cyber law topics for research in india

Cyber Law Topics for Research in INDIA

Cyber law is a relatively new field of law that deals with the legal issues related to the use of the internet and technology. As technology continues to evolve, the legal landscape also changes, and it becomes essential to keep up with the latest developments in this area. Here are 50 cyber law topics for research in India:

Cybercrime and its impact on the economy.
Cybersecurity laws and their effectiveness in India.
The role of the judiciary in dealing with cybercrime.
Cyberbullying and the laws governing it in India.
The use of social media as evidence in court.
The role of the Indian government in cybercrime prevention.
Data protection laws in India and their adequacy.
The legality of online gambling in India.
The right to privacy and its application in cyberspace.
The impact of cybercrime on human rights.
The challenges of cross-border cybercrime investigations.
The role of the Indian police in investigating cybercrimes.
Cyberstalking and the laws governing it in India.
The impact of cybercrime on the banking sector.
The use of artificial intelligence in cybercrime prevention.
The regulation of cryptocurrency in India.
The role of ethical hacking in preventing cybercrime.
The impact of cybercrime on e-commerce in India.
Cyberterrorism and the laws governing it in India.
The effectiveness of cybercrime legislation in India.
The challenges of cybercrime investigations in rural India.
The role of social media in the spread of fake news.
The legal implications of cyber espionage in India.
The impact of cybercrime on intellectual property rights.
The use of blockchain technology in preventing cybercrime.
The legal implications of cyber warfare in India.
The role of international law in dealing with cybercrime.
The impact of cybercrime on the healthcare sector.
The legal implications of data breaches in India.
The use of biometrics in cybercrime prevention.
The role of cyber insurance in mitigating cybercrime risks.
The impact of cybercrime on the education sector.
The legal implications of cyberstalking on minors.
The use of big data in cybercrime prevention.
The role of cybersecurity audits in preventing cybercrime.
The impact of cybercrime on the tourism industry.
The legal implications of cyberbullying on employees.
The use of machine learning in cybercrime prevention.
The role of cybersecurity awareness campaigns in preventing cybercrime.
The impact of cybercrime on the entertainment industry.
The legal implications of cyberstalking on women.
The use of cloud computing in cybercrime prevention.
The role of the private sector in preventing cybercrime.
The impact of cybercrime on the insurance industry.
The legal implications of cyberstalking on celebrities.
The use of quantum computing in cybercrime prevention.
The role of cybercrime victim support groups in India.
The impact of cybercrime on the real estate sector.
The legal implications of cyberstalking on politicians.
The use of virtual reality in cybercrime prevention.

These are just a few examples of the many cyber law topics that you can research in India. As technology continues to evolve, there will always be new legal issues that need to be addressed, making this an exciting and constantly evolving field of law. Dissertation paper

CENTRE FOR CYBER LAWS (CL)

About the Center The Centre for Cyber Laws has been established to understand the socio-legal issues related to ever evolving cyberspace. Cyberspace is infinite and has potential to grow and evolve infinitely. The issues related to cyberspace are also evolving with the advancement of information technology. The global IT revolution and the emergence of new technologies such as artificial intelligence, Internet of Things, e- commerce industry, new form of currency, issues pertaining to the governance of cyber space and more particularly the post covid-19 new world order have necessitated the need to focus on the legal research pertaining to new kinds of cybercrimes, issues related to cyber security and data protection and online privacy laws and above all into the new evolving cyberspace trends and patterns which shall shape the future of human civilisation and legal issues pertaining to it.

Vision The vision of the Centre for Cyber Laws is to create a research oriented space through which further research, discussions and deliberations on issues related to cyberspace and cyber laws can be done.

Objective The objective of the Centre is to bring the professionals, academicians, cyber law experts, technology experts, law enforcement agencies, researchers and students together to have focussed deliberations, discussions and debates related to issues of cyber space and cyber laws. The Centre also aims to spread awareness related to various issues related to cyber laws such as cybercrimes, contraventions and cyber security issues.

The scope of activities under the Centre involves the following:

Focused and in-depth research into different aspects of cyberspace and issues pertaining to cyber laws.
To conduct training sessions on cyber laws for academicians, industry professionals, law enforcement agencies and students.
Develop Courses on Cyber laws.
Collaborations with other organisations/universities/institutes with research focus in the same area.
Organise Webinars/conferences/seminars/ round table and panel discussions on contemporary areas of cyber laws.
Conduct special session for students and guide them for more research in this area.
Research Centres
International Cooperation

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Cyber Law In India: An Overview

2022, Indian Journal of Law and Legal Research

The world has progressed in terms of communication, particularly since the introduction of the Internet. The rise of cyber crime, often known as e-crimes (electronic crimes), is a major challenge confronting today's society. As a result, cyber crime poses a threat to nations, companies, and individuals all across the world. It has expanded to many parts of the globe, and millions of individuals have become victims of cyber crime. Given the serious nature of e-crime, as well as its worldwide character and repercussions, it is evident that a common understanding of such criminal conduct is required to successfully combat it. The definitions, types, and incursions of e-crime are all covered in this study. It has also focused on India's anti-e-crime legislation.

Related Papers

International Journal of Trend in Scientific Research and Development

Chandigarh University

Thohedul Islam Talukdar

Cyber law is related to information technology (IT) and information and communication technology (ICT). Cyber law is a new phenomenon of modern technological development. Information technology (IT) very rapidly occupied the responsibility of development of human society. The primary goal of this paper is to raise awareness regarding legal loopholes and enabling technologies, which facilitate acts of cyber crime. In perusing these avenues of inquiry, the author seeks to identify systemic impediments which obstruct police investigations, prosecutions, and digital forensics interrogations. Existing academic research on this topic has tended to highlight theoretical perspectives when attempting to explain technology aided crime, rather than presenting practical insights from those actually tasked with working cyber crime cases. There are cyber crime investigation and trial procedure in Bangladesh. Research in this paper has been guided by Bangladesh Cyber law and India cyber law in the preparation of the Comprehensive Study on Cybercrime and is keenly focused on cyber crime investigation and trial procedure in Bangladesh. In this way, the reader to contemplate the reality of a cyber crime inquiry and the practical limits of the criminal justice process.

International Res Jour Managt Socio Human

As we all know that this is the era where most of the things are done usually over the internet starting from online dealing to the online transaction. Since the web is considered as worldwide stage, anyone can access the resources of the internet from anywhere. The internet technology has been using by the few people for criminal activities like unauthorized access to other's network, scams etc. These criminal activities or the offense/crime related to the internet is termed as cyber crime. In order to stop or to punish the cyber criminals the term " Cyber Law " was introduced. We can define cyber law as it is the part of the legal systems that deals with the Internet, cyberspace, and with the legal issues. It covers a broad area, encompassing many subtopics as well as freedom of expressions, access to and utilization of the Internet, and online security or online privacy. Generically, it is alluded as the law of the web.

Cyber and technology related crime is gradually increasing in Bangladesh. It is a significant issue in Bangladesh. It has already been seen that a glomming threat becomes visible in the arena of information technology. Recently the hacking of RAB website and e-mail threats of former prime minister is example for few of them. In contrast, cybercrime is becoming a threat to government itself. Due to lack of necessary legislation to tackle such type of crime, cyber criminals are almost in the safe side to commit such crime. In the Information and Communication Technology Act-2006 and ICT (Amendment) Act-2013 there are several clauses against cybercrime. But this Information and Communication Technology act is not the concrete one. By enacting this act, there is a chance to become safe side after committing crimes. So, considering these facts a comprehensive Cybercrime Protection Act should be imposed. This article incorporates the impacts of cybercrime in Bangladesh especially focuses on the area of Personal life, Workplace as well as Policy making Bodies or thinkers. I believe that this article would help all relevant concerns and especially policy makers.

IJAR Indexing

The advent of e-technology has brought variety of opportunities and some of these, not surprisingly, are of a criminal nature. The Cyberspace created by computer technology provides a medium for doing many things in efficient manner. The automations use of machine replacing human hands provided great opportunities and options. The connected computer machines have created a different world called Cyber world or cyber space. It is a different world altogether, quite different from our real world! Due to special nature of this Cyberspace the cyber criminals get maximum opportunity to commit crime. Cybercrimes are committed by using mobile phones, computers, scanners, digital cameras and other electronics devices. In the modern educational field rapid changes are happening in a vast country like India. Enormous developmental work is now being done in the field of education so as to enable students to get a better vision of life in other parts of the world and scientific development around the globe. The “Internet” in India is growing rapidly; it has given rise to new opportunities in every field: - be it entertainment, business or education. Internet also has its own disadvantages; one of the major disadvantages is “Cyber-crime” i.e, illegal activity committed on the internet.

International Journal IJRITCC

—No stones are untouched by technology which gives rise to various refined crimes performed by so called intellectual criminals. The crimes performed using technology is termed as cybercrime. This paper tries to give insight on the broader areas effected by cybercrime in India. It also tries to associate various laws under various sections of IT Act 2000 which can be levied upon the culprit. It focuses on three categories of crime, viz. crime against individual, crime against property and crime against government. The paper tries to give insight on the loopholes as well as statistics of various cybercrimes in India.

iventamassum ellin

IJRASET Publication

With the increasing number of COVID-19 cases in the world and deaths worldwide has given a very worse condition to the whole world besides this covid pandemic there is also increase in number of Cyber-crimes and Cyber-attack of different types in the whole world. As Technology is advancing everyday there is a rise in Cyber-crime problem today, however security measures and prevention to protect this technology and the users of the technology is not advancing as quickly. So, the aim of this study is to understand and learn different types of Cybercrimes and Cyberattacks today in the world. It is important to prevent and to put awareness about the types of crimes and attacks. There are some protective procedures such as keep your software Up to date, Using of Anti-Virus Protection and also the use of Firewall, Continuously Changing Passwords and keep it as strong as can be, and also two step or multi step authentication should be done whenever necessary.

Tofa Hossain

Journal ijmr.net.in(UGC Approved)

The growing rate of usage of internet has helped individuals not only in betterment of livelihood, economical learning, entertainment etc. but at the same time this advancement in technology has led us to face the bitter side of it thereby introducing us to Cyber Crime. The objective of the study is to study growing rate of cyber crime against women in India and to analyze the reason of its growth. To authenticate the study, data from National Crime Report Bureau and World Bank for the year 2010-2013 has been used. The data available was only till 2013. The tool of SPSS has been used to show the association between internet users and cyber crime cases registered. Ms.Prerna Pratham Singh, a final year M.A.(Political Sc.) Delhi University student, posted the screenshot (May,2015) ,on her Facebook page, of a lewd and abusive message posted to her by accused Raushan Kumar. With this screenshot, she posted a message too-which sent a straight message to not only the accused but to his alikes too. Within hours after Prerna posted this message on her timeline, the accused tried to escape the situation by declaring that his Facebook account has been hacked and has been used by somebody else to send offensive messages. Although Prerna took a brave step to teach lesson to the culprit, but does every women have this much courage to fight against " Cyber Crime " .

Cybersecurity Laws and Regulations India 2024

ICLG - Cybersecurity Laws and Regulations - India Chapter covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers.

Chapter Content Free Access

1. cybercrime, 2. cybersecurity laws, 3. preventing attacks, 4. specific sectors, 5. corporate governance, 6. litigation, 7. insurance, 8. investigatory and police powers.

1.1 Would any of the following activities constitute a criminal or administrative offence in your jurisdiction: hacking; denial-of-service attacks; phishing; infection of IT systems with malware; distribution, sale or offering for sale of hardware, software or other tools used to commit cybercrime; possession or use of hardware, software or other tools used to commit cybercrime; identity theft or identity fraud; electronic theft; unsolicited penetration testing; or any other activity adversely affecting or threatening the security, confidentiality, integrity or availability of any IT system, infrastructure, communications network, device or data? If so, please provide details of the offence, the maximum penalties available, and any examples of prosecutions in your jurisdiction:

Yes, the above-mentioned activities amount to a criminal or administrative offence in India under the Information Technology Act, 2000 (IT Act).

The relevant portion of Section 43 reads as follows:

Section 43 . There is a penalty and compensation for damage to a computer, computer system, etc. if any person, without permission of the owner or any other person who is in charge of a computer, computer system or computer network:

accesses or secures access to such computer, computer system or computer network (or computer resource);
downloads, copies or extracts any data, computer database or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;
damages or causes to be damaged any computer, computer system or computer network, data, computer database or any other programmes residing in such computer, computer system or computer network;
disrupts or causes disruption of any computer, computer system or computer network;
denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means;
provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, Rules or regulations made thereunder;
charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network;
destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means; or
steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage.

The Act defines in Sections 43 and 66 the term “Hacking” to mean and include a wide range of activities done fraudulently or dishonestly without the permission of the owner or representative of the owner in charge of the system. This includes the section mentioned above. The penalty for such offence is:

Infection of IT systems with malware

Refers to the unauthorised introduction of malicious software (malware) into computer systems, networks, or devices. Malware is a broad term that encompasses various types of harmful software such as viruses, worms, trojans, spyware, and ransomware. This has been covered in Section 43 as introducing computer contaminants and in Section 65 as tampering with computer source documents.

The penalties are covered under the following sections:

Denial-of-service (DoS) attacks

DOS attacks involving disrupting the normal functioning of computer systems or networks can be considered offences. The relevant section and associated penalty for such attacks are as follows:

Distribution, sale or offering for sale of hardware, software or other tools used to commit cybercrime

The IT Act does not contain clauses directly referring to the distribution, sale or offering for sale tools for use in the commission of cybercrime. Having said that, Section 43 (g) prescribes that the provision of any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the IT Act is liable for fines as mentioned above.

Possession or use of hardware, software or other tools used to commit cybercrime

The IT Act does not contain clauses directly referring to possession of tools for use in the commission of cybercrime. See the answer under the heading “Distribution, sale or offering for sale”.

Section 66B of the Information Technology (Amendment) Act, 2008 (IT Amendment Act) states that whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be a stolen computer resource or communication device shall be punished with imprisonment of up to three years, a fine of up to Rs 100,000 or both.

Identity theft or identity fraud

Identity theft in its plain terms is impersonating another. This is done through obtaining information through multiple ways and fraudulently using that information to cause financial or reputational loss to individuals. Phishing and spam/fraud calls are ways in which identity theft takes place.

Electronic theft (e.g. breach of confidence by a current or former employee, or criminal copyright infringement)

Please see “Hacking” above.

Unsolicited penetration testing (i.e. the exploitation of an it system without the permission of its owner to determine its vulnerabilities and weak points)

This is punishable as indicated in the answers above. While the IT Act does not make specific reference to penetration testing (Pen testing) it is covered under Section 43 as described above, as it constitutes unauthorised access except for circumstances as mentioned in the question 1.3 below.

Any other activity that adversely affects or threatens the security, confidentiality, integrity or availability of any it system, infrastructure, communications network, device or data

Section 66F of the IT Amendment Act defines and penalises cyberterrorism.

1.2 Do any of the above-mentioned offences have extraterritorial application?

The IT Act, 2000 has extra-territorial jurisdiction for offences committed outside “if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India”.

The newly notified Digital Personal Data Protection Act 2023 (DPDPA) vide Section 3 (b) clearly mentions that the Act shall also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India.

1.3 Are there any factors that might mitigate any penalty or otherwise constitute an exception to any of the above-mentioned offences (e.g. where the offence involves “ethical hacking”, with no intent to cause damage or make a financial gain)?

The statute does not mention exceptions such as ethical hacking. The key test is of mens rea or mala fide intent. However, the same may be considered to be a valid defence and hence not a defence if the host has invited the intrusion to verify security standards of their programs, systems and servers, i.e. Pen testing, bug bounty, etc.

2.1 Applicable Laws : Please cite any Applicable Laws in your jurisdiction applicable to cybersecurity, including laws applicable to the monitoring, detection, prevention, mitigation and management of Incidents. This may include, for example, data protection and e-privacy laws, trade secret protection laws, data breach notification laws, confidentiality laws, and information security laws, among others.

There are various laws that mention monitoring, detection, prevention, mitigation and management of Incidents. The salient ones are as follows:

The IT Act, along with its allied Rules is the primary law dealing with the varied aspects of how to look at issues related to electronic records and documents, digital signatures, and cybercrime on information, systems etc. The Act also prescribed the offences and fines. Over a period of time the changing technology landscape brought about an amendment in this Act, which is the IT Amendment Act. This further enhanced the scope of cybercrimes and introduced penalties for offences related to data breaches, identity theft, and online harassment.

As per the IT Act, the Computer Emergency Response Team – India (CERT-In) provides guidelines for monitoring, detecting, preventing, and managing cybersecurity Incidents.

As per this, service providers, intermediaries, data centres, body corporates, and Government organisations are obligated to take specific actions or provide information for cyber Incident responses, as well as for protective and preventive measures against cyber Incidents.

National Cyber Security Policy 2023

The objective of this policy is to safeguard both information and the infrastructure in cyberspace. It seeks to establish the capabilities needed to prevent and respond effectively to cyber threats, as well as to minimise vulnerabilities and mitigate the impact of cyber Incidents.

This will be achieved through a combination of institutional structures, skilled individuals, established processes, advanced technology, and collaborative efforts.

The policy is designed to instil a high level of trust and confidence in IT systems. It also aims to fortify the regulatory framework to ensure security and bolster the safeguarding and resilience of the nation’s critical information infrastructure (CII).

This will be accomplished by the operation of a 24/7 National Critical Information Infrastructure Protection Centre (NCIIPC) and the enforcement of security practices pertaining to the design, procurement, development, utilisation, and operation of information resources.

Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021

In 2021, India implemented regulations commonly referred to as the Intermediary Rules. These guidelines establish a legal structure governing social media platforms, over-the-top (OTT) platforms, and digital news providers. Additionally, they encompass clauses pertaining to safeguarding data and addressing complaints.

The DPDPA is an Act to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes. It has a clear mandate for reporting Incidents and fines for not following said mandates.

There is also the upcoming Digital India Act; the Government is presently looking to replace the IT Act with the Digital India Act, which will deal with online safety, trust and accountability, open internet, and regulations of new age technologies like artificial intelligence and blockchain technologies.

The Indian Penal Code also has provisions related to cyber Incidents, although this must be read with the IT Act.

The Central Government launched a National Cyber Crime Reporting Portal, [Hyperlink] , to enable citizens to report complaints pertaining to all types of cybercrimes, with a special focus on cybercrimes against women and children.

The Government is also operating the Cyber Swachhta Kendra (Botnet Cleaning and Malware Analysis Centre), which provides the detection of malicious programs and free tools for cleaning malicious code as well as tools such as M-Kavach for addressing threats related to mobile phones.

The CERT-In coordinates with its counterpart agencies in foreign countries on cyber Incidents originating outside the country.

2.2 Critical or essential infrastructure and services : Are there any cybersecurity requirements under Applicable Laws (in addition to those outlined above) applicable specifically to critical infrastructure, operators of essential services, or similar, in your jurisdiction?

As per the IT Act, CII is monitored by the NCIIPC. CII is defined as “facilities, systems or functions whose incapacity or destruction would cause a debilitating impact on national security, governance, economy and social well-being of a nation”.

The NCIIPC is required to monitor and report national-level threats to CII. The critical sectors include:

Power and energy.
Banking, financial services, and insurance.
Telecommunication and information.
Transportation.
Government.
Strategic and public enterprises.

Recently, some private banks such as ICICI and HDFC have also been included.

The NCIIPC has been working on policy guidance awareness programmes and knowledge-sharing documents for getting organisations ready.

The Reserve Bank of India (RBI) has issued a comprehensive Cyber Security Framework for all scheduled commercial banks, which requires all banks to adhere to strict cybersecurity and data protection guidelines. The RBI sets minimum standards and norms for banks and non-banking finance companies, and other lenders and payment services.

2.3 Security measures : Are organisations required under Applicable Laws to take measures to monitor, detect, prevent or mitigate Incidents? If so, please describe what measures are required to be taken.

The Information Technology (Reasonable Security Practices and procedures and sensitive personal data or information) Rules, 2011, refer to the ISO27001 standards. While this is not defined as mandatory, it is a recommendation to follow these standards.

Similarly, in the recent DPDPA, the measures that need to be adopted include having the appropriate technological and organisational measures as well as taking all steps to prevent Incidents.

The Information Technology Rules, 2013 are responsible for mandating all Indian data centres, service providers, and their intermediates. All intermediaries are required to report any cybersecurity Incidents to CERT-In, the primary task force to:

Analyse cyber threats, vulnerabilities, and warning information.
Respond to cybersecurity Incidents and data breaches.
Coordinate suitable Incident response to cyberattacks and conducts forensics for Incident handling.
Identify, define, and take suitable measures to mitigate cyber risks.
Recommend best practices, guidelines, and precautions to organisations for cyber Incident management so that they can respond effectively.

2.4 Reporting to authorities : Are organisations required under Applicable Laws, or otherwise expected by a regulatory or other authority, to report information related to Incidents or potential Incidents (including cyber threat information, such as malware signatures, network vulnerabilities and other technical characteristics identifying a cyber attack or attack methodology) to a regulatory or other authority in your jurisdiction? If so, please provide details of: (a) the circumstance in which this reporting obligation is triggered; (b) the regulatory or other authority to which the information is required to be reported; (c) the nature and scope of information that is required to be reported; and (d) whether any defences or exemptions exist by which the organisation might prevent publication of that information.

As per the CERT-In Rules, organisations now have a six-hour window to report Incidents as mentioned in the Annexure I as under:

Targeted scanning/probing of critical networks/systems.
Compromise of critical systems/information.
Unauthorised access of IT systems/data.
Defacement of website or intrusion into a website and unauthorised changes such as inserting malicious code, links to external websites, etc.
Malicious code attacks such as spreading of virus/worm/Trojan/bots/spyware/ransomware/cryptominers.
Attacks on servers such as databases, mail and domain name systems, and network devices such as routers.
Identity theft, spoofing and phishing attacks.
DoS attacks and Distributed Denial of Service (DDoS) attacks.
Attacks on critical infrastructure, supervisory control and data acquisition (SCADA) and operational technology systems, and wireless networks.
Attacks on application such as e-governance, e-commerce, etc.
Data breaches.
Data leaks.
Attacks on Internet of Things (IoT) devices and associated systems, networks, software, servers.
Attacks or Incidents affecting digital payment systems.
Attacks through malicious mobile apps.
Fake mobile apps.
Unauthorised access to social media accounts.
Attacks or malicious/suspicious activities affecting cloud computing systems/servers/software/applications.
Attacks or malicious/suspicious activities affecting systems/servers/networks/software/applications related to big data, blockchain, virtual assets, virtual asset exchanges, custodian wallets, robotics, 3D and 4D printing, additive manufacturing, and drones.
Attacks or malicious/suspicious activities affecting systems/servers/software/applications related to artificial intelligence and machine learning.

Rule 12 outlines the requirements for service providers, intermediaries, data centres, and corporate entities to notify CERT-In about cybersecurity Incidents.

The CERT-In website also offers details on the channels and formats for reporting such Incidents, along with offering advice on reporting vulnerabilities and following Incident response protocols.

The DPDPA talks of requirements to be maintained to have appropriate technological and organisational measures adopted also as measures to prevent personal data breach.

According to rule 3(1)(l) of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, intermediaries are obligated to notify and provide information regarding cybersecurity Incidents to CERT-In, following the guidelines outlined in the CERT-In Rules.

The RBI Act 2018 requires banks to implement mandatory breach notifications, in which urban cooperative banks (UCBs) must promptly detect and report cybersecurity Incidents to the RBI within two to six hours of discovery to better respond to the attacks.

2.5 Reporting to affected individuals or third parties : Are organisations required under Applicable Laws, or otherwise expected by a regulatory or other authority, to report information related to Incidents or potential Incidents to any affected individuals? If so, please provide details of: (a) the circumstance in which this reporting obligation is triggered; and (b) the nature and scope of information that is required to be reported.

The IT Act and specifically the CERT-In and Information Technology (Reasonable Security Practices and procedures and sensitive personal data or information) Rules, 2011, also known as the SPDI Rules, mandates reporting to the authorities and not to individuals.

The new DPDPA is aimed at creating a framework for this kind of reporting. However, the Rules are yet to be notified and we will get more clarity on the same once the Rules are notified.

2.6 Responsible authority(ies) : Please provide details of the regulator(s) or authority(ies) responsible for the above-mentioned requirements.

Please refer to question 2.4.

Further, the IT Act also envisages a Cyber Appellate Tribunal (CAT) wherein any person aggrieved by the orders from the controller or adjudicating officers can prefer an appeal. The CAT is not bound by the Indian Code of Civil Procedure, 1908 (CPC) and instead is at liberty to regulate its own procedures, limited only by the principles of natural justice and the IT Act itself. The CAT has the same powers as are vested in a civil court under the CPC and, while trying a suit, such powers shall include:

summoning and enforcing the attendance of any person and examining them under oath;
requiring the discovery and production of documents or electronic records;
requiring evidence on affidavits;
issuing commissions for the examination of witnesses or documents;
reviewing its decisions;
dismissing an application for default or deciding it ex parte ; and
any other matter as may be prescribed.

This comprises a chairperson appointed by the Central Government by notification, as provided under Section 49 of the IT Act 2000 and such a number of other members as the Central Government may notify or appoint.

However, due to the non-availability of a Presiding Officer, it was merged with the Telecom Disputes Settlement Appellate Tribunal (TDSAT) in 2017.

2.7 Penalties : What are the penalties for not complying with the above-mentioned requirements?

The relevant sections of the IT Act, 2000 are tabulated below:

In addition to the foregoing points, the newly enacted DPDPA included the following provisions in the Schedule 1:

It is pertinent to mention that the Rules under the DPDPA are yet to be notified and we expect some more guidelines to emerge once they are published in the Official Gazette .

The next significant piece of legislation in this regard is the CERT-In guidelines. Affected organisations face up to one year of imprisonment, significant penalties, and non-compliance fines if they fail to follow these regulations or report cybersecurity Incidents to CERT-In.

2.8 Enforcement : Please cite any specific examples of enforcement action taken in cases of non-compliance with the above-mentioned requirements.

These laws are still in a nascent stage and jurisprudence is still being set by the enforcement actions taken. As of now, the emphasis is on creating a compliance framework. While quite a few cases have transpired, especially during the COVID-19 pandemic, the Air India , Dr. Lals Pathlab and Domino’s cases were at the forefront.

3.1 Are organisations permitted to use any of the following measures to protect their IT systems in your jurisdiction (including to detect and deflect Incidents on their IT systems): (i) beacons (i.e. imperceptible, remotely hosted graphics inserted into content to trigger a contact with a remote server that will reveal the IP address of a computer that is viewing such content); (ii) honeypots (i.e. digital traps designed to trick cyber threat actors into taking action against a synthetic network, thereby allowing an organisation to detect and counteract attempts to attack its network without causing any damage to the organisation’s real network or data); or (iii) sinkholes (i.e. measures to re-direct malicious traffic away from an organisation’s own IP addresses and servers, commonly used to prevent DDoS attacks)?

Though these measures are not specifically stated in the law(s), the organisation in both the Information Technology (Reasonable Security Practices and procedures and sensitive personal data or information) Rules, 2011 and DPDPA talks of adopting appropriate measures to secure the data. However, this will need to meet the standard principles of privacy and rights of individuals.

3.2 Are organisations permitted to monitor or intercept electronic communications on their networks (e.g. email and internet usage of employees) in order to prevent or mitigate the impact of cyber attacks?

Yes. At present both in the Information Technology (Reasonable Security Practices and procedures and sensitive personal data or information) Rules, 2011 and DPDPA the organisations are permitted to do this. It should be noted that the DPDPA will override the Information Technology (Reasonable Security Practices and procedures and sensitive personal data or information) Rules, 2011 as mentioned.

3.3 Does your jurisdiction restrict the import or export of technology (e.g. encryption software and hardware) designed to prevent or mitigate the impact of cyber attacks?

While this is not specifically dealt with in the IT Act, Indian laws do provide for export controls with respect to certain surveillance technologies.

The Government is also looking at controlling through licensing the import of laptops and devices as well as other software.

4.1 Do legal requirements and/or market practice with respect to information security vary across different business sectors in your jurisdiction? Please include details of any common deviations from the strict legal requirements under Applicable Laws.

Yes, it does, as the law is not prescriptive but leaves it on the requirements of a particular business depending on the nature and volume of data being processed.

At present, all organisations strictly follow the compliances set up to follow the mandates of the law as envisioned in the IT Act and Rules. It is envisioned that once the Digital India Act comes into force, there may be sector-specific laws to deal with the variances, e.g. there is a health stack that deals with healthcare related data

4.2 Excluding the requirements outlined at 2.2 in relation to the operation of essential services and critical infrastructure, are there any specific legal requirements in relation to cybersecurity applicable to organisations in specific sectors (e.g. financial services, health care, or telecommunications)?

Various sectors have their own rules and guidelines issued in order to take care of the security of the infrastructure.

The DPDPA brings in the general requirements of how the personal data needs to be handled. However, there are sector-specific regulations and guidelines. The proposed Digital Information Security in Healthcare Act (DISHA) by the Health Ministry provides especially for the protection of healthcare data to third parties. Further, the Government has also released a draft Health Data Management Policy in April 2022, which aims to protect citizens’ health data under the Ayushman Bharat Digital Mission.

Similarly, the RBI provides certain rules and guidelines for the financial sector, as well as the Telecom Regulatory Authority of India prescribing guidelines for data collected in the telecom sector. Security is also an important aspect including Incident reporting to the Department of Telecommunications under The Unified License Agreement.

The Insurance Regulatory and Development Authority prescribes similar rules for insurance companies.

5.1 In what circumstances, if any, might a failure by a company (whether listed or private) to prevent, mitigate, manage or respond to an Incident amount to a breach of directors’ or officers’ duties in your jurisdiction?

While the IT Act and Rules do not directly talk of a breach of directors’ or officers’ duties, various provisions both in the Act and allied Rules speak of this. Section 85 of the IT Act does require that, in the event of contravention of provisions of the Act, every person who was in charge of and was responsible to the company for the conduct of its business (including a director and any officer) at the time of the contravention shall be: guilty of said contravention; liable to be proceeded against; and punished accordingly. Due diligence or lack of knowledge is a good defence to this.

Also, the Companies Act, 2013 and more specifically The Companies (Management and Administration) Rules, 2014, require that the Board of a company shall appoint a person in the company responsible for the management, maintenance and security of electronic records. Any failure by such person to do so would result in a breach of their duties of care under the law.

5.2 Are companies (whether listed or private) required under Applicable Laws to: (a) designate a CISO (or equivalent); (b) establish a written Incident response plan or policy; (c) conduct periodic cyber risk assessments, including for third party vendors; and (d) perform penetration tests or vulnerability assessments?

While the law will never detail these aspects of practice because technology and standards are always fluid, it is important to note the language of the law. In the IT Rules as well as the DPDPA, the language speaks of having appropriate technological and organisational measures and reasonable security safeguards to prevent a breach.

To demonstrate compliance with the applicable laws in India regarding information security, businesses are mandated to undertake several key measures. This includes designating a Chief Information Security Officer (CISO) or an equivalent role, establishing a documented Incident Response Plan or policy, conducting regular cyber risk assessments, which should encompass evaluations of third-party vendors, and performing Pen testing or vulnerability assessments. These actions collectively form a crucial framework for ensuring adherence to legal requirements, safeguarding sensitive information, and fortifying resilience against cyber threats.

The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 mandate that all the Intermediaries and other companies operating in the Digital space must appoint a Grievance Redressal Officer. Further, the Rules prescribe that appropriate grievance redressal mechanisms should be available to all users of social media intermediaries and should be prominently published. The Rules also stipulate the timelines within which relevant action must be taken by the intermediaries or other companies operating in digital spaces.

Similarly, there is a requirement in the NCIIPC guidelines for CIIs to appoint a CISO who heads the department for information security within the companies. This requirement is also echoed by the IRDA so as to have a designated department for the implementation of a requisite framework to ensure cybersecurity.

The IT Rules further provide for appointing a Grievance Redressal Officer who shall act on behalf of the Company to remedy any grievances that are being aired by any of the parties or individuals.

This requirement has been further reinforced by the newly implemented DPDPA and, as a result of this Act, all service providers, intermediaries, data centres, corporate bodies and Government organisations must have a designated person or contact who shall be responsible for acting as the interface with CERT-In or any other Government-appointed body under the new DPDPA.

5.3 Are companies (whether listed or private) subject to any specific disclosure requirements (other than those mentioned in section 2) in relation to cybersecurity risks or Incidents (e.g. to listing authorities, the market or otherwise in their annual reports)?

In an effort to ensure transparency and good governance, in India there is a requirement for all companies, whether public or private to bring to the notice of the regulators as soon as any Incidents of data breach or cybersecurity risk are detected. The risk management actions must also be made a part of the annual report of the companies.

In fact, the SEBI guidelines specifically require that the listed companies should disclose instances of data breach or cybersecurity being compromised to the stock exchanges under the “Material Events or Information” reporting.

Similarly, the RBI also mandates the reporting of significant Incidents of data breach or cybersecurity issues at the earliest opportunity and most certainly include the same in the Annual Reports of the Banks along with the risk mitigation measures taken by the Banks.

6.1 Please provide details of any civil or other private actions that may be brought in relation to any Incident and the elements of that action that would need to be met.

While there are no specific private remedies available, the IT Act and Rules allow for statutory remedies for affected persons including civil actions under Section 43. Please refer to responses in section 1 and 2.

6.2 Please cite any specific examples of published civil or other private actions that have been brought in your jurisdiction in relation to Incidents.

There have been some instances of data breaches that have come to light in the past few years, such as the data of Air India being compromised and order details of Domino’s Pizza being leaked online. There was also a case of the COVID-19 vaccination data being leaked online due to the hacking of some Government portals and websites. However, to date, there are no reported instances of companies having been penalised for data breaches in India.

6.3 Is there any potential liability in tort (or equivalent legal theory) in relation to failure to prevent an Incident (e.g. negligence)?

The latest legislation, such as the DPDPA, is a step towards defining the roles and responsibilities of the Data Processor and Data Fiduciary. There are serious penalties prescribed under the Act in the event of failure on the part of the Data Fiduciary or Data Processor to prevent the occurrence of instances of a data breach. However, the details of how the new Act will be implemented will become clear once the Rules under this Act are notified.

Other than this, there is no legislation to define potential liability in tort in relation to failure to prevent any Incident of data breach that is attributable to negligence.

7.1 Are organisations permitted to take out insurance against Incidents in your jurisdiction?

Yes, they are. Cybersecurity insurance has now started to become almost mandatory, given the value and volume of fines being levied in different laws.

7.2 Are there any regulatory limitations to insurance coverage against specific types of loss, such as business interruption, system failures, cyber extortion or digital asset restoration? If so, are there any legal limits placed on what the insurance policy can cover?

In India, there are typically no specific regulatory restrictions preventing insurance coverage for types of losses like business interruption, system failures, cyber extortion, or digital asset restoration.

Insurance companies in India generally have the freedom to offer policies that cover a wide array of risks, including those associated with cyber Incidents and digital assets. However, the terms and conditions of these policies are subject to the regulations and guidelines established by the Insurance Regulatory and Development Authority of India (IRDAI).

The IRDAI may issue guidelines or regulations governing the structure and terms of insurance policies, including those related to cyber insurance. These guidelines could encompass requirements for disclosing information, policy language, coverage limits, and procedures for filing claims.

7.3 Are organisations allowed to use insurance to pay ransoms?

Organisations are not allowed to use insurance to pay ransoms.

8.1 Please provide details of any investigatory powers of law enforcement or other authorities under Applicable Laws in your jurisdiction (e.g. anti-terrorism laws) that may be relied upon to investigate an Incident.

Investigatory powers under the various laws

The investigatory powers of the applicable laws are mentioned in various places in the IT Act, read along with the CERT-In guidelines. The Ministry of Electronics and Information Technology specifies the functions of the agency as follows:

collection, analysis, and dissemination of information on cybersecurity Incidents;
forecast and alerts of cybersecurity Incidents;
emergency measures for handling cybersecurity Incidents;
coordination of cybersecurity Incident response activities; and
issuance of guidelines, advisories, vulnerability notes and white papers relating to information security practices, procedures, prevention, response to and reporting of cybersecurity Incidents.

The IT Act also envisages a CAT (now merged with the TDSAT) wherein any person aggrieved by the orders from the Controller or adjudicating officers can prefer an appeal. The CAT is not bound by the CPC and instead is at liberty to regulate its own procedures, limited only by the principles of natural justice and the IT Act itself. The CAT has the same powers as vested in a civil court under the CPC and, while trying a suit, such powers shall include:

Further, Section 80 of the IT Act allows the police the power to enter-search and arrest any person in contravention of the Act and having reasonably been suspected to have committed or of committing or being about to commit any offence under this Act.

The current DPDPA also envisages that the Data Protection Board will similarly function and shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, in respect of matters relating to:

summoning and enforcing the attendance of any person and examining her on oath;
receiving evidence of an affidavit requiring the discovery and production of documents;
inspecting any data, book, document, register, books of account or any other document; and
such other matters as may be prescribed.

8.2 Are there any requirements under Applicable Laws for organisations to implement backdoors in their IT systems for law enforcement authorities or to provide law enforcement authorities with encryption keys?

Yes, Section 69 of the IT Act allows the Central Government or appropriate agency on its behalf to order the subscriber or person in charge of said computer resource to extend all facilities and technical assistance to intercept, monitor or decrypt the information on a computer resource if the Central Government or agency authorised is satisfied that it is necessary or expedient to do so in the interests of:

The sovereignty or integrity of India.
The security of the State.
Friendly relations with foreign States.
Public order.
Preventing incitement of the commission of any cognisable offence – for reasons to be recorded in writing, by order, any agency of the Government is to be directed to intercept any information transmitted through any computer resource.

Section 69-A and 69-B of the IT Act provides for more such powers. Section 69-A talks of blocking of public access of any information through any computer resources, while Section 69-B talks of the power to monitor or collect traffic data or information generated transmitted, received or stored in any computer resource.

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Cyber laws in India are a crucial facet of the modern legal landscape, intricately weaving into our online experiences and shaping the legality of every action and reaction in the virtual space. Cyber laws in India encompass a spectrum of vital components, delving into cyber crimes, electronic and digital signatures, intellectual property, data protection, and privacy. In the dynamic landscape of cyberspace, understanding and navigating cyber law is essential for individuals and businesses alike. In India, the Information Technology Act of 2000 (IT Act) stands as the cornerstone, ushering in a new era of legal recognition for electronic commerce. Enacted on October 17, 2000, the IT Act not only addresses cyber crimes but also facilitates the seamless filing of electronic records with the government.

In this article you will learn more about the cyber laws in India , rules and regulations under the cyber laws, purpose, advantages, etc.

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What are the Cyber Laws?

Cyber laws in india: rules and regulations under cyber laws, the purpose of cyber laws in india, advantages of cyber laws in india.

Cyber laws, also known as cybersecurity laws or internet laws, encompass a set of legal regulations and guidelines that govern the use of the internet, digital technology, and cyberspace. These laws are designed to address various aspects of online activities, data protection, electronic transactions, and the prevention and prosecution of cybercrimes.

The Information Technology Act, 2000 (“IT Act”), which became operative on October 17, 2000, comprises cyber legislation in India. The Act’s primary goals are to expedite the filing of electronic records with the government and to provide electronic commerce with legal status. The following acts, rules, and regulations are covered under cyber laws:

Information Technology Act, 2000

Information technology (certifying authorities) rules, 2000, information technology (security procedure) rules, 2004, information technology (certifying authority) regulations, 2001.

The Information Technology Act of 2000 is like the rulebook for computers, electronic data, and the internet in India. It covers a bunch of things, from how we prove who we are online to what happens if someone does something wrong in the digital world. The Act is all about making sure our online transactions are legal and secure. The Act even got a power-up in 2008 to keep up with the changing tech world. It was like adding new levels to a game, making sure the rules stay up-to-date. This law was created to boost the IT industry, make online shopping fair, help the government go digital, and stop cybercrime. Think of it as a shield that keeps our digital space safe and sound.

This regulation addresses the licensing of certifying authorities and the protocols that they must follow. It also specified the qualifications, designations, and operations of certifying authorities. They specify the requirements that these authorities must fulfill to operate, and they lay out the licensing procedures for them. Furthermore, the regulations provide a uniform and safe environment for digital verification by precisely outlining the requirements, responsibilities, and working procedures for certifying authorities.

The regulations concerning safe digital signatures and secure electronic records are outlined in these rules. It describes strict guidelines and practices to protect the privacy and integrity of digital communications. These regulations provide a strong foundation for preserving the reliability of digital communication, including everything from safe authentication techniques to the safeguarding of electronic documents.

The regulation specifies the technical requirements and methods that a certifying authority must follow. They ensure a consistent and trustworthy approach to digital identity validation by outlining the technical specifications and procedures that certifying authorities must follow. These rules are essential to maintaining the reliability and technical soundness of certifying authorities in the digital sphere.

Cyber laws serve various purposes, covering aspects of computer and internet usage and protecting individuals from online crimes. Key areas of cyber law include:

Fraud: Cyber laws safeguard consumers from online fraud, addressing issues like identity theft and credit card crimes. Perpetrators may face criminal charges and civil actions. Cyber lawyers work to both defend and prosecute fraud allegations online.
Copyright: With the internet making copyright violations more prevalent, cyber laws play a crucial role. These laws protect individuals and companies from unauthorized use of their creative works, requiring legal action to enforce copyright protections.
Defamation: Defamation laws within cyber law protect individuals and businesses from false statements made online that can harm reputations. Cyber lawyers deal with cases where online statements cross the line into defamation, a violation of civil laws.
Harassment and stalking: Online statements that constitute harassment or stalking can violate criminal laws. Cyber lawyers handle cases where repeated threatening statements are made online, addressing both civil and criminal aspects of these violations.
Freedom of Speech: Freedom of speech is a critical aspect of cyber law. While certain online behaviors are forbidden, freedom of speech laws allow individuals to express their opinions. Cyber lawyers advise clients on the limits of free speech and may defend actions considered permissible expressions.
Trade Secrets: Companies conducting online business rely on cyber laws to protect their trade secrets. Cyber laws enable legal action against those attempting to compromise proprietary information, ensuring the protection of algorithms and other valuable assets.
Contracts and Employment Law: Cyber law is evident in the terms and conditions of websites, governing user agreements. These agreements, often related to privacy concerns, are a vital component of cyber laws, impacting users’ interactions with online platforms.

The IT Act 2000 offers strategies for handling cybercrimes and makes an effort to update obsolete legislation. Such restrictions are necessary to allow customers to use credit cards for online purchases without worrying about them being misused. The Act provides the much-needed legal framework to ensure that information stored in electronic records is not excluded from having legal effect, validity, or enforceability.

There are several benefits to the IT Act 2000 and its provisions from the standpoint of Indian e-commerce. First, these provisions would mean that email would now be recognized as a legitimate and lawful means of communication in our nation, one that can be properly generated and accepted in a court of law. This would have significant ramifications for e-businesses.
Businesses can now use the legal framework that the Act provides to conduct internet commerce.
The Act has granted digital signatures legal recognition and legitimacy.
The Act gives corporations the ability to electronically file any form, application, or other document with any office, authority, body, or agency that is owned or managed by the relevant government by using any electronic form that the relevant government may specify.
The crucial security concerns that are essential to the success of electronic transactions are likewise covered by the IT Act. The concept of safe digital signatures, which must have gone through a security procedural system as determined later by the government, now has a legal definition according to the Act.
Corporates will now be able to access a statutory remedy under the IT Act, 2000, in the event that someone breaches their computer systems or network and copies or damages data. The Act provides monetary damages up to a maximum of Rs. 1 crore as the remedy.
The Act makes it possible for corporate entities to become certifying authorities and issue certificates for digital signatures.
The Act has ushered in e-governance by enabling the government to publish notifications online.

Conclusion – Cyber Laws in India

The new dimension that computers provide to criminal law presents a number of issues for law enforcement. Law enforcement’s primary issue is the necessity for proper training to combat these crimes. More resources are required as a result. Compared to previous research procedures, new methodologies demand a higher degree of technical complexity . Sometimes data is encrypted, which makes it more difficult for law enforcement to access the contents of the material. Companies may be worried about the negative publicity that could result from a system breach. Unauthorized access to a computer system can often leave the individual or organization whose system was compromised unaware. Even if not everyone becomes a victim of cybercrime , they are nevertheless in danger.

FAQs on Cyber Laws in India

1. what are the main cyber laws in india.

The Information Technology Act, 2000 (IT Act), which came into effect on October 17, 2000, contains cyber legislation in India. The Act’s primary goals are to give electronic commerce legal legitimacy and to make it easier for people to file electronic records with the government.

2. How many cyber laws are there?

There are five primary categories of laws pertaining to cybersecurity that need to be adhered to. In nations like India, where internet usage is rife, cyber regulations are becoming more and more significant.

3. What are cyber laws?

The term “cyber law,” often known as “cyberlaw,” refers to the legal concerns surrounding the use of communications technology, namely “cyberspace,” or the Internet.

4. What was India’s first cyber crime?

Yahoo v. Akash Arora was one of the first instances of cybercrime in India. This instance happened in 1999. A permanent injunction was requested in this case because defendant Akash Arora was allegedly utilizing the trademark or domain name “yahooindia.com.”

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