Cyber law of India was originally enacted in the year 2000 in the form of Information Technology Act, 2000 (IT Act 2000). The same was dealing with certain specific (not all) cyber crimes including hacking.Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the Information Technology Amendment Act 2008 (IT Act 2008) the things have become worst.
The IT Act 2008 made almost all the offences and cyber crimes “bailable” It means that even after committing hacking or practically any other and all cyber crimes in India, there is no deterrent effect to prevent them.
According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, by making the offences and cyber crimes “bailable” India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.
It is clear that by succumbing to “industrial lobbying” the government of India has done great damage to the national security of India and cyber security of India. There is nothing that would prevent India from becoming the cyber crime heaven of the World in these circumstances unless a suitable amendment in the IT Act 2000 is made as soon as possible, says Praveen Dalal.
