Some of the news papers today highlighted some statements made by the CM in a meeting of IAS officers with the captions as follows:
Hindu: TN will use Goondas Act to curb cyber crime
Deccan Chronicle: Goondas Act on cyber criminals
It appears that the newspapers have sensationalized the CM’s statement. What the CM intends is that when serious offences are committed under the acts such as the Goondas act using e-mails or social networking sites, they will not go unrecognized because it is an offence on the Cyber Space. In other words, an act which would fall under the Goonda’s Act if committed through electronic documents will be booked by the Police under the respective provisions of the Goondas Act.
Though the CM has stated that law will be amended for the purpose, what may be required is only certain clarifications to be added to the existing state laws if at all it is found necessary. Already offences under IPC are being booked even when they are committed with electronic documents. The same anology will be applicable to other statutes by virtue of the equivalence of electronic documents to written documents under Section 4 of ITA 2008.
I therefore see no need for either a change of law or a need to get excited about the statement.
At the same time we need to recognize that ITA 2008 is a central act and nothing should be done in the State laws which may over rule the central law. However without over ruling the central act, some local laws are amended it may be acceptable though the need for that is not clear.
I would also take this opportunity to draw the attention of the Chief Minister Jayalalitha that TN which was in the forefront of Cyber Crime investigation and prosecution has slipped back in recent days. In particular the Adjudication system which was very active has been neglected. She needs to revive this piece of Cyber Judiciary if she wants to assist people of TN suffering from the effects of an inactive Adjudication.
Also, she has the opportunity to bring the innovation of a separate chain of “Cyber Crime Magistrates” in the State to ensure that Cyber Crimes are prosecuted more efficiently.
I have been suggesting such a set up to various state governments including Karnataka but no CM nor the Chief Justice of the State appear to have recognized this need of the society.
Changing laws where it is not required is not a wise move. But improving the implementation of the existing laws is likely to be more effective. I hope TN Government as well as other Governments move in this direction.
Naavi
