Cyber Laws: An Indian Overview
Updated: Jan 20
For every lock, there is someone out there trying to pick it or break-in. - David Bernstein
Cyberlaw is a term used to refer to communications technology, particularly "cyberspace", that is, to address legal issues related to the use of the Internet. It cannot be termed as a separate field of law, as in the case of property or contract, because in cyberlaw, there is a confluence of many law-related areas. This includes legal matters/issues such as intellectual property, privacy, freedom of expression, and rights. The first cyber law in India was the Computer Fraud and Abuse Act, enacted in 1986.
Why are cyber laws important for us?
The main objective of cyber law is to protect people from harmful people on the internet. Today everyone is familiar with the Internet. The Internet has limited the world as such. While the Internet has made our lives easier, on the one hand, it has also damaged the world due to increasing crimes. Hacking of internet sites, manipulating transactions with credit cards, system tampering with cyber viruses, etc. are called cybercrime. Internal legal provisions have been made to deal with and punish incidents of such crimes. Such provisions are covered under cyber law. Lack of awareness among people is also a big reason for cybercrime.
Cyberlaw has a variety of objectives: some laws make rules about how individuals and companies can use computers and the Internet, while some laws protect people from becoming victims of crime through illegal activities on the Internet. In short, cyber law is the effort through which the system of law applied to the physical world is used to deal with the challenges presented by human activity on the Internet.
In India, the Information Technology Law (IT Law) 2000, as amended by the IT (Amendment) Act, 2008 is known as Cyber Law. A separate chapter in this law as to "crime" exists. While it also has several drawbacks and is not a very effective law for monitoring cyber warfare, moreover various cyber crimes are mentioned in the above chapter of the crime as punishable offences with impunity.
Types of Cybercrime
1. Online Harassment & Stalking:
Jio's knock in the Indian telecom industry has brought a revolution. Today the situation is that people may or may not have a bank account, but they will have an account on Facebook and other social media apps. In such a situation, to stare into another person's personal life by misconception or to tarnish the image of another, as if it were every day.
Today, you will easily find a large crowd of people in the social network whose job is only to tease others. But pay attention, if someone further bothers you with online Harassment or Stalking, then you can contact your nearest cyber cell. Law: - Section 66 (A) of the IT (Amendment) Act, 2009.
2. Copyright Infringement:
Imagine that what you have written or created if you get to see at another place without your permission, what will happen to you? Today, this greed to earn more and more money in less time gave birth to crime like intellectual property violations in our society. In such a situation, in this era of cut, copy, and paste, you can also take the help of cyber law to preserve your content.
People who produce nude or pornographic videos of others or make such MMS or make them accessible to others through electronic means and send obscene messages to someone against their will are covered under this law. Section 67 (a) of IT (Amendment) Act, 2008 Sections 292, 293, 294, 500, 506 and 509 of IPC. In terms of the seriousness of the crime, Punishment is up to five years in jail and / or a fine of up to ten lakh rupees. For the second time, Imprisonment is up to seven years in jail for committing a crime.
Unauthorized typing and tampering with data in any computer, device, information system, or network is called hacking. It also comes under cybercrime, for which there is a provision of punishment are given under Sections 43 and 66 of the IT Act.
In short, cybercrime is developing as a serious threat. Indian police have started special cyber cells across the country and have started educating people so that they gain knowledge and protect themselves from such crimes because In India People are mostly unaware of the Laws which are available to them. It’s our duty to aware of the people around you. The main objective of cyber law is to protect people. It protects our privacy, information and stops cyber crimes.
ABOUT THE AUTH0R
Heena Sharma is a 3rd-year BBA. LLB student at Fairfield Institute of Management and Technology.
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