The growth of electronic commerce in the modern world has propelled the need for a vibrant and effective regulatory mechanism that would help in strengthening the legal infrastructure for the success of an electronic business. All these mechanisms and legal infrastructures come under the domain of cyber law.
Cyberlaw in India is important because it contains significant aspects of transactions and activities on the Internet and cyberspace. Every action and its reaction in cyberspace or the Internet have cyber legal aspects.
What is Cyber Law?
Cyber law or Internet law is the part of the legal system related to legal informatics, eCommerce, the digital circulation of information and data, software and information security. Cyber Law in India is associated with electronic elements, including computers, software and hardware. It also includes many areas such as access to the Internet and usage of the Internet, freedom of expression and online privacy.
Cyber law in India helps prevent cyber crimes by protecting uncertified information access and protecting the freedom of speech related to privacy, the Internet, communications, and emails. The rise in Internet traffic daily also increases legal issues about cyber crime worldwide.
Cyberlaw protects people and punishes offenders who have performed any illegal activities online. If an individual breaks a cyber law, authorities can take action against that person based on broken cyber law. It is essential to punish search criminals as cyber crime cannot be considered common.
Cyber Law in India includes laws related to:
- Cyber crimes
- Electronic and digital signatures
- Intellectual property
- Data protection and privacy
Cyber Crimes and Information Technology Act
The Internet and cyberspace have become the new lifestyle in the modern world. The Internet is an essential part of everyone’s day-to-day life, helping people with new ways of communication, making friends, social networking, doing business, chatting, emails, information, playing games, and a way to connect with the state.
Cyber crimes should include these points to accuse someone:
- Resulting in damaging the computer network
- Credit or debit card frauds
- Extortion
- Stealing software or data
- Having unsanctioned access to the data of computers.
- Fraudulent data transfer, electronic fund transfers and eCommerce transactions
- Illegal gambling
- Sending threats and intimidating via emails
- Pirating software
- Cyberstalking
- Internet hacking, stealing the details of credit cards
Information Technology Act
The Information Technology Act 2000 was sanctioned to give legal acceptance for a transaction that involved electronic communications known as e-Commerce, by using different information storage and communication methods based on paper and to smoothen the electronic filing of documents and other departments referred to as e-governance.
The Information Technology Act 2000 has been amended by the Information Technology Act 55 of 2002, the Information Technology (Amendment) Act 10 of 2009, and the Finance Act, 2017. The Information Technology Act is a complete law and intends to promote the appropriate use of cyberspace and the Internet. It always provides information on civil penalising for cyber crimes in India.
The accessibility of data in computer networks is a critical component of an adequately shielded cyber environment. Under Sec 79 of the Information Technology Act, an individual afflicted by cyberspace due to the display of libellous material can bring a takedown reference. The growth of social media gives power to the citizens of a state. In contrast, it creates significant difficulties and consequences that have multiplied in recent years.
Cyber Crimes Against Women and Children
In the modern world, increased Internet usage has resulted in rising cyber crimes on the most vulnerable members of society, such as women and children. Several cyber crimes committed against women and children, such as cyberstalking, online harassment, trolling and threat, are the most common and reported cyber crimes against women.
The national cyber crime reporting portal has two distinct categories; cyber crime against women and children and other cyber crimes. It also allows individuals to report child sexual abuse materials and sexually explicit content anonymously.
How to File a Cyber Crime Complaint?
An individual can file a complaint about any cyber crime with the help of cyber crime cells. The victim can file the complaint offline and online and cancel it, which is more convenient and easier.
Since cyber crime falls under the purview of global jurisdiction, individuals do not need to file a complaint in the cyber cell where they reside or where the crime occurred. Instead, the victim can file a cyber crime with any cyber crime cell established in India. These cells keep track of cyber crime reports and conduct investigations.
To file a cyber crime online, follow these steps:
- Open this link: https://cybercrime.gov.in/.
- Open the menu and click on, report other cyber crimes.
- Then click on the option, file a complaint.
- A person is free to report anonymously if the individual is a woman or a child or click on the report of other cyber crimes.
- Now read the terms and conditions and accept them.
- Register your mobile number and fill in personal details and state.
- Now fill in the information on the offence.
- Once done with the following steps, you can track your report on the same website.
Conclusion
Cyber crimes such as identity theft and fraud have risen dramatically in the past few years. They reveal significant threats to the country’s people since the victim is known to the attacker and the person with intentions like causing harm to the computer system, stealing data saved in the system, changing password, hacking credit card and bank details etc., commits such a crime.
However, to solve this problem, the Government of India has enacted the information technology act in 2000. Some other offences were added to information technology and were renamed the Information Technology Act 2008. Besides the Information Technology Act, authorities can also use certain sections under the Indian Penal Code as legal measures to punish the offender committing such crimes.