Need For Cyber Law In India




India has an extremely detailed and well-defined legal system in place. Numerous laws have been enacted and implemented and the foremost amongst them is the Indian Constitution. We have inter alia, amongst others, the Indian Penal Code, Reserve Bank of India Act, 1934, the Companies Act, and so on. 

However the arrival of Internet signaled the beginning of the rise of new and complex legal issues in the country. It may be pertinent to mention that all the existing laws which place in India were enacted way back keeping in mind the situation of political, social, economic, and cultural scenario of that relevant time. Nobody can really visualize about the Internet.

Despite of the brilliant acumen of our draftsmen, master the requirements of cyber could hardly ever be anticipated. As such, the coming of the use of Internet led to the emergence of numerous types of legal issues and problems which necessitated the enactment of the Cyber laws in India.

In fact, the practical experience and the wisdom of judgments found that it shall not be without major perils and pitfalls, if the existing laws in India were to be interpreted in the scenario of emerging cyberspace, without enacting or enforcing  any new cyber laws.

Hence, the need for enactment of relevant cyber laws. For an example, the Internet is used by a large majority of the users for an email. But the problem is till today, email is not "legalized” in our country.

There is no law in the country, which gives legal validity to an email. The Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of an email in the absence of any particular specific laws having been enacted by the House of the People i.e., our Parliament and as such the need has arisen for Cyber law in India.

Well Internet requires a very good and supportive legal infrastructure which tunes with the time. This type of legal infrastructure can only be given after the enactment of the relevant Cyber Laws as the traditional laws which have failed to grant the same.

E-commerce, the biggest future of the 21stcentury Internet, can only be possible when the necessary legal infrastructure compliments the same to enable its vibrant growth and productivity.

Moreover this varied consideration creates a conducive atmosphere for the compulsion needs for enacting and enforcing the relevant cyber laws in the Country. 


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