Envisioning the Impact of the Digital India Act 2023

April 2024

Abstract

The Information and Technology Act, 2000 (“IT Act”), was enacted and brought into force at the dawn of the internet, during the pre-digital India era. This was a time when internet was a luxury and had not seen the sophistication and dependence that it enjoys today. Through the years, internet has grown exponentially and has empowered humans. However, like any other advancements, modernisation of internet has also had its share of challenges and consequences. The IT Act was not well suited to deal with all aspects of the modern-day digit world, which has necessitated enactment of additional legislation to tackle the challenges and consequences faced. In March 2023, the Ministry of Electronics and Information Technology proposed the Digital India Act 2023 (“DI Act”) with the objective to address the tenets of digital India. The proposed Act also seeks to establish a specialised and dedicated adjudicatory mechanism for online civil and criminal offences. An important aspect of the DI Act is to provide a mechanism to address future challenges that may arise along the way. By way of the present article, we seek to assess the impact of the DI Act on the nation and its citizens.

Authors

Hemant Kumar

Group Legal Advisor, Larsen & Toubro Ltd, India

Mr. Hemant Kumar is the Group Legal Advisor of Larsen & Toubro Ltd. (L&T), an Indian multinational conglomerate. He heads the legal departments of the entire L&T Group’s India and Global Businesses. A seasoned legal professional with over 35 years of experience, Mr. Kumar comes from a family of lawyers, corporate counsels, and judges. An expert in litigation and arbitrations under both Indian and International Laws, Mr. Kumar has dealt with cases in UK, US, France, Australia, Singapore, Middle East and Africa. He also has considerable expertise in foreign investment and FEMA regulations both for in-bound and out-bound investments. He has also previously held senior positions at State Bank of India; Steel Authority of India; JSW Steel (formerly known as Ispat Industries); President (Legal) – Reliance ADAG and Group General Counsel - Essar Group and is widely recognized as a veteran In-house Counsel in Litigations and Arbitrations. He was also empaneled as a faculty with distinguished MBA & Engineering colleges. Interestingly, Mr. Kumar was also a Paper Setter and Examiner for the diploma course in Safety Engineering Examinations. He has been awarded as “Chambers GC Influencers Award: India (2019)” by Chambers and Partners, London UK and “Legal Icon of India” (2020) by Legal Era Magazine. Under the leadership of Mr. Kumar, RSG London awarded Corporate Legal Department of Larsen & Toubro Ltd. as “Best Legal Department of India 2019”. He has also been a recipient of many prestigious awards including “Jawahar Award”, one of BSP-SAIL’s highest individual honors, “Business Excellence Award” by Legal League Counsel, “General Counsel of the Year 2013” by Legal Era magazine and also by Corporate Counsel India. The Amity University has conferred Mr. Kumar with “Honorary Professorship” in a prestigious ceremony held during the University’s Annual Convocation in February 2023. The honour was bestowed on Mr. Kumar in recognition of his outstanding contribution to the field of law. The BW Legal World honoured Mr. Kumar, with the prestigious “Hall of Fame” award at the BW Legal World General Counsel Conclave held in July 2023. Mr. Kumar has been conferred with “Top General Counsel” award by The Forbes India Legal Powerlist 2022 in September 2023. The Economic Times (a Times Group enterprise) has honoured Mr. Kumar with the prestigious "General Counsel of the Year" award at the Global Legal Convention & Awards in December 2023. Mr. Kumar has also been decorated and awarded by India Business Law Journal in March 2024, in their multinational conglomerate category and published his absorbing biography. Asian Legal Business (ALB) has recently honoured Mr. Kumar with the “In-house Lawyer of the Year 2024’’ award at their ALB India Law Awards, 2024.

Ajay Bhargava

Partner, Khaitan & Co LLP, India

Ajay Bhargava is a Partner in the Dispute Resolution Group in Khaitan & Co. He specializes in Civil, Criminal & Corporate Litigation with 25 years of experience. Ajay’s fora of practice includes Supreme Court, High Courts, Arbitration (International and Domestic), Quasi Judicial Tribunals (National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT) and National Green Tribunal etc.). He advises on Constitutional matters, Civil & Criminal matters, IPR laws, Employment Laws and on corporate – commercial disputes. He also advises on matters before the Police Investigation Wings relating to corporate criminal investigations and quasi criminal prosecutions (white collar crimes). Ajay is often consulted on M&A transactions to provide tactical and advisory support. He advises on preventive measures in commercial contracts.

Companies

Larsen & Toubro Ltd

Larsen & Toubro Limited is a USD 23 billion Indian multinational engaged in EPC Projects, Hi-Tech Manufacturing, and Services. It operates in over 50 countries worldwide. A strong, customer–focused approach and the constant quest for top-class quality has enabled L&T to attain and sustain leadership in its major lines of business for eight decades.

Khaitan & Co LLP

A leading full-service law firm in India with over 600+ professionals with diverse skills and experience of intricate, high-profile and path breaking engagements. Team of highly motivated partners, lawyers and professionals delivering exception client service and expert legal advice across a wide gamut of sectors and industries. The Firm’s vision is to be one of the most progressive and innovative global law firms. Over a century of experience in providing cutting-edge advisory services across all disciplines giving timely and commercially viable solutions to complex business and legal issues. The Firm provides an integrated and solution-oriented approach for every transaction and advice sought. Partner-led transactions to give clients the comfort and confidence they seek.