In India there is no law, which is specifically dealing with prevention of malware through aggressive defense. Thus, the analogous provisions have to be applied in a purposive manner. The protection against malware attacks can be claimed under the following categories:
Protection available under the Constitution of India and protection available under other statutes.
- Protection under the Constitution of India:
The protection available under the Constitution of any country is the strongest and the safest one since it is the supreme document and all other laws derive their power and validity from it. If a law satisfies the rigorous tests of the Constitutional validity, then its applicability and validity cannot be challenge and it becomes absolutely binding. The Constitutions of India, like other Constitutions of the world, is organic and living in nature and is capable of molding itself as per the time and requirements of the society.
- Protection under other statutes:
The protection available under the Constitution is further strengthened by various statutory enactments. These protections can be classified as:
> Protection under the Indian Penal Code (I.P.C), 1860
Protection under the Information Technology Act (ITA), 2000.
There can be some steps we can take which can be broadly classified:
> Preventing privacy violations,
> Preventing information and data theft,
> Preventing distributed denial of services attack (DDOS), and
> Preventing network damage and destruction