In the 49th year of Indian independence, Internet was commercially introduced in India. The beginnings of Internet were small and the growth of subscribers painfully slow.
However, as internet has grown, the need has been felt to enact the relevant Cyber laws, which are necessary to regulate Internet in India. This need for Cyber laws was propelled by numerous factors.
Firstly, India has an extremely detailed and well-defined legal system in place. Numerous laws have been enacted and implemented and the paramount among them is The Constitution of India. We have various laws like Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Banker’s Book Evidence Act, 1891, The Reserve Bank of India Act, 1934, The Companies Act, 1956 and so on. However, the arrival of Internet signaled the beginning of the rise of new and complex legal issues. It may be pertinent to mention that all the existing laws in place in India were enacted keeping in mind the relevant political, social, economic, and cultural scenario of that time. Nobody then could really visualize the emergence of the Internet. Despite the brilliant acumen of our master draftsmen, the requirements of cyberspace could hardly be anticipated. The advancement led to the emergence of numerous ticklish legal issues and problems, which necessitated the enactment of Cyber Laws.
Secondly, the existing laws of India could not be interpreted in the light of the emerging cyberspace, to include all aspects relating to different activities in cyberspace.
Thirdly, none of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email purposes.Yet, e-mail was not “legal” in our country. There was no law in the country, which accorded legal sanctity to e-mail and the electronic format. The judiciary in our country had been reluctant to grant judicial recognition to the legality of e-mail in the absence of any specific law having been enacted by Parliament on the subject. Thus the need arose for enacting Cyber Law in our country.
Fourthly, Internet requires an enabling and supportive legal infrastructure in time with the times. This legal infrastructure can only be given by the enactment of the relevant Cyber Laws as the traditional laws have failed to provide it. E-commerce, the biggest future of Internet, can only be possible if necessary legal infrastructure complements the same to enable its vibrant growth. As such, an urgent need was felt for enacting Cyber Law in our country.
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Significance of cyber laws | Importance of cyber laws
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