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EVOLUTION OF CYBER LAWS IN INDIA

ABSTRACT

The Internet is frequently seen as a significant invention that set the US on the path to progress and expansion; however, it has now lost its promise as an innovation and has had detrimental effects on society. Potential offenders who engage in criminally dishonourable behaviour out of a confused mental state now have access to the Internet. Cybercrime focuses on actions that are illegal and rejected by civilized society. Criminal activity in the cyber sphere is a growing issue in contemporary India. The governing entities must recognize the gravity of this situation and enact rigid legislation as a response to the rising crime rate. India, a democracy and popularly sovereign state, operates under the tenet that government is of the people, for the people, and by the people; as a result, individuals are first and foremost protected in terms of their safety and dignity. The fact is that a nation with such a large number of talented brains is throwing away its potential by participating in trashy criminal activities. The brains of a nation with such a large population may perform miracles and reach the pinnacles of brilliance, but the influence and manipulation of the perverse elements of society are destroying them. Cybercrimes are avoided by cyber laws, which also offer the victim of a cybercrime legal protection. The present cyber laws' shortcomings arose as a result of the rising crime, and it was then realized that new cyber laws were required to handle the rising number of cybercrimes. This essay will concentrate on cybercrime, including its various forms, laws put in place to combat it, and the necessity and history of such legislation. The paper's main focus is on the development of cyber law in India, with particular emphasis on major rulings that called into question formal legislation.

KEYWORDS: Cybercrime, Hackers, Crackers, Spamming, Computer vandalism, Computer trespassing, Scamming, Identity theft, Pornography, Punishing, cyber law, IT Act 2000

INTRODUCTION

Going online for many individuals actually felt like boarding the information superhighway, and utilizing chat rooms on websites seemed like entering and exploring a new virtual world. The number of Internet users has exploded in only a few days. Less than 100,000 people had access to the Internet in the 1990s. Around 500 million individuals worldwide may access the Internet at any given time. The Internet is becoming more and more intertwined into daily life in both the real and digital worlds. The evolution of the Internet is still in its very early stages. As the most recent form of communication, their governing regulations are still in the process of development. As the Internet becomes more widespread, cyber laws become more complicated and must address more pertinent topics. While many nations and civilizations are working to establish cyber laws, only a select handful have done so, and India is happy to be one of them. The fast development of the Internet and its effects throughout the whole Internet has proven to be quite challenging for the old legal system to keep up with. The implementation of traditional rules in cyberspace is significantly hampered by the borderless nature of the space, the anonymity of users online, the dynamic nature of e-commerce, and the speed of digital transmission. People anticipated that in order to regulate the new virtual world while dealing with certain major legal issues, cyber laws would be necessary. The global goal of cyber laws and laws connected to cyberspace is to harmonize the current legal framework. Cyber laws are created to limit future legal difficulties.[1]

REGULATION OF CYBERSPACE: INTRODUCING THE NEED FOR CYBERLAWS

Little did the founders and subsequent creators of the Internet idea realize that the Internet would ultimately need to be regulated since it would have the potential to expand into a monster that could be used for a variety of immoral and unlawful actions. Theft of identity, terrorism, and money laundering are just a few of the unsettling things that take place online. Because of the anonymity of the Internet, anybody may engage in a wide range of illicit behaviors without consequence. Cyber laws are required because these "grey areas" are being abused by people, businesses, and others of a similar kind to commit crimes online. Therefore, cyber law affects us in our day-to-day lives. Every action we do in cyberspace may and will be viewed from a legal viewpoint since the Internet is evolving and is now thought to be the best medium to have ever evolved in human history. Every moment of every day, there are different Cyber Law problems at play whether we register our email, book an online train ticket, engage in some electronic commerce, open a bank account, take money out of an ATM, or pay our utility bills. These problems might not disturb us, and we might believe that these regulations are far away from us and have no impact on online activity. But eventually, something may fail to respond, causing a loss, and we will be compelled to pay attention to cyber law for our own advantage.[2]

WHERE ARE WE GOING WITH CYBER LAW IN THE FUTURE?: A CRITICAL EVALUATION

There is a growing understanding among many nation-states that their laws must be harmonized and that international best practices and principles must guide implementation as cyber law evolves throughout the world. The judicial system would need to continue to establish cyber laws. The experience gained through technological complexity will necessitate fresh explanations of both the substantive and procedural laws. It would be up to the courts to develop a cyber jurisprudence that is in line with our fundamental protections. The new year of 2012 has begun. Technology and cyberspace are rapidly advancing in new and profound ways as the globe moves through a completely unique period in history. 2012 promises to be a year that is expected to have significant Cyber law problems and trends, with the economic, political, and social changes of 2011 serving as the background canvas. Crystal gazing is never easy, especially when trying to be precise. The growth of jurisprudence and current patterns, however, allow one to attempt to predict certain general tendencies in cyber law that are likely to surface in 2012. Increased network assaults and the requirement for developing suitable legal frameworks for strengthening, maintaining, and promoting cyber security are anticipated to be the main trends in cyber law that 2012 will put forth. As cyber incidents and breaches of cyber security are predicted to rise sharply in 2012, lawmakers around the world will be faced with the challenge of how to develop appropriate enabling legal frameworks that not only protect and preserve cyber security but also further instil a culture of cyber security among "netizen" users. Many of the current cyber laws in existence today do not yet address crucial concerns related to cyber security. In the context of the usage of computers, computer systems, computer networks, computer resources, as well as communication devices, this year is anticipated to bring about more increased focus and emphasis on developing effective obligatory rules that would assist safeguard, preserve, and promote cyber security.[3]


CONCLUSION

As a result, cyber law is continually changing. Because it is a process that is continually changing, cyber law is appropriately adapting to meet the demands of the times as new possibilities and problems emerge. Different nations have experienced different things when drafting and putting into practice cyber legislation. In the US and the West as a whole, several early adopters had developed their own laws in this area by either adapting their own laws to the setting of cyberspace or by enacting new laws specifically related to it. Developing nations like India, Pakistan, Indonesia, Malaysia, and the Philippines have followed in their footsteps by enacting cyber law laws. India passed cyber laws, making it the 12th country in the world to do so. As a result, cyber law is continually changing. Because it is a process that is continually changing, cyber law is appropriately adapting to meet the demands of the times as new possibilities and problems emerge. Different nations have experienced different things when drafting and putting into practice cyber legislation. In the US and the West as a whole, several early adopters had developed their own laws in this area by either adapting their own laws to the setting of cyberspace or by enacting new laws specifically related to it. Developing nations like India, Pakistan, Indonesia, Malaysia, and the Philippines have followed in their footsteps by enacting cyber law laws. India passed cyber laws, making it the 12th country in the world to do so.


REFERENCES [1] Chauhan, Evolution and Development of Cyber Law - A Study with Special Reference to India (January 2, 2013). Available at SSRN <https://deliverypdf.ssrn.com/delivery.php?ID=805083115115086064014092097120099124020009058049034037091095010006029079088000029124013048012118102116115019089103013002028078026033071081039083097024119112116117019023022010091073092078106093102000098113003007120091113092127103124117001016072090017003&EXT=pdf&INDEX=TRUE > accessed 08 June 2023 [2] Chauhan, Evolution and Development of Cyber Law - A Study with Special Reference to India (January 2, 2013). Available at SSRN <https://deliverypdf.ssrn.com/delivery.php?ID=805083115115086064014092097120099124020009058049034037091095010006029079088000029124013048012118102116115019089103013002028078026033071081039083097024119112116117019023022010091073092078106093102000098113003007120091113092127103124117001016072090017003&EXT=pdf&INDEX=TRUE > accessed 08 June 2023 [3] Chauhan, Evolution and Development of Cyber Law - A Study with Special Reference to India (January 2, 2013). Available at SSRN <https://deliverypdf.ssrn.com/delivery.php?ID=805083115115086064014092097120099124020009058049034037091095010006029079088000029124013048012118102116115019089103013002028078026033071081039083097024119112116117019023022010091073092078106093102000098113003007120091113092127103124117001016072090017003&EXT=pdf&INDEX=TRUE > accessed 08 June 2023

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