Cyber Security Law In India

With reference to the Cyber Extortion blog, now let’s see what are the Cyber Security Law In India and the measures that have been taken and implemented in India.

As per the Norton Cybercrime Report 2012, 66% of Indian online adults have been a victim of cyber extortion in their lifetime. At least 1,15,000 people fall prey to cyber fraud every day. Cybercriminals these days are also visible and targeting social-media platforms. 1 out of every 3 becomes a victim everyday.

Most of them delete spam and extraordinarily suspicious emails. Though, there are a lot of adults who aren’t aware of the evolution of most common forms of cybercrime.

Cyber Law In India

With the increase in globalization and computerization, the Government of India enacted the Information Technology Act on 9th June, 2000 and came into force on 17th October 2000. The main objective was to give legal recognition to e-commerce and filing them with the government. The Act deals with the following issues:

  1. Legal Recognition of Electronic Documents
  2. Legal Recognition of Digital Signatures
  3. Offenses and Contraventions
  4. Justice Dispensation Systems for Cyber Crimes

History Of Cyber Law

The Information Technology Act is an outcome of the resolution dated 30th January 1997 of the General Assembly of the United Nations, which adopted the Model Law on Electronic Commerce, adopted the Model Law on Electronic 17 Commerce on International Trade Law.

The Department of Electronics (DoE) in July 1998 drafted the bill. However, it could only be introduced in the House on December 16, 1999. With a lot of alterations, with the Commerce Ministry making suggestions.

The Union Cabinet approved the bill on May 13, 2000 and on May 17, 2000, both the houses of the Indian Parliament passed the Information Technology Bill. The Bill received the assent of the President on 9th June 2000 and is called the Information Technology Act, 2000. It came into force on 17th October 2000. Later, as time went by, the Information Technology (Amendment) Act, 2008 came into existence on 27 October 2009.

Information Technology Act, 2000

Information Technology Act, 2000 controls the use of computers, computer systems and computer networks in the form of data and information in an electronic format. They have mentioned various characteristics concerning digital signatures, electronic authentication, cyber crimes, and the liability of network service providers.

It aims at providing legal recognition to transactions that occur digitally, which in today’s scenario is known as e-commerce. This Act was amended by the Information Technology Amendment Bill, 2008 and received the approval of the President on 5th February 2009 and came into effect on 27th October, 2009.

Certain features of the ITAA are:

  • Making digital signature technology neutral
  • Insertion of two sections, namely, Communication Device and Cyber Cafe.
  • Focusing on data privacy and information security
  • Defining reasonable security practices to be followed by corporate
  • Redefining the role of intermediaries
  • Recognizing the role of Indian Computer Emergency Response Team
  • Inclusion of some additional cyber crimes like child pornography and cyber terrorism
  • Authorizing an Inspector to investigate cyber offences (as against the DSP earlier)

Alongside, Sections 66A to 66F has been added to Section 66 prescribing punishment for offences such as obscene electronic message transmissions, identity theft, cheating by impersonation using computer resource, violation of privacy and cyber terrorism.

Acts, Rules, and Regulations Under IT Act, 2000

  • The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011
  • The Cyber Appellate Tribunal (Salary, Allowances and other terms and conditions of service of Chairperson and Members) Rules, 2009
  • The Information Technology (Electronic Service Delivery) Rules, 2011
  • The Information Technology (Intermediaries guidelines) Rules, 2011
  • The Information Technology (Guidelines for Cyber Café) Rules, 2011
  • The Cyber Appellate Tribunal (Procedure for investigation of misbehaviour or incapacity of Chairperson and members) Rules, 2009
  • The Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public), 2009
  • The Information Technology (Procedure and Safeguards for interception, monitoring and decryption of information) Rules, 2009
  • The Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009
  • The Information Technology (Use of electronic records and digital signatures) Rules, 2004
  • The Information Technology (Security Procedure) Rules, 2004 23
  • The Information Technology (Other Standards) Rules, 2003 
  • The Information Technology (Certifying Authority) Regulations, 2001
  • Information Technology (Certifying Authorities) Rules, 2000

List of Offences and their Respective Penalties:

cyber law penalties

Other Laws Amended Under ITA, 2000

  1. Indian Penal Code, 1860
  2. Indian evidence Act, 1872

Important Websites

  1. https://www.meity.gov.in/content/cyber-laws – Ministry or Electronics and Information Technology
  2. https://ncrb.gov.in/ – National Crime Records Bureau
  3. http://www.nic.in/ – National Informatics Centre

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