In view of fast increasing threat to national security, a day long conference organised by ASSOCHAM recently in New Delhi on 'Cyber Security & Cyber Law' has unanimously recommended formation of international court for cyber crimes and independent cyber police department in India.
It has also recommended that Cyber Appellate Tribunal should also be empowered with more teeth to ensure that all its judgments can only be challenged in the Supreme Court of India and not referred to High Courts as is the practice as of now.
In addition, it called for constitution of International Court of Cyber Justice since cyber crimes have no borders for which India should take a lead because it happens to be one of the leaders in the field of Information Technology in the world.
The consensus view amongst the experts was that in view of increasing cyber crimes, Indian government needs to evolve a National Security Policy which should be implemented in all government departments with perfect harmony and awareness. The cyber crimes cannot be effectively handled unless the proposed policy is put in place.
Praveen Duggal, Chairman ASSOCHAM Cyber Law Committee and a Senior Supreme Court Advocate emphasized that IT Act originally provided for grant of no bail on guilt for committing cyber crimes. However, IT Amendment Act of 2008 which became operational in December 2009, made such crimes bailable. As a result, cyber criminals are not dealt with stringent provisions of law and often escape the legitimately required punishment. This needs to be reviewed and cyber crimes made non-bailable so that it works as a strong deterrent for those who intend to commit such crimes.