Article on "Cyber Law and Crimes under IT Act, 2000" by Arbuda Singh




Arbuda Singh, 

3rd year/6th semester, 

B.B.A. LL.B, 

Mody University, Rajasthan 


Introduction

Our lives have changed dramatically since the internet was introduced. People from all walks of life are increasingly using computers to generate, communicate, and save information in electronic form rather than traditional paper and document formats. Electronically stored information offers numerous advantages, including cost savings, ease of storage, retrieval, and connection speed. Though it offers numerous benefits, it has been abused by many people for personal gain, or to damage others in some other way. The ability to link to the rest of the world from anywhere has resulted in an increase in crime, necessitating the creation of legislation to protect people. Some governments have taken precautions and enacted legislation governing the internet. Other electronic communications, commonly called e-commerce, facilitate electronic submission to government agencies, including the Indian Penal Code, the Indian Certification Act of 1872, the Banking Book Certification Act of 1891, and the Reserve Bank of India in 1934.

 

CYBERCRIME

The Information Technology Act, 2000, has been enacted by the Indian government with the preceding official goals: to just provide legal recognition for activities carried out via electronic data exchange as well as other electronic communications, commonly referred to it as electronic commerce, which involve the use of alternative solutions to journal article communication and data storing.

 

Cybercrimes are defined by Dr. Debarati Halder and Dr. K. Jaishankar (2011) as “offenses committed toward individuals or groups of individuals with a criminal motive to purposely harm the victim's public image or cause harm to the victim directly or indirectly, using wireless communication networks such as internet (discussion forums, emails, bulletin board, and groups) and cell phones.” Such acts can jeopardize a country's related to financial stability. Cracking, trademark infringement, child exploitation, and child abuse have all become high-profile issues as a result of these types of crimes.

In a statewide survey done in 2006 in Australia, it was shown that two out of every three convicted cyber-criminals were between the ranges of 15 and 26. The International Court Of justice is an attempt by the existing international system to make assuring their acts.

 

Cybercrime does not have a well-defined term. The phrase "cybercrime" does not have a definition under Indian law. In reality, even after being amended by the Information Technology (Amendment) Act 2008, the National Cyberlaw, the Indian Penal Code does not utilize the term "cybercrime" at any time. However, “cybersecurity” is defined as “protecting information, apparatus, systems, computers, computer resources, communication devices, and information contained therein from illegal access, use, disclosure, interruption, alteration, or destruction” under Section (2) (b).

 

The IT Act, or any other piece of legislation, does not define cybercrime. In reality, that can't possibly be. Under the Indian Penal Code, 1860 and associated legislation, offense or crime has been carefully dealt with, listing many offenses and the consequences for each. As a result, cybercrime is just a "combination of crime and computer."

 

CLASSIFICATION OF CYBER OFFENCES

The Information Technology Act of 2000 was enacted in response to the rapid advancement of computer technology. The conversion of paper records to electronic records, as well as the storage of electronic data, has drastically altered the country's situation.

 

Crimes: Cyber offenses are illegal acts carried out in a highly sophisticated fashion in which the computer is either the tool or the target, or both. The following are common examples of cybercrime:

Unauthorized computer access

(a) Data tampering

(b) Virus/worm attack

(c) Computer system theft

(d) Hacking

(e) Denial of service assaults

(g) Bombs of logic

(h) Attacks by Trojans

(i) Theft of time on the internet

(j) Hacking into a website

(k) Bombing by email

(l) Attacks by salami

(m) Computer system is being physically damaged.

 

Offenses UNDER THE IT ACT, 2000

1. Tampering with computer source documents:

Whoever willingly or intentionally conceals, demolishes, or modifies any computer raw data used for a computer, computer simulation, computer system, or network node, or causes another to hide, destroy, or modify any internet source code used for a computer, computer simulation, computer system, or network node, whenever the computer source code is required to be kept or maintained by law for the time being in force, shall be punished under Section 65 of this Act.

 

2. Hacking with the computer system:

(1) Whoever damages, deletes, or modifies any information existing in a computer resource, lowers its value or utility or influences its ,,consumers by any means to inflict or knowing that he is likely to trigger wrongful loss or damage to the community or any person, conducts hacking.

 

(2) Anyone who hacks is subject to a sentence of imprisonment of up to three years or a fine of up to two lakh rupees, or both.

 

Explanation: This section describes hacking activities.

 

3. Publishing of obscene information in electronic form:

Sect 67 of the Act provides for any individuals publishing, transmitting, publishing in electronic form, to be penalized for having first read or heard the subject matter included or exemplified in that material that is lascivious or appeals for prurient interests or that has such impact to tend to disempower or crime involves who've been likely to see or hear the subject matter contained in it in all relevant circumstances.

 

4. Power of Controller to give directions:

The provisions of Section 68 of this Act allow (1) the Controller, if necessary to guarantee compliance with the applicable law, rules or any regulation made thereof, may, by order, guide the Certifying Authority or any employee of such authority, to take those metrics or stop performing the activities as set out in the order of the Console.

 

(2) Any individual who refuses to comply with any order according to paragraph (1) will be guilty of an offense and shall also be liable for a term of no more than 3 years or a fine of no more than 2 lakh rupees, or both.

 

5. Directions of Controller to a subscriber to extend facilities to decrypt information:

(1)Section 69 provides that, if it shall be established that this is in the interests of the sovereignty, honesty, security of India or necessary or appropriate to do so, and that's if the Controller is comfortable that it is necessary or appropriate to do so, that the Nation's security is established, that relations are friendly with foreign Nations or public order, or to inhibit any cognitive offense from committing a crime;

(2) When requested by any agency instructed under sub-section (1), the subscriber or any person responsible for the computer resource should offer all facilities and technical support for decrypting information.

(3) For a time that may extend up to seven years, the subscribers or anybody not assisting an agency referred to in the paragraph shall be penalized by jail.

Sanctions: jail for a sentence of seven years. Punishment: The crime may be recognized and cannot be rented.

 

6. Protected System:

(1) By publication in the Official Gazette, the relevant government may declare a protected system any computer system, computer system, computer network.

(2) Those people permitted to have access to protected systems informed by section (a) may by written orders be allowed by the government concerned (1).

(3) Everyone who ensures or tries to ensure access to a protected system, in breach of this section, will be punished for a time that may extend to ten years and may be subject additionally to a fine for imprisonment of any kind.

 

7. Penalty for misrepresentation:

Section 71 provides that, if you make any false representations or suppress any truth claim, a controller or a certificating authority shall be subject to imprisonment, if applicable, for a term of up to two years, or for any fine that may extend to one lakh of rupees or both of them for any license or a digital signatory certificate, as the scenario may be.

 

8. Penalty for breach of confidentiality and privacy:

Section 72 provides that, except as provided for in this Act or any other law in force for the moment, any person who has secured the assessment of all electronic records, books, registers, correspondence, information, materials, other materials without the consent of the victim without the permission of that person, under any power or legislation conferred thereon under this Act.

 

9. Publishing Digital Signature Certificate which is  false in certain cases is penalised:

Section 73 stipulates that – (1) No one shall publish, or make accessible to any other person knowingly, a Digital Signatory Certificate

 

(a) it was not issued by a Certifying Authority indicated in the certificate, or (b) it was not accepted by the subscribers listed in the certificate; or (c) the certificate was revoked or suspended, provided that it was published to verify digital signatures that were created before such suspension or revocation.

(2) Any person who violates subdivision (1) is punishable by imprisonment for two years, or by a maximum fine to one lakh rupee, or both to lakhs.

 

10. Publication for fraudulent purpose:

Section 74 states that: Whoever intentionally created, published, otherwise published, will be punished with a term of imprisonment of up to two years or a fine of one lakh of rupees or both, for any false or criminal purpose.

 

11. The Act shall apply to offense or contravention committed outside Indian territory:

Section 75 states that -(1) The provisions of this Law shall also apply to any offenses or offenses committed by any person beyond India irrespective of his nationality, subject to the requirements of subparagraph (2).

 

For the referred to in subsection (1), this Act applies to any person about a misdemeanor or offense carried out outside India if a misdemeanor, computer, computer network in India is involved in the act or conduct that constitutes an offense or a violation.

 

12. Confiscation:

Section 76 of this Act provides that - Any desktop, computer program, disks, compact storage devices, disk storage, or other accessories connected with them that have been or are being contravened in any applicable law, any rules, commands, or rules imposed pursuant shall apply for confiscation.

Provided, however, that if it is established to the satisfaction of the court adjudicating the confiscation which the person in whose ownership, power, or regulate of any computer, computer chip, floppies, compact disks, tape drives, or any other accessories pertaining thereto is not accountable for any violation of the provisions of this Ordinance, rules, orders, or rules imposed thereunder.

 

13. Penalties or confiscation not to interfere with other punishments:

No maximum penalty or seizure made under this Act shall exclude the application of any punishment to which person affected is subject under any other legislation now in effect, according to Section 77.

 

CONCLUSION

Various crimes are rising day by day as a result of the advancement of digital technology. As a result, the IT Act of 2000 must be modified to include those offenses that are now not covered by the Act. Cybercrime is hardly prevalent in India. As a result, we have time to strengthen cyber laws and add offenses that are now not covered by the IT Act 2000.

 

Man has always been driven by the desire to advance and improve current technology since the dawn of civilization. This has resulted in enormous growth and advancement, which has served as a springboard for future advances. The creation of the Internet is arguably the most significant of all the great achievements achieved by humans from the beginning to the present.

 

However, the Internet's fast growth has generated a slew of legal concerns and challenges. Because the situation is still unclear, nations all over the globe are using a variety of ways to manage, regulate, and facilitate electronic communication and trade.

 

Footnotes

[i] http://www.mit.gov.in.

[ii] http://www.uncitral.org/english/texts/electrcom/

[iii] http://www.mit.gov.in/about.htm.

[iv] Moore, R. (2005) “Cybercrime: Investigating High-Technology Computer Crime,” Cleveland, Mississippi: Anderson Publishing.

[v] Warren G. Kruse, Jay G. Heiser (2002). Computer forensics: incident response essentials. Addison-Wesley. p. 392. ISBN 0-201-70719-5.

[vi] David Mann And Mike Sutton (2011-11-06). “Net crime”. Bjc.oxfordjournals.org.

[vii] Halder, D., & Jaishankar, K. (2011) Cybercrime and the Victimization of Women: Laws, Rights, and Regulations. Hershey, PA, USA: IGI Global. ISBN 978-1-60960-830-9

[viii] Internet Security Systems. March-2005.

[ix]  “Cyber Warfare And The Crime Of Aggression: The Need For Individual Accountability On Tomorrow’S Battlefield”. Law.duke.edu.

[x] “Cybercrime costs the global economy $445 billion a year: report”.

[xi] http://www.csi-india.org last visited on 15-08-2014

[xii] http://www.cyberlawsindia.net/internet-crime.html

[xiii] http://www.legalservicesindia.com

[xiv] Ibid

[xv] http://www.mpcyberpolice.nic.in last visited on

[xvi] AIR 2006 Ker 279, 2006 (3) KLT 210, 2007 (34) PTC 98 Ker.

[xvii]  2005 CriLJ4314

[xviii] [1988] 2 WLR 984

[xix] [1991] 93 cr App rep 25

[xx] http://cyber-law-web.blogspot.in/2009/07/case-study-cyber-law-state-of-tamil.html

[xxi]AIR 1973 SC 106

[xxii] [1969] 2 QB 222, [1969] 2 All ER 347, [1969] 2 WLR 618, 133 JP 407

[xxiii] http://www.cyberlawsindia.net/internet-crime.html