Technology and Law in India: A Brief Note

Updated: Jul 31

Technology and Law in India: A Brief Note

-ASHA SINGH, ADVOCATE (HIGH COURT OF PUNJAB & HARYANA)


Earlier we never thought that technology would become a vital and mandatory part of our lives. Some of us dreamed of having such a lifestyle where we have to work less or could divert that heavy amount of manual work to someone who can take up without tiring up.

As soon the pandemic hit the world started talking and depending on the technology that is resistant to any virus transmission. You can rely on machines for errorless and less time-consuming activities. Also, security and privacy is guaranteed and guarded.

Humans may lie however machines have not been found lying and misleading people until their software is being corrupted.

Why Do We Need Technology?

Time and circumstances are different now as compared to before the pandemic hit. We are no more that comfortable with each other's physical presence as used to be. A simple sneeze can then make people accuse you of COVID-19 infection.

● Machines make fewer errors and are reliable

● Provides data security

● Less time consuming

● Can do multitasking

● Needs less Human interference

Technology laws in India

Since the existence of human civilization, there have been numerous changes in culture and tradition. Every alteration birthed a new invention and new transformation.

Information Technology Act, 2000 is India’s first and foremost technology act dealing with electric commerce and cybercrimes. Provides rules and regulations to curb the crime.

The original Act contained 94 sections, divided into 13 chapters and 4 schedules. The laws apply to the whole of India. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law.[1]

The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cybercrimes and prescribes penalties for them. The Act directed the formation of a Controller of Certifying Authorities to regulate the issuance of digital signatures. It also established a Cyber Appellate Tribunal to resolve disputes arising from this new law. The Act also amended various sections of the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Banker's Book Evidence Act, 1891, and the Reserve Bank of India Act, 1934 to make them compliant with new technologies.[2]

Awareness

A limited number of people are aware of Information Technology law provisions in India. India has enacted the law but still, a lot has to be done in the area of technology law. Ignorance of law causes a huge disturbance and havoc in society. Even after the Information Technology Act, 2000 many people are unaware of its presence and commit cybercrimes.

In the absence of awareness, spreading fake news and rumors, posting hatred material is very common. Most of the offensive comments and posts of social media platforms go unreported due to the absence of awareness and lack of trust in the system regarding cyber laws.

To conclude, India has to walk a long race to overcome such minor irregularities and establish a netizen friendly cyberspace. The IT Act, 2000 does provide effective legal provisions. However, systematic enforcement is still needed at a wider range. Proper implementation of the law is the most crucial part of a system for the safety and security of the people.

[1] https://en.wikipedia.org/wiki/Information_Technology_Act,_2000 [2] ibid

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