Cyber Crime Laws in India

By admin | Last Updated 16 Jul, 2022

Importance of Cyber Law In India

The globe has been swept up by the internet today. Nearly every work is now completed online, from banking to schooling, especially in the wake of the Pandemic. Cybercrime has increased along with the usage of the Internet.

Cyberspace is the name given to the internet’s computer-generated world. Cyberspace is governed by what are known as cyberlaws, which apply to all users since they have a sort of universal jurisdiction. The area of law that deals with legal matters relating to the use of networked information technology is known as cyber law. Cyber law is, in essence, the body of law that controls computers and the internet.

Cybercrimes have increased along with internet usage. Today’s media is filled with reports of various cybercrimes, including child pornography, cryptojacking, identity theft, and cyberterrorism.

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What exactly is Cyber Crime?

Cybercrime can be defined as any criminal conduct involving a computer, networked device, or any other linked equipment. Some cybercrimes are committed with the purpose of making money for the perpetrators, while other cybercrimes are committed specifically to harm or disable the computer or other equipment. It’s also feasible for other parties to disseminate viruses, unlawful information, photos, or any other type of content through computers or networks.

Cybercrime opens the door to a wide range of unlawful actions that are done for financial gain, including cyberattacks, email and internet scams, identity theft, and scams involving bank accounts, credit cards, and other payment cards. Cybercriminals might want to steal and sell business and personal data.

The IT Act, 2000 and the IPC, 1860 both apply to cybercrimes in India. The Information Technology Act of 2000 is the law that addresses matters relating to online crime and internet trade. The Act was modified in 2008 to include a concept and punishment for cybercrime, nevertheless. Additionally, changes were made to the RBI Act and the Indian Penal Code 1860.

Different Types of Cyber Crimes

In India, different cybercrimes are subject to different penalties.

Identity Theft: Identity theft is the crime of stealing a person’s personal information in order to use their money, apply for a loan, or use a credit card in their name.

Cyberterrorism: Cyberterrorism is the crime of making threats of extortion or other forms of violence to an individual, group, organization, or state. In general, it entails carefully thought-out attack tactics against business and government computer systems.

Hacking: Hacking is the most typical type of cybercrime. The victim of this crime gains access to other people’s computers and passwords and uses them for their own malicious benefit.

Cyberbullying: Cyberbullying is defined as the act of a teen or adolescent harassing, vilifying, or intimidating another person over the phone, the internet, chat rooms, instant messaging, or any other social network. Adults doing the same offense is known as cyberstalking.

Copyright: Copyrighting your work helps you to limit the use of it in light of the enormous increase in internet users and the widespread distribution of data and information across all platforms. Any unauthorized use of your copyright is a criminal offense.

Defamation: While everyone has the freedom to express themselves in internet forums as well, if their remarks exceed the line and damage the reputation of any person or organization, they may be subject to legal action under the Defamation Law.

Freedom of Speech: There is a very fine line between using one’s right to free speech online and engaging in criminal activity. While freedom of expression allows people to say whatever they want, cyber law forbids vulgarity and crude language online.

Trade Secrets: Internet companies invest a lot of time and money in creating software, applications, and tools, and they rely on cyber laws to prevent theft of their data and trade secrets, which is a crime.

Harassment and Stalking: Stalking and harassment are not permitted on websites or apps. Cybercrimes are punishable by law, and the victims are protected.

Evolution of Cyber Law in India

The demand for cyberlaw grew as technology use became more and more dependent on it. The use of technology has its benefits and drawbacks, just like every coin has two sides. The Information Technology Act of 2000 heralded the beginning of the twenty-first century and the development of cyberlaw in India (popularly known as the IT Act). In the year 1820, the first cybercrime was documented.

The objective of IT Act in India are described below:

  • To give all e-transactions official authority.
  • To establish legal acceptance of digital signatures as a legitimate signature for use in online contracts.
  • To provide legal legitimacy for bankers’ and other institutions’ use of electronic accounting records.
  • Defending online privacy and preventing cybercrime.

The Reserve Bank of India Act and the Indian Evidence Act were revised by the Indian IT law. As cyberlaw developed, nearly all online activity came under scrutiny. However, one aspect of cyber law is that there are some situations in which Indian laws against cybercrime do not apply, such as:

  • A negotiating instrument other than a check.
  • Will for Power of Attorney.
  • The agreement for the sale or conveyance of real estate.
  • Documents or transactions that the Central Government has notified.

What is the Need for Cyber Laws in India?

In today’s increasingly technologically advanced world, the terms “cyber law” and “cyber crimes” have also advanced. Technology and the internet were initially developed for scientific goals and to make human life easier, but as internet use and user numbers grew, it became apparent that India needed to enact cyber laws.

Cybercrimes are simple to commit because of the anonymous nature of the internet. As a result, many people might greatly abuse this attribute.

What is the Information Technology Act 2000?

When the focus was on the requirement for cybersecurity legislation or cyberlaws, it was crucial that India develop an IT law. The Indian Cyber Act or Internet Law, commonly known as the Information Technology Act, 2000[1], went into effect as a result.

Since its introduction, the Indian Internet Laws have been developed to give legal legitimacy to all electronic documents and online/electronic activities. The crucial security considerations that are essential to the success of electronic transactions are also covered by the IT Act.

The Indian Internet Laws not only certify digital signatures but also outline the procedures for authenticating documents that have been approved and produced with the aid of digital signatures.

The Information Technology Law was revised in accordance with the IT Act, which was presented as a cybersecurity law to secure cyberspace.

  • The Indian Penal Code
  • The Indian Evidence Act
  • The Banker’s Book Evidence Act
  • The Reserve Bank of India (RBI)

Cyber Crime Law’s prime focus is:

  • Forgery of electronic data and records in e-commerce .
  • Electronic transactions.
  • Computer crime.

The IT Act of 2000 underwent revisions in 2008[2]. These were developed in light of the IT Act of 2000 and the IT Act of 2008. To make the cybersecurity laws stronger, they went into effect at the beginning of 2009. The Information Technology Act of 2008 underwent changes that changed the definitions of various terminology, including communication devices.

How to Prevent Cyber Crime in India?

Without a question, India’s cybersecurity and cyber laws offer protection against online crime. But prevention is always preferable to treatment. Therefore, the following actions should be taken to prevent a cybercrime:

  • Everybody receives texts from random numbers. Be cautious and try to refrain from answering text or automated voicemails from unfamiliar numbers.
  • Only download content to your smartphone from reliable sources.
  • Always look up the seller’s reputation and client testimonials. Make sure you are monitoring recent comments. Additionally, be wary of any comment that favors the seller in every way or that has an entry from the same day.
  • Everybody must have gotten a call or a letter. This involves the other party requesting private information. This applies to the CVV on your debit/credit card and emails with attachments that require you to click on embedded links. Never reply to such emails or calls, please.

Conclusion

In conclusion, even if a society free of crime is ideal and simply a fantasy, laws should always be put in place to keep crime rates as low as possible. Crime based on electronic law-breaking is sure to rise, especially in a society that is becoming more and more reliant on technology. To combat this, lawmakers must go above and beyond what impostors are willing to do.

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