ARTICLE ON CYBER LAW

ABSTRACT
Nowadays, everyone is heading into the realm of digitization and networking,
which, without a question, has a diverse benefit in our daily lives. Digitalisation
is sweeping the planet in both good and terrible ways. On the one hand,
technology assists people in their daily lives; on the other hand, it gives birth to
a new criminal tactic known as cybercrime. India has the highest rate of
cybercrime in the world. A study was carried out from November to December
2021. With 76% of internet users having experienced cybercrime, India has the
highest percentage. The government requires laws and orders to prevent such
crimes from occurring.
"Many cybersecurity laws are primarily determined by each country's territorial
extent." The penalties also vary depending on the offense committed, ranging
from fines to imprisonment." National Cyber Security Policy, IT Act of 2000.
The Information Technology Act of 2000, the National Cyber Security Policy of
2013, or any other guidelines in India do not define cybercrime. As a result, to
characterize digital wrongdoing, one can simply state it is a combination of
wrongdoing and PC.

INTRODUCTION
A general definition of cyber law is a complete set of rules that deal with the
web, PC frameworks, the internet, and any issues related to the internet or data
innovation. Internet regulation encompasses a wide range of topics, including
sections of contract regulation, security rules, and protected innovation
legislation. It manages the electronic distribution of programs, data, information
security, and electronic commerce. Under digital legislation, e-archives are
legitimately acknowledged. Furthermore, the framework provides a design for
electronic commerce exchanges and electronic structural documentation.
Simply put, regulatory arrangements with digital wrongdoings. As the web-
based business has grown in popularity, it has become critical to ensure that
adequate procedures are in place to prevent acts of negligence.
The internet is the computer-created cosmos of the web, and the policies that
govern or are now in effect in this area are known as digital regulations or IT
regulations. Because these rules have a broad application, all users of this
website rely on them.
Many cybersecurity rules are mostly determined by each country's territorial
extension. The penalties also vary depending on the offense committed, ranging
from fines to imprisonment. National Cyber Security Policy, IT Act of 2000.
The Information Technology Act of 2000, the National Cyber Security Policy of
2013, or any other guidelines in India do not define cybercrime. "The modern
thief steals with a computer rather than a sword." The terrorist of the future may
be able to cause more damage with a keyboard than a bomb."

Cyber fraud is a type of cybercrime that involves using the internet to provide
false information in order to obtain money or property from his victim. Cyber
fraud encompasses a wide range of crimes conducted over the internet. That
differs from stealing in that the victim is used as a ruse by the criminal to obtain
information regarding money or property. The most prevalent cyber scams that
result in the victim's loss of information or financial assets include hacking,
phishing, and identity theft. In recent years, individuals and organizations have
had to be equally alert of both insiders and outsiders for fraud.

Different Categories Of Cyber Crime

1. Cybercrime Against Persons

 “Cyber stalking”
Cyberstalking is a crime in which someone annoys or stalks a victim by
electronic or computerized means such as virtual entertainment, email, texting
(IM), or messages delivered during a conversation gathering or debate.

 “Impersonation”
Whoever imitates or attempts to imitate someone else in any situation, true or
fictitious, by providing false segment data or biometric data.
  “Loss of privacy”
Privacy is about more than just hiding things; it is also about controlling who
the rest of the world thinks they are. Individuals might suffer serious
consequences from loss of privacy, ranging from shame to identity theft.

 “Transmission of obscene material”

Transmission and dissemination of pornographic content via electronic means.

2. Cybercrime Against Property

 “Unauthorized computer trespassing”

Computer trespass is defined as gaining access to a computer without valid
authorization and obtaining financial data from an office or organization
from any secured computer. Each state has its own computer intrusion
regulations, but they all reflect the government Act in some form.
 “Computer vandalism”
Vandalism in cybercrime is known as cybervandalism, and its objective,
like vandalism in real life, is to be harmful. Investigate cybervandalism as
a crime and learn about the various types of cybervandalism and its
features.

 “Transmission of harmful programmes”

They are distributed by email attachments, malicious code on dubious
websites, or portable devices such as blaze drives. These infections are
carried out by cybercriminals for a variety of reasons.

 “Siphoning of funds from financial institutions”

Cybercriminals frequently exploit the tactic of siphoning money through
phone calls. As the cybercriminal appears as a bank official, naive
individuals frequently make the mistake of disclosing vital banking
information over the phone.
  “Stealing secret information & data.”
Data theft, often known as information theft, is the unauthorized trade or
transfer of personal, private, or monetary information. Passwords,
computer code or calculations, and limiting cycles or advances could all
be included.

Importance And Need For Strict Cyber Laws In India

Nowadays, everyone is heading into the realm of digitization and networking,

which, without a question, has a diverse benefit in our daily lives. Digitalisation
is transforming the world in both positive and negative ways. On the one hand,
it helps people in their daily lives, but it also gives birth to a new criminal tactic
known as cybercrime. India has the highest rate of cybercrime in the world. A
study was carried out from November to December 2021. India has the highest
number of internet users who have experienced cybercrime, at 76%, and we
need cyber law to prevent such crimes from occurring.

 In today's highly digitalized society, digital regulation affects nearly

everyone.

 In practice, all share markets follow a demand structure.

 Almost every firm relies on their PC and stores essential information in

an electronic framework.

 Currently, government structures, such as personal cost forms and

organizational regulation structures, are filled in electronic format.

 Buyers are increasingly using credit/charge cards to make purchases.

 Many people communicate by email, phone calls, and SMS texts.

 Indeed, even in "non-digital wrongdoing" cases, important evidence is

found in PCs/phones, such as homicide, separation, seizure, tax evasion,
coordinated wrongdoing, militant psychological actions, and phony
money.
  Web-based financial fraud, online offer exchanging misrepresentation,
source code robbery, Visa extortion, tax evasion, infection assaults, digital
damage, phishing assaults, email capturing, disavowal of administration,
hacking, and porn are all examples of cybercrime.

 Computerized markings and e-contracts are rapidly supplanting

traditional methods of conducting business. Cyber law affects practically
everyone in today's highly digitalized environment.

CYBER LAWS IN INDIA

“In India, cyber laws are contained in the Information Technology Act, 2000
(“IT Act”), which came into force on October 17, 2000.” The fundamental goal
of the Act is to legalize electronic trade and make it easier to file electronic
records with the government.

Even with the best understanding and broad-minded interpenetration, India's

currency regulations could not be construed in the light of approaching
cyberspace to gain all things relating to diverse activities in cyberspace. The
functional experience and judgment understanding discovered that it will not be
without significant dangers and entanglements if the current regulations are
deciphered in the condition of emerging cyberspace without ordering new cyber
regulations. As a result, extensive cyber restrictions must be authorized.

None of the current regulations provided real authority or sanction for

cyberspace exercises. For example, an increasing proportion of email clients use
the internet. However, email is still not considered "lawful" in our country.
There is no law in the country that grants legal authority or approval to email.
Our courts and legal executives have been unwilling to provide legal
recognition of the validity of email without any specific regulation being
enacted by Parliament, as is required for Cyber legislation.

CYBER CRIME CASES IN INDIA7D

THE BANK NSP CASE

In this instance, bank management trainees were married. "The pair had been
exchanging letters on the company's computers." They had divorced after a
while, and the lady created a bogus email address like "Indian bar
organizations," and mail was sent to overseas consumers." She sent these emails
using the bank's computer. As a result, large consumers are lost. The bank was
deemed responsible for the emails.
AVNISH BAJAJ V. STATE (N.C.T.) OF DELHI

"The CEO of Bazee.com was arrested as a result of the offensive content on

their website." The CD was also available for purchase on the market." The
CEO was arrested by Mumbai and Delhi police, but he was released on bail.
This begs the question of who has the duty and responsibility: the Internet
service provider or the content supplier.

ANDHRA PRADESH TAX CASE

"The plastics firm's owner in Andhra Pradesh was arrested, and the Vigilance
Department seized 22 crore rupees in cash from his home." Thus, to
demonstrate the legitimacy of the trade, the defendant gave 6000 vouchers,
which were scrutinized with the documents and computer, but it was discovered
after inspection that the defendant was running five other firms and made those
6000 vouchers after the raid. So the State businessman's dubious techniques
were exposed when department officials used the accused's computers.

CONCLUSION

Cyber legislation, in my opinion, is critical in combating cybercrime. It is

attempting to safeguard citizens against cybercrime through legislation and
public education.
However, a wrongdoing-free society is wonderful and exists only in deceit;
there should be a continual effort of rules to maintain the guilt to a minimum. In
a society that is increasingly dependent on technology, misbehavior as a result
of electronic lawbreaking will surely increase, and legislators must outperform
all expectations in order to keep the frauds under control.

In general, innovation is a two-sided coin that can be used for both good and
evil. Steganography, Trojan Horse, Scavenging (and even Dos or DDoS) are
innovations and, in essence, not violations; however, when they fall into the
hands of some undesirable individuals with a malicious intent who are on a
mission to take advantage of or abuse them, they enter the realm of digital
wrongdoing and become culpable offenses.