Importance of Cyber Law In India

The computer-generated world of internet is known as cyberspace and the laws prevailing this area are known as Cyber laws and all the users of this space come under the ambit of these laws as it carries a kind of worldwide jurisdiction. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet.

The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce. All these governing mechanisms and legal structures come within the domain of Cyber law.

Cyber Laws in India prevent any crime done using technology, where a computer is a tool for cybercrime. The laws for cybercrime protects citizens from dispensing sensitive information to a stranger online. Ever since the introduction to cyber laws in India happened, IT Act 2000 was enacted and amended in 2008 covering different types of crimes under cyber law in India. The Act explains the types of cybercrime and punishment.

Cyberlaw in India is not a separate legal framework. Its a combination of Contract, Intellectual property, Data protection, and privacy laws. With the Computer and internet taking over every aspect of our life, there was a need for strong cyber law. Cyber laws supervise the digital circulation of information, software, information security, e-commerce, and monetary transactions.

The Information Technology Act, 2000 addresses the gamut of new-age crimes. Computer technology, mobile devices, software, and the internet are both medium and target of such crimes.

All Traditional criminal activities are such as theft, fraud, forgery, defamation, and mischief are part of cyberspace. These were addressed in the Indian Penal Code already.

Table of Content: 

  1. Importance of Cyber Law in India
  2. Types of Cyber Crimes
  3. Evolution of Cyber Law in India
  4. ​​The Need for Cyber Laws
  5. What is the Information Technology Act, 2000?
  6. How to Prevent Cyber Crime?
  7. Frequently Asked Questions

Strong cyber Law was needed to address:

  • Cyber Crimes
  • Electronic and Digital Signatures
  • Intellectual property
  • Data Protection and Privacy

Importance of Cyber Law in India

Cyber laws in India or cybercrime law in India are important because of the prime reason that cybercrime act in India encompasses and covers all the aspects which occur on or with the internet -transactions, and activities which concern the internet and cyberspace.

“The Cyber Laws in India has paved the way for electronic commerce and electronic governance in the country by ensuring maximum connectivity and minimum cybersecurity risks. Also, enhancing the scope and expanding the use of digital mediums,” 

Types of Cyber Crimes

Different types of cybercrimes have different punishments in India.

  • HiIdentity theft – When personal information of a person is stolen with the purpose of using their financial resources or to take a loan orcredit card in their name then such a crime is known as Identity theft.
  • Cyberterrorism – When a threat of extortion or any kind of harm is being subjected towards a person, organization, group or state, it is known as the crime of Cyber Terrorism. Generally, it includes the well-planned attack strategies on the Government and corporate computer system.
  • Cyberbullying – When a teenager or adolescent harasses,defames, or intimidates someone with the use of the internet, phone, chat rooms, instant messaging or any other social network then the person is said to be committing the crime ofCyberbullying. When the same crime is done by adults it is known asCyberstalking.
  • Hacking – The most common cybercrime isHacking. In this crime, the person gets access to other people’s computers and passwords to use it for their own wrongful gain.
  • Defamation – While every individual has his or her right to speech on internet platforms as well, but if their statements cross a line and harm the reputation of any individual or organization, then they can be charged with the Defamation Law.
  • Copyright – With the massive surge in internet users, when the data/ information is distributed on all platforms, copyrighting your work aids you to restrict the use of your work. Any use of your copyrighted without your permission is a punishable offence.
  • Trade Secrets – Internet organization spends a lot of their time and money in developing softwares, applications, and tools and rely on Cyber Laws to protect their data and trade secrets against theft; doing which is a punishable offence.
  • Freedom of Speech – When it comes to the internet, there is a very thin line between freedom of speech and being a cyber-offender. As freedom of speech enables individuals to speak their mind, cyber law refrains obscenity and crassness over the web.
  • Harassment and Stalking– Harassment and stalking are prohibited over internet platforms as well. Cyber laws protect the victims and prosecute the offender against this offence.

#internet #crime

Unwanted Arrest and Human Rights.

All human beings are born free and equal in dignity and rights”

All people in general have the right to enjoy respect for his or her liberty and security.
It is axiomatic that, without an efficient guarantee of the freedom and security of the
human person, the protection of other individual rights becomes increasingly vulnerable and sometimes illusory. Yet, as is evidenced by the work of the international monitoring organs, arrests and detentions without reasonable cause, and without there being any effective legal remedies available to the victims concerned, are commonplace.

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IMPORTANT RIGHTS OF AN ARRESTED PERSON

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1. WHEN POLICE IS ARRESTING WITHOUT WARRANT

Under Section 41 of CrPC wide powers are conferred on police to arrest, mainly in cognizable offences, without having to travel to Magistrate for obtaining warrant of arrest. There will be no legal arrest if there is no information or reasonable suspicion that the person has been involved in a very cognizable offence or commits offence(s), specified in Section 41.

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2. ARREST HOW MADE

Section 46 of CrPC envisages modes of arrest i.e. ,Where a woman is to be arrested, unless the police officer could be a female, the police officer shall not touch the person of the woman for making an arrest and arrest would be presumed on her submission to custody on oral intimation. After sunset and before sunrise, no woman will be arrested.

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3.PERSON ARRESTED TO BE INFORMED OF THE RIGHT TO BAIL

Section 50(2) of CrPC provides that a person arrested without warrant shall be immediately informed of the grounds of his arrest, and if the arrest is made in a very bailable case, the person shall be informed of his right to be released on bails.

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4.MEDICAL EXAMINATION OF ARRESTED PERSON

Section 54 of CrPC provides for compulsory medical examination by a medical officer in service of central or authorities, or by registered medical practitioner, upon non-availability of such medical officer. Female arrestees can only be examined by female medical officer or registered medical practitioner.

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5.PERSON ARRESTED NOT TO BE DETAINED MORE THAN 24 HOURS

The constitutional and legal requirements to produce an arrested person before a Judicial Magistrate within 24 hours of the arrest must be scrupulously observed.

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6.RIGHT TO FREE LEGAL AID

While after the arrest, a person shall have the right to consult and to be defended by a counsel of his choice; arrestee shall be entitled to free legal aid.

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𝑺𝒐𝒖𝒕𝒉 𝑲𝒐𝒓𝒆𝒂 🇰🇷💜

“This is where my Seoul belongs.”

South Korea

OFFICIAL NAME
Taehan Min’guk (Republic of Korea)

“Flag of South Korea”

HEAD OF STATE AND GOVERNMENT
President: Moon Jae-In, assisted by Prime Minister: Chung Sye-Kyun

“President of South Korea”

CAPITAL : Seoul

OFFICE LANGUAGE : Korean

POPULATION
(2019 est.) 51,966,000

POPULATION RANK
(2019) 27

LITERACY: More than 95% can read and write

Where is South Korea? – South Korea Map

South Korea is located in Eastern Asia and sits on the southern half of the Korean peninsula. The only land borders are with North Korea with which South Korea shares the Korean peninsula.

South Korea Map

South Korea is one of the most technologically advanced countries and the educational standards are high.

Below you see a photo of Incheon, which is the third populous city in South Korea. The city’s international airport is the largest in South Korea and one of the busiest transport hubs in Asia.

Incheon Central Park”

South Korea experiences a temperate climate with cold winters and mild summers with often heavy rainfalls

What is South Korea famous for?

1. South Korea is world-famous for its exciting music culture. K-pop is not only a music genre, it’s part of Korean culture that captures people all over Asia and the world.

“BTS” Korean boy band group, The first k-pop group to speak at The United Nations,Word’s Guiness book record holder for “The Most Watched Music Video on YouTube”

2. Cosmetic Surgery

3. It’s Heaven for tech junkies.

4. One of the biggest economy in the world

Things you should never do in South Korea

1. Speak loudly in public

2. Never use one hand to give or receive things, Always use both hands.

3. Don’t drink while front facing elders

4. Do not throw toilet papers in toilet

5. Don’t leave you chopsticks stuck in rice.

DID YOU KNOW?

Male citizens 18-35 years old are required to complete at least 21 months of military service.

Babies are considered one year old at birth in South Korea

ORGANISATIONAL BEHAVIOR AT AMAZON

Amazon, is an American multinational technology company based in Seattle (seaport city on the west coast of United States), with 750,000 employees. It focuses on e-commercecloud computingdigital streaming, and artificial intelligence. It is considered one of the Big Four tech companies, along with GoogleApple, and Microsoft. It’s been referred to as “one of the most influential economic and cultural forces in the world.”

ORGANISATIONAL BEHAVIOUR

Organizational behavior is the study of both group and individual performance and activity within an organization.

This area of study examines human behavior in a work environment and determines its impact on job structure, performance, communication, motivation, leadership, etc.

It is the systematic study and application of knowledge about how individuals and groups act within the organizations where they work. OB draws from other disciplines to create a unique field.

For example, when we review topics such as personality and motivation, we will again review studies from the field of psychology. The topic of team processes relies heavily on the field of sociology.

ORGANISATIONAL BEHAVIOUR AT AMAZON

Amazon.com Inc. has an organizational culture that enables business capacity to respond to the demands of the e-commerce market. A company’s organizational or corporate culture sets the traditions and values that influence employees’ behaviors. For example, Amazon’s corporate culture pushes employees to go beyond traditional limits and conventions to develop bright ideas and solutions. As the world’s top-performing online retailer, the company continues to seek fresh talent. However, to maintain a capable workforce, Amazon must reinforce its organizational culture to shape the development of human resources for long-term competitive advantage.

DIVERSITY AND INCLUSION AT AMAZON

Amazon’s mission is to be the earth’s most customer-centric company, and this mission is central to our work in diversity and inclusion.

Diverse and inclusive teams have a positive impact on our products and services, and help us better serve customers, selling partners, content creators, employees, and community stakeholders from every background. We are constantly learning and iterating, whether through central programs or work within our business teams, through programs that are local, regional, and global.

REVIEWS OF AMAZON’S EMPLOYEES

I Researched on how the employees personally feels working at Amazon

ADVANTAGES THEY GET

So the Pros or Advantages that the employees feels they get working with Amazon are:

  1. Good Scope Of Growth
  2. Job Satisfaction
  3. Salary increases after every 6 months
  4. Compensation for IT
  5. THEY gets free Beverages
  6. They ensures all safety measures

DISADVANTAGES THEY GET

1 .They don’t get short breaks

2. Their managers are moody

3.They get repetitive work

4. Some employees feels location problem,distance is too long

5. Favourism

6. Workload

7. Very competitive work process (U can either shine or get stumbled by someone else

8.Not suitable for people lack of patience

9.Career growth inside the company has slowed down and for this reason many Employees left

The Indian Legal Legend: Fali S Nariman

An Indian Constitutional jurist, a senior advocate in Supreme Court since 1971, and known as an Indian ‘Legal Legend’. Fali Sam Nariman was born on 10th January 1929, in Rangoon, in a Parsi family, to Sam Bariyamji Nariman and Banoo Nariman. He had completed his schooling from, Bishop Cotton School, Shimla, and then went to St. Xavier College, Mumbai (then Bombay), from where he completed his B.A. (Hons.) in Economics and History.

After his graduation his father wanted him to sit in the Indian Civil Service Examination, but as he couldn’t afford it at that time so Fali chose law as his last option as a career and went to Government Law College, Bombay. In 1950, he stands first in the Advocate’s Examination and was awarded by the Kinlock Forbes Gold Medal and Prize for Roman law and Jurisprudence. Nariman started his law career as an advocate in Bombay High Court, where he practiced for 22 years and after that in 1971 was appointed as a senior advocate in the Hon’ble Supreme Court. Fali Sam Nariman had considered his senior’s senior, Jamsetjee Kanga as his mentor and said that he was like the father for him, Jamsetjee Kanga died at the age of 93 but he made him much inspired when at the age of 92 he told him that, he is still learning the law.

Nariman played an important role in the development of the Indian Constitutional Law, as he is India’s one of the most eminent constitutional lawyer and has argued many cases related to it. He remained the Additional Solicitor General from May 1972 and resigned from the post on 26th June 1975 at the time of emergency in the country. It happened then in 1999, that President Kocheril Raman Narayan, chose him as the member of the Rajya Sabha and he served for the period of full six years till 2005.

If we look upon the timeline of all his works and memberships then since1988 he remained the honorary member of the International Commission of Jurist and member of the London Court of the International Arbitration. In 1989, he has been selected as the Vice Chairman of the Internal Court of the Arbitration of the International Chamber of Commerce and in 1991 he was the President of Bar Association of India. In the year 1994, he served as the President of the International Council for Commercial Arbitration. Not only this, but he was also appointed to the United Nations Conference on Trade and Development in November 1999 and served as the Chairman of the Executive Committee of the International Commission of Jurist from 1995 to 1997.   

Nariman argued several cases in his career, in many he won and in many he lose, but as the time passes and shows us the reality, then it also makes us realize that how wrong we were in our decisions and makes us regret of them, in the same way, he also regrets his decisions in some of his cases. Nariman fought many major cases like Bhopal Gas Tragedy Case, Golak Nath Case, S P Gupta Case and TMA Pie Case which played an important role in marking the history and landmark decisions in the legal world of the Indian Constitution.

The contribution which was made by him in these cases has given a new way of functioning of the Indian Judiciary. The major changes which had been taken in the judiciary were regarding the appointment of judges.  He has also written various books on Indian legal and judiciary systems like  God save the Hon’ble supreme Court, India Legal System, Commentary on the Arbitration and Conciliation Act and also written his autobiography Before Memory Fades: An Autobiography.

He was been awarded by the Padma Bhushan in 1991, Padma Vibhushan in 2007 and the second-highest civilian award Gruber Prize for Justice in 2002. Also, he has been awarded the 19th Lal Bahadur Shastri National Award for excellence in Public Administration in the year 2018.