This blog is written by Kamlesh Singh he is a second year student of Bharti Vidyapeeth-new law college . In lawyer's leaflet it is published on August 14 at 19:00 hrs . In this blog the author Kamlesh Singh has dealt with cyber crimes and the laws which governs the Cyber crimes in the present day scenario . This blog talks about Indian scenario too
Introduction ;-
With the increased use of computers in society, cybercrime has become a significant problem. The advancement of technology has rendered man reliant on the internet for all of his needs. The internet has provided man with access to everything while sitting in one location. Social networking, online shopping, online studying, online jobs, and everything else that man can think of can be done via the internet.
Cybercrime is distinct from other types of crime that occur in society. It has no geographical boundaries, and the cyber criminals are unknown. It affects all stakeholders, from government to business to citizens. With the increased use of information and communication technology in India, cybercrime is on the rise (ICT). As a result, this article attempts to study a brief introduction to cybercrime, different types, amendments, and an analysis of cybercrime in India. He also discusses some steps to combat cybercrime in India.
Definition of cyber crime :-
What exactly is cybercrime? Cybercrime is a broad term that refers to criminal activity in which computers or computer networks are used as a tool, a target, or a location for criminal activity. It can range from electronic wracking to denial of service attacks. It is a broad term that encompasses crimes such as phishing, credit card fraud, bank robbery, illegal downloading, industrial espionage, child pornography, kidnapping children through chat rooms, scams, cyber terrorism, virus creation and or distribution, spam, and so on.
It also includes traditional crimes in which computers or networks are used to facilitate illegal activity. Cybercrime is on the rise, and it is now fashionable to make money by making fraudulent phone calls or to exact revenge by hacking into other people's accounts.
Origin of cyber crime :-
Criminals regularly committed crimes over telephone lines in the early 1970s. Phreakers were the perpetrators. Actually, cybercrime did not exist until the 1980s. One person had access to another person's computer in order to locate, copy, or manipulate personal data and information. Lan Murphy, also known as Captain Zap, was the first person to be found guilty of cybercrime in the year 1981. He had hacked the American telephone company in order to manipulate its internal clock, allowing users to make free calls during peak times.
Types of cyber crime :-
1)Cyber crime against person :- that includes Cyber stalking ; Disemination of obscene material ; defarmation ; hacking ; cracking ; E-mail & S.M.S spoofing ; carding ; cheating and fraud ; child ponography ; assault by threat .
2)Crime against property :- that include cyber sqyatting and cyber vandalism : Intelectual property crime ; hacking computer system ; transmitting virus : cyber tresspass ; internet time theft
3)Cyber crime against government :- that includes cyber warfare , cyber terrorism : distribution of pirated software , possesion of un-authorised software .
Analysis of cyber crime in India :-
With over 560 million internet users, India is the world's second largest online market, trailing only China. It is expected that by 2023, the country will have over 650 million internet users. According to the most recent NCRB data, a total of 27, 248 cases of cybercrime were registered in India in 2018.
In the same year, 1205 cybercrime cases were registered in Telangana. According to the FBI, India ranks third among the top 20 cybercrime victims. The central government's national cybercrime reporting portal (cybercrime.gov.in), which was launched last year, has received 33,152 complaints, resulting in the filing of 790 FIRs.
According to a 2017 report, Indian consumers lost more than 18 billion US dollars as a result of cybercrime. In 2018, over 27,000 cases of cybercrime were reported in the country, representing an increase of more than 121% over the previous year.
Cyber laws In India :-
The Computer Fraud and Abuse Act of 1986 was the first cyber law ever passed. It forbids unauthorised computer access and the illegal use of digital information.
Cybercrime is a new type of crime that is on the rise as a result of the widespread use of the internet these days. To combat internet-related crimes The Information Technology Act of 2000 was passed with the primary goal of creating an enabling environment for commercial use of I.T. The The IT Act defines the offences that have been made punishable. The Indian Penal Code, 1860, has also been amended to include cybercrime.
The various offenses related to internet which have been made punishable under the IT Act and the IPC are enumerated below:
Cyber crimes under the IT Act:
Tampering with Computer source documents - Sec.65
Hacking with Computer systems, Data alteration - Sec.66
Publishing obscene information - Sec.67
Un-authorised access to protected system Sec.70
Breach of Confidentiality and Privacy - Sec.72
Publishing false digital signature certificates - Sec.73
Cyber Crimes under IPC and Special Laws:
Sending threatening messages by email - Sec 503 IPC
Sending defamatory messages by email - Sec 499 IPC
Forgery of electronic records - Sec 463 IPC
Bogus websites, cyber frauds - Sec 420 IPC
Email spoofing - Sec 463 IPC
Web-Jacking - Sec. 383 IPC
E-Mail Abuse - Sec.500 IPC
Cyber Crimes under the Special Acts:
Online sale of Drugs under Narcotic Drugs and Psychotropic Substances Act
Online sale of Arms Arms Act
Landmark Judgement :-
The following are landmark decisions on cybercrime in India. The first cybercrime occurred in 1992, with the release of the first polymorphic virus. One of the earliest examples of cybercrime in India was the case of Yahoo v. Akash Arora (1999). In this case, the defendant, Akash Arora, was accused of using the trademark or domain name 'yahooindia.com,' and a permanent injunction was sought. Another example is the case of Vinod Kaushik and others v. Madhvika Joshi and others (2012), in which the court ruled that accessing the e-mail accounts of the spouse and father-in-law without their consent is prohibited under Section 43 of the IT Act, 2000. In this case, a decision was made in 2011. All of these cases deal with the evolution of cybercrime, with a focus on India.
Some famous case laws are listed below :-
1, State of Tamil Nadu v. Suhas Katti (2004) :- The lawsuit stems from an obscene, defamatory, and harassing remark made on a Yahoo chat group about a divorced woman. The accused also forwarded emails seeking information to the victim via a bogus email account he set up in the victim's name. Because of the message's publication, the lady received a slew of harassing phone calls from people who mistook her for a soliciter.
The defendant paid the fine and was sentenced to Central Prison in Chennai. This is India's first conviction under Section 67 of the Information Technology Act of 2000.
2, Poona Auto Ancillaries Pvt. Ltd., Pune v. Punjab National Bank, HO New Delhi & Others (2013) :- In one of the largest compensation awards in a judicial adjudication of a cybercrime case, Maharashtra's IT secretary Rajesh Aggarwal ordered Punjab National Bank (PNB) to pay Rs 45 lakh to complainant Manmohan Singh Matharu, MD of Pune-based business Poona Auto Ancillaries, in 2013. A fraudster deposited Rs 80.10 lakh from Matharu's PNB account in Pune after he responded to a phishing email. Because he responded to the phishing email, the complainant was asked to share responsibility, but the bank was held accountable due to a lack of appropriate security checks against fraudulent accounts created to defraud the Complainant.
Conclusion :-
The cyber law regime is governed by the IT Act and the Rules promulgated under it. When the IT Act is unable to provide for a specific type of offence or does not include exhaustive provisions for an offence, the provisions of the Indian Penal Code, 1860, may be used. The current cyber law system, however, is insufficient to deal with the wide range of cybercrimes that exist. As the country moves toward the 'Digital India' movement, cybercrime is evolving at a rapid pace, with new types of cybercrime being added to the cyber law regime on a daily basis. As a result, some changes to the laws are required to reduce such crime.
Suggestion :-
We live in a digital age, and cyberspace is not limited to one's own boundaries; rather, it encompasses the entire globe. As a result, cybercrime is on the rise in all countries, including India. The most difficult aspect of cybercrime is its dynamic nature as a result of the ongoing evolution of digital technology. As a result, new cybercrime methods and techniques emerge.
As a result, cybercrime should be treated as seriously as any other type of crime in our society, such as theft, rape, or murder.
Comments