Cybercrime Regulation through Laws and Strategies: a Glimpse into the Indian Experience

Regulamentação do crime cibernético por meio de leis e estratégias: um vislumbre da experiência Indiana

Abstract

Cybercrimes in India is increasing at an alarming rate. Though various legal provisions under the conventional criminal laws including form the Indian Penal Code, could be used to regulate the cybercrimes, yet the changing nature of these crimes necessitated adoption of a new law framework. Thus, the Indian Information Technology Act was enacted in 2000 but seldom could regulate cybercrimes since it focused on promoting and facilitating e-commerce and e-governance. This Act underwent amendment in 2008 to accommodate provisions essential to regulate cybercrimes as well as protect data and privacy on cyber space. In addition to the law, other strategies were designed and adopted to better regulate cyber offences including announcing cyber security policies, constituting institutions to take care of certain concerns including those relating to critical infrastructure information, etc. This paper aims to provide an overview of the approach adopted in India primarily the legal approach adopted to regulate cybercrimes. Additionally, other strategies adopted by India is also reviewed in brief. Despite these, since cybercrimes are technical as well as dynamic in nature, there is a need to constantly review and revise nation’s strategies, which is also one of the objects of this paper.