Digital Technology has taken control over everything around us and it's a
part of our daily life, without which it is next to impossible to connect with
the people and cope up with the modern world. On one side, the cyber system
provides opportunities to connect and communicate with the world and on the
other side, cyber system is also known for its cyber crimes and cyber terrorism.
Criminals exploits the cyber network and other communication technologies and
ruin the smooth working and privacy of internet users, due to which there is
huge amount of loss and other exploitation that one has to go through. Cyber
crime is spreading in almost every country throughout the world, and growing
rate of e-crimes is a waking alarm for every one of us to bring development and
change in the cyber laws and regulations to keep the future of data privacy and
cyber crimes in control.
Everyday new technology is being invented and same is the situation for cyber
crimes, they are also updating themselves daily and using latest technologies
for the criminal activities in cyber world. Cyber crime authorities need more
effective and strict regulations to combat these cyber criminals in order to
protect the future of technology and data privacy in the cyber world.
This article discusses the issues and challenges on cyber laws along with case
discussions and legal provisions made on Cyber crimes in India. What all
recommendations are required more shall also be discussed in this article by the
researcher. The researcher shall also discuss the challenges and dispute
resolution mechanism under the IT Act of 2000, focusing on Cyber Law in India
Crime in today's time is a growing social and legal problem around the world
that we live in and growing population is an essential factor that influences
the rate of crime across the globe. Constantly developing science and technology
has endless advantages for the people of developing cities and countries,
throughout the world however, there are darker sides of it too.
The criminal activity such as misuse of the Technologies and playing with
someone's data and privacy is also increasing day by day with the population
growth. The number of Cyber crimes is also increasing day after day in a larger
quantity. The Rate of Cyber Crime has shown a big increase during and after the
pandemic period as almost every work was done on the internet. Work from home
has also given opportunity to the hackers to be active and work on their
internet servers by hacking the network of people working online 24x7.
Cyber Offenses are the Offenses that are committed by an individual or group of
people against anyone using the internet facility across the world. The criminal
intention of harming the reputation of someone, defamation, or any kind of
mental torture or physical harm to any individual directly or indirectly, using
the internet mode or telecommunication network services may it be Internet, SMS,
MMS, Emails, Phone calls, etc, comes under cyber crimes.
Cyber crime search as fraud, hacking, phishing, identity theft, etc, has
increased dramatically a lot in last few years. India had a 50 percent increase
in the number of cyber attacks last year during the pandemic period.
Cyber Crime DefinitionA general definition of cyber crime maybe as below:
'An unethical/unlawful act where did computer is involved or any internet source
is involved which can harm any individual, groups or community by any illegal
criminal activity is known as cyber crime.'
Reasons Behind The Cyber Crimes:There Are Various Reasons Why The Cyber Crimes Getting So Much Increase
Across The World, Few Of Them Are Mentioned Below
- For the sake of money
- For the sake of popularity
- No concrete regulatory measures on cyber crimes
- Limited coverage of Media
- Corporate cyber crimes are done mostly committed by the group not by an
Classification of Cyber Crimes:
There are number of types of Cyber crimes prevailing in the cyber space, here
the researcher will discuss few of the major categories of Cyber crime which are
given as below:
- Crime against individuals
Cyber crime that are committed against an individual person using internet
or any source of Cyber space against whom the type of crimes such as
harassment of any use user by the mode of email or not extractions fishing
credit card or debit card for traffic in cyber definition hacking the
private chats and social media IDs such as Instagram, Facebook, or telegram
come under the category of the crime against individuals.
- Crime against property
Another category of Cyber crime classification is the crime against property
these includes intellectual property crimes or computer vandalism or
threatening etc kind of crimes is mostly seen in the financial institutions
and an important feature of this crime is that there is very little law
available in the cyber laws of India due to which normally go unobserved.
- Crime against organization
This type of Cyber crime relates to the cyber crime against organization.
Cyber terrorism is one of the very famous example of such kind of crime in
the world the crime explain that when are human being hats or cracks into
the cyber space of government of any country or the military intelligence
website of any countries intelligence department cyber terrorism takes
This type of crime can be seen in any country across the globe and any
system of any intelligence around the world can be cracked due to number of
crackers and cyber terrace available in our society.
- Crime against society
The last classification of crimes in cyber space is the crime against
society, in this category cyber forgery web jacking sale of legal articles
extortion of data drilling and polluting the youth through various criminal
sources available on internet which brain washers the youth and cyber
contraband etc, are included in this category.
Mostly the web checkers and hackers game access over the sites and personal
data of the youth through the gaming websites and online job fraudulent
cases are mostly heard in the society nowadays for the fulfillment of the
pockets of hackers due to unemployment in the country.
An Insight of Cyber Laws in India
Digital guidelines are particularly significant in countries like India, where
the web is generally used. Digital regulations are set up to control the
advanced trade of data, programming, data security, online business, and
financial exchanges. India's digital regulations have prepared for e-trading
purposes and electronic administration in the country, as well as expanded the
extension and utilization of advanced media, by guaranteeing ideal association
and diminishing online protection gambles. In any case, there are a few
hindrances that stroll alongside the current regulations too.
There are prevalently four digital regulations that India embraces:
- Information and Tecchnology Act, 2000
The IT act, which was enacted in the year 2000, takes care of the Indian
Cyber Cell department. The aim of this act is to protect E-commerce trading
and networking with legal protection by making it suitable to register real
time information with the Government of India.
However, with the generation being technology freak, cyber criminals
(hackers & Crackers) being very smart have other ways to misuse this
technology, and so amendments are always been made by the government in this
act for the improvement.
- Companies Act, 2013
This act gave SFIO (Serious Frauds Investigation Office) the whole
responsibility to run the Software of Indian Corporate department and
protect them from Cyber Frauds.
And they have very strict rules and regulations against the regulations and
cyber security to protect Companies from any kind of cyber attacks.
- Indian Penal Code, 1860
IPC along with IT act, 2000 both work together to identify theft or crimes
relating to cyber space.
The main provisions relating to cyber crimes seen in general are as under:
- False documentation (S-464),
- Forgery (S-465),
- Defamation (S-469), Etc
- Cyber security Framework (NCFS)
This provides standardized approach to the cyber security and includes all the
necessary guidelines and regulations for effectively managing the Cyber Related
Issues and solves them with the required solutions.
Among all the above mentioned cyber laws in India, The IT Act, 2000 remains alot
in the discussion when data protection law is being talked about in India.
Dispute Resolution Mechanism under IT Act, 2000
The Information Technology Act, 2000 lays out semi legal bodies, for example,
mediating authorities, to determine questions (offenses of a common sort as well
as criminal offenses). The mediating official has the locale to grant
remuneration as a common cure as well as force fines for disregarding the Act,
giving them common and criminal court-like powers.
The Cyber Appellate Tribunal
is the principal level of allure, with a Chairperson and any extra individuals
selected by the Central Government. A subsequent allure might be stopped with a
High Court having purview in no less than 60 days after the Cyber Appellate
Tribunal's decision has been imparted.
Issues With The Dispute Resolution Framework Under IT Act:
The system might look encouraging in principle, however it has not been as
successful practically speaking. There is not really any reportage on a digital
question and there is no information accessible on the quantity of cases
mediated upon by officials or the court.
We have recognized specific issues that
feature the lacunae in the framework:
- Possibility of orders passed by the Adjudicating officers
They AOs appreciate wide powers. They can settle on infringement of any
arrangement, rule, guideline or bearing passed under the IT Act. AOs have some
of the time elapsed orders with huge implications. For instance, in one case, an
AO expected a bank to take responsibility for not practicing a reasonable level
of effort to forestall phishing. The AO alluded to the overarching RBI
guidelines on web banking to come to this end result. In this manner, AOs can
assume a critical part in deciphering the IT Act.
There are numerous AOs, who address comparable sort of issues, simultaneously.
This outcomes in the issue of clashing feelings on a similar issue. For example,
in a case, the AO had held that Section 43 of the IT Act was not relevant to the
bank as it was a body corporate. In any case, AOs in different states had held
in any case. In different cases, Section 43 has been summoned against body
corporates. This can make it challenging for a substance to follow the IT Act,
as it might need to consider the assessment of different AOs to work across
- Need for building capacities for adjudicating cyber offences
There is a need to fabricate the limit of AOs. The Crown Prosecution Service of
the United Kingdom has given Cybercrime-arraignment direction This direction has
characterized significant sorts of cybercrimes like hacking, virtual
entertainment related offenses, and so forth. They give fundamental standards to
the settlement of cybercrimes. A direction of a comparative sort ought to be
acquainted in India with guarantee better treatment of objections
- Investigation & appreciation of evidences during the process of
Examination concerning infringement is directed by an official in the Office of
Controller of Certifying Authorities or CERT-IN; or by the Deputy Superintendent
of Police. Be that as it may, the limit of these bodies to direct digital
examinations is problematic.
Most digital offenses are accounted for to the police divisions, as the National
Cyber Crime Portal capacities under the space of the Ministry of Home Affairs.
Grumblings on this entry are alluded to the police branch of the state in which
the claimed digital offense was committed. The police staff are not furnished to
manage cybercrimes; they might not have the imperative aptitude in regions like
digital legal sciences and examination. They frequently designate confidential
firms to explore into such matters.
There is no directing report under the Indian administrative system on digital
examination or digital criminology. The Information Technology (Amendment) Act,
2008 has laid out a body called the Examiner of Electronic Evidence. This body
gives well-qualified assessment on electronic proof.
The MeitY has delegated
different measurable science research centers as the inspector. These research
facilities hold mastery in directing digital examination. Be that as it may, the
Holding of Enquiry Rules, 2003 have not been refreshed post the approaching of
the 2008 revision act. The principles should be altered to empower AOs to
request such inspectors to explore into the issues before them.
There ought to
be rules or standards on the examination of digital offenses to all the more
likely prepare the police and other exploring organizations to deal with such
cases. For example, the United States Department of Justice had given an aide on
'Electronic Crime Scene Investigation' in 2001.
This is an exhaustive aide which
sets out examination strategies for various types of digital infringement like
fakes, wholesale fraud and so on. A comparable public rule on digital
examinations should be given in India. A cybercrime examination manual was sent
off by the Data Security Council of India. Steps should be taken by the focal
government to inform such rules.
- Jurisdiction Issues
Jurisdiction is one of the questionable issues on account of digital wrongdoing
because of the exceptionally widespread nature of the digital wrongdoing. With
the steadily developing arm of the internet the regional idea appears to
evaporate. New Methods debate goal ought to give way to the customary
Subsequently, the Information Technology Act, 2000 is quiet on these
issues. However S. 75 accommodates extra-regional activities of this regulation,
yet they could be significant just when supported with arrangements perceiving
requests and warrants for Information gave by capable specialists outside their
locale and measure for collaboration's for trade of material and proof of PCs
wrongdoings between policing.
Challenges to enforce Cyber Crimes
There are endless discussions that have been heard relating to the advantages
and disadvantages of Cyber crime in our daily life and there are many challenges
in front of the government of any country to fight against the growing cyber
Few Of The Cyber Crime Challenges Are Given As Under:
- Lack of trend and qualified manpower to implement and development the
rising issues of Cyber space
- There is lack of social awareness and cyber attacks have not only given
rice to the cyber terrorism but also the cyber crime hackers are getting
better Day After day as there is sample of material available in the
internet about cyber crimes and hacking.
- Research and development programmes and promotions of the ICT department is
not up to the mark
- There is minimum knowledge of computer sectors in Indian cyber cell most
of the candidate in the cyber cell department are illiterate and they have
less amount of knowledge than young hackers in society.
- The government budget passed for security purpose of the cyber law
enforcement and training programs is lesser as compared to other crimes in
the country which needs to be taken care of.
- The latest technologies & the working speed of young & updated cyber
hackers always beats the progress of speed in the government sectors and
departments that are taking care of Cyber cell due to which the government
is unable to identify the original sources of Cyber crime networks usually
and is unable to catch the hackers or the cyber terrorist.
- The current laws and regulations made by the government for the
betterment of Cyber cells in India is not sufficient that needs more
development and more strict laws should be past for the betterment of Cyber
space and internet users should be well aware by the government programs and
schemes like other criminal activities the cyber crime is also an essential
part of our daily life and betterment of the national privacy.
Better legislations with increasing Ambit of Cyber internet space is very
necessary such legislations should be governing nationally as well as
internationally to avoid the issues and contradiction of laws between the
Nations having cyber crime problems.
As the growing number of Cyber crime in the country, it is very necessary that
the present dispute resolution structure given under information and technology
act of 2000 maybe strengthened. The authorities of IT act are responsible for a
huge range of concerns which includes data privacy cyber offences cyber security
concerns and responsibility of keeping the data of every internet user safe.
Such authorities must be developed so that they can bring a well developed and
better regulatory structure for the increasing number of Cyber attacks in the
Written By: Adv. Shubhankar Banerjee
- N. Roshan, 'What is Cyber Crime- Asian School of Cyber Laws', available at:
- Ashabhari Thakur, 'Determination of jurisdiction in cyber crimes- issues &
classification', 2019, available at: www.legalpedia.in
- Ikigai law, 'DRM framework of cyber crimes under IT act, 2000,' available
- Dr. S. Poonia, 'Cyber Crime: Challenges & its Classification', Vol. 6, issue
10, available at: www.ijettcs.org
, B.A.LLB (H); LLM