CHANDU YADAV V and UDHAY KUMAR S

RESEARCH TOPIC:
CYBER IN DIGITAL SOCIETY: INDIAN PERSPECTIVE

KLE SOCIETY’S LAW COLLEGE, BENGALURU

03FL23BLL129@klelawcollege.edu.in
03FL23BLL116@klelawcollege.edu.in

1. ABSTRACT
2. INTRODUCTION
3. RESEARCH
4. ANALYSIS
5. CONCLUSION

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ABSTRACT:
The integration of cyberspace into human life has brought forth numerous opportunities in
areas like knowledge, employment, social connections, and awareness. However, it also
introduces new challenges. This research delves into the cyber security measures within the
Indian Legal System and on the international stage. Examining the contributions of Indian
judiciary and committee reports, the paper sheds light on the evolving dimension of cyber
security law. The author employs a doctrinal methodology and gathers data from the Ministry
of the government.

KEYWORDS: Cyber Security, Cyber Space, International Regulations, Judicial Decisions,

Schemes.

INTRODUCTION:
Cyberspace has become an integral part of human life, contributing to development, progress,
and knowledge. Simultaneously, it has given rise to crimes related to computers and
technology. In 2020, cyber security cases surged by 1.16 million, a threefold increase from
2019, according to government data presented in parliament. This global trend, including the
United States, underscores the urgency of addressing cyber security issues. This research
focuses on cyber security law in India, examining legislative responses and societal
implications. While the Ministry of Home Affairs issues guidelines, a lack of awareness
hampers the effectiveness of the cyber security system. The research explores international
strategic plans to combat cybercrime and evaluates the formulation of cyber security laws in
India. Judicial interventions and their impact on creating new cybercrime laws are also
scrutinized.

The paper aims to identify specific laws related to cyber security, analyze constitutional
safeguards, study legislative responses and government policies, and examine case laws
pertaining to cyber security in India. Adopting a Doctrinal Research Methodology, the author
utilizes legal documents and data collected from various sources.

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In summary, this research seeks to unravel the complexities of cyber security laws in India,
addressing challenges and gaps in the current legal framework while exploring the role of the
judiciary and government in shaping effective cyber security policies.

Ministry of Home Affairs, Case Studies, Legislation, and Journals: Secondary Data.

NOTION OF CYBER SECURITY:

The essence of security is fundamental to freedom, intertwined with the evolution of human
rights and the responsibilities of a sovereign society. Within this, the prevention of
cybercrime stands as an often overlooked principle of security. While the Indian Constitution
guarantees freedom of speech and expression, including the right to access information
through communication technology, these rights are not absolute. Article 19(2) outlines eight
reasonable restrictions on these freedoms, acknowledging that freedom of speech is the
bedrock of democracy. Therefore, cyber activities, such as cyber speech and communication,
find protection and limitation under the Indian constitution.

The concept of security extends to safeguarding individuals, a responsibility the state holds
paramount. Jeremy Bentham's assertion that every legal system ensures equality, liberty, and
protection emphasizes the centrality of security. In the democratic and welfare state, cyber
security emerges as a contemporary task and government liability. The notion of security is
closely tied to cyber security law, given the violation of human rights like privacy, dignity,
faith, and access to accurate information through cybercrime.

Cyber security law is not a novel concept; it has evolved with advancing technology.
Germany, in 1970, passed the Data Protection Act, marking an early legislative response to
computer-related issues. In post-independent India, the Information Technology Act of 2000
addressed cyber security concerns. While the Indian Penal Code and the Constitution dealt
with cybercrime matters, the lack of a dedicated law led to ineffective remedies for victims.

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The Information Technology Act, however, brings transparency to cyberspace and addresses
security concerns related to cybercrime.

The Ministry of Home Affairs has launched numerous schemes to protect human rights,
foster a healthy cyberspace, and enhance computer-related safety. In 2017, the establishment
of the Cyber and Security Division by the Indian government signifies a dedicated effort to
oversee all aspects of cyber security, including the implementation of schemes and guidelines
related to National Information Security.

INTERNATIONAL DEVELOPMENT: CYBER SECURITY LAW:

Cybercrime has become a pervasive public-facing computer-related crime, prompting
international conventions and agreements that prioritize security and human rights. The
Universal Declaration on Human Rights serves as a benchmark for assessing how cybercrime
infringes on these rights. In 2020, international cyber threats escalated, with email threats
accounting for 50%, a lack of cyber preparedness at 76%, and over 60% of companies
experiencing ransom ware attacks. The researcher presents these figures through tables and
figures, emphasizing the global nature of cyber threats.

Sino. Cyber threats in 2020 Percent

1 Email threats 51%

2 Lack of the Cyber Preparedness 75%

3 More than 6 in 10 companies suffered a ransom ware attack 63%

Cyber Treats in 2020

Table above indicate that cybercrime is not confined to a national scale but is an
international issue. The Sustainable Development Goals underscore the need for a multi-
responsible society, encompassing cyber security infrastructure.

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LITERATURE REVIEW:
The critical issue of cyber security has garnered extensive attention in literature. Justice
Yatindra Singh, in his book, delves into the profound impact of cybercrime on Intellectual
Property, particularly highlighting infringements on copyrights, trademarks, and patents in
cyberspace. Despite the wealth of literature, there is a noticeable gap in focusing on distinct
laws and recent enactments related to cyber security in India. Vivek Stood, in his book,
advocates various strategies to curb cybercrimes, emphasizing cyber security as a
fundamental necessity in the 21st century. The Ministry of Home Affairs' Annual Report
for 2018-19 highlights the escalating crime ratio in cyberspace compared to the previous
year.

PUBLIC LAW & CYBER SECURITY:

The Indian Constitution, safeguarding fundamental rights, recognizes cyber security as
integral to the right to privacy. The preamble emphasizes a dignified life and equal
opportunities. Article 21 explicitly mentions the right to life with dignity and security,
connecting it significantly to cyber security in the digital realm. The right to access the
internet is deemed a fundamental right, elevating the prominence of cyber security in the
legal system. Article 14, enumerating equal treatment in digital society, acknowledges the
growing integration of technology into daily life, making protection a fundamental aspect.

Article 19 (1)(a) of the Indian Constitution establishes liberty as a foundational concept of

human rights, especially in cyberspace. The government of India has consistently formed
committees to address cyber security concerns and propose schemes. Key committees
include:

A) EXPERT COMMITTEE ON THE INFORMATION TECHNOLOGY ACT, 2001:

In 2004, the Indian government established an Expert Committee on the Information
Technology Act, 2001. This committee recommended amendments to the criminal procedure
code, Indian penal code, and Indian Evidence Act. Subsequently, Parliament made various
amendments related to digital and electronic modes in both substantive and procedural
criminal law.

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B) COMMITTEE OF EXPERTS ON DATA PROTECTION:
In 2018, the Indian government formed the Committee of Experts led by Justice B.N.
Shrikrishna to address data protection issues. The committee's main objectives were to
identify and address key data protection concerns in India. It recommended a strategic plan
and conducted an analysis of problems related to cyber security.

JUDICIAL RESPONSE TOWARDS CYBER SECURITY:

The Indian Judiciary has played a crucial role in preventing cybercrime, adopting a
beneficial, protective, and harmonized approach. In the case of Shreya Singhal v. Union of
India , the Apex court emphasized the importance of freedom of speech and expression,
including the right to use social media, while examining the Information Technology
Act, 2000. The court declared section 66A of the IT Act as a violation of freedom of speech
and expression.

In Shamsher Singh Verma v. State of Haryana , the court discussed documents, including
electronic documents, referring to Section 3 of the Indian Evidence Act, which defines a
document to include digital and technological substances.

In Syed Asifuddin v. State Andhra Pradesh, the court explained the scope of Section 65 of the
Information Technology Act, 2001, and Section 63 of the Copyright Act, 1958. The Supreme
Court also discussed Sections 419 and 407 of the Substantive Criminal Law and allowed a
criminal investigation.

In the case of Shankar v. State Rep, related to the Information Technology Act, 2001, the
court examined the challenged sections and emphasized the significance of Section 72 of the
IT Act.

In Avnish Bajaj v. State (NCT) of Delhi , the court held that the petitioner was prima facie
liable for offenses under Section 67 read with Section 85 of the IT Act, noting the Act's role
in providing cyber security to all technology sectors.

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In the case of State of Tamil Nadu v. Suhas Katti, the court highlighted the importance of
Section 468 of the Indian Penal Code related to forgery to harm reputation and Section 50.
The case involved a discussion on the essence of Section 67 of the Information Technology
Act, 2001

Concerning cyber cafes and their role in combating cybercrime, in the case of CBI v. Arif
Azim, the court delved into section 418, and 421 of the Indian Penal Code. This landmark
judgment marked the first instance where the court prescribed punishment and conviction for
cybercrime.

In the case of SMC Pneumatics (India) Pvt. Ltd. vs. Jogesh Kwatra, the court addressed cyber
defamation, challenging sections 65A and 65B of the Indian Evidence Act, 1871. This was
the inaugural instance where the court heard an online defamation case, asserting that cyber
defamation falls under section 4998 of the Indian Penal Code. Prior to Information
Technology Law, the Supreme Court, in the case of Sukanto Haldar v. State of West Bengal
dealt with the magazine Nara Nari, treating it as an obscene publication under section 2921 of
the Indian Penal Code 18601. The petitioner was convicted and sentenced to two months of
rigorous imprisonment and a fine of Rs. 201.

GOVERNMENT SCHEMES ON CYBER SECURITY:

The Indian government has introduced various schemes to enhance cyber security in India.
These include:
- Cyber Surakshit Bharat
- CERT-In (Computer Emergency Response Team - India)
- National Critical Information Infrastructure Protection Centre
- Crisis Management Plan
- Website Audit
- Training & Mock Drills

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CONCLUSION:
Cyberspace has become a crucial aspect of our lives. The Indian legal system, along with the
judiciary and government ministries, has taken significant steps to provide security and raise
awareness about cyberspace. In the digital era, it is essential for everyone to be aware and
knowledgeable about computers, computer systems, computer networks, and the laws
governing cyberspace. Attending seminars, workshops, and Faculty Development Programs
can contribute to spreading knowledge about computers and operating systems, fostering a
more cyber-aware society.

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