Dispute resolution mechanism of cyber laws in India

Cybercrime, such as phishing, identity theft, and fraud, has increased dramatically in recent years. India had a 37 percent read this increase in the number of cyberattacks in the previous year alone. Cybercrime is anticipated to become more prevalent in the future. This emphasises the need for more effective and deterrent legal structures, as well as stricter legislation, to combat cybercrime. In this situation, it becomes intriguing, if not vital, to examine the country’s existing cybersecurity legislation to see if they provide adequate protection against these crimes. The present article discusses cyber laws in India thereby specifically throwing light on dispute resolution mechanisms under the Information Technology Act, 2000 (IT Act, 2000).

Cyber laws in India : an insight
Cyber regulations are especially important in nations like India, where the internet is widely utilised. Cyber laws are in place to regulate the digital exchange of information, software, information security, e-commerce, and monetary transactions. India’s cyber laws have paved the way for electronic commerce and electronic governance in the nation, as well as increased the scope and use of digital media, by ensuring optimum connection and reducing cybersecurity risks. But there are several detriments that walk along with the existing laws as well. There are predominantly four cyber laws that India embraces:

Information Technology Act, 2000 : The Information Technology Act, which was enacted in 2000, governs Indian cyber legislation. The main goal of this Act is to provide eCommerce with trustworthy legal protection by making it easier to register real-time information with the government. However, as cyber attackers became more cunning, coupled with the human predisposition to misuse technology, a number of adjustments were made.

Companies Act, 2013 : The Companies Act, 2013 gave the SFIO (Serious Frauds Investigation Office) the authority to prosecute Indian corporations and their directors on account of cyber frauds. SFIOs have also become much more stringent and harsh in this area after the promulgation of the Companies Inspection, Investment, and Inquiry Rules, 2014. All regulatory compliances, including cyber forensics, e-discovery, and cybersecurity diligence, are well-covered by the law. The Companies (Management and Administration) Rules, 2014 establishes robust requirements for corporate directors and executives in terms of cybersecurity obligations and responsibilities.

Indian Penal Code (IPC), 1860 : The Indian Penal Code (IPC), 1860, along with the Information Technology Act, 2000 are both used to prosecute identity theft and related cyber offences. False documentation (Section 464), forgery (Section 465), forgery pre-planned for defrauding (Section 468), reputation harm (Section 469) and presenting a forged document as real (Section 471), are the main provisions of the IPC that concern cyber scams.

Cybersecurity Framework (NCFS) : The most trusted worldwide certifying organization, the National Institute of Standards and Technology (NIST) has approved the Cybersecurity Framework (NCFS), which provides a standardized approach to cybersecurity. The NIST Cybersecurity Framework includes all necessary rules, standards, and best practices for effectively managing cyber-related risks. The flexibility and cost-effectiveness of this system are top priorities.

Among the aforementioned laws, the Informational Technology Act, 2000 remains much in discussion owing to being the only data protection law India carried with it for several years now. When we talk about the dispute resolution mechanism, it is this Act that comes into the discussion, as for others, general civil and criminal procedures are abided by.