Cyber law in India

Need for cyber law Cyber crimes are criminal activities such as theft

, fraud, forgery, defamation and mischief as governed by the Indian Penal Code. Cyber crimes are unlawful acts where the computer is used either as a tool or a target or both and can be categorized as follows: 1. Tampering with computer source documents 2. Hacking with computer system 3. Publishing of information which is obscene in electronic form 4. Not to obey the direction of Controller 5. Directions of Controller to a subscriber extend facilities to decrypt information 6. Intrusion into protected system 7. Penal action for misrepresentation 8. Breach of confidentiality and privacy 9. Publishing digital signature certificate false in certain particular etc. 10. Act to apply for offence or contravention committed outside India and 11. Confiscation Cyberspace being an intangible dimension makes it impossible to govern and regulate using conventional law. As Internet has grown in our country, the need has been felt to enact the relevant Cyberlaws, which are necessary to regulate Internet in India. There was no law in the country giving legal validity, and sanction to email. Courts and judiciary in our country were reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. Emergence of Cyber law In the recent years there has been a rise in incidence of cyber terrorism. India has made cyber terrorism a heinous penal offence, punishable with life imprisonment and fine under the amendments to the IT Act 2000, as passed by Parliament in the last week of December 2008. The primary source of cyber law in India is the Information Technology Act, 2000 which came into force on 17 October 2000, the object of which is to protect: All electronic systems from intrusion; Privacy of certain messages; protect the computer system from unauthorized access Compliance with Indian Cyber law Companies must ensure compliance with various provisions of Indian Cyberlaw in order to succeed effectively in e-commerce. The increasing use of Information and Communication Technology has given rise to serious compliance concerns, which if ignored could attract various civil and criminal sanctions. The abuse of computers has also given birth to a new age crimes that are addressed by the Information Technology Act, 2000. Cyber law makes it compulsory for all companies to have an information technology security policy. Other compliances that are required include relate to retention and authentication of electronic records and security of data. All the Indian companies and all foreign companies doing business in India, either directly or indirectly, should comply with this law. Source :Thinklegal Resources Pvt Ltd (www.thinklegal.co.in)

Cyber law in India

By: Thinklegal

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