by Police - Bureau of Police Research and Development

The Indian Police Journalprovisions established by Law, but the provisions under theSection is not enough to curb the crime according to theprocedure established by law.In the case of PUCL v. UOI, it was held that the procedureis inadequate as the Controller has been given discretionarypower, and there is no mention of consultation with theaccused before punishing him. Therefore, proper guidelinesneed to be provided in this regard for maintaining the balancebetween the Right to Privacy of the citizens and the provisionof the search and seizure under the Act, as the same shall notbe unfair.Case III: The Information Technology can be misused for appropriatingthe valuable Government secrets and data of privateindividuals and the Government and its agencies. A computerNetwork owned by the Government may contain valuableinformation concerning Defence and other top secrets,which the Government will not wish to share otherwise.The same can be targeted by the terrorists to facilitate theiractivities, including destruction of property. It must be notedimmovable alone.In R.K. Dalmia v. Delhi Administration the Supreme Courtheld that the word “property” is used in the IPC in a muchwider sense than the expression “movable property”. There isno good reason to restrict the meaning of the word “property”to movable property only, when it is used without any Section of IPC can be committed in respect of any particularkind of property, will depend not on the interpretation of theword “property”, but on the fact whether that particular kindof property can be subject to the acts covered by that Section.ConclusionThe role played by cyberspace is positive for the whole world. Butthere are some disadvantages too, to curb this Government of everycountry introduces some legislation for the protection of Cyber Crime.In India, IT Act, 2000 has played important role in the protectionagainst Cyber Crime, but even after amendment in IT Act, there lies January - March, 2013115