A Study on Regulation of Cyber Law in India
Digeshwar Prasad Sahu1, Ms. Yamini Sahu2, Mrs. Swati Jain3
1Department of Computer Science, Seth Poolchand Agrawal Smriti College,
Nawapara-Rajim, Raipur (C.G.), India
2Department of Computer Science, Seth Poolchand Agrawal Smriti College,
Nawapara-Rajim, Raipur (C.G.), India
3Department of Computer Science, Govt. J. Yaganandam Chhattisgarh College, Raipur (C.G.), India
*Corresponding Author E-mail: dksahu2007@gmail.com, yaminisahu512@gmail.com, swati_12bafana@yahoo.com
ABSTRACT:
In the current times, the incidence of cybercrime is increasing like email bombing, computer hacking, spam, and phishing, etc. Legislation has also been made for fraud in computers. Very difficult laws have been enacted for this type of crime in countries like America and Israel. Israel created an agency called the National Cyber Directors which provides information to the direct government. He also passed the bill on 20 June 2018 by the Directorate of Cyber Security and National Cyber.
In a country like Cambodia, there is a provision for punishment and fine of up to 12 years under Article 30 for normal fraud related to the computer, while in a developing country like India, there is a provision for punishment and fine of up to 10 years in case of severe cybercrime. In this paper, I have tried to make some suggestions for amending the cyber law of India, so that there can be some reduction in cybercrime.
KEYWORDS: Cyber Crime, Cyber-attack, Cyber Security, Ethical hacker, Cyber Law.
I. INTRODUCTION:
In modern times, the number of people working through computers, internet and networks is increasing. We have become dependent on a technology through which we can easily do everything. We are using social sites to communicate with each other. Due to this, we are completely dependent on technology.
The invention of internet and network along with computer has made human life very easy. It is being used in almost every region of the world (medical, education science, business, e-commerce, etc.). Many computer users have been using it for decades to get personal benefits or to harm others. This is where the incident of cyber-crime starts.
According to Global Digital 2019, the population of internet users is increasing by about one million every day. Since January 2018, there has been an increase in internet users. Today, there has been a huge increase in mobile users in the world, which is about 2 % of 100 million in the last year. The number of internet users is 4.39 billion in the year 2019, which is an increase of about 9 percent in January 2018 compared to 366 million.[1]
This is the reason that cybercrime has also increased. We can say that crime committed through computer, internet and network is cyber-crime, but today the place of internet has taken cyberspace. To secure them, we needed cyber security due to which the threats on computer or digital devices could be prevented.[2] All we need is confidential passwords, documents, email, phishing, bank account hacking, theft, etc. In addition to securing the crime, the offender should also be punished. For this reason, cyber law is needed. There is no definite definition of cyber law in our constitution, yet generally we can say that the laws made to control cyberspace are called cyber law.[3]
The General Assembly of UN approved India's first IT rule which was based on the "United Nations Model Law on Electronics Commerce"(UNCITRAL).[4] When a criminal is punished, a section is seen for which it is mandatory to have a regulation in which rules are made. In this paper we have put some view of point about cyber law regulation.
II. MEANING OF CYBERCRIME:
Cyber-crime is a crime that is done through the computer, internet, network, computer software, and hardware.
In this type of crime, the information of private information, password hacking, credit and debit cards, etc. of any other person are stolen by a hacker or an unidentified person.
Cybercrime can be of various types like email hacking, virus, spam, fishing, obtaining online information, spying every time. We can say that this crime is done through hacking.[5]
III. WHAT IS CYBER SECURITY?
The online system of an internet user is interrupted by a hacker or an unidentified person who intercepts the online work (stealing confidential information) to prevent it from being provided with a security system known as cyber security. The security that is provided while working online is called cyber security.
One type of security is provided through the internet. When we do any online work with the help of computers, the internet and network, then this type of security is provided to us and this security is provided through the internet.
The Ethical Hacker prevents them from leaking any kind of data from Crime Hacker or Unauthorized Hacker. On the other hand, the Etherized hackers are highly knowledgeable about computer, internet, and network, all types of banking systems, online transaction systems or I.T. Security is provided to the field, due to which they are unable to intercept hackers or individuals unauthorized in another's system.
IV. WHAT DO YOU MEAN BY CYBER LAW?
In order to prevent crime through computer, internet, and network, the provision of punishment and fine is called as cyber law. It is also called Information Technology Law.
The following definitions have been given by the Ministry of Electronic and Information Technology, Government of India: -
“Cyber Laws yields legal recognition to electronic documents and a structure to support e-filing and e- commerce transactions and also provides a legal structure to reduce, check cyber crimes.[6]
Indian law has not given any logical meaning to the term "cybercrime". In fact, the Indian Penal Code Information Technology (Amendment) 2008, amended by the Indian Cyber Law also does not refer to the word 'crime' but cyber security is defined as Section(2)B, Which means the unauthorized access, use, disclosure, disruption, destruction in which the data store resides and the legal description related to communication devices, computer devices, computer processing, and information.
Cyber Law in India was implemented on 17 October 2000 under the Infrastructure Technology Act 2000. This is the first law in India whose law was enacted for cybercrime, online transmissions, e-commerce, computer software, and hardware. This IT Act 2000 was amended in the year 2008 and later on 2 July 2013.[7]
V. CYBER LAW IN INDIA:
Different types of laws have been enacted in India, some of which are as follows:- [8]
Section |
Crime |
65 |
Rigging the computer source document. |
66 |
Hacking with computer systems. |
66 A |
To publish abusive information. |
66 B |
Theft of a computer device or communication device. |
66 C |
Stealing password |
66 D |
Cheating using computer and mobile resources. |
66 E |
Publish a personal picture or image. |
66 F |
Terrorist activities through cyber. |
67 |
Obscene activity. |
67 A |
Publishing a Sexual related picture’s |
67 B |
Publishing child porn or showing online porn. |
67 C |
Keeping records systematically. |
69 |
Failed or refusing to decrypt data. |
70 |
Accessing Protected Systems |
71 |
To misleads |
VI. WHAT IS CYBER LAW REGULATION?
When a person commits a cybercrime, then the rules which are made for the punishment and penalty imposed under various sections are called the Cyber Law Regulations.
Cyber Security Skills are essential to manage Offensive and Defensive Cyber Security Capabilities of India. Further, Managing India's Cyber Security Problems, Issues and Challenges would also require Techno Legal Expertise. Crucial Cyber Security Issues like Cyber Warfare Against India, Cyber Terrorism Against India, Cyber Espionage Against India, etc require tremendous Techno Legal Expertise.
In India, schemes like National Cyber Coordination Center(NCCC), Central Monitoring System Scheme, National Counter-terrorism Center, National Intelligence Grid Scheme, National Political Information Infrastructure
Protection Center should not only be managed in technology but also in constitutional planner.[9]
There was no cyber security policy of India before 2013. Earlier IT Act 2000 and its amendment policy was 2008 Act, whereas before India, China, US countries had made constitution for cyber security. In 2013, The Hindu newspaper, referring to the Anson Whistle Blower Edward Snowden leak document, alleged that most of the surveillance of the NSA lies in India's domestic politician, strategist and commercial advisor. This caused panic among the Indian people, then the Indian government unveiled the National Cyber Security Policy 2013 on 2 July 2013.[10]
VII. WHY WE NEED CYBER LAW REGULATION IN INDIA?
When the website of the Indian Space Agency's account department was hacked in 2015, Mr. Pawan Duggal, knowing the cyber law of the Antrix Organization and Digital India Program, had said that "dedicated cyber security program law" is very important for India Is This Act alone is not sufficient to keep cyber security as a part of the IT Act. It will be necessary to explain cyber security from the regional point of view as well as from the national point of view.[11]
This law, called cyber law, covers a wide area, online privacy, online Harassment and e-mail bombing etc. which includes many subdivisions right to freedom of the person. This law generally refers to the law of the Internet. Any rules or laws are made for the convenience of the people. People are using smart phones, computers and other electronic devices easily. As times are changing, the trend of digital technology is also changing. In such a situation, the rules of law should be changed so that we can determine the security of cyberspace
The purpose of Cyber Law Regulation is to compel companies, organizations and the public to protect themselves from cyber missions to provide for penalties for incidents such as viruses, Trojans, unauthorized access and hacking.
VIII. HOW TO BE CYBER LAW REGULATION?
Cyber law has been enacted for cybercrime globally. This regulation considers cyber law. We must explain the continual changes between the coming new cybercrime and problems.
The Cyberspace Information Sharing Act (CISA) aims to improve cyber security of the United States by sharing information on cyber security-related attacks. This law allows companies to share information about Internet activities between technology sectors and the US government. This Act was introduced in the US Senate on 10 July 2014, which was passed on 24 October 2015. The purpose of this act was to share information and understand the problems and get help in creating new regulations. This regulation paves the way for cyber security while reducing the respect and economic losses for companies.[12] Indian cyber security can also benefit from this type of act.
European, US, Russia and China countries insist on making cyber law their own cyber national law instead of accepting international law So that crime will be curbed. We also need undesirable changes in cyber law like the United States. They In 2015 released a guidance line for Operating in Cyberspace which articulated five goals:
1. To treat cyberspace as an operational domain,
2. To employ new defensive concepts to protect networks and systems,
3. To partner with other agencies and the private sector in pursuit of a "whole-of-government cyber security Strategy",
4. To work with international allies in support of collective cyber security and
5. To support the development of a cyber workforce capable of rapid technological innovation.
The Government of India should also formulate new rules keeping in mind the rules framed by the Global Court so that crime can be successful in curbing. However, the Government of India is working on a National Policy for Cyber Security as per [IPHW 26 (1) 2019, NPI2019], which states that: -
1. To develop an understanding of measures for the prevention of hazards related to electronic products.
2. To test and evaluate for Cyber Security.
IX. CONCLUSION:
The development of any country occurs when there is awareness among its citizens. About 45% of the people in India are using mobile and computer devices. E-commerce, balance inquiry and money transfer etc. are working through the Internet, but the use of cybercrime is also increasing. This also damages the social, cultural and integrity of the country. For the prevention of cyber-crime, IT Act 2000 and amended Act 2008 were introduced which were also amended in 2013. Harmonization of international and national regulations is also necessary for various cyber-crimes. Our aim in this paper is to make cybercrime aware. A brief study has been done on cyber law and regulation of India. We want to say that cyber-crime is not acceptable at all. It is necessary to change the Cyber Law Regulation over time as the technology is changing day by day, so the activities of cybercrime are also increasing. If the criminal is not punished, he will not stop.
X. REFERENCES:
1. https://wearesocial.com/blog/2019/01/digi tal-2019-global-internet-use-accelerates
2. International Research Journal of Engineering and Technology (IRJET) (Animesh Sarmah, Roshmi Sarmah, Amlan Jyoti Baruah,)[www.irjet.net ]-June – 2017
3. https://www.slideshare.net/bharadwajchetan/an- introduction-to-cyber-law-it-act-2000-india
4. http://www.academia.edu/7781826/IMPACT_OF_SO CIAL_MEDIA_ON_SOCIETY_and_CYBER_LAW
5. Cyber Crime Scenario in India and Judicial Response (IJTSRD)(Nidhi Arya)May-Jun 2019
6. https://www.geeksforgeeks.org/cyber-law-it-law-in-india/
7. https://taxguru.in/wp-content/uploads/2012/10/cyber- laws-overview.pdf
8. https://en.wikipedia.org/wiki/Information_Technology_A ct, _2000
9. “Cyber Security with Special Focus on Cyber-crimes and Cyber Laws (NSCS 2014)” November 2014-IJDCST
10. https://economictimes.indiatimes.com/news/science /isro-to-launch-10-satellites-to- replace-its- ageing-fleet/articleshow/73719258.cms
11. https://superlawyer.in/pavan-duggal-advocate - supreme-court-shares-his-views-on-protecting- privacy-cyber-security-issues-and-enforcement-of- cyber-laws-in-india/
12. https://www.appknox.com/blog/united-states-cyber-Digeshwar Pras\
Received on 21.05.2020 Accepted on 18.06.2020 © EnggResearch.net All Right Reserved Int. J. Tech. 2020; 10(1):102-105. DOI: 10.5958/2231-3915.2020.00020.6 |
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