Cyber space is a completely different  domain of human survival.Cyber law is the law governing cyber Space. Cyber space is a broad term and includes computers, networks, data storage websites, emails, ATM machines etc.

Today, the internet is the fastest technique on earth and it is the best solution people consider looking into. It has all the perks and advantages like communication, advertisement, download, emailing but there are many things that make the world of the internet not safe for kids and adults too as a matter of fact.

As technology evolved, the need to control human behavior evolved too. Cyber laws came into existence to ensure that people use technology without misusing it. If a person commits an act which violates the right of a person in cyberspace then it is treated as cyberspace violation and punishable under the provisions of cyber laws.

Cyberspace is completely different from the

Physical world. Many people are using the internet for illegal and immoral activities which need some supervision hence, to provide cyber security to users; the government introduced several cyber laws.

In cyberspace, things like money laundering, identity theft, etc have generated a need to enhance cyber security. Cyber law covers legal sues related to the use of communication, transactional and distributive aspects of network information technologies and devices.

Cyber law encompasses laws relating to

●       Cyber crime

●       Intellectual property

●       Electronic and data signature

●       Data protection and privacy.

Cyber crimeis a criminal activity where a computer or a network is used as a tool or sources for committing crime.According to The Cambridge English Dictionary, cyber crimes are the crimes which are committed with the use of computers or relating to computers, especially through the internet.

Crimes which contain use of information or usage of electronic means in furtherance of crime are covered under the ambit of cybercrime.

Cyberspace crime can be committed against person, property, government.

Some examples of cybercrime are money laundering, software piracy, cyber phishing, cyber pornography, spamming, cyber terrorism, credit card fraud and so on.

Intellectual property refers to anything created by human mind. Eg.A song, a book.

These include:

Copyright law

Trademark law

Patent law

Software and source code licenses.

Data protection intends to achieve a fair balance between the privacy right of the individuals and the interests of the data controllers like the banks, hospitals.

Need for cyber laws

Cyberspace is ethereal element that is impossible to govern using conventional laws. As the technology grows, the range of online interaction increase which increases the chances of being a victim to cyber crimeeg. Breach of online contracts, online torts and crime, etc.

Companies also depend upon the computer for storing their valuable data; most of the people are now using email, online transaction; thus there is a need for a law which protects the privacy and the interests of the individuals.

Hence, it became necessary to            `12222222 adopt strict laws for regulating the criminal activities relating to cyber crime and to punish the person behind it and to give justice to the victims of cybercrime.

Today, there is a need to regulate the cyber crime and it is necessary to enact stricter laws in case of cyber terrorism and hackers.

It act 2000

There was no statue in India to regulate the governing of cyber laws involving privacy issues, intellectual property rights issue. In order to make strict laws for regulating criminal activities in cyber crime; information technology act 2000 was enacted by the parliament of India to protect the e- banking, e-commerce and punishments in the field of cyber crimes.

The Act begins with:

“ an act to provide legal recognition for transaction carried out by the means of electronic data interchange and other means of electronic communication commonly referred to as electronic commerce”…….

The IT acts main purpose was to give legal recognition to electronic commerce and to facilitate filling of electronic records with the government.

This act was further amended in the form of IT AMMENDMENT ACT 2000.

 The IT AMMENDMENT ACT added several new sections relating to cyber terrorism and data protection and digital signatures were replaced with electronic signatures.

Cyber Laws in India

·         The Indian penal code

·         The Evidence Act

·         The Code of Criminal Procedure

And much more.

Section 65 -(tampering with the computer source document) states that if a person intentionally destroys or misuses the computer then that person can be punished with imprisonment and fine up to Rs.20,000.

Section 66 – (hacking the computer) states that if an individual with a criminal mind intentionally accesses the computer in an unauthorized way which causes injuries to the person or public at large then that person can be punished with imprisonment and fine up to 50,000.

Section 66 A– (sending of offensive message)

States that sending messages or causing annoyance through an

Electronic communication or sending an email to mislead or deceive the recipient about the origin of Such messages (commonly known as IP or email spoofing) are all covered here. Punishment for these Acts is imprisonment up to three years or fine.

Section 66 B– (intentionally receive electronic device) receiving stolen computer or any device which they know is stolen can be held under this section and punishes with imprisonment and fine up to 1 lakh.

Section 66 C – identity theft like using another person password or electronicsignature then can be punished with imprisonment and fine up to 1 lack.

Section 66 E- (privacy violation)

If a person publishes nude pictures without consent than that person can be imprisoned with 2 lakh fine.

Section 66 F– (cyber terrorism)

If a person accesses a government website which is restricted in an unlawful way which harms the integrity or the sovereignty of the nation then that person can be punished with imprisonment.

Section 67– if a person publishes image which is objectionable in nature or lowers the dignity of the person in the eye if otherthen that person can be punished with imprisonment and fine up to 1 lakh.

Section 67A- if a person publishes image which is objectionable in nature or lowers the dignity of the person in theeye if otherthen that person can be punished with imprisonment and fine up to 1 lakh.

And even the person viewing it can be held liable and can be punished for participating in offense by doing the same.

Section 71- misrepresentation before certifying authority can be punished with imprisonment and fine up to Rs.10, 000.

In India, criminal activity is considered under Indian penal code. Indian penal code is still effective and covers all kinds of crime.

The IT  ACT 2000 deals with commerce along with e- commerce under which it provides certain provisions which deal with unauthorized use of computers.

The act contains various offences such as violation of privacy, publishing obscene material; offensive messages, etc are all considered as crimes under IPC.

Section 503-Sending threatening messages by email under section.

Section 499 IPC- Sending defamatory messages by emails

Section 463– forgery of electronic records

Section 192 of the IPC deals with fabricating false evidence

Section 420– bogus websites, cyber frauds

Section 383– web jacking

Section 500– email abuse

Section 463– email spoofing

Section 292– pornographic

The offences are committed by using a computer as a tool then too it is subject to the Indian penal code apart from the crimes like web jacking, threatening emails, etc are within the preview of section 383 of the Indian penal code.

A concept like fraud comes under Indian penal code because it is not defined under the IT act.

When a cyber fraud is committed it would be considered as cheating under section 415 of the IPC.

When a person commits crimes using the internet it comes under section 416 of the IPC.

hence, various crimes like cyber stalking, cyber squatting, data diddling, cyber defamation, Trojan attack, forgery , identity theft and various such crimes are covered under IPC.

EVIDENCE ACT

Evidence are a major factor in cyber crime.

In a criminal investigation,  once cannot immediately seize the hard disk and keep it as an exhibit taken from the crime scene.

When filing a case under IT ACT; be it civil or criminal filed with the police where the evidence is in opponents computer system. Unless the police swings into full action and sieze the evidence,  the evidence could be easily destroyed.

 In the indian legal system ,it requires to prove guilt beyond reasonable doubt . thus the main highlight of the evidence act in the view of IT Act 2000 is it recognizes electronic record.

Section 65, section 65B, section 65 B(4) are some of the sections under this act.

Conclusion

Apart from IPC AND Information technology act there are others laws relating to cybercrime in India:

Common law, laws relating to IPRs and so on.

With increasing growth in the technology, there are chances of any individual being victim to cybercrime.The Indian legal system has various laws covering crimes in cyberspace and these laws help the victims get justice.

Hence, to strengthen the investigation process it is necessary to educate the IO’s regarding search and seizure. And not to tamper with evidence has to be a major criteria.