| Aspect | Arguments in Favor of Change | Arguments against Change | Examples of IPC | Examples of CrPC | Examples of IEA |
|---|---|---|---|---|---|
| Modernization | Updating cybercrime laws to address new forms of online offenses. | Current laws might still cover various aspects of cybercrime. | Charging individuals under outdated IT Act sections for cyberbullying and online harassment. | Investigating online financial fraud using existing CrPC provisions related to search and seizure. | Presenting digital communications as evidence in a criminal trial under the IEA to establish intent and planning. |
| Societal Evolution | Recognizing hate speech laws to combat online hate and discrimination. | Critics argue that existing laws already cover hate speech. | Applying current IPC provisions on hate speech to online platforms and social media. | Utilizing CrPC provisions to address cases of online stalking and harassment through electronic communication. | Admitting digital records of hate speech as evidence under the IEA in cases involving online defamation and harassment. |
| Legal Gaps | Addressing gaps in online privacy laws to protect personal data. | Opponents might argue that current laws provide sufficient privacy protection. | Pursuing cases against unauthorized data collection and sharing under relevant IPC provisions. | Investigating cyberbullying incidents involving minors using CrPC provisions on child protection. | Presenting electronic records as evidence of online privacy breaches under the IEA in civil and criminal cases. |
| Preservation of Rights | Balancing surveillance laws with the right to privacy. | Critics might argue that surveillance is necessary for national security. | Balancing individual privacy rights with IPC provisions addressing unauthorized online surveillance. | Applying CrPC provisions related to electronic evidence to investigate cybercrimes involving stolen data. | Admitting electronic records as evidence in court under the IEA while ensuring data privacy and authenticity. |
| Misuse and Ambiguity | Preventing misuse of cybercrime laws to suppress online dissent. | Detractors might argue that existing laws are necessary for online crime control. | Charging individuals with sedition for expressing dissenting opinions on social media platforms. | Using CrPC provisions on electronic communication to investigate cyberbullying cases. | Adhering to IEA standards for admitting electronic records while addressing concerns about potential manipulation and forgery. |
| International Standards | Aligning cybercrime laws with international cybersecurity norms. | Critics might assert that national security takes precedence over global standards. | Revising IPC sections to align with international norms on cyber espionage and cyberterrorism. | Applying CrPC provisions on extradition for cases involving cross-border cybercrimes. | Ensuring that electronic evidence presented under the IEA meets internationally accepted standards of admissibility and authenticity. |
| Examples of Misuse | Pointing to instances of cybercrime laws misused for political gain. | Some might argue that cybercrime laws are essential for maintaining order. | Charging individuals under cybercrime laws for sharing satirical content that criticizes government policies. | Utilizing CrPC provisions to investigate cases of online identity theft and financial fraud. | Presenting electronic communications as evidence in cyberbullying cases, demonstrating the impact of online harassment. |
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