Need For Cyber Laws In 21st Century India
The need for cyber laws in India came out during the starting of the 21 st century and the resultantly the IT Act came into force on 17th October 2000. The act consists mainly of civil laws which provide the legal infrastructure for E-commerce in India. However, there are cyber laws that are also criminal in nature though most of them come under the definition of civil laws. Cyber laws are also known as ‘digital laws’. It depends on the technology as the technology changes, the laws that govern electronic communication changes too. Cyber law encompasses all of the ways that people use modern technology to interact and communicate.
The object of The Information Technology Act, 2000 are as follows: 1. All contracts made on electronic communications are valid. 2. Legal recognition to all the digital signatures. 3. Security measures for all types of electronic records. 4. Secure the digital payments, transfer of funds between banks etc.
Offences under Cyber Law in India:
1. Tampering with documents: Sec. 65 of the IT Act deals with these types of offences which includes intentionally destroying, concealing or causing another to conceal or destroy the documents taken from computer code. It shall be punishable up to three years of imprisonment or with a fine up to 3 lakhs or both.
2. Computer-related offences: Sec. 66 and its sub-issues deals with offences which include sending offensive messages, dishonestly receiving stolen data, cheating through a computer, and violation of privacy etc. The punishment of these types of offences includes imprisonment of three years or fine up to 5 lakhs or both.
3. Publication of obscene material: Sec. 67 and its sub-issues deals with offences that prohibits the publication of material involving sexual explicit act. It also includes abusing children online and punishment for same is imprisonment of three years or fine up to 5 lakhs or both.
4. Misrepresentation: Sec. 71 of the IT Act prevents misrepresentation of any type of data or material fact to gain any type of certificate or license that may be used to commit cybercrime. The offender shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
5. Fraudulent purpose: Sec. 74 of the IT Act includes offences with any type of fraud committed with the help of computer including publication of false certificate or for any other fraudulent purpose. The offender shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
6. Breach of confidentiality and privacy: Sec. 72 and its sub-issue provides for the offence for breach of any type of contract including breach of consent. This includes access to private files without the consent of the owner of that data. The offender shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
The cyber law in India protects people from these types of offences because in today’s world every major work is done with the help of the Internet, computer & mobile. The people in 21 st century can often come across these types of offences and may fall in traps set by hackers which result in loss of their data and Privacy. These laws are there to help them with their difficulties. Currently, there are also cyber teams available with the local police officers who also helps to find these offenders and makes the cyber world free of offences.
ABOUT THE AUTHOR:
Venkatesh Pandey is currently a 1st Year student from National Law University and Judicial Academy, Assam.
Editor: Jayant Upadhyay
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