IN DEPTH – Analysis Of India’s Cyber Security Legal Framework

It is an undisputed fact that the Cyber networking was the flag bearer of Information Technology revolution world saw in post war era. As far as India is concerned the need of providing a legal backbone to regulate the Cyber Operations in India was bestowed upon the Information Technology Act, 2000 (hereinafter IT Act). The legal framework to cyber security needs of India revolves around the 13 Chapters, 90 sections, 2 schedules of this 16-year-old legislation.

The IT Act, 2000 was drafted in conformity with the United Nations Model Law on Electronic Commerce; the same was adopted by General Assembly on 30^th January 1997. This Act had to fulfil three-fold objectives-

·       provide legal recognition to transactions carried through electronic means and facilitate international trade (E-Commerce)

·         Provide alternative to paper based method of storing information and filing of paper-less documents with government agencies.

·         To criminalise and penalise offences committed through electronic medium.

The amplitude of this Act is such that it attempts to provide confidence, protection and means of redressal to even owner of a single computer system or network. The provisions of this Act have been discussed hereinafter as to how it affirms the cyber security needs of India.

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