Inadequacy of Cyber Laws in India

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Title: Inadequacy of Cyber Laws in India Inadequacy of Cyber-Laws in India*   Introduction: A very simple understanding of the term “Cyber Law” is that it is the law governing Cyber Space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc.), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc.[1] Crime is both a social and economic phenomenon and in today’s world it can be prevalent in our real space as well as cyber space. Thus in order to curb the cyber-crime, Indian Cyber Law was born on 17th October 2000.2 It is the primary source of cyber law in India.3 There are no other sources from which cyber law is derived in India.

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This act covers all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. It is often wrongly interpreted that cyber law is a technical field but in reality it is a really vast concept with constant need for amendments in the law. Every action and every reaction in Cyberspace has some legal and Cyber legal perspectives. With the increasing number of people spending majority of their time in cyber space there was an immediate need to introduce laws for the cyber space. This paper will talk about the legitimacy of cyber laws in India. Moreover the existing legislations and rules need to be reviewed again as they are inadequate for today’s society. Cyber laws are applicable to everyone ranging from registering the domain name to emailing anyone. Infact every activity which one pursues on the internet is governed under the cyber law. This paper will give a deep insight into the cyber laws of India and critique on its shortcomings and inadequacy in certain fields in India. Moreover the article will point out the limitations of the cyber laws in India and do a brief case study on the law. The cyber law concept being still new in India there is a vast playground for it to improve considerably. Also we have found out that since the past few decades the importance of cyber law has vastly improved.4 The researcher will highlight the key issues and state various landmark cases like Avnish Bajaj Vs. State (N.C.T.) of Delhi.5 A notable notion can be taken from the declaration of the independence of cyberspace by John Perry Barlow, Switzerland: “We will create a civilization of the Mind in Cyberspace. May it be more humane and fair than the world your governments have made before.” A Declaration of the Independence of Cyberspace. John Perry Barlow. Davos, Switzerland. February 8, 1996.6 This notion talks about that even though the government may be unfair to the world but in Cyberspace the internet aims to create a humane and a fair situation for everyone.

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