CYBER CRIME

 

In the era of cyber world as the usage of computers became more popular, there was expansion in the growth of technology as well, and the term ‘Cyber’ became more familiar to the people. The evolution of Information Technology (IT) gave birth to the cyber space wherein internet provides equal opportunities to all the people to access any information, data storage, analyse etc. with the use of high technology. Due to increase in the number of netizens, misuse of technology in the cyberspace was clutching up which gave birth to cyber crimes at the domestic and international level as well.

 

Though the word Crime carries its general meaning as “a legal wrong that can be followed by criminal proceedings which may result into punishment” whereas Cyber Crime may be “unlawful acts wherein the computer is either a tool or target or both”.

 

The world 1st computer specific law was enacted in the year 1970 by the German State of Hesse in the form of ‘Data Protection Act, 1970’ with the advancement of cyber technology. With the emergence of technology the misuse of technology has also expanded to its optimum level and then there arises a need of strict statutory laws to regulate the criminal activities in the cyber world and to protect technological advancement system. It is under these circumstances Indian parliament passed its “INFORMATION TECHNOLOGY ACT, 2000” on 17th oct to have its exhaustive law to deal with the technology in the field of e-commerce, e-governance, e-banking as well as penalties and punishments in the field of cyber crimes.

 

 

Cyber Crimes Actually Means:-  

It could be hackers vandalizing your site, viewing confidential information, stealing trade secrets or intellectual property with the use of internet.

 

It can also include ‘denial of services’ and viruses attacks preventing regular traffic from reaching your site.

 

Cyber crimes are not limited to outsiders except in case of viruses and with respect to security related cyber crimes that usually done by the employees of particular company who can easily access the password and data storage of the company for their benefits.

 

Cyber crimes also includes criminal activities done with the use of computers which further perpetuates crimes i.e. financial crimes, sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail, spoofing, forgery, cyber defamation, cyber stalking, unauthorized access to Computer system, theft of information contained in the electronic form, e-mail bombing, physically damaging the computer system etc.

 

 
Your Action Section Applicable.
Tampering with computer source Documents Sec.65
Hacking with computer systems , Data Alteration Sec.66
Sending offensive messages through communication service, etc Sec.66A
Dishonestly receiving stolen computer resource or communication device Sec.66B
Identity theft Sec.66C
Cheating by personation by using computer resource Sec.66D
Violation of privacy Sec.66E
Cyber terrorism Sec.66F
Publishing or transmitting obscene material in electronic form Sec.67
Publishing or transmitting of material containing sexually explicit act, etc. in electronic form Sec.67A
Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form Sec.67B
Preservation and Retention of information by intermediaries Sec.67C
Powers to issue directions for interception or monitoring or decryption of any information through any computer resource Sec.69
Power to issue directions for blocking for public access of any information through any computer resource Sec.69A
Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security Sec.69B
Un-authorized access to protected system Sec.70
Penalty for misrepresentation Sec.71
Breach of confidentiality and privacy Sec.72
Publishing False digital signature certificates Sec.73
Publication for fraudulent purpose Sec.74
Act to apply for offence or contraventions committed outside India Sec.75
Compensation, penalties or confiscation not to interfere with other punishment Sec.77
Compounding of Offences Sec.77A
Offences with three years imprisonment to be cognizable Sec.77B
Exemption from liability of intermediary in certain cases Sec.79
Punishment for abetment of offences Sec.84B
Punishment for attempt to commit offences Sec.84C
Offences by Companies Sec.85

 

Note : Sec.78 of I.T. Act empowers Police Inspector to investigate cases falling under this Act

Sending threatening messages by e-mail Sec.503 IPC
Word, gesture or act intended to insult the modesty of a woman Sec.509 IPC
Sending defamatory messages by e-mail Sec.499 IPC
Bogus websites , Cyber Frauds Sec.420 IPC
E-mail Spoofing Sec.463 IPC
Making a false document Sec.464 IPC
Forgery for purpose of cheating Sec.468 IPC
Orgery for purpose of harming reputation Sec.469 IPC
Web-Jacking Sec.383 IPC
E-mail Abuse Sec.500 IPC
Punishment for criminal intimidation Sec.506 IPC
Criminal intimidation by an anonymous communication Sec.507 IPC
When copyright infringed:- Copyright in a work shall be deemed to be infringed Sec.51
Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of Sec.63
Enhanced penalty on second and subsequent covictions Sec.63A
Knowing use of infringing copy of computer programme to be an offence Sec.63B
Obscenity Sec.292 IPC
Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail Sec.292A IPC
Sale, etc., of obscene objects to young person Sec.293 IPC
Obscene acts and songs Sec.294 IPC
Theft of Computer Hardware Sec.378
Punishment for theft
  • Online Sale of Drugs NDPS Act
  • Online Sale of Arms Arms Act
Sec.379
 

Type of Crimes & applicable law

  • Email Hacking
 
Case 1
  • Victim’s password has stolen & obscene emails are sent to his/her friends from address book.
  • Section 43,66,67 of IT ACT,2000 & section 509 of IPC.
  • Person who is hacking email account as well as person who is misusing it is responsible for this crime.
 
Case 2
  • Victim’s password has stolen & hacker tried to threaten victim to extort money from him
  • Section 43,66,of IT ACT,2000 & section 384 of IPC.
  • Person who is hacking email account as well as person who is misusing it is responsible for this crime.
 
Case 3
  • Victim’s password has stolen & hacker is sending virus, worms or either 419 scam mails from his/her account
  • Section 43,66,of IT ACT,2000
  • Person who is hacking email account as well as person who is misusing it is responsible for this crime.

  • Virus Dissemination

Viruses are programs which affect available files on the computer & spread over networks using internet.

 
Case 1
  • Virus is targeting individual or specific organization which is not detected by antivirus softwares.
  • Section 43,66 of IT Act,2000 and section 426 of IPC.
  • The virus writer as well as the person who is spreading virus is responsible for this crime.
 
Case 2
  • The person pirates softwares & send Pirated Cds
  • Section 43,66 of IT Act,2000 & 63 of Copyrighted act.
  • The person who pirates as well as person who buy & use those softwares are responsible.

  • Cyber Pornography Crimes

As per IT act,2000, publishing, transmitting & causing to be published any porn material in electronic format is considered as cyber crime. There are millions of websites which includes pornography material online.

 
Case 1
  • Suspect abuse specific person by publishing his/her nude/naked pictures, clips & sell it online.
  • Section 67 of IT Act,2000
  • The person who creates & maintain such websites are liable for such crimes.
  • Sometimes cyber café owners are also liable as they are allowing their customers to view such websites.

 

 

  • Social Networking (Facebook/Orkut) Fake Profile Impersonation Cases
 
Case 1
  • Fake profile of female is created & photograph, phone number & address has been posted on the profile.
  • The profile also describes female as prostitute.
  • Section 67 of IT Act,2000 & 509 of IPC.
 
Case 2
  • Fake Community has been created & wrong information about individual/organization has been posted.
  • Section 153A & 153B of IPC.

  • Web Defacements
  • Crackers/Hackers found loopholes in website.Hacker then replaces the index page with some other page. Hacker can even delete data available of websites.
  • Section 43,66 of IT Act,India & in some cases 67 also.

  • Email Scams
  • Suspect/nigerian sends thousands of emails & convinences victim to get out of lot of money. Suspect can also give lucrative offers like job offers,lottery & investment offers.
  • Section 420 of IPC.
  • Sender of an email, sometimes bank account are liable for this crime.

  • Source Code Theft

Program source code is most important asset of any organization. Source code theft is common in software/IT companies.

 
Case 1
  • The person theft the code & sell it to the other party after making modification in the source code.
  • Section 43,65,66 of IT Act,2000 & 63 of copyright act.
  • The person who has stolen the code is liable.
 
Case 2
  • The person theft the code & sell it to the company competitors.
  • Section 43,65,66 of IT Act,2000 & 63 of copyright act.
  • The person who has stolen the code as well as the person who buy such code are liable.

 

  • Theft of confidential information
 
Case 1
  • Employee steals confidential information of company & mail to competitors & also post it on to websites & forums.
  • Section 43,66 of IT Act,2000 & 426 of IPC.
 
Case 2
  • Employee steals confidential information of company & threaten company to make it public unless company pay him money
  • Section 43,66 of IT Act,2000 & 384 of IPC.
  • The person who has stolen information as well as person who threaten victim are liable.
 
Case 3
  • Business rivals obtains information using hacking,social engineering & use it for their benefits.
  • Section 43,66 of IT Act,2000 & 426 of IPC.
  • The person who has stolen information as well as person who misuse information, both are liable.

 

  • Online Sale of illegal articles

Sale & Purchase through net There are web site which offer sale and shipment off contrabands drugs They may use the techniques of stenography for hiding the messages. Depending upon illegal iteams,provisions of narcotic drugs,psycotropic substance act,arms act,wild life related laws can also be applied.

 

  • Credit Card Frauds
 
Case 1
  • Victim’s Credit cards have been misued on airline websites, online gambling websites, pornography websites.
  • Section 43,66 of IT Act,2000 & 420 of IPC.
  • All persons who have stolen information to who have misused information online are liable.

 

  • Mobile Crimes

Mobile Phones have become popular means of communications. SMS forging is method to spoof identity of SMS. Call Forging is method to spoof caller ID of Call.

 
Case 1
  • Suspect has misused victim’s no to send SMS or make call to other person/ competitors.
  • Section 65,66 of IT Act,2000.
  • The person who is misusing the victim’s no as well as company who allows user to change identity of SMS or Call are liable.

 

 

 

Preventive Measures For Cyber Crimes:

Prevention is always better than cure. A netizen should take certain precautions while operating the internet and should follow certain preventive measures for cyber crimes which can be defined as:


Identification of exposures through education will assist responsible companies and firms to meet these challenges.


One should avoid disclosing any personal information to strangers via e-mail or while chatting.


One must avoid sending any photograph to strangers by online as misusing of photograph incidents increasing day by day.


An update Anti-virus software to guard against virus attacks should be used by all the netizens and should also keep back up volumes so that one may not suffer data loss in case of virus contamination.


A person should never send his credit card number to any site that is not secured, to guard against frauds.


It is always the parents who have to keep a watch on the sites that your children are accessing, to prevent any kind of harassment or depravation in children.


Web site owners should watch traffic and check any irregularity on the site. It is the responsibility of the web site owners to adopt some policy for preventing cyber crimes as number of internet users are growing day by day.


Web servers running public sites must be physically separately protected from internal corporate network.


 It is better to use a security programmes by the body corporate to control information on sites.


Conclusion:

Since users of computer system and internet are increasing worldwide, where it is easy to access any information easily within a few seconds by using internet which is the medium for huge information and a large base of communications around the world. Certain precautionary measures should be taken by netizens while using the internet which will assist in challenging this major threat Cyber Crime.

 

 

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