Here is the crucial concept about the protocols in the cyber forensics’ world. There should be laws or else we know what happened to me! there is a cyber cell of people who loves to break cyber laws. Cyber laws should be taken very seriously as today nothing is secure if we do not keep them. All in all, it’s our responsibility to be smart enough, the cyber world is really scary! According to the Ministry of Electronics and Information Technology, Government of India: Cyber Laws yields legal recognition to electronic documents and a structure to support e-filing and e-commerce transactions and provides a legal structure to reduce. What is cyber law’s role in society and business? Cybercrimes embody fraud, forgery, concealment, theft, and totally different illegal activities performed via part and code, the net, and networks. Cyberlaw investigates crimes perpetrated at intervals in the physical world but enabled on the internet. as an example, group syndicates victimization information superhighway to distribute illegal substances may face prosecution to a lower place cyber law. In business, cyber law protects firms from unlawful access and thieving of their belongings. What is cyber law in several countries? whereas cyber crime impacts the worldwide community, the adoption of cybercrime legislation varies among countries. 72 % of states have cyber laws, 9/11 have draft legislation, and eighteen do not have any cyber laws, in step with 2019 information from the world organization. many nations develop new cyber laws as addenda to their current codes. Some countries amend their existing national codes with legislative language on cybercrime.
Let us discuss some acts of cyberlaw which are established in India
Parallel Provisions in the IPC and IT Act
Many of the cyber-crimes penalized by the IPC and the IT Act have the same ingredients and even nomenclature. Here are a few examples:
Hacking and Data Theft: Section 43,66 of the IT Act punish a variety of activities starting from hacking into a network, data theft, introducing and spreading viruses through pc networks, damaging pcs or pc networks or computer programmers, disrupting any pc or ADP system or network, denying a licensed person access to a pc or network, damaging or destroying data residing during a pc, etc. the most penalty for the on top of offenses is imprisonment of up to three (three) years or a fine of Rs. 5,00,000 (Rupees 5 lac) or each. Section 378 of the IPC regarding “theft” of movable property can apply to the thieving of any information, online or otherwise since section twenty-two of the IPC states that the words “movable property” are meant to incorporate corporeal property of each description, except land and things hooked up to the world or for good mounted to something that is hooked up to the world. the most penalty for thieving below section 378 of the IPC is imprisonment of up to three (three) years or a fine or each. Section 424 of the IPC states that “whoever venally or fraudulently conceals or removes any property of himself or the other person, or venally or fraudulently assists within the concealment or removal thence, or venally releases any demand or claim to that he’s entitled, shall be disciplined with imprisonment of either description1 for a term which can be a pair of (two) years, or with fine, or with each.” This aforesaid section also will apply to information thieving. the most penalty below section 424 is imprisonment of up to a pair of (two) years or a fine or each. Section 425 of the IPC deals with mischief and states that “whoever with intent to cause, or knowing that he’s possible to cause, wrongful loss or harm to the general public or to somebody, causes the destruction of any property, or any such amendment in any property or within the state of affairs thence as destroys or diminishes its price or utility, or affects it injuriously, commits mischief”. unneeded to mention, damaging ADP systems and even denying access to a pc system can fall at intervals the said section 425 of the IPC. the most penalty for mischief as per section 426 of the IPC is imprisonment of up to three (three) months or a fine or each.
The conflict between the IPC and the IT Act:
In the case of Gagan Harsh Sharma v. The State of Maharashtra, certain individuals were accused of theft of data and software from their employer and charged under sections 408 and 420 of the IPC and under sections 43, 65, and 66 of the IT Act. All these sections, other than section 408 of the IPC, have been discussed above. Section 408 of the IPC deals with criminal breach of trust by clerk or servant and states that “whoever, being a clerk or servant or employed as a clerk or servant and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”.
Discussing the fact, cybersecurity is the need of an hour at the end of everything is computerized so without the knowledge of cyber forensics and its laws it is a threat to our life indirectly. Though not all people are victims of cybercrimes, they are still at risk. Crimes by computer vary, and they do not always occur behind the computer, but they executed by a computer. The hacker’s identity is ranged from 12 years young to 67years old. The hacker could live three continents away from its victim, and they would not even know they were being hacked. Crimes done behind the computer are the 21st century’s problem. With the technology increasing, criminals do not have to rob banks, nor do they have to be outside in order to commit any crime. They have everything they need on their lap. Their weapons are not gunning anymore; they attack with mouse cursors and passwords. So, it's high time to get educated not for the people but for ourselves, it’s kind of our duty towards the wellbeing of the society.