Cyber law of India is present in the form of information technology act 2000 (IT Act 2000). It was drastically amended by the information technology amendment act 2008 (IT Act 2008). This amendment was supposed to strengthen the cyber law of India.However, the IT Act 2008 made the cyber law of India impotent and ineffective. India has become a safe heaven for cyber criminals who have no fear as there is no stringent law to punish them. This is also the reason why phishing frauds and spam communications have increased a lot in India.
Although we have a Cyber Law but we do not have a Cyber Crimes Law, says Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of India. This is so because after the IT Act 2008 Amendments almost all the Cyber Crimes have been made “Bailable” in India, says Dalal. The IT Act 2000 is vaguely dealing with issues like E-Commerce, E-Governance, Cyber Crimes, etc but practically it caters the requirements of none, opines Dalal.
India has committed a big mistake by incorporating provisions regarding e-governance, e-commerce, cyber crimes, etc at a single place. This way India could not do justice to either of them. This is also the reason why experts in India have been suggesting that cyber law of India should be repealed.
It would be a better approach if issues of E-governance, E-Commerce, Cyber Law, Cyber Security, Cyber Forensics, etc have “Independent Legislations” rather than clubbing them all at a single place, suggests Dalal. It would be better if the Cyber Law of India is repealed and separate laws are formulated for each of the abovementioned areas, opines Dalal.
Although this is a good suggestion but it would be expecting too much from Parliament of India that is very indifferent towards law making these days.
