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
[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