Cyber Laws In India

Cyber laws in India are very much required especially to manage the culpable dealings of big corporate houses. IT frauds and cyber crimes in Indian companies are increasing at a great speed. Currently there is no cyber due diligence for Indian companies that has been mandatorily provided by the Indian Companies Act, 1956.

The Information Technology Act, 2000 (IT Act 2000) is the sole cyber law of India. The companies in India are required to follow cyber law due diligence in India and cyber security due diligence in India. In the absence of proper due diligence these companies may find themselves in trouble.

Indian companies are neither prepared nor willing to deal with these sophisticated technology crimes and organised crimes. Recently the companies bill 2011 was tabled in lok sabha that carried few reformatory provisions in this regard. It was planned to give more powers to serious frauds investigation office (SFIO) of India. Under the proposed companies bill 2011, SFIO had been given a statutory recognition. However, the bill failed to become law and the position still remains gloomy.

Cyber crimes in India are increasing unchecked. However, efforts to curb the same are still far from satisfactory. In fact, by making almost all the cyber crimes and cyber contraventions under the IT Act 2000 bailable, Indian government has further complicated the situation. In fact, experts have been demanding that cyber law of India should be repealed and new and better laws must be enacted.

We need separate and dedicated legal frameworks in India. For instance, e-commerce laws in India, social media laws in India, e-governance laws in India, cyber security laws in India, cyber forensics laws in India, e-discovery laws in India, digital evidencing laws in India, etc must be enacted separately.

In short, cyber law of India must be given an importance that it deserves. Presently, it is given a piecemeal treatment that is not conducive for its long term growth in India.

E-Discovery Laws And Practices In India

Electronic discovery or e-discovery is a crucial component of corporate management, litigation services, response management, cyber security and so on. E-discovery is used for multiple purposes and by varied organisations and individuals these days.

E-discovery has many purposes to achieve. It can be used as an effective measure to prevent frauds from being committed by timely detection of suspicious activities. It can also be used for detection of these frauds and crimes after their commission. Thus, e-discovery is both preventive and curative in nature. However, despite the significance of this field, e-discovery in India has yet to get attention of Indian companies, individuals and law firms of India.

Even on the front of legal framework we have no e-discovery laws in India as well as e-discovery regulations in India. This is despite the fact that e-discovery is an important part of outsourcing industry of India. This has lead to a limited growth of e-discovery related legal process outsourcing (LPO) and knowledge process outsourcing (KPO) firms and organisations in India. There are very few firms in India that are providing e-discovery related LPO and KPO services in India.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we understand the importance of e-discovery solutions and litigation services to various organisations and individuals. In fact, PTLB is the exclusive institution that is providing techno legal e-discovery related solutions and litigation services. We consider both technical as well as legal aspects of e-discovery and digital evidencing in depth so that acquired information has “probative and evidentiary value”.

E-discovery should never be a simple discovery but it must be undertaken in such a manner that it meets the requirements of “admissibility” in a court of law. Many times e-discovery is not done properly and this results in the evidence acquired being held inadmissible by the courts.

Before hiring the services of a law firm, be sure to ensure that it has techno legal expertise to manage your e-discovery related assignment.