Cyber Laws

Cyber Laws aim at regulating the sphere of Internet. Internet has become an important and powerful force in our society and policies regarding the monitoring and protection of cyber rights were needed which paved way for the enactment of various cyber laws.

What are the applicable laws to this topic? 
  • National Cyber Security Policy 2013
  • Information Technology Act, 2000

Features of Cyber Laws in India:

  • Cyber-crime does not have a specific definition as per the Indian statutes. However, the meaning of crime has been discussed by Indian statutes and Courts, hence Cyber-crime is anything that has the elements of a crime with the involvement of a computer/cyber space.
  • Courts & Judiciary have not yet given legal validity to emails
  • As per Section 78 of the Information Technology Act, 2000 (hereinafter referred to as I.T. Act, 2000), only a police officer of the rank of Deputy Superintendent of Police and above can investigate any offence under the I.T. Act.
  • Intermediaries are not liable for the third party information, data or communication hosted by them provided-
    • Due diligence in the course of discharging their duties was observed
    • Its role was restricted to the providing of access to a ‘communique system’
    • Initiation of the transmission, or modification of the information of the transmission was not done by the intermediary
  • Destruction, alteration, disruption, and so on a computer with the intention with the intention of destruction of data without the consent of the owner is a punishable offence for which a fine upto Rs. 1 Crore may be given as per Section 43 of the IT Act.
  • Section 66A of the IT Act was held unconstitutional by the Supreme Court on 24th March 2015. Section 66A of the act dealt with punishment for sending offensive messages through communication service.