CYBER CRIME--- STAY VIGILANT

                             

Broadly speaking, Cyber Crime is a wide range of ‘malicious activities’ including the illegal interception of data, system interference that compromise network integrity, availability and copyright infringements, So if we go to the   nature of this crime, it can be said that it is that type of crime in which computers and computer networks are put into use.

The definition of Cyber crime has not been defined anywhere in our Indian legal system. However it has enacted the Information Technology Act, 2000 with keeping following objectives in mind.

•  To Grant legal recognition of E- transactions, EDI, EFT and digital signature.

•  To Facilitate Electronic Filling of data, information and storage data.

•  To amend Indian Penal Code, Indian Evidence Act, Banker’s Book Evidence Act and Reserve Bank of India Act. (Source: - ITA)

According to statistics released by the National Crime Record Bureau (NCRB), Cybercrimes in India almost doubled in 2017. As per the report, “During 2017, 56% of cyber-crime cases registered were for the motive of fraud (12,213 out of 21,796 cases) followed by sexual exploitation with 6.7% (1,460 cases) and causing disrepute with 4.6% (1,002 cases).” The total number of offenses under the IT Act was the highest in Uttar Pradesh, followed by Karnataka (3,152), Rajasthan (950), Assam (941) and Maharashtra (586). However, the total number of offenses under the IT Act across the country stood at 13,635. The twentieth century has brought to reality the idea of a global village, where digital technology has interconnected and enmeshed the world economies, cultures and populations but at a same time we cannot avoid its dangerous effect... According to a 2017 report, Indian consumers had lost over 18 billion U.S. dollars due to cyber crimes. In 2018, there were over 27 thousand cases of cyber crimes recorded in the country, marking an increase of over 121 percent compared to the number of cases just two years back. While the nature of crimes ranges from petty online frauds to lottery scams and sexual harassment, the most targeted crimes seem to be in the banking and finance sector. (Source: -ncrb.gov.in)

Cyber crime may not happened only against individual rather it may be against companies/organization, society at large or against government etc, hence below are some crime related with different person:-

Cyber crime against individuals: - This is the one that directly affects any person or their properties. These are the few examples of this- cyber stalking, dissemination of obscene material, defamation, hacking, assault by threat, carding Etc.

Cyber crime against companies/organizations: - This crime does not only directly affect any organization/company, but along with it, it also affects customers, employees and associates of that organization /company. This is one of the most common types of cyber crime today. When a company’s online presence or any of its important  document, private information has been hacked, it becomes a serious problem that can result in a big number of consequences for the company, as well as their employees, associates and customers. Examples include data breaches, cyber extortion and warez distribution etc.

Cyber crime against society: -This one affects society as a whole, for example child pornography, cyber trafficking, online gambling, forgery, financial crimes etc.

Cyber crime against government: - This is one of the heinous types of cyber crime, in other words this also called as cyber terrorism. Interestingly it should be noted here that in case of cyber terrorism, maximum sentenced can be capital punishment as per Information Technology Act. Such activities include as breaking into government systems and networks, defacing and shutting down military websites, possession of unauthorized Information and spreading propaganda etc.

The right to no punishment without law is absolute but when the Act itself provide then it becomes mandatory provision at the wisdom of court. Following are the some penal provision which is provided under Information Technology Act.

Section 43:  whoever destroys, deletes, alters and disrupts or causes disruption of an computer with the intention of damaging of the whole data of the computer system without the permission of the owner of the computer, he shall be liable to pay damages by way of compensation to the person so affected.

Section 65:  Any person tamper, conceal, destroy, or alter any computer source document intentionally, then he shall be liable to pay penalty upto Rs.2, 00,000/, or Imprisonment upto 3 years, or both.

Section 66:  Any person dishonestly, or fraudulently does any act as referred in Section 43, then he shall be liable to pay penalty upto Rs.5,00,000/-, or Imprisonment upto 3 years, or both.

Section 66B: With dishonestly receiving stolen computers or other communication device and such a crime can be punished with 3 years of imprisonment or fine of Rs.1,00,000/- or both.

Section 66C:  Deals with stealing electronic signature or identity such as using another persons’ password or electronic signature, such an offence can be punished with 3 years of imprisonment or fine of Rs.1,00,000/-  or both. Similar is the punishment under section 66D: for cheating by personation through computer resource or a communication device.

Section 66E: covers the offences relating to violation of privacy such as publicly publishing the information about any person’s location without prior permission or consent, shall be liable to punished with imprisonment which may extend to 3 years or with fine not exceeding Rs.2,00,000/-  , or with both.

Section 66F: This is one of the most heinous crimes under Information Technology Act, which dealt with cyber terrorism. This offence is Non-Bailable, Cognizable in nature and triable by Court of JMFC. Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life. (Source: - ITA)

Following are the list of offences under Chapter XI of Information Technology Act:-

Section 65: Tampering with computer source documents.

Section 66: Hacking with Computer system.

Section 67: Publishing of information which is obscene in electronic form.

Section 68: Power of the Controller to give directions.

Section 69: Directions of Controller to a subscriber to extend facilities to decrypt information.

Section 70: Protected system.

Section 71: Penalty for misrepresentation.

Section 72: Breach of confidentiality and privacy.

Section 73: Penalty for publishing Digital Signature Certificate false in certain particulars.

Section 74: Publication for fraudulent purpose.

Section 75: Act to apply for offence or contravention committed outside India.

Section 76: Confiscation.

Section 77: Penalties and confiscation not to interfere with other punishments.

Section 78: Power to investigate offences.
(Source: - Advocatekhoj.com)

It should also be noted here that section 66A of the said Act deals with the Punishment for sending offensive messages through communication service, etc. The Hon’ble Supreme Court in 2015 under the case of Shreya Singhal v. Union of India struck down section 66A of  ITA in its entirety as it violated the right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India as an exception to the right, Article 19(2) permits the government to impose “reasonable restrictions in the interests of the sovereignty and integrity of India. (Source: -indiankanoon.org)

Conclusion:- Law is not static rather keeps on changing as per needs and circumstances of society change because we all know a new technology also creates new opportunities to commit crime. Hence IT act cannot be isolated from this effect, with keeping above view in mind, IT act also needs to be amended on time to time which should meet up and follow prevailing situation of society..!! 

DISCLAIMER:- This article is based on the understanding and interpretation of the author and should not be construed as legal advice.

                 

Regards,    

PRIYANKA JOSHI       

(Advocate) 

Legal Consultant