Article on "Cyber Crime under Information Technology Act: National Perspective" by Osheen Jain

 

NAME- OSHEEN JAIN

COURSE- BA LLB(HONS.)

SEMESTER- 2^ND SEMESTER

COLLEGE NAME- BENNETT UNIVERSITY

Rapid advancement in information and communication technology have moulded a viable route for people to access massive amounts of data. With the rapid advancement of computer technological advances over the years, the problem of cyber-crime has grown to enormous proportions, becoming a national and even worldwide concern. However, with such benefits of technology, there will undoubtedly be instances of misuse for the wrong drive. Cyber-crime is, and will undoubtedly continue to be, a constant concern for governments that must be addressed with caution for national security reasons. Crime has taken on a new shape, and it is no longer restricted to the use of violence to commit mass destruction. The term "cyber" refers to anything having to do with computers, information technology, the internet, or virtual reality. As a result, "cyber-crimes" are defined as offences involving computers, information technology, the internet, and virtual reality. There is no definition of "cybercrime" in any statute or guideline. The Indian Penal Code, 1860 ("IPC") and the Information Technology Act, 2000 ("IT Act") both penalise a variety of cyber-crimes, and unexpectedly, many clauses in the IPC and the IT Act overlap.

Let's take a look at the state of India's critical infrastructure. Service providers have recently expanded their services to include e-mail management and hosting, websites, and corporate IT and physical infrastructures, increasing the potential for cyber-attacks. The present situation underscores the fact that most online crimes are perpetrated by critical infrastructure rather than by humans, requiring researchers to better comprehend IT, physical, and social infrastructure in order to better understand e-crime or cybercrime. The worst-case scenario for risks posed by information and communication technologies manifested itself in the potential failure of so-called critical infrastructures, which are systems and assets whose failure would have an unacceptably large impact on a country's national security as well as its economic and social well-being. Several governments have developed the initiative to better understand the vulnerabilities and risks to their infrastructures and have implemented measures to ensure the safety of these assets, motivated by an increasing fear of the significant problem of connected societies composed of amplified interruptions in the cyberdomain.

After assessing the advantages and disadvantages of the cyber laws and the cyberspace it is plainly evident that the IT Act still has a long way to go and requires a number of modifications. While certain difficulties will forever persist owing to the fact that cyberspace is pretty open as well as some amount of vulnerability would always be involved and cannot be cancelled out completely. As a result, ethical use of internet is promoted. The legal machinery's efforts must be in step with the times and meet the public's expectations. India is a country with a large youth population, a high dependency ratio, and high endowment rates. India's development picture is now positive, but the country still has long-term concerns to address. Poverty, a lack of physical infrastructure, and a lack of non - agricultural jobs are only a few of the issues. These challenges are undermining the country's social infrastructure and equilibrium, as citizens are unable to meet their social needs. Adding to this state of chaos, a lack of schools, colleges, and institutions is another key cause for the absence of well-directed exposure to cyber world. Inequalities and a lack of education have resulted in an uninformed and uneducated people with a limited knowledge of cybernetics. As a result, illiteracy exposes India's social fabric to cyber terrorism attacks, as the people is more vulnerable to ruses. With the rise of technologies used to access the internet, the number of internet users grows dramatically every year.

Internet users are becoming victims of various forms of cyber-attacks, whether they are aware of it or not. These attacks can be varied in nature and impact, making them difficult to comprehend. As a result, the following are the primary categories of cyber-crime:

·       Crime against person/property- These are crimes against a person, as well as crimes against an individual's property. Harassment via e-mail, cyber stalking, and the dissemination of obscene information on the Internet are all examples of crimes against people. Computer vandalism, unlawful control over a computer system, and hacking / cracking are examples of cybercrimes against an individual's property.

·       Crime against organisation- Organizational crimes include those committed against the government, a private entity, a corporation, a collection of individuals, and so on. Hacking and cracking, the possession of unauthorised information, and cyber terrorism against government organisations are all examples of these crimes. These attacks also include the distribution of pirated software.

·       Crimes against society - These crimes harm the entire society, not just individuals or organisations. Pornography (particularly child pornography), contaminating the youth through indecent exposure, and human trafficking are only a few examples.

Financial losses, intellectual property theft, and a loss of consumer confidence and trust are just some of the consequences of a single successful cyber-crime. Cybercrime has a monetary impact on society and government that is believed to be in the billions per year. Criminals make use of technology in a variety of ways. Scammers and other criminals benefit greatly from the Internet because it allows them to do their business while remaining anonymous online. Cyber criminals take use of the Internet's anonymity, secrecy, and interconnection to assault the core foundations of our modern world. Also, it creates fear in the mind of the people who are victim of this.

Technology and critical infrastructure are at the root of cybercrime. The number of people using the internet is growing all the time, which increases the risk of many forms of crimes. Because of technological advancements, the nature of cybercrime is changing. Despite the lack of a universally accepted definition of cybercrime, it is unavoidable. While some of these crimes may appear to be typical crimes, many of them are recognised as distinct types of crimes that must be dealt with differently. Technology-based crimes are becoming more prevalent by the day, and they must be addressed as soon as possible. These crimes are not limited to computers, but also include financial transaction machines, tele-communication equipment, and other electronic devices. It is difficult to identify cybersecurity issues due to their diverse nature, which leads to a lack of awareness about security issues. The rise of cybercrime registrations under various parts of the IT Act and the IPC demonstrates the seriousness of such cyber dangers, yet most incidents remain unreported for a variety of reasons. In light of this scenario, a preliminary security and awareness training model for public security should be established.

Regulatory agencies all over the world have begun to respond to this problem. Cross-border cyber threats are being addressed in a variety of ways. Separate cyber cells have been established in all major cities across India, and personnel have begun to be trained. The introduction of cyber law in India has helped to reduce cybercrime to some extent; many people have been arrested and are now behind bars as a result of cybercrime, but the rate of occurrences has a significant impact on society. As the rate of cybercrime rises, the demand for cybercrime security systems continues to rise. The use of information technology as a tool to improve people's living standards and enrich their lives should be encouraged. The conviction rate must be increased in order to keep the crime rate under control. Criminals uses a variety of methods, and law enforcement officers must be aware of these methods as well as how to respond to this new and emerging crime scene. As a result, it will be up to legislators to ensure that the governing rules of technology maintain pace with current developments and growing cyber-crimes. IT knowledge needs to be spread across the population as widely as possible by all available means, so that ordinary people can begin to use it for social and economic gain.

No one can deny that the Internet has altered our lives, culture, and society in numerous ways during the last two decades. The entire phenomenon is still so fresh that we have yet to figure out how it affects us and how it will continue to affect us in new ways in the future. We can't predict what new technologies the internet will bring us, or what new art forms, social classes, or subcultures it will foster. We can't predict all of the threats it poses. Cybercrime is, by definition, a relatively recent phenomenon. With all new technology, there were criminals operating to exploit it as soon as there was an internet. To defend ourselves, we must do everything we can to stay one step ahead of cybercrime. We can't really afford to fall far behind, at the very least.                                                                    (Agarwal, 2016)

 

Bibliography

Agarwal, M. R. (2016). Cybercrimes: An Indian perspective. Retrieved from ijsec: https://ijesc.org/upload/2bfce3696342ed4bf72e822d73aa0ff7.Cybercrimes%20An%20Indian%20perspective.pdf