The cyber space is a vivid world that has material to fulfill all aspects of people’s lives. This has lead to increase in crimes being committed in the cyber world which fact has necessitated enactment of laws to curb the menace. These crimes are not limited to a particular territory and the criminals know no boundary.

In India, Information Technology Act, 2000 and the Indian Penal Code are the major laws that address the issues of cyber crimes. These laws are amended to meet the threat of ever growing cyber crimes. In an attempt to sharpen the teeth of Information Technology Act, the Lok Sabha passed an amendment as the earlier act was found inadequate to tackle new forms of cyber crimes.

This is the second amendment to the Information Technology Act since 2006. The amendment passed in 2006 had shortcomings and therefore a parliamentary standing committee was constituted to recommend further amendments. The recent amendment has given rise to discontent among the citizens.

In the recent amendment, the parliament has given serious thought to obscenity and explicitly sexual material, data security, e-commerce frauds and confidentiality in cyber space. It also provides for establishment of cyber appellate authority. The amendment empowers the government to intercept the communication that takes place between any two individuals. The owner of a computer becomes liable for criminal action, if illegal and offensive material is found in it even if he had just received it. Complaints may now be investigated by lower level officials. The scope and severity of the law have been increased.

Due to paucity of time, the amendment was passed by the House in a hurry without discussion. It was not subjected to public opinion before passing of the amendment.

If the amendment has to succeed in its aim, the personnel concerned should be trained for carrying out thorough investigation and bring to book the criminals. As more and more cases are likely to come up, the investigative machinery has to be expanded.

This amendment has generated resentment among the people of India. Their liberty is threatened. Freedom of expression is the fundamental right of a citizen but this very right is put to jeopardy by this amendment. By mere receipt of an illegal material, it cannot be said that the owner of the computer had participated in the criminal act.

It is often experienced that some officials in the government machinery misuse the provisions by harassing the innocent citizens for personal gains. There are no safeguards in the bill to protect the citizens’ rights. As the all important amendment is passed without any discussion, it is doubtful if all its provisions will stand legal and constitutional scrutiny. Whereas the intention of the law is good and timely, its implications are bad.

It would have been better if the government was well advised by the concerned authorities to look into the implementation aspect before passing the amendment.