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
|
Sec.379 |
Viruses are programs which affect available files on the computer & spread over networks using internet.
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.
Program source code is most important asset of any organization. Source code theft is common in software/IT companies.
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.
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.
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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