Cyber law is the branch of law that deals with legal issues related to use of internet working, information technology. Cyber law also called IT law is the law regarding information technology including computers and Internet. It is related to legal informatics and supervises the digital circulation of information software, information security and E commerce.
Cyber law is the subject of law that affects every aspect of every day life, The idea being all aspects of life starting from your basic Ration card, driving license details, admission card details, pan card details, Bank account details all of this information is stored data base around the country and specifically in all the worlds.
In short cyber law is governing computers and the internet. Now a days due to covid19 cyber law is very important in the present era, because it deals with almost all aspects of transaction and activities related to internet worldwide and cyber space has some legal aspects.
Due covid19 pandemic all the official works and school based on internet and technology. In history when GDP down unemployment up crime increase day by day.
Now the question put up why would we want study cyber law?
Cyber law is one of the best and mandatory subjects of law because of all the official work, study and many more activities doing through internet. IT act mandatory subject according to me in all the law colleges which is necessary in the present time and future time is most important role of cyber law in our daily life. Most of all law students should be known about information technology, cyber law is basic law subject with the understanding of legal world in itself, now in the other hand if you are not a part of legal fraternity as an law student as and practice advocate and you belong to field like engineering ,doctor and banker .and understanding of this subject still is of utmost important because irrespective of the field that you work and practice in information technology and its various aspects affect you in daily life as well as in professional life, and now what well worst of basic of security, technology and understanding of law if you have kind of knowledge before you join organization and companies hiring.
CYBER LAW IN INDIA AND INFORMATION TECHNOLOGY ACT 2000.
The Information Technology act 2000 is codified cyber law for India. It aims to provide legal recognition to E-commerce and to facilitate filing of any Electronic records with the Government agencies. The increasing growth of Electronic commerce popularly called E –commerce made it necessary to have legal protection to such transaction. The Indian Parliament took a step of seminal importance by passing Information technology act 2000.
Join our Social Feeds for Daily Quizzes & More Here.
OBJECTIVE
- To provide legal recognition to Electronic record and digital signature.
- To facilitate Electronic filling of documents with government department.
- To facilitate and give legal sanction to electronic fund between bank and financial transfer institution.
- To Give legal recognition for keeping of books of account by bankers in Electronic form
- To provide legal recognition to business contracts and creation of rights and obligation through electronic media.
- To establish a regulatory body to supervise the certifying authorities issuing digitals signature certificates.
- To create civil and criminal liabilities of the contravention of the provisions of the act and to prevent misuse of the E-business transaction.
Information communication technology.
Mode of communication.
- One to one communication.Eg:Email
- One to many Example list serve
- Sharing of Information Data base such as USE and NET.
- Real time communication. Example chat and Relay chat.
- Real time remote utilization, Example tel and net.
- Remote information reprival, Eg:www.FTP.
TYPES OF CYBER CRIME .
- Obscenity
- Defamation
- Hacking and Cracking.
- Crime through Mobile Phones.
- Cyber fraud and Cyber Cheating.
- Email related crimes .
- E-commerce and Online Contracts.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
Obscenity
Cyber obscenity is an extension of physical obscenity, obscener tending to moral looseness offensive to the mind. Difficult to judge obscenity in isolation using strait jacket principle.
Test of obscenity;-MILLER VS CALLIFORNIA
It was a landmark judgment of the US supreme court modifying its definition of obscenity from that of
‘’utterly without socially redeeming value to that which lacks ‘serious literary, artistic, political or scientific value.
Defamation
Defamation may be defined as “making of false, derogatory statement in private or public about a persons business, practices, character, financial status morals and reputation.
IPC of Defamation
Section 499 Indian Penal code states that any person whose reputation has been damaged or was intended to be damaged by the material in question has the rights to sue for defamation, whoever by words either spoken or intended to be read or signs or by visible representations mades or publishes any imputation concerning in person intending to harm the reputation of such person is said expect in the cases here in after expected to defame that person.
Online Internet Defamation
Online defamation is publications of such statements made on any internet based media blogs forms websites said in simple words online defamation is publication of defamatory statements on internet, These Defamatory comment appear on a social network environment facebook or twitter or on a website blog or online form.
ESSENTIAL INGREDIENTS TO CONSTITUTE THE OFFENCE OF Defamation:
- Making a publishing of imputation concerning a person.
- Such imputation should have been made.
- By words either spoken or written.
- By signs or
- By visible representation
- Publication of statemement.
When IT Act 2000 enacted the provisions of 66 A gave to place in the IT act but after the supreme court judicial review its null and void and its against the principle of Natural justice.
SHREYA SINGHAL VS UNION OF INDIA.
A devision bench of Supreme court consisting of justices J Chamleshwar and R.f Nariman decided on march 2015 to struck down sec 66A of Information Technology act 2000
(21 of 2000) as unconstitutional as it is voilative of Article 19(1)(a)related to freedom of speech and expressions. Now comments on social media networking sites will not be offensive unless they come under the provision of INDIAN PENAL CODE 1860.
Join our Social Feeds for Daily Quizzes & More Here.
Hacking and Cracking
A person who enjoys learning the details of computer systems and how to stretch their capabilities as opposed to most users of computers who prefer to learn only the minimum amount necessary.
One who programs enthusiastically or who enjoys programming rather than just theorizing about programming.
Hacking is simple words is interfering with and modifying programs so as to get them to do something different and what they were not created to do in the first instance, A person involved in hacking activities is usually called hacker.
Crime through mobile phone.
Mobile cyber defamation, Mobile pornography, identity theft, mobile cyber stalking is kind of mobile crimes, Mobile phone is used for the identity theft and criminal commit the crimes such as subscription fraud etc, using various communication devices.
Cyber Fraud and Cyber Cheating
Cyber fraud may be defined as a crime in which the perpetrator develops a scheme using one or more elements of the Internet to deprive a person of property or any interest estate or right but a false representation of a matter of fact, whether by providing misleading department Internet fraud refers to any type of scheme in which one or more internet elements are employed in order to put forth fraudulent solicitation to prospective victims to conduct fraudulent transactions or to transmit to proceeds of fraud to financial institutions or to others connected with the scheme.
E-MAIL related Crimes
EMAILS has fast emerged as the world’s most preffered form of communication. E-mail spoofing is the forgery of an email header so that the messages appear to have originated from someone or somewhere other than the actual source. Distributors of spam often use spoofing in an attempt to get recipients to open and possibily even respond to their solicitations. spoofing can be used legitimately.
E-COMMERCE and ONLINE BUSSINESS
E-commerce is the use of electronic networks to exchange information, products and services and payments for commercial and communication purposes between users(consumers)and businesses, bussines themselves, individual themselves within government .
This encompasses many kinds of activities and is not restricted to purchasing goods and services electronically.
How to safe from Cyber crime?
- Don’t share your OTP.
- Don’t share ATM or bank account details.
- Avoid downloading Email attachments.
- Don’t share your hotspot or Wi-Fi passwords.
- Use strong, unique passwords
- Encrypt and backup your most important data.
Conclusion
In present time cyber crime on peak just because of most of work is based on Internet. Online shopping, work from home, online classes many more activities. So the cases of cyber crime are increases day by day. Importance of cyber law is very necessary for all the peoples who are related to legal field or not. Due to digital work most of cyber crime is based on internet. So I want to say that all people gain knowledge about cyber law and use the law in present time situation, and keep safe from cyber crime follow the all points mentioned above.
Author Name
Miss Ghuncha Zaidi, daughter of Syed Talib Hasan zaidi from lucknow.
I am law graduate from unity law and degree college
0 Comments