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I International Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456International Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456nternational Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456-6470 | IF: 4.101

innumerable transactions. In this competitive Era, to innumerable transactions. In this competitive Era, to reach of law to almost all the online criminal activities reach of law to almost all the online criminal activities
promote the trade & business, internets facilitates promote the trade & business, internets facilitates and increasing awareness among the people. It is and increasing awareness among the people. It is
convenience and give access to the world of convenience and give access to the world of primarily enacted for the promotion of Eprimarily enacted for the promotion of E-commerce to
technology. Today most of the transactions and technology. Today most of the transactions and meet the needs of globalization and liberameet the needs of globalization and liberalization of
communications are made via cyber space and are nications are made via cyber space and are the economy. The Act suffers from some lacunas as it the economy. The Act suffers from some lacunas as it
carried via electronic means. This act has introduced a carried via electronic means. This act has introduced a doesn’t provide adequate security against webdoesn’t provide adequate security against web-
legal framework to authenticate, supervise, secure legal framework to authenticate, supervise, secure transaction nor does it contain adequate provisions to transaction nor does it contain adequate provisions to
electronic records by way of digital signature electronic records by way of digital signature prevent security frauds, stock confidentiality, in the prevent security frauds, stock confidentiality, in the
encryption modes etc. internet trading.

Thus IT Act 2000 has both positive and negative The survey was conducted by the researcher to study conducted by the researcher to study
aspects as well. After finding lot of shortcomings in aspects as well. After finding lot of shortcomings in the lacunas in the cyber Act. For this purpose the the lacunas in the cyber Act. For this purpose the
IT Act 2000, amendment is done in Rajya Sabha on IT Act 2000, amendment is done in Rajya Sabha on opinion of total 20 advocates who are currently opinion of total 20 advocates who are currently
rd
Dec 23 of 2008. This Act was renamed as IT of 2008. This Act was renamed as IT practicing in different cities and handling the cases of practicing in different cities and handling the cases of
(Amendment Act 2008) and referred as ITAA 2008. (Amendment Act 2008) and referred as ITAA 2008. cyber crime were considered. As per their view, there cyber crime were considered. As per their view, there
The amendment is made to IT Act in 2008 to proThe amendment is made to IT Act in 2008 to provide are some lacunas in the Act.
relief to computer owners/users by extending the relief to computer owners/users by extending the

Table no 7: Opinions of respondent’s regarding provisions of IT ActOpinions of respondent’s regarding provisions of IT ActOpinions of respondent’s regarding provisions of IT Act
Opinions of Respondents Agree NeutralNeutral Disagree Wt
3 2 1 avg
1. The amended IT Act is sufficient to tackle with all cyber crimes in to tackle with all cyber crimes in 3 2 15 1.40
India.
2. The amended IT Act defines hacking or hacker clearly 2. The amended IT Act defines hacking or hacker clearly 4 1 15 1.45
3. The amended Act clearly defines the jurisdiction of E3. The amended Act clearly defines the jurisdiction of E-contracts. 1 2 17 1.20
4. There is provision of stamp duty on E4. There is provision of stamp duty on E-contracts in IT Act. 0 1 19 1.05
5. There are separate provisions regarding online defamation and 5. There are separate provisions regarding online defamation and 0 3 17 1.15
claim for compensation in sec 43.
6. The Act covers all the sections with regard to jurisdiction of courts 6. The Act covers all the sections with regard to jurisdiction of courts 2 2 16 1.30
over the parties operating in different countriescountries.
7. The amended Act deals with the issues of E7. The amended Act deals with the issues of E-Discovery of evidence. 2 2 16 1.30
8. The IT Act deals with spam issues. 3 1 16 1.35
9. Sec 79 & the rules framed in the IT Act are clear & complete rules 9. Sec 79 & the rules framed in the IT Act are clear & complete rules 5 1 14 1.55
for Internet Café.
10. The IT Act deals with pornography by foreign websites10. The IT Act deals with pornography by foreign websites. 0 2 18 1.10
11. The IT Act deals with crimes of spreading 11. The IT Act deals with crimes of spreading 0 1 19 1.00
of virus and worms by websites of foreign originof virus and worms by websites of foreign origin.
12. The IT Act deals with crime of selling banned medicines & 12. The IT Act deals with crime of selling banned medicines & drugs 2 2 16 1.05
13. The IT Act deals with crimes like selling devices harmful for 13. The IT Act deals with crimes like selling devices harmful for 1 1 18 1.30
nation’s security.
14. The Act provides for separate legal jurisdiction for cyber world14. The Act provides for separate legal jurisdiction for cyber world. 0 0 20 1.15
15. The Act provides for authorized cyber forensic tools for 15. The Act provides for authorized cyber forensic tools for 0 2 18 1.00
investigation.
16. Clear guidelines have been issued to lower courts to tackle with 16. Clear guidelines have been issued to lower courts to tackle with 7 3 10 1.10
cyber cases.
17. There is unification of internet laws 17. There is unification of internet laws 6 3 11 1.85
18. The required powers have been rendered to police for entering & 18. The required powers have been rendered to police for entering & 5 5 10 1.75
searching private places
Total respondents 20 20 20

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