JURISDICTORIAL COMPLEXITIES PERTAINING TO INDIAN INFORMATION TECHNOLOGY ACT 2000- THE QUESTION OF ENFORCEBILITY ABSTRACT: AKSHAI MANI1

Modern times have witnessed the rise of technology to the maximum. This new century has been greeted with tremendous scientific advancement leading to a transformation in the life of an individual. Technology is shaping the way business and consumers will interact in the future, commerce has gone electronic. It is still at the development stage requiring the nations to keep pace with the latest advancements. Law has to also keep pace with the development in every sphere as it is to be emphasized that with success and growth, more challenges are presented to the legal systems. Success in any field of human activity leads to crime that needs mechanisms to control it. Legal provisions should provide assurance to users, empowerment to law enforcement agencies and deterrence to criminals. The law is as stringent as its enforcement. Crime is no longer limited to space, time or a group of people. Cyber space creates moral, civil and criminal wrongs. It has now given a new way to express criminal tendencies resulting in the emergence of new forms of trans-national crimes known as cyber crimes. Cyber crimes have virtually no boundaries making all nations open victims to such threats and tremendous loss, posing one of the most difficult challenges before law enforcement machinery. Cyber Crimes are a new class of crimes to India, rapidly expanding due to extensive use of internet. Procuring the right lead and making the right interpretation are very important in solving a cyber crime. The 7 stage continuum of a criminal case starts from perpetration to registration to reporting, investigation, prosecution, adjudication and execution. The system can not be stronger than the weakest link in the chain. But the relationship between legal/constitutional order and science/technology is wholly unexplored in India. The shift from paper-based to electronic transaction has raised
1

The author is currently pursuing graduation BL(Hons) in SCHOOL OF EXCELLENCE under TAMILNADU DR. AMBEDKAR LAW COLLEGE. He has finished graduation in Commerce as B.Com in RAMAKRISHNA MISSION VIVEKANANDA COLLEGE affiliated to UNIVERSITY OF MADRAS.

questions concerning the recognition, authenticity and enforceability of late specific forms of documents handling forms and signatures. Till year 2000, India did not have any legislation governing cyber space or Information Technology Law. In consideration to the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law (UNCITRAL) and to give legal recognition to electronic commerce the Information Technology Act, 2000 was enacted which was further amended in December 2008. Though this is comparatively a new legislation as far as others areas of law are concerned, still eight years have passed since this act was enacted and in these years technology has changed at a much faster pace. The societys interest in protection from and prevention of crimes committed through the Internet and on computers, as well as societys demand for secure networks the interest of those who wish to maintain their civil liberties, such as privacy and free speech, while on the Internet, and protections against selfincrimination. The need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society against cyber-crime, inter alia by adopting appropriate legislation and fostering international co-operation; Conscious of the profound changes brought about by the digitalisation, convergence and continuing globalisation of computer networks. Concerned at the risk that computer networks and electronic information may also be used for committing criminal offences and that evidence relating to such offences may be stored and transferred by these networks. Recognising the need for co-operation between States and private industry in combating cyber-crime and the need to protect legitimate interests in the use and development of information technologies. Believing that an effective fight against cyber-crime requires increased, rapid and well-functioning international co-operation in criminal matters. The paper concludes by mindful of the need to ensure a proper balance between the interests of law enforcement and respect for fundamental human rights and Jurisdiction over cyber crimes should be standardised around the globe to make swift action possible against terrorists whose activities are endangering security worldwide.