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Topic : Cyber Law in India
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Started by : Aarti Gupta, Legal Consultant   07 07 2009 07:38:57 +0000
Industry : LawFunctional Area : Strategy Execution(Strategy & Execution)
Activity:  141 views;  last activity : 07 06 2010 20:18:09 +0000

We know that internet is a part of everybody's life in today's world.So at this situation of increasing Cyber Crime Rates what security does our law provide us?

 
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1 2 3 4 5
1 The Role of Law in enabling security of Internet Services
2 Cyber Crime & the Role Of Law???
3 what constitutes a cyber crime?
4 Fast and Fair Result
5 Rakesh kumar, Lawyer/ Forensic advisor

The Role of Law in enabling security of Internet Services

idea posted by Aarti Gupta Legal Consultant

As to my view I think that our law has to be very strict in framing punishments for the increasing cyber rates now. Internet is now an unavoidable factor in everybody's life.So it should be highly secured because we do most of our daily works through it.

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by motty john, Head of the Department, F.L.C.I  | 07 26 2009 17:22:30 +0000

The state has made an earnest effort against cyber crimes by the enactment of the information technology act .The indian evidence act,,the indian penal code being the criminal major acts were also amended in tune with the information technology act.  Special statutes like payement and settlement systems act 2007 was enacted to penalise and regulate "electronic fund transfer" including regulations on Debit cards, mobile money transfer,Credit card transactions etc..,These statutes reveals that the state is seriouly legislating with the need  of the time. Any how,from practical prespectieve we know these legislations on cyber crime of any form is still in infancy.The procedure for lodging a foolproof complaint or any aprreciation of evidence in accordance with the law etc still seems to be utopian due to the lack of properly trained  and callibered cyber cell officials with the law enforcing agencies.Like wise,the lower judiciary like magistrates court seems tohave the power to try majority of the offences falling under the said category.We know  how much is the present day computer proficiency of the majority of the officers of lower judiciary,who will insist for strange procedure for marking and admitting electronic evidence in a manner that might have never been even in the wildest dreams of the legislature. 

 

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In my opinion law has to  first bring awareness among the netizens, it has to make various rules and regulation for prevention of such crimes.and such rules shall be equally applicable  to everyone in the virtual world irrespective of their  nationality,where every one is bound to follow it,where as punishment,  it should be deterent in nature.....

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by Aarti Gupta, Legal Consultant  | 07 08 2009 05:54:55 +0000

Vivek thanks for asking to explain this in detail...The ways in which criminals commit crimes is changing a lot these days, if you've seen movies like Die hard 4.0 and Swordfish you can understand. The world of Internet and Digital accessability  for various things opens up new opportunities for these cyber criminals. Millions of dollars are lost to computer savvy and tech freak criminals by both businesses and consumers, and even worse is that computers and networks can be used to harass victims or set them up for violent attacks even to coordinate and carry out terrorist activities. Unfortunately, in many cases law enforcement agencies have lagged behind these criminals, lacking the technology and the trained personnel to address this new and growing threat, which has been aptly, termed as cybercrime.

It was also due to the fact that many IT professionals lacked awareness of and interest in the cyber crime phenomenon. In many of the cases, law enforcement officers have lacked the tools needed to tackle the problem because old laws didn't quite fit the crimes being committed and new laws hadn't quite caught up to the reality of what was happening, and there were very few court precedents to look to for guidance in this regard. And also the debates over privacy issues hampered the ability of enforcement agents to gather the evidence needed to prosecute these new cases. So there was a certain amount distrust between the two most important players in any effective fight against cyber crime the law enforcement agents and computer professionals.  But if we need to tackle this Cyber crime close cooperation between the two is very much crucial to  make the Internet a safe place for its users.

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Cyber Crime & the Role Of Law???

idea posted by Krishna Murthy Lawyer/Attorney, Advocate

Cyber crime in India is still in  preamature stage & it needs a thorough examination & Professionalism.....

The Gov't has enacted various initiatives in curbing the cyber crimes......By Enacting

The Information Technology Act, 2000

The Cyber regulations Appellate tribunal & various other  new acts & enactments..

Sec. 43 to Sec. 47 of The Information Technology Act, 2000 Deals with Penalities And Adjudications.

Sec. 65 to Sec. 78 of The Information Technology Act, 2000 deals with the Offences.

The Gov't has  made certain amendments in IPC, Indian Evidence Act, 1872, Bankers Books Evidence Act 1891 and The Reserve bank Of India Act, 1934 by inserting some new sections.

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by Krishna Murthy, Lawyer/Attorney, Advocate  | 07 24 2009 15:30:47 +0000

Hi, i do support your idea, the institutions can educate  or make aware of the consequences of the crime, but it all depends on the individual's how they take it. and the person who has access to the computer will have a good knowledge of what he's doing is right or wrong. And if he is found guilty the Law has it's own course.And as i said earlier Sec.65 deals with the Offences & if the guilt is proved, the sentence will follow which is 3 years to 10 years of Imprisonment & a fine of Rs.2lakhs & more.

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hi......!!

           Cyber crime is nothing but crime in virtual world, where we come accross different people virtually,we can not feel them or can not sence their bad intentions unless we interact with them but, by the time we come to know that they have ill-intentions,we will be the victims of them, this mostly happens with children who are minors,teenagers who exchange their views,details on unsecured social networking sites. law has to bring awareness among the people as to what amounts to cyber crime..there are many fourms like Cyberlex fourm(O.U.l)(hyd) which  brings awareness among netizens.we cannot completly remove the crime however we can reduce it by bringing awareness among the people.for this everyboby has to contribute their support... 

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what constitutes a cyber crime?

idea posted by suchitra LLB student, osmania university college of law

It is nothing but an unauthorised access to a computer system,.where the data in  side system is destroyed,modified or used without any authorization and which causes damage to a person....

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by Sachin Padmakar Patil, Advocate, Self  | 07 26 2009 05:27:19 +0000

Cyber crime is not only interferring with your data without your permission. But There are various modes by which cyber crimes are committed. In our country cyber crime is mainly governed with Information Technology Act 2000, which delas with various aspects of Cyber crimes. Any offence done with the help of computer is covered under cyber crime. Remember here that the computer does not mean only desktop or laptop. The S. 2(1)(i) of IT Act defins Computer. which includs all data processing devices. Ofcourse still I am a student of Cyber law and whatever expressed above is based on my little knowledge in field of cyber law.

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Fast and Fair Result

idea posted by Amit wadhwa Senior Consultant, C & W Law Associates

Today Inter Net is the one of the basic requirment we are more or less dependent on it. Seperate courts following strick proceedure and fast trail of cases will help to decrease the cyber crime.

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Rakesh kumar, Lawyer/ Forensic advisor

idea posted by Rakesh Kumar Private practitioner/Lawyer, law
The agencies/ police are lacking the knowlege about the cyber crime and not well equipped, therefore, the excution of the law itself is a big problem. Our parliament always passed the bills without assessing about the implementation and its feed back to modify the act as per situation of the country. Every thing imposed upon the police to imlement without assessing the special acumen are requred for the same. hence the strigent law would not help without well aware specialised agency to investigate the offence. In my opinion the secial agency must be there for the cyber crime.
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