The latest cyber law book by Pavan Duggal is titled ‘Cyber Law-The Indian Perspective.’ Mr. Pavan Duggal is a highly respected, well known Supreme Court advocate, with tremendous expertise in the field of cyber law and e-commerce law. Mr. Duggal is the president of India’s first ever cyber law consultancy, Cyberlaws.net. He also heads the Cyberlaw Asia. This eminent author is also associated with the Ministry of Communication and Information Technology on legal issues pertaining to electronic governance and cyber law.
Electronic transactions in India are governed by the Cyber Law of India. However, the Information Technology Act is not an ultimate legislation for electronic transactions. The formations of contacts are still governed by the Contract Act. This includes electronic contracts. However, these two Acts complement each other.
The immense reach of cyber space has made it difficult to define the jurisdiction of cyber laws. The dispute caused by the breach of a contract, falls under the purview of the legislation of the place of contract formation. The court’s jurisdiction in such a dispute is determined by the place of conclusion of the contract.
The Indian government has developed and implemented the Information Technology (IT) Act, which addresses the issues of cyber transactions and cyber crimes in India. The cyber activities pertaining to e-commerce and e-governance in India are also governed by the cyber laws that are enacted by the government of India.
In cyber law, the term ‘unauthorized access’ pertains to an act of accessing or entering into memory functions resources of a computer, computer system or computer network in an unauthorized way. This falls in the category of a serious form of cyber crime. Cyber criminals often gain illegal entry into computer system and network of others without their knowledge to commit crimes such as frauds, theft, defamation and mischief.
Cyber crimes are criminal activities executed on the Internet by means of a computer. Cyber crimes include various unethical activities on the Internet, such as unauthorized access to computer networks, email bombing, denial of service attack and virus attacks. Indian laws are becoming strict on tracking down cyber crimes as it is understood now that a smart hacker can cause more damage with a keyboard than with a deadly weapon.
India is a secure haven for cyber criminals, given the dismal track record of cyber law enforcement in the country. The Indian Judiciary system also finds it difficult to convict sophisticated cyber criminals because of the lack of adequate and effective cyber law. The government of India should reappraise the existing weak cyber law situation and set up tribunals that can expedite justice delivery and deter cyber criminals.
The Indian judiciary is supported by a network of courts that are located across its states. This comprises of nearly 15, 000 courts spread throughout the country. The concept of E-courts was proposed to overcome many legal and judicial problems of India. The project aims for establishing hardware, software and networking technologies to regulate day to day functioning of courts. Are you wondering what this means? Simply put, the significant functions of a court, such as filing and registration of cases, case work flow, orders and judgments will be done with the help of information technologies. The status of a case, orders, judgments, verdicts will be available 24 hours on the web, which will be accessible easily to advocates and general public.
As computer and the Internet are fast becoming inevitable parts of our lives, so are stories of their misuse, amounting to cyber crimes. Cyber terrorism is one of the latest problems faced by the Internet users worldwide and which amount of violation of the laws of the land. Butter overflow is one such problem.
Information Technology is one of the fastest growing industries in India, with the Internet completely revolutionizing the way we get information. However, regardless of the positives, the Internet is serving as a breeding ground for cyber crimes. One of the menacing problems spurred by the Internet growth is the infringement of copyright. Copyright infringement or copyright violation is the unauthorized use of works that are exclusive rights of the original copyright holder.