• Legal Armor

MISUSE OF THE EXISTING CYBER LAWS

Updated: Jul 17

The World Wide Web or better acknowledged as the Internet has proved to be a considerable and common advantage to the race of Mankind and it has always been celebrated, but it is equitably said that “Technology is a useful servant but a dangerous master” and it has been greatly proved in the due course of generations. A new breed of crime has been confirmed and recognized by the human race which is known as “Cyber Crime” and has recorded majorly numerous cases of the same. The Information Technology Act of 2000 penalizes any activity which promotes or in itself is a form of Cyber Crime.

The imposition of lockdown has indeed left the Internet as the only origin of killing time, but it has unreasonably forced an increase in the number of Cyber Criminals.


A report released by the FBI shows that India tops the chart of the top 20 countries who face the major number of Cyber Crime related activities which are grossly graphic, immense and indescribable. However, Cyber Experts predict that it is only the tip of the iceberg and there are numerous cases that are in itself significant and go unreported.

More than 50 Cyber Criminal activities were reported to the National Commission for Women which in contrast to April are a low number of 37. There have been more than 400 cases reported of Cyber abuse and Cyber Activities since March 25 till the date of April 25 and there has only been an escalation in the records of these statistics which is not certain to a common man. Also, there had been a recent thoroughly highlighted case of Bois Locker Room which was regarded as the defeat and deterioration in the moral values of which are normally followed in the 21st Century and transported out the flaws existing in a legal system.


RIGHTS VESTED WITH AN INDIVIDUAL AFTER THE COMMENCEMENT OF INFORMATION TECHNOLOGY ACT,2000:

With an increment in the amount of data that is stored and permeated online the risk of an individual’s knowledge and data getting mistreated and exploited is rising day by day and an individual shall take all the necessary steps to ensure that his/her identity is preserved online.

Following are some of the rights which are guaranteed and preserved under the Information Technology Act, 2000, and any individual reacting violation to these rights can move to the court to shelter justice: -

  • Section 66F: Bans and protects the rights of individuals specifically the government, from any cyber terror aggression or incursion being enforced using the World Wide Web.

  • Section 66: Punishes any sort of cybercrime occurring through a computer source and infringes or violates the legal boundaries beyond which a person is not expected and supposed to travel online. For Example-Deleting, tampering any of documentary evidence present in any computer source.

  • Section 67A: Punishes the dispatching and transportation of any sexually obscene component using the World Wide Web.

  • Section 67B: Punishes the transportation of any obscene object online to a child. It is a special provision that preserves the rights of children operating on the enormous online network.

  • Section 67C: Provides conservation to intermediaries while perpetuating online as regulated by the Central Government.

  • Section 69A: This provision provides the blanket protection to the Central Government for intercepting and impeding the access of the Rest of India to a computer origin, but such can only be done if there is a reasonable cause and such has to be done in the national interest and to safeguard the national sovereignty of India.

  • Section 77A: This Provision provides that any case which has occurred punishing within this act can be negotiated with the consensus-building of both the parties. But this section is hushed on the part where the victim to cybercrime is a juvenile.

An individual shall be appreciative and attentive of all the rights envisaged to him by The Information Technology Act, 2000 as it is righteously said that “Prevention is better than cure” and one should take all conceivable steps to ensure that his web surfing journey is protected.

ABOUT THE AUTHOR

Anshit Minocha is currently a student at the University of Petroleum and Energy Studies, Dehradun.

Edited by: Arushi Gupta

Disclaimer By Legal Armour

We at Legal Armor do not endorse the Authors' views and are in no way responsible for the said views. We are just publishing the Write-ups as blogs with just light editing, and are in no way responsible for any legal claims. Legal Armor shall not be liable for any plagiarized content.


©2020 by Legal Armor. Proudly created with Wix.com