Legal Question in Intellectual Property in India

Re: Cyber laws-can they be regulated by domestic legal regime?An analysis.

Cyber space in India is primarily regulated by Information Technology Act 2000 , but it is not the last word. Indian Penal Code, Civil Procedure Code , Indian Contract Act, Sales of Goods Act , Evidence Act, Code of Criminal Procedure, Negotiable Instruments Act, Indian Registrations Act etc. are major legislations , which apply to and have bearing on even on e-contracts or contracts made by companies or independent individual. Therefore , cyber space though is largely controlled by Information Technology Act , 2000 ( As amended upto date ) , but the traditional laws mentioned above do come into play.

The legal and administrative machinery , though , in a developing stage , is now coming into its own. Delhi , the capital of India , has a Cell dedicated to "cyber crimes". CBI has a cell dealing with cyber crimes . Banglore has a "Cyber police station" and the criminal acts are dealt by a senior police office ie. DSP level , therefore the legislation wants to avoid , any mis-application of law . In brief , cyber laws , are successfully being regulated locally ie. by Indians , in India .

Copyright � M.S.Oberoi Advocate Nov 2005