RISE IN CYBER LAWS AND THEIR APPLICATIONS

“It has become appallingly obvious that our technology has exceeded our humanity”

– Albert Einstein

Introduction

In is the era of 21st century where everyone is prone to internet and electronic devices. The present generation is so fast and dynamic that every aspect of their life is related to internet. Learning, Reading, Jobs, Entertainment, Shopping or any other thing, all revolves around one thing i.e. Internet or Cyberspace.

The internet has immense powers to create or destroy things or people. With the rise of technology, there is rise in insecurities and crimes. To overcome these crimes, there are various laws to protect people and create a safe cyberspace.

What is Cyberspace?

“Cyber” is a prefix used to describe a person, idea or thing as part of computer age. It is originated from a Greek word kybernetes which means ‘governor’ or ‘steersman’. It was first used as cybernetics by Norbert Wiener. In means anything related to computer networks. The “Cyberspace” means the world of computer networks and especially the internet.

Meaning of Cyber law

“Cyber law” is the area of law that deals with the Internet’s relationship with the computer applications, internet resources and technological devices. It generally regulates digital signature, online safe transaction and protect against cyber bullying, identity theft, hacking, trolling etc. crimes.

Classification of Cyber Crimes

There are different types of Cyber Crimes. It is very difficult to identify these crimes but a general classification of cybercrimes is follows:

1. Crimes against Person; It includes crimes such as Cyber Harassment, Cyber Stalking, Dissemination of Obscene Material, Defamation, Hacking, Cracking, Email/SMS Spoofing, Carding, Cheating & Fraud, Child Pornography, Assault & Threat etc. These crimes directly affect the person or their liberty & privacy.
2. Crimes against Persons property: Due to rise in technology, almost every important data is available on internet. There is great threat against the property of the person. These crimes include Intellectual Property Crimes, Cyber Squatting, Cyber Vandalism, Hacking Computer System, Transmitting Virus, Cyber Trespass, Internet Time Thefts etc.
3. Cybercrimes against Government: These crimes are intended to harm the government of a country. It includes Cyber Terrorism, Cyber Welfare, Distribution of Pirated Software, Possession of Unauthorized Information etc.
4. Cybercrimes against society at large: It is an illegal act intended to harm society at large or to harm the cyberspace of large no. of persons. It includes Child Pornography, Cyber Trafficking, Online Gambling, Financial Crimes and Forgery etc.

Cyber Laws in India

For tackling the problem of cybercrimes and frauds, the strong and dynamic legislations are incorporating in India. There are various acts and laws against such crimes. These laws are:

1. Information Technology Act, 2000: IT Act is the primary law dealing with the cybercrimes in India. It defined various cybercrimes and determine their respective punishments. It also provides legal recognition to the online transactions carried out by people.

A special Cyber Appellate Tribunal was also established for resolving the disputes arising from the cyber law. A controller of Certifying Authorities who has power to regulate the issuance of digital signatures was also mandated under this act. It also leads to the several changes under the Indian Penal Code and Evidence Act etc.

In State of Tamil Nadu v. Suhas Katti, landmark judgment was delivered under Section 67 of IT Act, 2000. A person was convicted within a short period of 7 months for online posting the number of his friend (divorced women), due to which she had to face several harassments.

1. Indian Penal Code, 1860: Indian Penal Code is the oldest law in the field of cyber laws. It incorporates the punishment for basic crimes in the field of technology that are:

• Section 383: Extortion using Internet (Web-Jacking).
• Section 420: Bogus website and Cyber Fraud (Cheating and dishonestly inducing delivery of property.
• Section 463: Email Spoofing and Forgery of Electronic Records.
• Section 499: Sending Defamatory Messages by Email/ Social Media. (Trolling/ Email Abuse)
• Section 503: Sending Threating messages through Email, SMS, Social media or any other electronic services.

In Nascom v. Ajay Sood and Ors, the High Court of Delhi declared ‘Phishing’ on the internet as a crime thus illegal. Phishing is an act of contact someone using the identity of some other person or a legitimate institution. It is a crime against both of them i.e, the consumer and the person whose identity is being misused.

1. Information Technology (Amendment) Act, 2008: The act replaced ‘digital signature’ with ‘electronic signature’ to give it more effective form. Some new definitions like 'communication device', ‘Cyber Cafe’ and ‘intermediary’ were added. It also protect some contracts to be unauthorized only on account of being made electronically (Section 10A). It also dealt with provisions such as sensitive personal data (Section 43A), damage to computers (Section 43), obscene electronic messages (Section 66A & 66F), cyber terrorism (Section 69) and other offences and penalties related to cybercrimes.
2. Online Sale of Drugs under Narcotic Drugs and Psychotropic Substances Act, 1985: This act prohibits the sale, purchase, import or export of narcotic drugs and psychotropic substances except for medical and scientific purposes. The main purpose of this act in context of cybercrime is to restrict black-marketing of these dangerous substances.
3. Online Sale of Arms under Arms Act, 1959: Sec.29 incorporates Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same. This act prohibits the sale of Arms from any online medium.

Applications of Cyber Laws in India

The provisions of IT act does not apply to any transaction or documents specified by the government. These documents generally includes negotiable instruments, All the documents and e-transactions are within the scope of IT act, 2000

The scope of this act was extended to the whole of India except Jammu & Kashmir, but after the bifurcation of J & K its validity shall be revised accordingly. This act is also applicable to the foreigners if the electronic device or system used in the crime has its location in India or affecting any part of India. That person shall be punished irrespective of his nationality.

The other acts and legislations like IPC, Evidence Act, IAA etc. also has their application accordingly. Cybercrimes has widest scope of committing a crime. A person can be attacked by another person living thousand miles away from him. Thus, the application of laws cannot be restricted at a particular territory as we can do in the case of other crimes.

Conclusion

The internet and modern technological developments proved to be a boon for the humanity but eventually it has been exploited in a negative aspect. These crimes affect person, property, government and even the personal information. The rise in crimes leads to the enactment of various legislations, acts and regulations. Although laws are effectively imposed, strictly followed and has proper application, self-protection is the primary responsibility of every person so as to gain the positive aspects of technological advancements.

The author, YOJIT KAUSHIK is a law student pursuing BA LLB from Institute of Law, Kurukshetra University, Haryana. (yojitkaushik123@gmail.com)

References

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