Indian Cyber Laws

Introduction:

What is Cyber Law? In order to arrive at an acceptable definition of the term Cyber Law. We must first understand the meaning of the term law.

 Law encompasses the rules of conduct:

-that have been approved by the government and,

-which are in force over a certain territory and,

-which must be obeyed by all persons on that territory. Violation of these rules will lead to government action such as imprisonment or fine or an order to pay compensation.

The term cyber or cyberspace has today come to signify everything related to computers, and the internet including:

Algorithms	Apps	Artificial intelligence	Bitcoin &other crypto-currencies
Block chain	Blogs	Cloud Computing	Computer Databases
Computer Software	Cookies	Credit, debit &cash cards	Cryptography
Cyber Crime	Cyber Crime investigation	Cyber Forensics	Cyber Security
Cyber Terrorism	Cyber Warfare	Dark web	Data breaches
Digital Evidence	Domain Names	Drones and UAV’s	E-Courts
E-governance	E-tenders	Ecommerce	Electronic Contracts
Electronic Payment Systems	Electronic Voting machines	Email	Hacking- Whitehat, grayhat, blackhat
Hactivism	Internet of things	Malware	Mobile Wallets
Smart Homes	Software Licenses	Source code	Video conferencing
Web hosting	Website policies	Cheque and cheque Truncation  in the electronic form

Thus, a simplified definition of " Cyber law is that is the Law governing cyber space".

Indian cyber Laws:

1.     Information Technology Act, 2000

2.     Bhartiya Nyay Sahinta, 2023 (provision document or electronic record)

3.     Bhartiya Sakshya Adhiniyam,2023 (provision digital evidence)

4.     Bhartiya Nagrik Surkshya Sahinta,2023 

5.     The Bankers Book Evidence Act,1891

6.     Civil Procedure Code, 1908

7.   Payment and Settlement Systems Act,2007

8.    Negotiable Instruments (Amendments and miscellaneous Provisions) Act,2002  (Only provision apply for electronic cheque and truncated cheques)

 Cyber Laws is  having judicial framework and Quasi-judicial framework.

1, Judicial Framework for Cyber Law  in India:

     JMSC-JMFC-CJM-ASC/SC-HC- SC

2. Quasi-Judicial Framework for Cyber Law in India:

Adjudicating Controller officer –Telecom Disputes Settlement and Appellate Tribunal- HC- SC

Power to investigate offences:

1. As per the Information Technology Act Section 78 and Section 80 : Notwithstanding anything contained in the Code of Criminal Procedure 1973 or BNSS a Police officer not below the rank of Inspector shall investigate any offence defined under Chapter XI of  Information Technology Act .

2. As per the Information Technology Act Section 28 empowers the following to investigate any contravention of the Act and allied rules and regulations:

1.     The Controller

2.     Any officer authorize by the Controller.

3. Rule 4(1) of the Information Technology (Qualification and Exp, of AO) rules, 2003 authorizes the Adjudication Officer to get a matter or report investigated from:

1. An officer in the Office of Controller or

2. CERT-IN or

3. the concerned  Police Inspector.......