May 6, 2021

Cyber Crime

MEANING: The word ‘Cyber Crime’ is not defined in any law. The ‘Cyber’ word is used for anything relating to or characteristics of the culture or computers, information technology, and virtual reality.[1] Therefore, it is said that the cyber-crimes are the offence related to the computer and its source. The Cyber Crime is increasing day by day as in todays world people are connected through internet and also most of the work is done through computer source. The Oxford Reference Online defines ‘Cyber Crime’ as “crime committed over the Internet”. For understanding the concept of Cyber Crime, it is necessary to see the concept of crime attach with the computer and the internet. The concept of Cyber Crime is not radical different from the concept of conventional crime. Both include the conduct whether act or omission which causes breach of rules of law and counterbalance by the state.[2]

TYPES OF CYBER CRIME: Cyber Crime is increasing day by day due to the increasing number of activities through internet there are details of the people which a person can easily hack and then those details against that person. There are various crimes are happening through the computer and its network and resources like unauthorized access of computer, cyber-stalking, stole bank information of other person, phishing, stolen the identity of person by hacking his detail and then use that person account as his, cyber bullying, cyber defamation, cyber terrorism and other types of fraud as different person uses different methods and ways to commit crime.

In todays era there are large number of people who are addicted to the social media the people are using for fun and are connecting to various people through social media and people are that much addicted to it that without even thinking they provide their day to day detail on it and the criminals get their information easily and then they use that information to commit a crime by using such information they even kidnap the people. The crime committed through the computer source has a covered a wide area as there are lot of crimes which are committed through it. The main thing due to these crimes committed is information of the people which person uses in different way to commit crime some uses for stealing the money, some uses for kidnapping. Different type of viruses also used to get information or to destroy the information. So, these crimes are committed for various reasons to a different type of people as it caused harm to individuals, organizations and even government.

IMPACT OF CYBER CRIME: Cyber Crime has a great impact on the people as people are facing loses socially, economically as well as emotionally. The people are suffering economically as the cyber criminals by utilising their information hack the peoples bank account or commit fraud and transferred the money from their bank accounts in different ways. There is social impact of the cyber crime as the criminals uses the personal information of the people for committing different crime as cyber pornography, leak confidential information, cyber bullying and other crime committed due to which the society is affecting at large. It also affected the people emotionally and, in some cases, people blamed themselves for the loss occurred to them.

LAWS REGARDING CYBER CRIME: With the time uses of the computer increases due to which crime increases so there is need of the law for it there are laws for it in the Indian Penal code and others but for the computer there is need to make the separate law so that the crime can be controlled. cyber laws are needed to protect the Cyber Crime and also in the era of technology there is need for the laws which protect or deal with the computer resources only. So, Information Technology Act,200 came which deals with the crime done through computer resources even this act does not define the meaning of Cyber Crime but it has provisions for the act which is done through the computer and its network and sources. This act came to legalize the transactions done through electronic media as most of the work done through electronic media so it is necessary to legalize it and also make provisions to control such activity. Not only IT Act but other act like Indian Penal code etc also have provisions for the Cyber Crime because it is the crime which happens is seen.

Under IT Act

UNDER IPC

UNDER SPECIAL ACT

Section 65 (Tampering with computer source)

Section 383 (Web- Jacking)

Online Sale of Arms Act

Section 66 (Computer related offences)

Section 420 (Bogus websites, cyber frauds)

Online Sale of Drugs under Narcotic Drugs and Psychotropic Substances Act

Section 66 A to 66 F

(Punishment for sending offensive messages, stolen computer resource, Identity theft, cheating by using computer resource, violation of piracy, cyber terrorism)

Section 463(Forgery of Electronic Records and Email Spoofing)

Section 67 (publishing or transmitting obscene material in electronic form)

Section 499 (Sending Defamatory messages by email)

Section 70( protected system)

Section 500 (Email Abuse)

Section 72(breach of confidentiality and piracy)

Section 505 (Sending Threatening messages by email)

Section 73(publishing electronic signature certificate false in certain particulars.

Section 292

Section 67 A- C(publishing or transmitting material in electronic form)

There is various provision for the cyber crime in the Information Technology Act there are some important section which are given in table which one should know as there should be awareness among the people about the cyber laws.

WORK OF GOVERNMENT: Government also has taken a steps and measures to supress the Cyber Crime. With the laws to protect the people from the Cyber Crime government is also taking an initiative to protect these kind of activities

v Ministry of Home Affairs has advised state government to establish the cyber police station and also to make ready the proper team and establish proper place for detection, investigation and prosecution of the Cyber Crime.

v Indian Cyber Crime Coordination Centre is established by the Ministry of Home Affairs for the Cyber Crime.

v Online portal www.cybercrime.gov.in is launched by the government for the complaints regarding child pornography, child sexual abuse, rape imageries or related content.

v Government has made the Centralized Citizen Portal for the cyber complaints through the Crime and Criminal Tracking Network and Systems(CCTNS)

v Through The Centre for Development of Advanced Computing(CDAC) and Indian Computer Emergency Response Team(CERT-In) government provide the advanced training for law enforcements, Forensic labs and others for the methods to collect, examine and present digital evidence.

v National Critical Information Protection Centre(NCIIPC) is established by the government for the protection of critical information.

v In Mumbai, Pune, Kolkata and Bengaluru NASSCOM, Data Security Council of India(DSCI) has been set up.

v For the detection of the malicious programmes “Cyber Swachhta Kendra (Botnet Cleaning and Malware Analysis Centre) is launched.

v In different states and Central Bureau of Investigation training of forensic lab is provided to Cyber Crime Police Officers.

v www.cert-in.org has been made for the publication of guidelines and also CERT-In conduct the training program for the awareness of the Cyber Attack.

CASE LAWS REGARDING CYBER CRIME

In the case there are a couple who use to exchange the mails through their company’s computer. The girl is an employee in a bank and the Man is a management trainee. The marriage of the couple broke up after which women send the mail to the boys foreign clients by creating the fake email id on different names due to this man suffered a loses and take the bank to the court and later on the bank is held liable for the loses occurred to the man as mails are sent through the bank’s computer system[3].

Even the terrorist attack also planned and done through computer resource as it become easy for the people to communicate through computer resource and also the computer resources can also be used as the evidence also as when the attack is done on the Parliament the laptop is found out from the terrorist who were there on 13th December 2001 when the Parliament is under attack. The laptop which is found from the terrorist contains several proofs regarding the terrorist fake id’s and other proofs are also there[4].

CYBER CRIMINAL: Cyber criminals can be anybody even kids can also be cyber criminals either knowingly or unknowingly. The most of the hackers are the teenagers as they do the hacking just to show off to their fellow mates and in that they actually commit a crime. Apart from kids there are organized hackers who do hacking for a purpose in this group of people came together to do hacking for a particular reason. There are professional hackers also who do the hacking as their profession for the business or for any other reason. So, hackers can be anybody it just that there are different reasons for which person start doing such type of acts. There are the legal hackers also who do the work for the safety of others so it depends on the person that for which reason he is doing the hacking.

PROTECTION FROM CYBER CRIME: The persons can follow some steps to keep themselves protected from the cyber Crime-

v Use strong password.

v Do not open the spam mails.

v Do not visit the unknown sites and not open any link from unknown source.

v Always keep updated antivirus in your system.

v Do not use pirated copies of any software.

v Always keep an eye on your bank statements and do not give your bank details to anybody.

v If you suspect any unusual activity in your account immediately contact to the source.

v Do not sure your personal information anywhere unless the site is secured.

There are the small things which one should keep in mind before visiting any sites and doing work online. One should always be aware about the basic cyber laws and other important information for doing any work.

CONCLUSION: The Cyber Crime is increasing rapidly nowadays due to the rise in dependence on the technology so the person has to take the measures to remain safe. The government is also taking steps to protect the people but individual should also have to take the necessary steps for the protection from the Cyber Crime. There are laws also available for the protection from the Cyber Crime. The Cyber Crime is leaving a great impact in the society and the children are also affected from it. It can be said that this is affecting the whole mankind. The necessary steps have to be taken to get protection from it to save the society as it has a great impact on the whole country.

[1] Definition according to the ‘Oxford Dictionary’

[2] Cyber Crime- Law & policy perspectives, Dr. Mrs. K. Sita Manikyam (2009) Hind Law House, Pune. Page 40

[3] The Bank NSP Case.

[4] The parliament attack case.

Author Details: Shreya Agarwal (Banasthali Vidyapith)

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