Cyber Crime in India

Cyber-Crime in India

Author: Prakalp Shrivastava, Jagran Lakecity University.

Introduction

Cybercrime refers to crime in which a computer is the object of a crime (hacking, phishing, spamming) or used as a tool for committing an offence such as child pornography, hate crimes, etc. Cybercriminals may use a computer to gain access to personal information, trade secrets or for any other malicious purposes (See Here). Cybercrime can be first-rate described as those offences which are dedicated against individuals or companies of individuals with a criminal reason to deliberately harm the recognition of the victim or reason bodily or intellectual harm to the victim without delay or indirect usage of present-day telecommunication networks including the internet.

In a simple manner, we are able to say that cybercrime is illegal acts wherein the computer is either a device or a target or each. Cybercrimes can involve criminal activities that might be conventional in nature, such as robbery, fraud, forgery, defamation, and mischief, all of which are questionable to the Indian penal code (IPC). The abuse of computer systems has additionally given a start to a gamut of new age crimes which might be addressed by the Information Technology Act, 2000. The time period ‘cybercrime’ can discuss with offenses inclusive of criminal past against information, infringement of content and copyright, fraud, unauthorized access, child pornography, and cyber-stalking. Cybercrimes in effect cover an extensive variety of assaults on individuals and organizations alike. These crimes can also encompass something from an individual’s emotional or financial state to a nation’s protection.

There are fundamental classes that outline the makeup of cybercrimes. The first of those that aim at computer networks or gadgets including viruses, malware, or denial of service attacks. The second one relates to crimes that might be facilitated through computer networks or gadgets like cyber-stalking, fraud, identity-robbery, extortion, phishing (junk mail) and robbery of categorized information.

Cybercrimes have increased to embrace sports that go to international borders and might now be considered a worldwide epidemic. The global felony device ensures cybercriminals are held responsible for the international criminal courtroom. Law enforcement organizations are confronted with specific challenges and the anonymity of the internet only complicates the problems. There are problems with accumulating proof, cross-jurisdictional troubles, and miscommunication associated with reporting.

To a great extent, it is well known that victims of net crimes are often indisposed to record an offense to authorities. In some cases, the man or woman or business enterprise won’t also be aware of the law that has been committed. Despite the fact that facilities for reporting incidents of cybercrime have advanced in recent years, many victims remain reluctant due basically to embarrassment.

Global cooperation is essential if an effective reaction is to be located against international cybercrime. No state can assume to productive fight the problem alone. Many computer-based crimes are initiated ‘offshore’ and this offers considerable demanding situations to any international locations law enforcement groups. It’s far essential that companies from around the world, formulate actionable plans to dig up, chase, and execute cyber criminals.

Cyber Crime In India

When the internet was developed, the founding fathers of the internet hardly had any inclination that the internet should rework itself into an all-pervading revolution that might be misused for criminal activities and which required regulation. Nowadays, there are many annoying things going on in our online world. Due to the anonymous nature of the internet, it’s miles viable to interact with an expansion of criminal activities with impunity and those with intelligence, have been grossly misusing this element of the internet to sustain criminal activities in our online world.

Cyberlaw is crucial as it touches nearly all aspects of transactions and sports on and regarding the internet, the world’s huge net and cyberspace. To begin with, it may appear that cyber law is a totally technical area and that it does not have any bearing to maximum activities in cyberspace. But the actual fact is that not anything can be in addition to reality. Whether we recognize it or no longer, every action and every reaction in our online world has a few criminal and cyber legal views.

Information technology has unfolded for the duration of the arena. The computer is used in each and each quarter in which cyberspace provides equal possibilities to keen on financial growth and human improvement. As the consumer of cyberspace grows increasingly more numerous and the range of online interplay expands, there is enlargement within the cyber crimes i.e. Breach of online contracts, perpetration of online torts and crimes, etc. Due to these outcomes, there has been a need to undertake a strict regulation via the cyberspace authority to alter criminal activities referring to cyber and to provide higher administration of justice to the victim of cybercrime. Inside the modern-day cyber technology, global it’s miles very an awful lot necessary to alter cyber crimes and most importantly cyber law ought to be made stricter inside the case of cyber terrorism and hackers.

Some Provisions of Cyberlaw are mentioned below:

  • Section 67A of the IT Act which sentences the person a maximum of 5 years term imprisonment with fine.
  • Section 354C of the IPC in which the capturing of any such image has to be consensual but its dissemination is nonconsensual. But one thing to be noted is that this provision does not undertake morphed or photo-shopped images which may have a similar effect.
  • Section 292 of the IPC wherein the circulation of any obscene object is punishable.
  • Section 66E of the IT Act which makes the transmission of images of the private area of a person punishable, given that even the capturing of such an image should be non-consensual.
  • Cyber Crime Attacks Addressed By IT Act, 2000 & IPC

Cyber Crimes under IT ACT 2000

  • Sec. 65, Tampering with Computer Source Documents.
  • Sec. 66, Hacking Computer Systems and Data Alteration.
  • Sec. 67, Publishing Obscene Information.
  • Sec. 70, Unauthorized Access of Protected Systems.
  • Sec. 72, Breach of Confidentiality and Privacy.
  • Sec. 73, Publishing False Digital Signature Certificates.

Special Laws and Cybercrimes under the IPC include:

  • Sending Threatening Messages by Email, Indian Penal Code (IPC) Sec. 503.
  • Sending Defamatory Messages by Email, Indian Penal Code (IPC) Sec. 499
  • Forgery of Electronic Records, Indian Penal Code (IPC) Sec. 463
  • Bogus Websites & Cyber Fraud, Indian Penal Code (IPC) Sec. 420
  • Email Spoofing, Indian Penal Code (IPC) Sec. 463
  • Web-Jacking, Indian Penal Code (IPC) Sec. 383
  • Email Abuse, Indian Penal Code (IPC) Sec. 500

There are also cyber-crimes under the Special Acts, which include:

  • Online Sale of Arms Under Arms Act, 1959
  • Online Sale of Drugs Under Narcotic Drugs and Psychotropic Substances Act, 198

Now the problem is that one or the other such provisions has some kind of loopholes in it, especially section 66E of the IPC where it has been mentioned that the capturing should be non-consensual and as opposed to that, it has been seen that most of such cases have the images captured with consent in the past, of which the convicted person took advantage. This sub branch of NCSIA is called revenge porn where the person, out of jilt or in order to take revenge uploads the images or videos. This is usually done by the ex-partner. Also, the maximum punishment is of mere 5 years whereas the trauma that the victim goes through remains almost the lifetime. Also, the images and videos keep on circulating on the internet. In the case of West Bengal, the judge of the court referred to this crime as ‘virtual rape’.

After realizing the seriousness and gravity of these crimes, the lawmakers put into force the Information Technology Act of 2000 which went through a number of amendments to correct and cover up the loopholes present in the previous one. But even after the amendments, loopholes still exist and the growing number of cyber-crime cases is proof of it. In the very famous case of Shreya Singhal v. Union of India, Mr. Tushar Mehta, learned Additional Solicitor General from the defendant’s side, contended that any matter which is posted on the internet or made available to the netizens is certainly more universally accessible than any other media, it is not confined to any particular boundary, unlike other media. It, therefore, becomes obvious that this requires more regulations. The growing crime rate is becoming difficult to tackle with the current law systems.

More amendments and more strict laws will be required, some of which are given below:

It requires more time to collect evidence in cyber cases, as evidence can be easily destroyed, therefore more time span should be given to the investigating authorities.

As Mr. Tushar Mehta said, any matter on the social media is not confined and can be accessed from anywhere, the lawmakers should impose restrictions on the accessibility, or limit it so that the abuse decreases.

Specific laws should be made on matters such as cyberbullying, children, NCSIA which should consist of all the possible provisions and counterattacks of loopholes so that other numerous acts and laws are not looked for.

More advanced training should be given to the police officials on this subject.

Judicial proceedings on such matters should be specified.

A special court, if possible, should be introduced so that such cases are dealt with separately and also there will be no unwanted accumulation of cases, which we already have.

The term of imprisonment should be increased for some crimes.

Excessive advertisements pop-ups on many websites and apps should be regulated.

Apart from all the legal aspects, something which is very important is that there should be an awareness on an individual level. Unless each person does not become aware and cautious, it will be difficult to regulate these crimes. Laws along with individual awareness can help to make India free of cybercrime.

Cybercrime And Cybersecurity

The idea that a Criminal group ought to electronically take control of flight manage device or power grid – Yes it is possible.

As the whole thing connects to the internet we emerge as increasingly more liable to cybercrime. In February, the sector observed out that the Cabana criminal organization had stolen up to INR 64, 15, 50,000 /- from banks around the arena during the last two years, hacking into their systems, transferring cash out, and having bank ATMs mechanically dispense cash that they then picked up from the machines.

Inside the beyond a decade, advances in communications technology and the “informatization” of society have converged as never earlier than in human records. This has given an upward push to the industrialization of a type of crime where the commodity—private records—actions always too quick for traditional regulation enforcement techniques to keep tempo.

The extraordinary scale of the problem threatens the ability of the authorities to reply—with more than a hundred and fifty,000 viruses and other varieties of malicious code in the international stream and 148,000 computer systems compromised in step with day. At the equal time, the authorities have greater records on the crook hobby at their disposal than ever before and also have an opportunity to harness this information in ways that make intelligence improvement and research greater streamlined and cost-powerful.

Consequences

Young humans getting concerned with cyber-crime ought to face.

  • A go-to and warning from the police, in addition to a penalty fine.
  • Arrest and prison sentencing for severe offenses.
  • Their computers being seized and being avoided from having access to the internet.

Many children may have an energetic interest in coding and programming, spend loads of time online and have impartial studying materials; those are all signs and symptoms of a wholesome and effective hobby in computing and extraordinarily valuable competencies to be endorsed to expand – but in a lawful way.

Terrorist, Hackers, Crackers & Jurisdictional Issues

Hackers tend to be more of a nuisance than a danger. Most of the time, they try unauthorized access to networks just to mock, for the challenge, or to put networks to a test. Crackers, however, are criminal hackers that also try unauthorized access to networks, but have malicious intents. Cyber terrorists are people that use cyber-terror to achieve political or social change.

With motives, it is not in all likelihood that terrorists would rent crackers. However, it is not impossible for terrorists to benefit hacking competencies something motivation or purpose leads one individual (or a set) to hack into a community gadget, be it hacking, cracking or terrorism, the same jurisdiction problems are present to the investigator and to the choose. Obtaining evidence of the motion, detaining the suspects and supplying them to a courtroom can simplest to be executed with a brief response and the ideal worldwide equipment.

Cyber Attack Threat Types

Threat 1

One or more outlander (worthless persons) who seek access to the base or restricted area or get undercover to perform an unauthorized act such as demolishment or theft.

Threat 2

The particular group authorized access to a base or restricted area or asset, seeking to steal or remove an item of authorized property from the installation.

Threat 3

An anonymous individual seeking to perform an act of sabotage, data tampering, or wrongful destruction or otherwise destroy government property or impair mission accomplishment.

Threat 4

An anonymous individual or group seeking to make a political statement (anti-military, anti-defense, antinuclear, and so forth, by causing adverse broadcast, usually nonviolent in nature, to grip the military service).

Threat 5

An anonymous individual in theorizing action seeking access to a naval installation to commit an act of violence (sabotage, bombing, hostage abduction, murder, arson or theft of sensitive matter including nuclear weapons, ammunition and explosives, and so forth.

Cyber Terrorists

For Cyber Terrorists this is a good desirable quality or feature, it helps them to make something better or more likely to succeed:

  •          Affects a substantial amount of citizens.
  •           They can be Anonymous.
  •           It is ultra-cheap than conventional methods
  •           Its activity is very puzzled to study
  •           They can attack remotely from any part of the country zone
  •           This can be utilized to affect a large number of MNCs and targets.

Also Read,

Having a Legal Query?

Talk with our Expert Lawyers.

Click Here

Online Certificate Course on Human Rights.

Next Batch from 10th of December

Apply Now