Nowadays we can't survive the Internet because we are severely addicted to the
internet. No one can deny to this fact that the internet has not only made our
lives better but smooth as well. Those tough days have gone where people waste
hours in roaming around for shopping or standing in queue for bills. Now, they
just have to go online and book their tickets or do online shopping from
anywhere anytime and that too in less time.
Cyber crimes in India is emerging as a serious threat. Cyber/Internet related
crimes have been on rise since the time internet started evolving. Primary
reason for this was to extort money from unaware victims. This article is an
attempt to provide a quick glimpse on cyber crimes in India.
Introduction
The internet is beautiful and limitless! It allows information and knowledge
based work to be located anywhere. One thing that is incredibly obvious is that
bullying is on the rise, and being provided anonymously by the internet to
bullies has added to the problem. With the rise in internet use, playground and
workplace bullying have moved to the more anonymous cyber bully. The internet
can change life for the worse.
Cyber crime is a type of crime that is committed in the cyber world.
Cyber crime gas not been defined under our Indian law, to tackle with these
types of crimes, an act has been introduced which is known as the Information
Technology Act 2000 or the IT Act 2000. IT Act provides legal framework for
electronic governance by giving recognition to electronic records and digital
signatures. It also defines cyber crimes and penalties in a prescribed manner
for them. Cyber Appellate Tribunal has been established to resolve disputes
rising from this new law.
Cyber crime is emerging as a challenged for national and economic security. Many
industries, institutions, private and public sector organizations are at
significant risk.
Do you know that over the last ten years, cyber crimes rose 19 times and cyber
crime arrests are nine times in India according to National Crime Records
Bureau. Also, USA and China, India ranked third in malicious activity.
An alarming rate of 300% increase was noted. A lot of them go unregistered too.
Also, Internet subscribers in India crossed 400 million ranks and 462 million
by June 2016.
India's banking, financial services and insurance industry had the largest
cyber security investment, amounting to over 500 million US dollars. This was
estimated to go up to over 800 million dollars 2022.
Types Of Cyber Crimes
Unauthorized Access And Hacking
It means with out permission access to computer and network where as hacking
means illegal intrusion into a computer system or network.
Pornography
It is a sexual act to cause sexual excitement through pornography websites,
magazines via computers and internet delivered on mobile.
Cyber Defamation
It is when a person sends email containing defamatory information to all of
that person’s friends.
Investment Frauds
It is an offering that uses false claims to solicit loans or investments that
provides doe purchase, counterfeit securities etc.
Phishing
It is an act of sending an email falsely to gather private information as an
identity theft and ask to give personal information like password, credit card
etc.
Cyber Terrorism
It is a phrase used to describe the use of internet based attacks in terrorist
activities, including acts of deliberate, large scale disruption of computer
networks, by the means of tools such as computer viruses.
Intellectual Property Crimes
These crimes include software piracy, copyright infringement, trademarks.
Why There Is Increase In Cyber Crimes Day By Day?
The primary reason has mostly been a lack of awareness. Injured party easily
share confidential information about their credit/debit card such as card
number, CVV, PIN, and OTP.
Injured party easily convinced by fake identity cards and documents shared by
fraudsters in the case of job frauds.
Blackmailing is common among teenagers, victims share their personal
photos/videos with their boyfriends/girlfriends without realising how it can be
misused by them and exploited.
Injured party often prefer to stay silent and do not report the incident under
the fear of what their parents or society would think of them in the case of
revenge pornography cases
Lack of trust in the law enforcement agencies and competency of professionals
and judiciary involved can become other reasons for rapid increase in cyber
crimes.
As per NCRB reports, in the last five years, we have dealt with over 6000 cases
crimes as they are increasing at rapid growth rate in India.
Need For Amendments In The Information Technology Act, 2000
On December 23, 2008, both houses of Parliament passed the IT (Amendment) Act
2008. The Act was informed on February 5, 2009, following the President's
assent.
Sending offensive messages through communication services etc : Section 66A
provides punishment for sending offensive messages through communication
services.
These messages may be any information created, transmitted or received on a
computer systems in the form of:
The law targets messages that:
- Are grossly offensive or menacing.
- Providing false information designed to cause frustration, distress,
coercion, threat, obstruction, etc.
- It provides punishment of imprisonment for a term which may extend two
to three years and with fine for sending offensive messages through
communication services etc.
But the Hon'ble Supreme Court declared section 66A as unconstitutional in it’s
entirety and against the freedom of speech and expression and struck it down in
Shreya Singhal and others v. Union of India. Police in various states had
misused this section to arrest the innocent individual for making critical
comments on social and political issues on the networking sites. Publishing or
transmitting obscene material in electronic form (Cyber pornography)
Section 67 of Information Technology Act, 2000 amended by Information Technology
(Amendments) Act, 2008 deals with the publishing of information, which is
obscene in electronic form. Under this act, person shall be punished on first
conviction with imprisonment which may extend to three years and with fine
which may extend to five lakh rupees and in the event of a second or subsequent
conviction with imprisonment which may extend to five years and with fine
which may extend to ten lakh rupees.
Judicial Decisions:
The Bank NSP Case
One of the leading cybercrime cases is the Bank NSP case is the one where a
management trainee of the bank was engaged to be married. The couple exchanged
many emails using the company computers. After some time the two broke up and
the girl created fraudulent email ids such as "Indian bar associations" and sent
emails to the boy's foreign clients. She used the bank computer to do this. The
boy's company lost a large number of clients and took the bank to court. The
bank was held liable for the emails sent using the bank's system.
Bazee.com case
CEO of Bazee.com was arrested in December 2004 because a CD with objectionable
material was being sold on the website. The CD was also being sold in the
markets in Delhi. The Mumbai Police and the Delhi Police got into action. The
CEO was later released on bail. This opened up the question as to what kind of
distinction we draw between Internet Service Provider and Content Provider. The
burden rests on the accused that he was the Service Provider and not the Content
Provider.
Policies And Initiatives Taken By Indian Government
Several steps taken by government to prevent cyber security incidents which
includes:
- Establishment of National Critical Information Infrastructure Protection
Centre (NCIIPC) for protection of critical information infrastructure in the
country
- Issue of guidelines for Chief Information Security Officers (CISOs)
regarding their key roles and responsibilities for securing applications /
infrastructure and compliance.
- Empanelment of security auditing organisations to support and audit
implementation of Information Security Best Practices.
Conclusion
It is cleared from the previous studies and records that increase in technology
leads to increase in cyber crime cases. People are mostly targeted and abused in
the form of bullying, revenge porn, cyber stalking, online scams, government
agencies can be hacked. By studying past events, we can learn from them and use
that information efficiently to prevent cyber crimes. There is need to maintain
balance between protecting citizens from crimes and infringing on their
rights.
Will Internet remain the same way while becoming tougher on criminals? Only
time will tell. Police officers should be given more advanced training on this
subject. Judicial proceedings should be carried out on these matters. Apart from
all the legal issues, something that is really relevant is that there should be
an individual degree of understanding. Anything we can do is create a safe and
reliable computing environment for everyone.
Bibliography:
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https://www.google.com/amp/s/www.myadvo.in/blog/cyber-crime-in-india/amp/
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http://www.legalserviceindia.com/legal/article-797-an-analysis-on-cyber-crime-in-india.html
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http://legalservicesindia.com/article/article/offences-&-penalties-under-the-it-act-2000-439-1.html
- http://www.slideshare.net/RanjanaAdhikari/cyber
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