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इन शब्दों के साथ मैं अपनी बात समाप्त करते हुए, सदन से आशा करता हूं कि सदन इस बिल को ध्वनि मत से पास करे।

SHRI RUPCHAND PAL (HOOGLY): Sir, this long overdue Bill has come before us. While supporting this Bill, I cannot but make two observations even at the outset. Why is this Government in a hurry to bring this legal framework which has far-reaching consequences for our country in several areas? It would have consequences in every activity of the Indian society. I wonder what could be the reason for this hurry. More time could have been given to go into the nitty-gritty of the Bill. This Bill would ultimately make many of our existing laws, like Indian Evidence Act, RBI Act, Banking Regulations Act etc., cyber oriented. Till today, if I am not wrong, only ten countries have come out with IT laws. Of them, only three have come out with comprehensive legislation. The current Bill is based on the Malaysian model. Countries like, the US, Canada and the European Union have brought out necessary amendments in the existing laws. Some countries have prepared a core legal framework which will go on adjusting itself with the development of the technology. This is because Information Technology is radically different from other technologies. There is a race between the development of legislative process and the Information Technology. On many an occasion, we found that Information Technology has out paced the legislative process. The pace is so fast and radical that it is becoming difficult for many countries to cope with the situation.

THE MINISTER OF PARLIAMENTARY AFFAIRS AND MINISTER OF INFORMATION TECHNOLOGY (SHRI PRAMOD MAHAJAN): But all are on the same bench.

SHRI RUPCHAND PAL : Yes, on one bench but not with one mind.

SHRI PRAMOD MAHAJAN: Yes, we are.

SHRI RUPCHAND PAL : I will talk about that later on.

Even at Delhi, in a Cell phone with wireless application protocol, the individual can act through his own computer. Convergence is such that, cable TVs which are larger in number than PCs in the country, can provide more Internet connections; from basic to cell phone, mobile to basic and so on telephone connections are available. In such a way, there is one authority in view of convergence of technologies in the developed countries of the world, Federal Commission in the United States and OFTEL in UK. In our country, even after this fast convergence of technology, we have miserably failed to take into account this element of convergence. I know, the Minister will reply saying that a Sub-group has been set up which will go into the details of the Indian Telegraph Act, 1885 and also the proposed Broadcasting Bill.

SHRI PRAMOD MAHAJAN: Sir, I am grateful to Shri Rupchand Pal that he has yielded. There is much talk about Clause 79 that this law has become draconian and that you are giving a Police officer some right which was never given in this country under any law. So, I would like to draw the attention to Clause 165 of the Code of Criminal Procedure, 1973 – search by a Police officer. I do not want to read the entire Clause. I can only say that Clauses 165 and 79 are almost identical. So, today, the law exists in this country to go into anybody’s house. We are objecting it under this law. The difference between the two is that under Clause 165, even a constable can enter into anybody’s house in this country. But under Clause 79, we have raised the level because we think that this is a cyber crime. When somebody has to search something like a cyber crime, it cannot be at a lower level of a constable or a Police officer.

SHRI RUPCHAND PAL : Sir, here lies the problem. This is the very reason for which we had said that this important Bill needs further and deep consideration and some more time is required. So, heavens will not fall if this Bill is taken up in the Monsoon Session. Sir, here the very nature of the crimes is different, without a warrant, one can enter into someone"s house. What is the nature of the crime? I am not going into what happened in the `Chernobyl Virus" and the latest `I Love You" Virus and all these things. Will a police officer be able to identify the tampering of computer source documents by entering the premises? Will he use his own computer at his home for committing electronic forgery? And what will you do? You will seize that hardware physically along with that person. Sir, there lies the difficulty.