Law It Act

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  • Topic: Fraud, Computer crime, Online predator
  • Pages : 42 (13677 words )
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  • Published : February 11, 2013
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The Act rather than giving information and technology gives rise to cyber crime.


The Act rather than giving information and technology gives rise to cyber crime.



Table of Contents
The Information Technology Act, 20005
Positive Aspects of Information Technology Act:9
Rise of Cyber Crime11
Statistics and Facts18
Case Study28
Case Study 128
Case study 229
Case Study 331
Case study 433
Case Study 534
Case study 636
Case Study 739
Role of Information Technology in the Banking Sector48


New communication systems and digital technology have made dramatic changes in the way we live and the need to transact our daily business. There is a remarkable change in the way people transact business. Businessmen are increasingly using computers to create, transcript and store information in electronic form instead of traditional paper documents. It is cheaper, easier to store and retrieve and speedier to communicate. Although people are aware o the advantages which the electronic form of business provides, people are reluctant to conduct business or conclude and transact in the electronic form due to lack of appropriate legal framework. Electronic commerce eliminates need for paper based transaction. The two principle hurdles which stand in the way of facilitating electronic commerce and electronic governance are the requirements of writing and signature for legal recognition. At present many legal provisions assume the existence of paper based records and documents which should bear signatures. The Law of Evidence is traditionally based upon paper based records and oral testimony. Hence, to facilitate e-commerce, the need for legal changes has become an urgent necessity. International trade through the medium of e-commerce is growing rapidly in the past few years and many countries have switched over from traditional paper based commerce to e-commerce.

The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on Electronic Commerce in 1996. The General Assembly of United Nations by its Resolution No. 51/162, dated 30th January, 1997, recommended that al states should give favorable considerations to the said Model Law when they enact or revive their laws. The Model Law provides for equal legal treatment of users of electronic communication and paper based communication. Pursuant to a recent declaration by member countries, the World Trade Organization is likely to form a work programme to handle its work in this area including the possible creation of multilateral trade deals through the medium of e-commerce. The Government of India realized the need for introducing a new law and for making suitable amendments to the existing laws to facilitate e-commerce and giving legal recognition to electronic records and digital signatures. The legal recognition to electronic records and digital signatures in turn will facilitate the conclusion of contracts and the creation of legal rights and obligation through the electronic communication like internet. This gave birth to the Information Technology Bill, 1999. In May 2000, both the houses of the Indian Parliament passed the Information Technology Bill. The Bill received the assent of the President in August 2000 and came to be known as The Information Technology Act, 2000. Cyber Laws are contained in the IT Act, 2000. This act aims to provide the legal infrastructure for e-commerce in India and would have a major impact for e-businesses and the new economy in India. Therefore, it is important to understand what the various perspectives of the IT Act, 2000 are. The Information Technology Act, 2000 also aims to provide the legal framework under which legal sanctity is accorded to all electronic records and other...