000

Cyber terrorism Acts

A person faces life in prison if he or she tries to deny an authorised person computer access resource or tries to access a device resource without permission in order to seriously harm the nation’s harmony, dignity, safety, or nationhood. This is a non-bailable offence.

Section 67 of IT Act 2000

Publication Child Porn or online predation of children

  • If someone captures,
  • publishes, or
  •  transmits pictures of a child performing an explicit sexual act, or
  • causes anyone below the age of eighteen years to perform a sexual act, that person faces up to 7 years in prison, a fine of up to ten lakh INR, or both.

 Section 69 of IT Act 2000

The power of the government to block sites

The government may detect, supervise, or encrypt any data generated, transmitted, obtained, or stored in any computer system or network in the interest of India’s sovereignty and dignity. The authority is subject to procedure compliance. The central government may also restrict public access to information under Section 69A.

Section 43A of IT Act 2000

Corporate Data Protection

If a body Corporate is irresponsible in attempting to implement reasonable safety protocols, resulting in unlawful deficit or benefit to any individual, the body corporate is obligated to compensate the affected person.

Conclusion of the Cyber Laws in India

We should all keep in mind that the digital world is a prevalent legacy of ours that we have acquired in our entire lives as a result of the advantages of ever-expanding innovations. This digital world is the source of livelihood of the entire world and provided its irrevocable position nowadays, it is the responsibility of each and every internet user to work towards making the said digital world free of any dire straits or cyber terrorism.

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