REQUIRED AMENDMENTS IN CYBER LAW
Author: Gayathri Madhusoodanan student of BBA.LL.B II year, Kristu Jayanti College of Law, Bangalore. This article has been written during pursuing certificate course on Research Methodology with us.
Technology is rapidly changing and gaining popularity in today’s world. Online platform plays a vital role in this era of technology. Our law enforcement must become more educated in the field of cyberlaw as emerging cybercrimes in our society. As cyber law provides legal protection to people using the interest including both businesses and regular citizens. It is important to be aware of everyone using the internet.
When the internet was developed, the founders of the Internet hardly had any idea that the internet could transform itself into an all-pervading revolution that could be misused for criminal activities and required regulation. Technology has created our world more accessible.
WHAT IS CYBER LAW?
Cyber Law can be described as the branch of law that deals with legal issues related to the use of internetworked information technology. In short, cyber law is the law governing computers and the internet. The virtual world of the internet is known as cyberspace and the laws governing this area are known as Cyber Laws and all the netizens of this space come under the ambit of these laws as it carries a kind of universal jurisdiction.
Cyberlaw is a very crucial aspect as it covers all areas aspects of various transactions and activities relating to the internet. As every action and reaction in cyberspace has some legal and cyber legal perspectives. As cyber law is the need of the hour in India as we have well versed legal system in India as numerous laws have been enacted and implemented in India for cyber laws. We have inter alia amongst others like the Indian Penal Code, the Indian Evidence Act 1872, the Bankers Book Evidence Act, 1891, the Reserve Bank of India Act 1934 Companies Act and so on which are related to cyber laws. But due to advancement in technology made many emergences of legal issues in the society where we need time to time amendments.
REQUIRED EMERGENCE IN CYBER LAW:
The existing laws of India even with the benevolent and the liberal interpretation of the judges, could not be interpreted in the light of the emerging cyberspace to include all aspects relating to different activities in cyberspace. The practical wisdom and experience of judgment found that it shall not be without major pitfalls, if the existing laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyber laws we need to amend the existing laws.
As the activities that need to be given sanctions or legal validity in Cyberspace. For example, we use the majority of the time internet for the access of information but yet till today email has not been legal in our country where the majority of the people use it for many business purposes and other purposes but it is not legal. So firstly emails should be legalized as there are many frauds and mail accounts been hacked. Even courts and many other reputed institutions use emails for their communication. As such the need has arisen for Cyberlaw to be amended as the need for time. Many cybercrimes are been carried out recently in India and have been a threat to many people where we need to look into this aspect seriously. Not only cybercrimes there are many frauds who threaten the people for money and other purposes.
As in today’s world where online shopping is the major area where we get the products at our doorsteps. So, E-commerce, the biggest future of the Internet, can be possible if necessary legal infrastructure compliments the same to enable its vibrant growth. Wherein e-commerce there are many things to look into the fact that we have to change the laws enforcing it.
Even recently due to this pandemic, everything became virtual and there been many important documents of the respective offices have become online and sometimes it may leak due to some hackings so that all need to look into the matter seriously even though there are many laws but that need to be more strict. Also increasing the cyber crimes against a woman is the major problem that even the woman doesn’t know how it happens and that needs to be looked after as an important aspect. Even though there are many laws and punishments under those laws but it is better to have a secure place for girls and women out there in society.
As it can be concluded that, crime-free society does not exist in today’s world where we need to be alert while using the internet. When our laws will be strict to its core then there can be a decrease in crimes as well as frauds. Even though it is government, personal, or corporate it needs to be highly secured as it may affect many people’s life. Also, technology is enhancing day by day, and the crime rate has reported. information Technology Act, 2000 and Indian Penal Code, 1860 contains the provisions for punishing the offenders or the wrongdoers against the crimes one should know the methods of filing the complaint. Precautionary is the main aspect that we need to take for our benefit to be secure and safe in society.
- Information Technology Act, 2000