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In the era of cyber world as the usage of computers became more popular, there was expansion in the growth of technology as well, and the term ‘Cyber’ became more familiar to the people. The evolution of Information Technology (IT) gave birth to the cyber space wherein internet provides equal opportunities to all the people to access any information, data storage, analyse etc. with the use of high technology. Due to increase in the number of netizens, misuse of technology in the cyberspace was clutching up which gave birth to cyber crimes at the domestic and international level as well.

 

Though the word Crime carries its general meaning as “a legal wrong that can be followed by criminal proceedings which may result into punishment” whereas Cyber Crime may be “unlawful acts wherein the computer is either a tool or target or both”.

 

The world 1st computer specific law was enacted in the year 1970 by the German State of Hesse in the form of ‘Data Protection Act, 1970’ with the advancement of cyber technology. With the emergence of technology the misuse of technology has also expanded to its optimum level and then there arises a need of strict statutory laws to regulate the criminal activities in the cyber world and to protect technological advancement system. It is under these circumstances Indian parliament passed its “INFORMATION TECHNOLOGY ACT, 2000” on 17th oct to have its exhaustive law to deal with the technology in the field of e-commerce, e-governance, e-banking as well as penalties and punishments in the field of cyber crimes.

 

  • Cyber Crimes Actually Means: It could be hackers vandalizing your site, viewing confidential information, stealing trade secrets or intellectual property with the use of internet. It can also include ‘denial of services’ and viruses attacks preventing regular traffic from reaching your site. Cyber crimes are not limited to outsiders except in case of viruses and with respect to security related cyber crimes that usually done by the employees of particular company who can easily access the password and data storage of the company for their benefits. Cyber crimes also includes criminal activities done with the use of computers which further perpetuates crimes i.e. financial crimes, sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail, spoofing, forgery, cyber defamation, cyber stalking, unauthorized access to Computer system, theft of information contained in the electronic form, e-mail bombing, physically damaging the computer system etc.
  • Classifications Of Cyber Crimes: Cyber Crimes which are growing day by day, it is very difficult to find out what is actually a cyber crime and what is the conventional crime so to come out of this confusion, cyber crimes can be classified under different categories which are as follows:

1. Cyber Crimes against Persons:

There are certain offences which affects the personality of individuals can be defined as:

  • Harassment via E-Mails: It is very common type of harassment through sending letters, attachments of files & folders i.e. via e-mails. At present harassment is common as usage of social sites i.e. Facebook, Twitter etc. increasing day by day.
  • Cyber-Stalking: It means expressed or implied a physical threat that creates fear through the use to computer technology such as internet, e-mail, phones, text messages, webcam, websites or videos.
  • Dissemination of Obscene Material: It includes Indecent exposure/ Pornography (basically child pornography), hosting of web site containing these prohibited materials. These obscene matters may cause harm to the mind of the adolescent and tend to deprave or corrupt their mind.
  • Defamation: It is an act of imputing any person with intent to lower down the dignity of the person by hacking his mail account and sending some mails with using vulgar language to unknown persons mail account.
  • Hacking: It means unauthorized control/access over computer system and act of hacking completely destroys the whole data as well as computer programmes. Hackers usually hacks telecommunication and mobile network.
  • Cracking: It is amongst the gravest cyber crimes known till date. It is a dreadful feeling to know that a stranger has broken into your computer systems without your knowledge and consent and has tampered with precious confidential data and information.
  • E-Mail Spoofing: A spoofed e-mail may be said to be one, which misrepresents its origin. It shows it’s origin to be different from which actually it originates.
  • SMS Spoofing: Spoofing is a blocking through spam which means the unwanted uninvited messages. Here a offender steals identity of another in the form of mobile phone number and sending SMS via internet and receiver gets the SMS from the mobile phone number of the victim. It is very serious cyber crime against any individual.
  • Carding: It means false ATM cards i.e. Debit and Credit cards used by criminals for their monetary benefits through withdrawing money from the victim’s bank account mala-fidely. There is always unauthorized use of ATM cards in this type of cyber crimes.
  • Cheating & Fraud: It means the person who is doing the act of cyber crime i.e. stealing password and data storage has done it with having guilty mind which leads to fraud and cheating.
  • Child Pornography: It involves the use of computer networks to create, distribute, or access materials that sexually exploit underage children.
  • Assault by Threat: refers to threatening a person with fear for their lives or lives of their families through the use of a computer network i.e. E-mail, videos or phones.

2. Crimes Against Persons Property:

As there is rapid growth in the international trade where businesses and consumers are increasingly using computers to create, transmit and to store information in the electronic form instead of traditional paper documents. There are certain offences which affects persons property which are as follows:

  •  Intellectual Property Crimes: Intellectual property consists of a bundle of rights. Any unlawful act by which the owner is deprived completely or partially of his rights is an offence. The common form of IPR violation may be said to be software piracy, infringement of copyright, trademark, patents, designs and service mark violation, theft of computer source code, etc.
  • Cyber Squatting: It means where two persons claim for the same Domain Name either by claiming that they had registered the name first on by right of using it before the other or using something similar to that previously. For example two similar names i.e. www.yahoo.com and www.yaahoo.com.
  • Cyber Vandalism: Vandalism means deliberately destroying or damaging property of another. Thus cyber vandalism means destroying or damaging the data when a network service is stopped or disrupted. It may include within its purview any kind of physical harm done to the computer of any person. These acts may take the form of the theft of a computer, some part of a computer or a peripheral attached to the computer.
  • Hacking Computer System: Hacktivism attacks those included Famous Twitter, blogging platform by unauthorized access/control over the computer. Due to the hacking activity there will be loss of data as well as computer. Also research especially indicates that those attacks were not mainly intended for financial gain too and to diminish the reputation of particular person or company.
  • Transmitting Virus: Viruses are programs that attach themselves to a computer or a file and then circulate themselves to other files and to other computers on a network. They usually affect the data on a computer, either by altering or deleting it. Worm attacks plays major role in affecting the computerize system of the individuals.
  • Cyber Trespass: It means to access someone’s computer without the right authorization of the owner and does not disturb, alter, misuse, or damage data or system by using wireless internet connection.
  • Internet Time Thefts: Basically, Internet time theft comes under hacking. It is the use by an unauthorised person, of the Internet hours paid for by another person. The person who gets access to someone else’s ISP user ID and password, either by hacking or by gaining access to it by illegal means, uses it to access the Internet without the other person’s knowledge. You can identify time theft if your Internet time has to be recharged often, despite infrequent usage.

3. Cybercrimes Against Government:

There are certain offences done by group of persons intending to threaten the international governments by using internet facilities. It includes:

  •  Cyber Terrorism: Cyber terrorism is a major burning issue in the domestic as well as global concern. The common form of these terrorist attacks on the Internet is by distributed denial of service attacks, hate websites and hate e-mails, attacks on sensitive computer networks etc. Cyber terrorism activities endanger the sovereignty and integrity of the nation.
  • Cyber Warfare: It refers to politically motivated hacking to conduct sabotage and espionage. It is a form of information warfare sometimes seen as analogous to conventional warfare although this analogy is controversial for both its accuracy and its political motivation.
  • Distribution of pirated software: It means distributing pirated software from one computer to another intending to destroy the data and official records of the government.
  • Possession of Unauthorized Information: It is very easy to access any information by the terrorists with the aid of internet and to possess that information for political, religious, social, ideological objectives.

4. Cybercrimes Against Society at large:

An unlawful act done with the intention of causing harm to the cyberspace will affect large number of persons. These offences includes:

  •  Child Pornography: It involves the use of computer networks to create, distribute, or access materials that sexually exploit underage children. It also includes activities concerning indecent exposure and obscenity.
  • Cyber Trafficking: It may be trafficking in drugs, human beings, arms weapons etc. which affects large number of persons. Trafficking in the cyberspace is also a gravest crime.
  • Online Gambling: Online fraud and cheating is one of the most lucrative businesses that are growing today in the cyber space. There are many cases that have come to light are those pertaining to credit card crimes, contractual crimes, offering jobs, etc.
  • Financial Crimes: This type of offence is common as there is rapid growth in the users of networking sites and phone networking where culprit will try to attack by sending bogus mails or messages through internet. Ex: Using credit cards by obtaining password illegally.
  • Forgery: It means to deceive large number of persons by sending threatening mails as online business transactions are becoming the habitual need of today’s life style.

Affects To Whom: Cyber Crimes always affects the companies of any size because almost all the companies gain an online presence and take advantage of the rapid gains in the technology but greater attention to be given to its security risks. In the modern cyber world cyber crimes is the major issue which is affecting individual as well as society at large too.

Need of Cyber Law: information technology has spread throughout the world. The computer is used in each and every sector wherein cyberspace provides equal opportunities to all for economic growth and human development. As the user of cyberspace grows increasingly diverse and the range of online interaction expands, there is expansion in the cyber crimes i.e. breach of online contracts, perpetration of online torts and crimes etc. Due to these consequences there was need to adopt a strict law by the cyber space authority to regulate criminal activities relating to cyber and to provide better administration of justice to the victim of cyber crime. In the modern cyber technology world it is very much necessary to regulate cyber crimes and most importantly cyber law should be made stricter in the case of cyber terrorism and hackers.

Penalty For Damage To Computer System: According to the Section: 43 of ‘Information Technology Act, 2000’ whoever does any act of destroys, deletes, alters and disrupts or causes disruption of any computer with the intention of damaging of the whole data of the computer system without the permission of the owner of the computer, shall be liable to pay fine upto 1crore to the person so affected by way of remedy. According to the Section:43A which is inserted by ‘Information Technology(Amendment) Act, 2008’ where a body corporate is maintaining and protecting the data of the persons as provided by the central government, if there is any negligent act or failure in protecting the data/ information then a body corporate shall be liable to pay compensation to person so affected. And Section 66 deals with ‘hacking with computer system’ and provides for imprisonment up to 3 years or fine, which may extend up to 2 years or both.

 

Case Study-Attacks on Cyberspace: 

  • Worm Attack: The Robert Tappan Morris well Known as First Hacker, Son of former National Security Agency Scientist Robert Morris, was the first person to be prosecuted under the ‘Computer and Fraud Act, 1986’. He has created worm while at Cornell as student claiming that he intended to use the worm to check how large the internet was that time. The worm was uncontrollable due to which around 6000 computer machines were destroyed and many computers were shut down until they had completely malfunctioned. He was ultimately sentenced to three years probation, 400 hours of community service and assessed a fine of $10500. So there must be strict laws to punish the criminals who are involved in cyber crime activities.
  • Hacker Attack: Fred Cohen, a Ph.D. student at the University of Southern California wrote a short program in the year 1983, as an experiment, that could “infect” computers, make copies of itself, and spread from one machine to another. It was beginning & it was hidden inside a larger, legitimate program, which was loaded into a computer on a floppy disk and many computers were sold which can be accommodate at present too. Other computer scientists had warned that computer viruses were possible, but Cohen’s was the first to be documented. A professor of his suggested the name “virus”. Cohen now runs a computer security firm.
  • Internet Hacker: Wang Qun, who was known by the nickname of “playgirl”, was arrested by chinese police in the Hubei province first ever arrest of an internet hacker in China. He was a 19 year old computing student, arrested in connection with the alleged posting of pornographic material on the homepages of several government-run web sites. Wang had openly boasted in internet chat rooms that he had also hacked over 30 other web sites too.

 

Preventive Measures For Cyber Crimes:

Prevention is always better than cure. A netizen should take certain precautions while operating the internet and should follow certain preventive measures for cyber crimes which can be defined as:

  • Identification of exposures through education will assist responsible companies and firms to meet these challenges.
  • One should avoid disclosing any personal information to strangers via e-mail or while chatting.
  • One must avoid sending any photograph to strangers by online as misusing of photograph incidents increasing day by day.
  • An update Anti-virus software to guard against virus attacks should be used by all the netizens and should also keep back up volumes so that one may not suffer data loss in case of virus contamination.
  • A person should never send his credit card number to any site that is not secured, to guard against frauds.
  •  It is always the parents who have to keep a watch on the sites that your children are accessing, to prevent any kind of harassment or depravation in children.
  • Web site owners should watch traffic and check any irregularity on the site. It is the responsibility of the web site owners to adopt some policy for preventing cyber crimes as number of internet users are growing day by day.
  • Web servers running public sites must be physically separately protected from internal corporate network.
  •  It is better to use a security programmes by the body corporate to control information on sites.
  • Strict statutory laws need to be passed by the Legislatures keeping in mind the interest of netizens.
  • IT department should pass certain guidelines and notifications for the protection of computer system and should also bring out with some more strict laws to breakdown the criminal activities relating to cyberspace.
  • As Cyber Crime is the major threat to all the countries worldwide, certain steps should be taken at the international level for preventing the cybercrime.
  • A complete justice must be provided to the victims of cyber crimes by way of compensatory remedy and offenders to be punished with highest type of punishment so that it will anticipate the criminals of cyber crime.

Conclusion:

Since users of computer system and internet are increasing worldwide, where it is easy to access any information easily within a few seconds by using internet which is the medium for huge information and a large base of communications around the world. Certain precautionary measures should be taken by netizens while using the internet which will assist in challenging this major threat Cyber Crime.

39 Responses to “CYBER CRIMES AND THE LAW”

  1. Joshi Ambakkat

    somebody committed cheated { withdrew ed money from Bank Account } which act applied for the same..?

    Reply
  2. Manu Ghadshi

    I have a friend who is simultaneously harassing me for ma naked pics….n says if I won’t send them those pics then he vl web ma some of pics which I sender him b4….

    Reply
  3. Amit

    I am getting some defamation e-mails from a known person(neighbor) who is also distributing those e-mails to other neighbors. How I can stop these things thru the help of law?

    Reply
  4. vipul panchal

    dear sir,
    Some one is using my machine image./photo i his website show that he also make same machine as we are making.

    How to take legal action, previousely he made the mistake, that time we have given him legal notice to remove from his website and they removed, but once again they have do the same.

    How to go about it?

    Awaiting your reply.

    Reply
  5. Gautam kumar

    Hi
    Mere dost ka photo lagaker porn pic.. dalkar use badnam kiya ja raha hi .us person ka contect no.or password kaise pasta chlega. Please help me

    Reply
  6. MD Masood

    Sir,
    I have been deceived by a fake facebook account who is pretending that he is a police officer in intelligence. What is the punishment for making a fake facebook account and using the same to tease people?

    Reply
  7. MD. Masood

    Sir,
    I have been deceived by a fake facebook account who is pretending that he is a police officer in intelligence. What is the punishment for making a fake facebook account and using that account for teasing people?

    Reply
  8. Shubham

    Dear Sir,

    Plz confirm that i saved my email id password in my diary just to remember but my friend has stolen the same & misuse it. Now i want to sue him plz confirm that it comes under which section of IT/ Cyber Crime Act. Additionally, whats the punishment under the suggested Section.

    Reply
  9. sidh

    hello…sir
    mere friend ne fake account pe Mere cell No. dal ke Abuseing ki hai. So mujhe kya karna chahiye.

    Reply
  10. piyush gupta

    hello sir,

    sir can i use the above content in my manuscript and full paper publishing.
    For my mtech cs third sem i have to give a national paper so i like this subject so you are request to give me permission to use this content for my research purpose only .

    thanks in advance

    piyush

    Reply
  11. Ankur

    Hi, If a person is doing online purchase and that site use to keep the users cards details , password and use to do transaction on the users behalf. Is this a ciber crime if yes then under which section it will fall. Thanks

    Reply
  12. Ankur Agrawal

    Hi,

    If a person is doing online purchase and that site use to keep the users cards details , password and use to do transaction on the users behalf. Is this a ciber crime if yes then under which section it will fall.

    Thanks

    Reply
  13. Ankur Agrawal

    hi,

    if any site use to keep users card details and secure password without the knowlage of user and do the transaction on his/her behalf, is this a ciber crime the under which section will this fall of ciber crime law in india.

    thanks

    Reply
  14. Anand

    First of all article 66a does not deal with “who” sent the mail as mail is only sent by i.p address and so anyone can hack a mail account and send mail to anybody without u knowing that it has been hacked. There is something called cracking of email password which is not even close to hacking but can be used against anyone. Second most important thing if I make an email id by the name Amitabh Bachchan that does not mean it belongs to Mr. Bachchan. You can prove your innocence by producing witness like your student friends who used your lappi. This does not invite any threat don’t worry. According to IPC you are not guility unless you are proved guilty. And proving is not a short cut process. Please consult some IT technicians help to understand this. I am post graduate in computer application and ethical hacking but being professional I would suggest you to take help of some IT guy who makes you understand few ins and outs and do consult some good layer in your family you can trust. This is now days all business and one more advise – Never let anyone use your lappi this should be your life mantra. Grow up u are not a kid now. World is full of bastards you never know who is sitting next to you. God bless you and I would pray for your help from God. Stay safe and do keep your elders informed in this.

    Reply
  15. mohan

    hi sir,
    some people give add in paper regarding network installation they looted the money and now the mobile’s switch off..pls help me i lost my friend because of this…

    Reply
  16. Anonymous

    Hello Sir,
    If someone known threatens you for your email password and then changes all the security settings (mobile no , security question, alternate email id etc). Later on removes my complete access to other online accounts on social networking sites. Using data in my email to blackmail me,.
    Does this falls under any cyber crime, what will be the further consequences or impacts of such a crime if reported.
    Presently, I am not having access to any of my accounts.
    Please brief me about this issue.
    Thanks.

    Reply
  17. Bittu

    I m a medical student and i havea laptop i live in hostel so everyone in hostel uses my laptop for checking email fb or to book ticket or for study purpose .now mera room partner mujse jhagdne laga and mjse bdla lene ke liye usne merelaptop se apni girlfrnd ki fake fbid create karke mere against fir karva under it section 66 66a and nw they are blackmailing tome and my family. me bhut badi musibat me fas chuka hu and vo log mera carrier barbaadkarne par lage huye he now hw can i proove tht i didnt make thtfake id plz help me

    Reply
  18. Ganesh Chaudhari

    Hi Sir, I have an information about one company in Pune which is using Microsofts Pirated products and I want to give this information to cyber crime department or Microsoft Piracy Department so that the take action against the company but need not want to show my personal information to the company against whom I am lodging complaint. What I need to do for that?

    Reply
  19. anonymous

    sir, i want to clarify very something important regarding a misuse of my confidential information by some anonymous people who have been torturing and harrassing me for 5 – 6years by tracing out my personal and confidential information and spreading it like a rumour to others.
    The problem is so much severe that the persons involved have even come to my home and threatened me and insulted me and my family four years back ,when i told them that i will legal action if they continued doing the same.
    The matter is that they have traced out my exam registration number and other private details and spread it to others. what can be done about this.

    Reply
  20. SHOURJYA GHOSH

    i am studing b.tech in computer sc. & tech.
    i want to be in cyber crime depertment from computer background .
    which way i can go??

    Reply
  21. velusamy

    Dear Sir,
    i had an employee for conductig online training for students and provided with proper software and allowed him to deal the client putting trust in him. After working for two years he misused the software for his own
    benefits in different IPS and the the company from where we bought the software automatically locked it.
    On enquiring they said it is a fraud and cheating.The employee also contacted our service provider to do the project
    himself without our knowledge.Please advice us with the laws to take up the case legally.

    Reply
  22. Nilesh Patel

    i want to know that if i bought something from a website , after some time they change that thing without my consent . they deducted money for first thing than they refund diffrence amount between 2 thing. but i want first thing they shown me and took money for same . and now they try to sale me other thing .

    is it cyber crime or cheat on internet?

    Reply
  23. tuppera shivkumar

    http://www.shakespearerevived.com is a site registered in my name since 2005 and continues to be me domain till date. the intellectual data I placed under this site is hacked by Engessays.com Eduessays.com my comments are being sold @ 12 US dollars per down load from 2006 by this hacker. I have lodged a complaint with the Addl DGP CID and forwaded down the channel through DCP. Can anything be done by them since the hacker is a foreign national and radiating from San Antonio Texas.

    Reply
  24. sanjay

    hello sir,
    what is legal hacking in india with facebook.
    say your think in yes/no
    1. fake facebook account hack
    2. face and dirty page of facebook
    3. what is punishment of hack relate to facebook in india.
    i am a student and i want this answer for case study.

    Reply
  25. Ajaz

    some one harress me on facebook and abusing me and my family through some unexpected word, Is there any possiblities to take take some leagal action against that person

    Reply
  26. Aditya Kajla

    Sir,agar koi individual apne Facebook wall par Govt. Of India ke against me bahut abhadra bhasha ka use karta hai aur abuse karta hai to kya iske liye koi legal procedure hai n also tel me ki mai us person ke against koi complaint kahan par file kar sakta hu.or iske liye sazaa ka kya praavdhan hai….??

    Reply
  27. mrs khan

    sir ,, pls batayn aagar koee aadmee ,, enternet kay zareya ,, urtoo ko phasata hay ,,un say chootee batay karkay sgadee karlata hay ,,, us kay leya cyber crime ka khay law hay ,,pls reply mee soon

    Reply
  28. kshitiz

    dear sir,
    ek N.G.O. ka sanchalak apni sanstha se judi ladkiyon ke sath anaitik sambandh rakhta hai aur unki porn C.D. BANATA HAI.to us par kis tarah ki karywahi ki jaa sakti hai aur kin dharaon ke antargat.
    please reply fast.

    Reply
  29. Oinam Tombi Singh

    I have ordered a Zync Z930 7 Inch Tablet online from timtara on 27th Dec 2012 Order #10377168.
    Their address is :
    Timtara
    InfoSecure Consulting Pvt Ltd
    B-26, Second Floor,
    Sector 8
    Noida-201301

    It is already more than 3 weeks and they never dispatched me. The product was not delivered nor my
    amount was refunded inspite of many reminder to them by email and to their customer care
    everyday. I am calling their customer care nos 1035- 6670700/0135-3051500 every day. Sometimes
    they told me they will be sending soon. Sometimes they told me that they will contact me.
    Sometimes they I want to try to process to get back my money which I have paid Rs 3,440 to
    them. Today they told me they are contacting the manufacturer for the product. Please help me in getting my money back.

    Reply
  30. vinod andhalkar

    i m runing a cyber .Due to Cyber Issue in pune, police are not allowing to install deep freeze software, this software protects computer from virsus & unwanted files but now due to this issue i m facing lot of issue, can any one guide me how to keep the required data also and PC clean & fast

    Reply
  31. arijit ghosh

    Sir,
    I am ARIJIT GHOSH and need to know either my complaint is cyber crime in india or not.
    I have submitted a petition before the land revenue office in regard to misleading inspection on 17.02.2012 under RTI ACT.
    But the govt offices issued a computer generated memo on 17.07.2012 and received the same memo on 16.08.2012.My question is just to escape from penalty under RTI ACT the officer signed the manipulated date and stored the computer alternation data.Is it Cyber crime ?

    Reply
  32. Parveen Sharma

    Dear Sir,

    My Self is Parveen Sharma from Gurgaon, I need to know either my complaint comes under Cyber law of india or not.

    I am doing small shop of Garments, and placed an order for Original stuff of Denim and Shirt to Oswal Exporter , based at Ahmedabad. He committed that he has all the stuff in Original and doin his marketing thru Internet on Olx.com and other website.

    But when i received the order, and realized that all the stuff is made up or copy. They are just using other Brand name and doing their own manufactring of Denim and Shirts. i would request you, please let me know if any action can be taken against him or not.

    Waiting for your reply.

    Thanks,
    Parveen Sharma
    9871124738

    Reply
  33. Lally

    1. Can any one use the ATM Card of an expired person and withdraw money from his bank account for what ever reasons?
    2. Can it be proved legal in any way?
    3. Can the father of the account holder in case he is appointed nominee and at the same time has disowned his same son ABOUT 3 YEARS before he was appointed nominee operate his account using ATM Card and PW post his death.
    4. Can any one of his relatives sister, brother in law etc operate his account using ATM Card and secret PW?
    5. If its illegal then under what sections off IPC the accused are to be charged with?
    Thanks& Best regards,

    Reply

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