Author: Ifra Saifi, IV year of B.A.,LL.B. from Jamia Hamdard University
“The Internet is a worldwide platform for sharing information. It is a community of common interests. No country is immune to such global challenges as cybercrime, hacking,and invasion of privacy.” The come up and advancement of technologies has made humans dependent on Internet for his every need. Internet has provided an easy access to each and everything while sitting at home. Like, social interaction with people all around the world, online shopping, saving data, playing games, studying online, applying for jobs, every possible thing a man can think of are now available to human in a very easy way. Internet is used in almost every sector and in every way. With the development of the internet and advantages related to it can also developed the conceptof cyber-crimes. The 20th century has brought to reality the possibility of the global town, where digitaltechnology has interconnected and enmeshed the world economies, societies and populaces. India is no exception, with the internet usage rate in the nation remained at around 50% in 2020. This implied that around half of the 1.37 billion Indians approached internet that year. Making it the second-biggest web population in the world. While more prominent network by means of the internet guarantees huge scope progress, it likewise leaves our digital societies open to new vulnerabilities. Cyber-Crime knows no fringes and develop at a movement at standard with emerging technologies.
People assume that only stealing somebody's private information is Cyber-Crime. However, in characterizing terms we can say that 'Cyber-Crime alludesto the utilization of an electronic gadget(PC, laptop, etc.) for taking somebody's information or attempting to harm them by using the accessof internet in a wrong way. Plus, it is a criminalactivity that includesa progression of issues going from robbery to utilizing your framework or IP address as an instrument for perpetrating a crime.
New technologies createnew crimes. What distinguishes cyber-crime from other crimes?Clearly, one difference is the use of computer, however technology innovations alone is insufficient for any differentiation that may exist between various domains of crime. Criminals do not need a computer to commit crimes, traffic in child pornography entertainment and intellectual property, steal an identity, or intrude in somebody’s privacy,every one of those exercises existed before the "cyber" prefix got omnipresent. Cybercrime, particularly including the Internet, speaks to an expansion of existing criminal conduct close by some novel criminaloperations.
Distinguishing possess major challenges for cyber-crime. One thing which is normal it comes to ID part in cyber-crime is anonymous identity. It is a significant simple undertaking to make false personalities and perform cyber-crime using that identity. Cyber-crime being technology driven develops constantly and keenly making it hard for cyber investigator in discovering solution identified with cyber law crimes. Crimes committed over web are altogether different in nature when compared with the crimes in day to day world. In crimes connected with the internet there isn't anything kind of actual impressions, unmistakable follows or object to track cyber criminals down. Cyber-crime possesses tremendous sum entanglements with regards to investigation. Therecan be situation where crimes committed over web include at two different places in totally different directions of the world. This convolutes the jurisdictional part of crime detected with web.
Most cyber-crime is an attack on information about individuals, corporations, or governments. Although the attacks do not take place on a physical body, they do take place on the personal or corporatevirtual body, which is the set of informational attributes that define people and institutions on the Internet. Classification of Cyber-Crime Cyber-crimes can be classified into 4 parts: 1. Cyber-crimes relatedto humans 2. Cyber-crimes relatedto property 3. Cyber-crimes relatedto government 4. Cyber-crimes relatedto finance
Cyber-crimes related to Humans: The first category includes various crimes like transmission of child pornography, harassment of any one with the use of a computer such as e-mail. The trafficking, distribution, posting, and dissemination of obscene material including pornography and indecent exposure, constitutes one of the most important Cyber-crimes known in today’s world. The potentialharm of such a crime to humanity can hardly be amplified.
Cyber-crimes relatedto Property: The second category of Cyber-crimes is that of Cyber-crimes against all forms of property. These crimes include destruction of others' property (computer vandalism) transmission of harmfulprogrammers.
Cyber-crimes relatedto Government: Thethird category includes Cyber crimes against Government. Cyber terrorism is one specialkind of crime in this category. The growth of internet has shown that the medium of Cyberspace is being used by individuals and groups to threaten the international governments as also to terrorize the citizens of a country.This crime manifestsitself into terrorismwhen an individual “crack”into a government or militarymaintained website.
Cyber-crimes related to Finance: The crime related to finance takes place when the websites steal the money of client or account holders. Similarly, they additionally took information of organizations which can prompt financial crimes.Additionally, exchanges are vigorously gambled.Every year hackersstole lakhs and crores of rupees of business men and government.
Cyber-crimes and Indian laws
Cyber-crime, is a type of crime that is committed in the cyber world. This crime is a new type of crime that has expanded its roots to almost every aspect of life of the citizens. Indian law has not defined the term 'cyber-crime' as such, however,an act has been introduced which we know as the Information Technology Act 2000 (IT Act).
Cyber-crimes are recognized under IT Act 2000 Hacking and Data Theft: Sections 43 and 66 of the IT Act penalize so many web criminal activities from hackinga computer network,data theft, introducing and spreading virusesthrough computer networks, damaging computer networks and programs, disrupting computer system, denying an authorized person’s access to a computer, damaging the information residing inside a computer etc. The punishment for this offence is imprisonment of up to 3years or a fine or Rs. 5,00,000 (Rupeesfive lac) or both.
Receipt of stolen property: Section 66B of the IT Act states punishment for taking any stolencomputer resource dishonestly. This section demandsfor a person that receivethe stolen propertyknowingly that it is a stolen property. The punishment for this offence under Section 66B of the IT Act is imprisonment of up to 3yearsor a fine of up to Rs. 1,00,000 or both.
Identity theft and cheating by personation: Section 66C of the IT Act introduces punishment for identity theft and states that anyone who fraudulently makes use of the electronic signature, password or any other unique identification feature of other person shall be punished with an imprisonment of either description for a term which may extend to 3years and also be liable for fine which may extend to Rs. 1,00,000.
Obscenity: Sections 67, 67A and 67B of the IT Act prescribe punishment for publishing or transmitting, in electronic form:
a) obscene material
b) material containingsexually explicit act c) material depicting children in sexually explicit act. The punishment for the offence mentioned under section 67 of the IT Act is on the first conviction, imprisonment of either description for a term which may extend to 3years, with a fine of Rs. 5,00,000 which can also extend and in the event of second conviction, imprisonment for either description for a term which may extend to 5years with a fine of Rs. 10,00,000 which can be extend. The punishment stated under sections 67A and 67B of the IT Act is on first conviction, imprisonment of either description for a term which may extend to 5years with a fine of Rs. 10,00,000.
Cyber-crimesare recognized under IPC
Offences under sections 463 and 465 (forgery). Sections 425 and 426 (mischief). Section 468 (forgery for the purpose of cheating). Section469 (forgery for the purposeof harming reputation). Section 292 (sale, etc., ofobscene books, etc.). of the IPC are non-compoundable offences.
But offences under,Sections 378 and 379 (theft).420 (cheating and dishonestly inducingdelivery of property). Sections 425 and 426 (mischief when the only loss or damage caused is loss or damage to a private person). Section 509 (word, gesture or act intended to insult the modesty of a woman). Section 411 (Dishonestly receiving stolen property) and Section 419 (Punishment for cheatingby personation) of the IPC are compoundable offences. Offences under sections 420 and 509 can be compounded only with the permission of the court. Almost all the cyber-crimes under the IPC are cognizable other than the offences under sections 425 and 426 (mischief) and sections 463 and 465 (forgery) which are non-cognizable.
To conclude I would like to say that cyber crime is such a dangerous offence. It is the matter of destroying someone’s privacy or any material. This is not some which a normal human cannot handlewe can handle it by some common sense and logic.
To stop this from spreading and to protect the interest of the people the government has made several laws relatedto Cyber Crimes. These laws provide protection against Cyber Crime. The government has introduced cyber cells in police stations to resolve the problemof Cyber Crime as fast as they can. Few years back, there was absence of awareness aboutthe crimes that could be committed throughweb. In the issues of cyber-crimes, India is additionally not a long ways behind different nations where the pace of occurrence of cyber-crimes is likewise expanding step by step.
In the report presented by the National Crime Records Bureaureport (NCRB 2011), where the rate of cyber-crime under the IT Act has expanded by 85.4% in the year 2011 when compared with 2010 in India, though the expansion in occurrence of the crime under IPC is by 18.5% when compared with the year 2010. Visakhapatnam records the greatest number of frequency of cases. Maharashtra has arisen as the focal point of cyber-crime with most extremenumber of frequencies of enlisted cases under this context. Hackingwith computer systemand revolting distribution were the fundamental cases under IT Act for cyber-crimes. Greatest criminals captured for this offence were in the age group of 18-30 years. 563 people in the age of 18-30 years were captured in the year 2010 which had expanded to 883 in the year 2011.