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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

The weighted average mean of the responses on the The weighted average mean of the responses on the Email and media are the means of communication l and media are the means of communication
with each other to conduct and carry on the ith each other to conduct and carry on the
different issues were calculated which are below 1.5 different issues were calculated which are below 1.5 w
in most of the responses. Through the weighted in most of the responses. Through the weighted business. As per the opinion of advocates, IT act usiness. As per the opinion of advocates, IT act
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average mean of responses, the researcher has average mean of responses, the researcher has doesn’t provide for E-discovery.discovery.
concluded that there are some lacunas in IT Act 2000 concluded that there are some lacunas in IT Act 2000
6. Spam issues are increasing rapidly but IT Act has Spam issues are increasing rapidly but IT Act has
and ITAA 2008. While discussing with advocates, A 2008. While discussing with advocates,
not dealt with these issues in a detot dealt with these issues in a detailed manner.
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researcher come to know some ground realities and researcher come to know some ground realities and As there is no clear definition of the word spam. s there is no clear definition of the word spam.
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shortcomings in the IT Act. Accordingly following shortcomings in the IT Act. Accordingly following T
The practice of sending unsolicited email is he practice of sending unsolicited email is
observations regarding the IT Act in India are observations regarding the IT Act in India are
getting common in India which is also amounts to etting common in India which is also amounts to
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recorded.
breach of individual’s right to privacy on the net. reach of individual’s right to privacy on the net.
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1. The IT Act is not sufficient to tackle with all types The IT Act is not sufficient to tackle with all types
The legislature did not think of taking exclushe legislature did not think of taking exclusive
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of cyber crimes in India. Even the amended Act cyber crimes in India. Even the amended Act cognizance to this huge menace. ognizance to this huge menace.
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2008, is lacking in defining the: hacking” and 2008, is lacking in defining the: hacking” and
“hacker” clearly. The only IT Act is not sufficient “hacker” clearly. The only IT Act is not sufficient 7. Selected respondents said that, the obligations Selected respondents said that, the obligations
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to tackle all types of cyber crimes. For publication to tackle all types of cyber crimes. For publication under section 79 and rules framed there in for nder section 79 and rules framed there in for
of harmful contents or such sites, we have IPC, of harmful contents or such sites, we have IPC, i intermedatories are applicable to cyber cafes. But ntermedatories are applicable to cyber cafes. But
Communication Decency law, Data Protection n Decency law, Data Protection t they replied that the rules are incomplete rules hey replied that the rules are incomplete rules
Act. IPC & CPC etc deal with the many subjects Act. IPC & CPC etc deal with the many subjects which need further rules at state government level s at state government level
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therefore therefore lacks lacks efficient efficient enforceability enforceability to control and prevent the cyber crimes. o control and prevent the cyber crimes.
mechanism. 8. The crime of pornography by foreign websites is The crime of pornography by foreign websites is
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2. According to the respondents, IT Act doesn’t According to the respondents, IT Act doesn’t let loose in the Act. It has not covered, nor et loose in the Act. It has not covered, nor
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clearly defined electronic contracts in the Act, clearly defined electronic contracts in the Act, discussed, nor being penalized. This will lead to iscussed, nor being penalized. This will lead to
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Cross border contract since click wrap contracts k wrap contracts Indian cyber criminals to host their pornndian cyber criminals to host their pornography
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are not legally recognized as equivalent to are not legally recognized as equivalent to related websites on foreign shores without being elated websites on foreign shores without being
accounted for Indian Territory. ccounted for Indian Territory.
digitally signed contract. When we checkdigitally signed contract. When we check-in for a
website, we commonly click on agree to terms of website, we commonly click on agree to terms of 9. Spreading of viruses and worms is a severe Spreading of viruses and worms is a severe
contract. This is a contract without stamp duty. contract. This is a contract without stamp duty. cybercrime. But it’s very difficult to detect cyber ybercrime. But it’s very difficult to detect cyber
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None of the E- contract contains stamp duty. contract contains stamp duty. crimes committed by websites of foreign origin rimes committed by websites of foreign origin
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There is no provision related to stamp duty on is no provision related to stamp duty on
like spreading of viruses and worms from abroad. s and worms from abroad.
electronic contract i.e. E-stamp duty. stamp duty.
10. The IT Act doesn’t cover online selling of banned The IT Act doesn’t cover online selling of banned
3. We hear many cases of online defamation to many We hear many cases of online defamation to many m
medicines and drugs which is a serious offence. A edicines and drugs which is a serious offence. A
people. This occurs when defamation takes place people. This occurs when defamation takes place s
separate NDPC Act deals with this issue. It also eparate NDPC Act deals with this issue. It also
with the help of computers and internet. There with the help of computers and internet. There not touched the online selling devices which are ot touched the online selling devices which are
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was no any clause under section 43 of the Act, 43 of the Act,
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harmful for our nation’s internaarmful for our nation’s internal security is not
which describes online defamation and provision which describes online defamation and provision described in the IT Act. These issues are tackled escribed in the IT Act. These issues are tackled
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for compensation for cyber defamation. for compensation for cyber defamation. by Indian Arms act.
4. The Act lacks in catching the cyber criminal ho The Act lacks in catching the cyber criminal ho 11. The advocates opinioned that the IT Act doesn’t The advocates opinioned that the IT Act doesn’t
commits crimes sitting at another continent. IT commits crimes sitting at another continent. IT h
have clear sections regarding jurisdiction of courts ave clear sections regarding jurisdiction of courts
Act should applicable to all the persons Act should applicable to all the persons
over the parties staying and operating in different ver the parties staying and operating in different
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irrespective of their nationality (i.e. non citizens their nationality (i.e. non citizens jurisdiction or countries.
also) who commit offence under the IT Act also) who commit offence under the IT Act
outside India, provided the Act or conduct outside India, provided the Act or conduct 12. There is no provision of establishing separate There is no provision of establishing separate
courts for handling cyber crimes. There is a need ourts for handling cyber crimes. There is a need
constituting the offence or contravention involves constituting the offence or contravention involves c
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computer, computer system, or computer network computer, computer system, or computer network to form cyber crime courts for criminal trials.o form cyber crime courts for criminal trials.
located in India under sec 1 & Sec 75 of IT Act. c 75 of IT Act. 13. The present Act has no provisions regarding The present Act has no provisions regarding
This provision lacks practical value until and This provision lacks practical value until and a
authorized cyber forensic tools to be used in uthorized cyber forensic tools to be used in
unless the person can be extradited to India. unless the person can be extradited to India. investigation. Due to this, investigation agency gation. Due to this, investigation agency
may face problems in getting evidences and ay face problems in getting evidences and
5. The amended IT Act 2000 has not dealt with the The amended IT Act 2000 has not dealt with the m
issues related to E-discovery. Most of the discovery. Most of the i identification, location, prevention and extraction dentification, location, prevention and extraction
of digital information from a computer system to f digital information from a computer system to
organizations are relying upon digital evidence. organizations are relying upon digital evidence. o
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get a digital evidence to produce before the court. et a digital evidence to produce before the court.
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