Challenges of Information Technology to the Criminal Justice System of India

13 Pages Posted: 26 Apr 2011

See all articles by Dr. Gagandeep Kaur

Dr. Gagandeep Kaur

School of Law, University of Petroleum and Energy Studies; Guru Nanak Dev University, Amritsar

Date Written: April 26, 2011

Abstract

Information Technology is an outcome of the nexus between the Computer Technology and the Communication Technology which has grown as silver fiber in the world of Technology. Information technology represents the fourth generation of human communication after sight, oral and written communication. The Internet, as with all path-breaking technological developments gives us all the opportunity to act as a global community; advertise and operate across all frontiers; over boarders and beyond the control of any national government. The security concerns, computer abuse and the side effects of this technology, have moved to the forefront of the consciousness of law enforcement agencies. India is one of the very few countries in the world to have legislated Cyber Laws. The inherent vulnerability of lies in its misuse in the form of Internet paedaphilia, computer network break-ins, pornography, password sniffing, spoofing, telecommunication frauds, spamming, mail bombing, software piracy, advertisement of unlicensed products, credit card fraud, cyber terrorism, cyber laundering and hacking of computers. The internet with all its benefits of reliability, convenience and anonymity has become an appropriate breeding place for persons interested in illegal use of IT. Traditional legal systems have led great difficulty in keeping pace with the rapid growth of the internet and its impact throughout the world. Existing legal frameworks are constantly being challenged by technological advancements. This has created a need to constantly update and adapt the way in which we organize ourselves in order to maintain overall control of its domestic affairs and national interests. Again law is most vigorous armament for controlling malicious use of IT. However, the Cyber law itself in India is not up to the mark. The technological threats have challenged our Indian Legal System.In this paper the challenges of Technology as well as loopholes in the IT Act is highlighted. It is suggested that we are living in global village - it is only because of information and communication technologies. Police investigation and Computer forensic investigation are two important weapons to deal with these transboundry crimes. Thus in the information age, significant opportunities for gain exist for those who are best able to utilize both technology and information. “Let us train our minds to desire what the situation demands” Seneca

Keywords: Cyber Crime, IT, Technology

Suggested Citation

Kaur, Gagandeep, Challenges of Information Technology to the Criminal Justice System of India (April 26, 2011). Available at SSRN: https://ssrn.com/abstract=1823268 or http://dx.doi.org/10.2139/ssrn.1823268

Gagandeep Kaur (Contact Author)

School of Law, University of Petroleum and Energy Studies ( email )

Energy Acres, Bidholi
Via- Prem Nagar
Dehradun, Uttrakhand 248007
India

Guru Nanak Dev University, Amritsar ( email )

Amritsar
Amritsar
India
7895114831 (Phone)

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