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How effective are Cyber Laws in India?

Written by:
Swati Shalini
Published on
25-Jul-18

The inception of cyber Laws- A historical insight

With the advent of computers and the internet, the work and modus operandi in everyday lives become easy, convenient and accessible. But, the devious minds have got another platform to practice crimes and create havoc in the working of individuals or businesses. There has been an increasing growth of cyber crimes in India.  These unlawful acts involve a computing device where the computer can be a weapon in hand or mark of attack.

Cybercrimes are categorized under two segments, i.e., where:-

The computer is a weapon:-

Cyber terrorism, Infringement of Intellectual Property Rights, money laundering frauds, Exchange fund Transfer frauds, pornography, etc are some of the popular cybercrimes undertaken by cyber frauds. The following are some well-known methods of conducting cyber crimes:-

  • Internet Phishing

  • Spoofing

  • Farming

  • Wire transfer

 

The computer is a mark of attack:-

Hacking, virus attacks, DOS attacks, etc. are ways through which cyber frauds bring threats to your system.

The rise of the aforementioned crimes gives birth to ‘Cyber Laws’ that address and define the legal issues or aspects pertaining to cyberspace. These cyber laws are the connecting points of many other legal areas that in one way or another impact intellectual property, privacy, constitutional right of freedom of speech & expression and other legal jurisdictions.

Cyber Laws to deal with cyber crimes

In India, we mainly have the Information Technology Act, 2000, which to an extent, has helped in handling these cybercrimes. It has triggered fear in the minds of cyber-terrorists and will bring a fear of legal repercussions before conducting such acts.  Today, most of the transactions and communications are made via cyberspace and are carried via electronic means. The trend is prevalent in almost all the segments of operations including Government departments. This Act has introduced a legal framework to authenticate, supervise, secure electronic records by way of digital signature, encryption modes, etc. Still, the act needs transitioning, improvement and timely amendments as per the forthcoming needs in the system. As a result, fewer lawyers understand and specialize in the field of cyber law. Consult a cyberlaw specialist for your business here.

How Cyber Laws are beneficial?   

Cyber laws bring ample of advantages for e-businesses and it’s time to make note of them in order to make the best use of them.

Legal Infrastructure:

Cyber Laws provide a legal framework and set-up for e-commerce companies in order to carry their virtual businesses safely.

Legal Validity:

The IT Act has introduced digital signatures that have enhanced legitimate security in online transactions and also ensures data protection for companies to a substantial extent.

Business opportunities:

Cyber Laws allows corporate companies or professionals to enter in the business of being ‘Digital Signature’ issuing ‘Certifying Authorities’.

Hassle-Free transactions:

With the advent of cyber laws in India, electronic transactions can be successfully made with the least hassles and more security.

Legal remedies:

The Act provides statutory remedy and legal support to companies if anyone tries to conduct cybercrimes in the form of monetary compensation or imprisonment. Chapter XI of the IT Act, 2000 mentions ways and protective remedies that deal with such crimes.

Conclusion

Internet and cyberspace enable people to perform innumerable transactions that can promote business, facilitate convenience and gives access to a world of knowledge. These Cyber Laws despite certain lacunas do provide viable protection against cybercrimes. Still, there is a vast scope of the reformation in the Acts and there is a requirement of effective provisions as well as effective implementation of these provisions. The war against Cybercrimes has been initiated but there is a need for legal weapons to excruciatingly curb them.