India became independent on 15th August, 1947. In the 49th year of Indian independence, Internet was commercially introduced
in our country. The beginnings of Internet were extremely small and the growth of subscribers painfully slow. However as
Internet has grown in our country, the need has been felt to enact the relevant Cyberlaws which are necessary to regulate
Internet in India. This need for cyberlaws was propelled by numerous factors.
Firstly, India has an extremely detailed and well-defined legal system in place. Numerous laws have been enacted and
implemented and the foremost amongst them is The Constitution of India. We have interalia, amongst others, the Indian Penal
Code, the Indian Evidence Act 1872, the Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934, the
Companies Act, and so on. However the arrival of Internet signalled the beginning of the rise of new and complex legal
issues. It may be pertinent to mention that all the existing laws in place in India were enacted way back keeping in mind the
relevant political, social, economic, and cultural scenario of that relevant time. Nobody then could really visualize about
the Internet. Despite the brilliant acumen of our master draftsmen, the requirements of cyberspace could hardly ever be
anticipated. As such, the coming of the Internet led to the emergence of numerous ticklish legal issues and problems which
necessitated the enactment of Cyberlaws.
Secondly, the existing laws of India, even with the most benevolent and liberal interpretation, could not be interpreted in
the light of the emerging cyberspace, to include all aspects relating to different activities in cyberspace. In fact, the
practical experience and the wisdom of judgment found that it shall not be without major perils and pitfalls, if the existing
laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyberlaws. As such, the need for
enactment of relevant cyberlaws.
Thirdly, none of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net
is used by a large majority of users for email. Yet till today, email is not "legal" in our country. There is no law in the
country, which gives legal validity, and sanction to email. Courts and judiciary in our country have been reluctant to grant
judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. As
such the need has arisen for Cyberlaw.
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