Centre Proposes New Bills for Criminal Law
Introduction
Criminal justice in India is majorly governed by three laws which are – Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. The centre, on 11th August 2023’ Friday, proposes a new bill in parliament Friday, which is replacing the country’s major criminal laws, i.e. Indian Penal Code, Criminal Procedure Code and Indian Evidence Act.
The following three bills are being proposed to replace major criminal laws in the country:
- The Bharatiya Nyaya Sanhita Bill, 2023 to replace Indian Penal Code 1860.
- The Bharatiya Nagrik Suraksha Sanhita Bill, 2023, to replace The Code Of Criminal Procedure, 1973.
- The Bharatiya Sakshya Bill, 2023, to replace The Indian Evidence Act 1872.
Cyber law-oriented view of the new shift in criminal lawNotable changes:Bharatiya Nyaya Sanhita Bill, 2023 Indian Penal Code 1860.
Way ahead for digitalisation
The new laws aim to enhance the utilisation of digital services in court systems, it facilitates online registration of FIR, Online filing of the charge sheet, serving summons in electronic mode, trial and proceedings in electronic mode etc. The new bills also allow the virtual appearance of witnesses, accused, experts, and victims in some instances. This shift will lead to the adoption of technology in courts and all courts to be computerised in the upcoming time.
Enhanced recognition of electronic records
With the change in lifestyle in terms of the digital sphere, significance is given to recognising electronic records as equal to paper records.
Conclusion
The criminal laws of the country play a significant role in establishing law & order and providing justice. The criminal laws of India were the old laws existing under British rule. There have been several amendments to criminal laws to deal with the growing crimes and new aspects. However, there was a need for well-established criminal laws which are in accordance with the present era. The step of the legislature by centralising all criminal laws in their new form and introducing three bills is a good approach which will ultimately strengthen the criminal justice system in India, and it will also facilitate the use of technology in the court system.
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Introduction
Governments worldwide are enacting cybersecurity laws to enhance resilience and secure cyberspace against growing threats like data breaches, cyber espionage, and state-sponsored attacks in the digital landscape. As a response, the EU Council has been working on adopting new laws and regulations under its EU Cybersecurity Package- a framework to enhance cybersecurity capacities across the EU to protect critical infrastructure, businesses, and citizens. Recently, the Cyber Solidarity Act was adopted by the Council, which aims to improve coordination among EU member states for increased cyber resilience. Since regulations in the EU play a significant role in shaping the global regulatory environment, it is important to keep an eye on such developments.
Overview of the Cyber Solidarity Act
The Act sets up a European Cyber Security Alert System consisting of Cross-Border Cyber Hubs across Europe to collect intelligence and act on cyber threats by leveraging emerging technology such as Artificial Intelligence (AI) and advanced data analytics to share warnings on cyber threats with other cyber data centres across the national borders of the EU. This is expected to assist authorities in responding to cyber threats and incidents more quickly and effectively.
Further, it provides for the creation of a new Cybersecurity Emergency Mechanism to enhance incident response systems in the EU. This will include testing the vulnerabilities in critical sectors like transport, energy, healthcare, finance, etc., and creating a reserve of private parties to provide mutual technical assistance for incident response requests from EU member-states or associated third countries of the Digital Europe Programme in case of a large-scale incident.
Finally, it also provides for the establishment of a European Cybersecurity Incident Review Mechanism to monitor the impact of the measures under this law.
Key Themes
- Greater Integration: The success of this Act depends on the quality of cooperation and interoperability between various governmental stakeholders across defence, diplomacy, etc. with regard to data formats, taxonomy, data handling and data analytics tools. For example, Cross-Border Cyber Hubs are mandated to take the interoperability guidelines set by the European Union Agency for Cybersecurity (ENISA) as a starting point for information-sharing principles with each other.
- Public-Private Collaboration: The Act provides a framework to govern relationships between stakeholders such as the public sector, the private sector, academia, civil society and the media, identifying that public-private collaboration is crucial for strengthing EUs cyber resilience. In this regard, National Cyber Hubs are proposed to carry out the strengthening of information sharing between public and private entities.
- Centralized Regulation: The Act aims to strengthen all of the EU's cyber solidarity by outlining dedicated infrastructure for improved coordination and intelligence-sharing regarding cyber events among member states. Equal matching contribution for procuring the tools, infrastructure and services is to be made by each selected member state and the European Cybersecurity Competence Centre, a body tasked with funding cybersecurity projects in the EU.
- Setting a Global Standard: The underlying rationale behind strengthening cybersecurity in the EU is not just to protect EU citizens from cyber-threats to their fundamental rights but also to drive norms for world-class standards for cybersecurity for essential and critical services, an initiative several countries rely on.
Conclusion
In the current digital landscape, governments, businesses, critical sectors and people are increasingly interconnected through information and network connection systems and are using emerging technologies like AI, exposing them to multidimensional vulnerabilities in cyberspace. The EU in this regard continues to be a leader in setting standards for the safety of participants in the digital arena through regulations regarding cybersecurity. The Cyber Solidarity Act’s design including cross-border cooperation, public-private collaboration, and proactive incident-monitoring and response sets a precedent for a unified approach to cybersecurity. As the EU’s Cybersecurity Package continues to evolve, it will play a crucial role in ensuring a secure and resilient digital future for all.
Sources
- https://www.consilium.europa.eu/en/press/press-releases/2024/12/02/cybersecurity-package-council-adopts-new-laws-to-strengthen-cybersecurity-capacities-in-the-eu/
- https://data.consilium.europa.eu/doc/document/PE-94-2024-INIT/en/pdf
- https://digital-strategy.ec.europa.eu/en/policies/cybersecurity-strategy
- https://www.weforum.org/stories/2024/10/cybersecurity-regulation-changes-nis2-eu-2024/
THREE CENTRES OF EXCELLENCE IN ARTIFICIAL INTELLIGENCE:
India’s Finance Minister, Mrs. Nirmala Sitharaman, with a vision of ‘Make AI for India’ and ‘Make AI work for India, ’ announced during the presentation of Union Budget 2023 that the Indian Government is planning to set up three ‘Centre of Excellence’ for Artificial Intelligence in top Educational Institutions to revolutionise fields such as health, agriculture, etc.
Under the ‘Amirt Kaal,’ i.e., the budget of 2023 is a stepping stone by the government to have a technology-driven knowledge-based economy and the seven priorities that have been set up by the government called ‘Saptarishi’ such as inclusive development, reaching the last mile, infrastructure investment, unleashing potential, green growth, youth power, and financial sector will guide the nation in this endeavor along with leading industry players that will partner in conducting interdisciplinary research, developing cutting edge applications and scalable problem solutions in such areas.
The government has already formed the roadmap for AI in the nation through MeitY, NASSCOM, and DRDO, indicating that the government has already started this AI revolution. For AI-related research and development, the Centre for Artificial Intelligence and Robotics (CAIR) has already been formed, and biometric identification, facial recognition, criminal investigation, crowd and traffic management, agriculture, healthcare, education, and other applications of AI are currently being used.
Even a task force on artificial intelligence (AI) was established on August 24, 2017. The government had promised to set up Centers of Excellence (CoEs) for research, education, and skill development in robotics, artificial intelligence (AI), digital manufacturing, big data analytics, quantum communication, and the Internet of Things (IoT) and by announcing the same in the current Union budget has planned to fulfill the same.
The government has also announced the development of 100 labs in engineering institutions for developing applications using 5G services that will collaborate with various authorities, regulators, banks, and other businesses.
Developing such labs aims to create new business models and employment opportunities. Among others, it will also create smart classrooms, precision farming, intelligent transport systems, and healthcare applications, as well as new pedagogy, curriculum, continual professional development dipstick survey, and ICT implementation will be introduced for training the teachers.
POSSIBLE ROLES OF AI:
The use of AI in top educational institutions will help students to learn at their own pace, using AI algorithms providing customised feedback and recommendations based on their performance, as it can also help students identify their strengths and weaknesses, allowing them to focus their study efforts more effectively and efficiently and will help train students in AI and make the country future-ready.
The main area of AI in healthcare, agriculture, and sustainable cities would be researching and developing practical AI applications in these sectors. In healthcare, AI can be effective by helping medical professionals diagnose diseases faster and more accurately by analysing medical images and patient data. It can also be used to identify the most effective treatments for specific patients based on their genetic and medical history.
Artificial Intelligence (AI) has the potential to revolutionise the agriculture industry by improving yields, reducing costs, and increasing efficiency. AI algorithms can collect and analyse data on soil moisture, crop health, and weather patterns to optimise crop management practices, improve yields and the health and well-being of livestock, predict potential health issues, and increase productivity. These algorithms can identify and target weeds and pests, reducing the need for harmful chemicals and increasing sustainability.
ROLE OF AI IN CYBERSPACE:
Artificial Intelligence (AI) plays a crucial role in cyberspace. AI technology can enhance security in cyberspace, prevent cyber-attacks, detect and respond to security threats, and improve overall cybersecurity. Some of the specific applications of AI in cyberspace include:
- Intrusion Detection: AI-powered systems can analyse large amounts of data and detect signs of potential cyber-attacks.
- Threat Analysis: AI algorithms can help identify patterns of behaviour that may indicate a potential threat and then take appropriate action.
- Fraud Detection: AI can identify and prevent fraudulent activities, such as identity theft and phishing, by analysing large amounts of data and detecting unusual behaviour patterns.
- Network Security: AI can monitor and secure networks against potential cyber-attacks by detecting and blocking malicious traffic.
- Data Security: AI can be used to protect sensitive data and ensure that it is only accessible to authorised personnel.
CONCLUSION:
Introducing AI in top educational institutions and partnering it with leading industries will prove to be a stepping stone to revolutionise the development of the country, as Artificial Intelligence (AI) has the potential to play a significant role in the development of a country by improving various sectors and addressing societal challenges. Overall, we hope to see an increase in efficiency and productivity across various industries, leading to increased economic growth and job creation, improved delivery of healthcare services by increasing access to care and, improving patient outcomes, making education more accessible and effective as AI has the potential to improve various sectors of a country and contribute to its overall development and progress. However, it’s important to ensure that AI is developed and used ethically, considering its potential consequences and impact on society.
References:
Introduction
With the increasing reliance on digital technologies in the banking industry, cyber threats have become a significant concern. Cyberlaw plays a crucial role in safeguarding the banking sector from cybercrimes and ensuring the security and integrity of financial systems.
The banking industry has witnessed a rapid digital transformation, enabling convenient services and greater access to financial resources. However, this digitalisation also exposes the industry to cyber threats, necessitating the formulation and implementation of effective cyber law frameworks.
Recent Trends in the Banking Industry
Digital Transformation: The banking industry has embraced digital technologies, such as mobile banking, internet banking, and financial apps, to enhance customer experience and operational efficiency.
Open Banking: The concept of open banking has gained prominence, enabling data sharing between banks and third-party service providers, which introduces new cyber risks.
How Cyber Law Helps the Banking Sector
The banking sector and cyber crime share an unspoken synergy due to the mass digitisation of banking services. Thanks to QR codes, UPI and online banking payments, India is now home to 40% of global online banking transactions. Some critical aspects of the cyber law and banking sector are as follows:
Data Protection: Cyberlaw mandates banks to implement robust data protection measures, including encryption, access controls, and regular security audits, to safeguard customer data.
Incident Response and Reporting: Cyberlaw requires banks to establish incident response plans, promptly report cyber incidents to regulatory authorities, and cooperate in investigations.
Customer Protection: Cyberlaw enforces regulations related to online banking fraud, identity theft, and unauthorised transactions, ensuring that customers are protected from cybercrimes.
Legal Framework: Cyberlaw provides a legal foundation for digitalisation in the banking sector, assuring customers that regulations protect their digital transactions and data.
Cybersecurity Training and Awareness: Cyberlaw encourages banks to conduct regular training programs and create awareness among employees and customers about cyber threats, safe digital practices, and reporting procedures.
RBI Guidelines
The RBI, as India’s central banking institution, has issued comprehensive guidelines to enhance cyber resilience in the banking industry. These guidelines address various aspects, including:
Technology Risk Management
Cyber Security Framework
IT Governance
Cyber Crisis Management Plan
Incident Reporting and Response
Recent Trends in Banking Sector Frauds and the Role of Cyber Law
Phishing Attacks: Cyberlaw helps banks combat phishing attacks by imposing penalties on perpetrators and mandating preventive measures like two-factor authentication.
Insider Threats: Cyberlaw regulations emphasise the need for stringent access controls, employee background checks, and legal consequences for insiders involved in fraudulent activities.
Ransomware Attacks: Cyberlaw frameworks assist banks in dealing with ransomware attacks by enabling legal actions against hackers and promoting preventive measures, such as regular software updates and data backups.
Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs)
Draft of Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs) issued by the Reserve Bank of India (RBI). The directions provide guidelines and requirements for PSOs to improve the safety and security of their payment systems, with a focus on cyber resilience. These guidelines for PSOs include mobile payment service providers like Paytm or digital wallet payment platforms.
Here are the highlights-
The Directions aim to improve the safety and security of payment systems operated by PSOs by providing a framework for overall information security preparedness, with an emphasis on cyber resilience.
The Directions apply to all authorised non-bank PSOs.
PSOs must ensure adherence to these Directions by unregulated entities in their digital payments ecosystem, such as payment gateways, third-party service providers, vendors, and merchants.
The PSO’s Board of Directors is responsible for ensuring adequate oversight over information security risks, including cyber risk and cyber resilience. A sub-committee of the Board may be delegated with primary oversight responsibilities.
PSOs must formulate a Board-approved Information Security (IS) policy that covers roles and responsibilities, measures to identify and manage cyber security risks, training and awareness programs, and more.
PSOs should have a distinct Board-approved Cyber Crisis Management Plan (CCMP) to detect, contain, respond, and recover from cyber threats and attacks.
A senior-level executive, such as a Chief Information Security Officer (CISO), should be responsible for implementing the IS policy and the cyber resilience framework and assessing the overall information security posture of the PSO.
PSOs need to define Key Risk Indicators (KRIs) and Key Performance Indicators (KPIs) to identify potential risk events and assess the effectiveness of security controls. The sub-committee of the Board is responsible for monitoring these indicators.
PSOs should conduct a cyber risk assessment when launching new products, services, technologies, or significant changes to existing infrastructure or processes.
PSOs, including inventory management, identity and access management, network security, application security life cycle, security testing, vendor risk management, data security, patch and change management life cycle, incident response, business continuity planning, API security, employee awareness and training, and other security measures should implement various baseline information security measures and controls.
PSOs should ensure that payment transactions involving debit to accounts conducted electronically are permitted only through multi-factor authentication, except where explicitly permitted/relaxed.
Conclusion
The relationship between cyber law and the banking industry is crucial in ensuring a secure and trusted digital environment. Recent trends indicate that cyber threats are evolving and becoming more sophisticated. Compliance with cyber law provisions and adherence to guidelines such as those provided by the RBI is essential for banks to protect themselves and their customers from cybercrimes. By embracing robust cyber law frameworks, the banking industry can foster a resilient ecosystem that enables innovation while safeguarding the interests of all stakeholders or users.
