Justice KG Balakrishnan, Chief Justice of India, who inaugurated the CRAT court room recently, said during the inauguration that the increase of computers pose question for legal system. Union Law Minister of India Dr. M Veerappa Moily has opined that he would like to see more Acts to deal with the increasing volume and variety of cybercrimes. In December 2009, Government amended IT Act 2000, which was mainly intended to give legal recognition to e-commerce, including electronic filing of documents. It is only chapter 11 of the said Act that covers a few offences relating to use and abuse of computer system which invites penalty of fine or imprisonment or both. While other developed states for e.g. USA has several Acts including the Computer Fraud and Abuse Act, Computer Misuse Act, Electronic Fund Transfer Act and Child Online Protection Act. We require well defined laws to deal with the fast emerging issues of cyber crimes in future. Present Indian Penal Codes are quite helpful in tackling IT related offences, but that may not be enough,
Information Technology Act 2000 of India addresses some basic aspects such as legal recognition of electronic cards and digital signature for the purpose of entering in to contract. There are grey areas in forming contract in cyberspace. We are still trying to apply the Indian Contract Act 1872 in the contract entered through Internet. Of course there are some provisions in IT Act 2000, but those are not sufficient to deal with cyber contracts.
Justice Rajesh Tandon the would be presiding officer of CRAT ( first cyber court room ) in India very rightly expressed concern to organize an international conference for the enforcement of cyber laws as most of the cyber crimes originate outside the country.
Probably the next world war would be fought in cyber space. Cyber terrorist and Mafias are emerging, whose activities are growing to threaten the sovereignty of India and the world over. Terrorists often take over us in the cyber space, which is a product of technical innovation. This we can only prevent by putting proper regulation everywhere.An appellate tribunal at national level and cyber courts in various states will also be established soon.
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.kls.ac.in, www.technolexindia.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281