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Trending Issues And Challenges In Adjudication Of Cyber Crime

Digital Technology has taken control over everything around us and it's a part of our daily life, without which it is next to impossible to connect with the people and cope up with the modern world. On one side, the cyber system provides opportunities to connect and communicate with the world and on the other side, cyber system is also known for its cyber crimes and cyber terrorism.

Criminals exploits the cyber network and other communication technologies and ruin the smooth working and privacy of internet users, due to which there is huge amount of loss and other exploitation that one has to go through. Cyber crime is spreading in almost every country throughout the world, and growing rate of e-crimes is a waking alarm for every one of us to bring development and change in the cyber laws and regulations to keep the future of data privacy and cyber crimes in control.

Everyday new technology is being invented and same is the situation for cyber crimes, they are also updating themselves daily and using latest technologies for the criminal activities in cyber world. Cyber crime authorities need more effective and strict regulations to combat these cyber criminals in order to protect the future of technology and data privacy in the cyber world.

This article discusses the issues and challenges on cyber laws along with case discussions and legal provisions made on Cyber crimes in India. What all recommendations are required more shall also be discussed in this article by the researcher. The researcher shall also discuss the challenges and dispute resolution mechanism under the IT Act of 2000, focusing on Cyber Law in India

Introduction
Crime in today's time is a growing social and legal problem around the world that we live in and growing population is an essential factor that influences the rate of crime across the globe. Constantly developing science and technology has endless advantages for the people of developing cities and countries, throughout the world however, there are darker sides of it too.

The criminal activity such as misuse of the Technologies and playing with someone's data and privacy is also increasing day by day with the population growth. The number of Cyber crimes is also increasing day after day in a larger quantity. The Rate of Cyber Crime has shown a big increase during and after the pandemic period as almost every work was done on the internet. Work from home has also given opportunity to the hackers to be active and work on their internet servers by hacking the network of people working online 24x7.

Cyber Offenses are the Offenses that are committed by an individual or group of people against anyone using the internet facility across the world. The criminal intention of harming the reputation of someone, defamation, or any kind of mental torture or physical harm to any individual directly or indirectly, using the internet mode or telecommunication network services may it be Internet, SMS, MMS, Emails, Phone calls, etc, comes under cyber crimes.

Cyber crime search as fraud, hacking, phishing, identity theft, etc, has increased dramatically a lot in last few years. India had a 50 percent increase in the number of cyber attacks last year during the pandemic period.

Cyber Crime Definition

A general definition of cyber crime maybe as below:
'An unethical/unlawful act where did computer is involved or any internet source is involved which can harm any individual, groups or community by any illegal criminal activity is known as cyber crime.'[1]

Reasons Behind The Cyber Crimes:

There Are Various Reasons Why The Cyber Crimes Getting So Much Increase Across The World, Few Of Them Are Mentioned Below
  1. For the sake of money
  2. For the sake of popularity
  3. No concrete regulatory measures on cyber crimes
  4. Limited coverage of Media
  5. Corporate cyber crimes are done mostly committed by the group not by an individual person.

Classification of Cyber Crimes:

There are number of types of Cyber crimes prevailing in the cyber space,[2] here the researcher will discuss few of the major categories of Cyber crime which are given as below:
  • Crime against individuals
    Cyber crime that are committed against an individual person using internet or any source of Cyber space against whom the type of crimes such as harassment of any use user by the mode of email or not extractions fishing credit card or debit card for traffic in cyber definition hacking the private chats and social media IDs such as Instagram, Facebook, or telegram come under the category of the crime against individuals.
     
  • Crime against property
    Another category of Cyber crime classification is the crime against property these includes intellectual property crimes or computer vandalism or threatening etc kind of crimes is mostly seen in the financial institutions and an important feature of this crime is that there is very little law available in the cyber laws of India due to which normally go unobserved.
     
  • Crime against organization
    This type of Cyber crime relates to the cyber crime against organization. Cyber terrorism is one of the very famous example of such kind of crime in the world the crime explain that when are human being hats or cracks into the cyber space of government of any country or the military intelligence website of any countries intelligence department cyber terrorism takes birth.

    This type of crime can be seen in any country across the globe and any system of any intelligence around the world can be cracked due to number of crackers and cyber terrace available in our society.
     
  • Crime against society
    The last classification of crimes in cyber space is the crime against society, in this category cyber forgery web jacking sale of legal articles extortion of data drilling and polluting the youth through various criminal sources available on internet which brain washers the youth and cyber contraband etc, are included in this category.

    Mostly the web checkers and hackers game access over the sites and personal data of the youth through the gaming websites and online job fraudulent cases are mostly heard in the society nowadays for the fulfillment of the pockets of hackers due to unemployment in the country.

An Insight of Cyber Laws in India

Digital guidelines are particularly significant in countries like India, where the web is generally used. Digital regulations are set up to control the advanced trade of data, programming, data security, online business, and financial exchanges. India's digital regulations have prepared for e-trading purposes and electronic administration in the country, as well as expanded the extension and utilization of advanced media, by guaranteeing ideal association and diminishing online protection gambles.[3] In any case, there are a few hindrances that stroll alongside the current regulations too.

There are prevalently four digital regulations that India embraces:
  1. Information and Tecchnology Act, 2000
    The IT act, which was enacted in the year 2000, takes care of the Indian Cyber Cell department. The aim of this act is to protect E-commerce trading and networking with legal protection by making it suitable to register real time information with the Government of India.

    However, with the generation being technology freak, cyber criminals (hackers & Crackers) being very smart have other ways to misuse this technology, and so amendments are always been made by the government in this act for the improvement.
     
  2. Companies Act, 2013
    This act gave SFIO (Serious Frauds Investigation Office) the whole responsibility to run the Software of Indian Corporate department and protect them from Cyber Frauds.

    And they have very strict rules and regulations against the regulations and cyber security to protect Companies from any kind of cyber attacks.

     
  3. Indian Penal Code, 1860
    IPC along with IT act, 2000 both work together to identify theft or crimes relating to cyber space.

    The main provisions relating to cyber crimes seen in general are as under:
    • False documentation (S-464),
    • Forgery (S-465),
    • Defamation (S-469), Etc
       
  4. Cyber security Framework (NCFS)
    This provides standardized approach to the cyber security and includes all the necessary guidelines and regulations for effectively managing the Cyber Related Issues and solves them with the required solutions.

    Among all the above mentioned cyber laws in India, The IT Act, 2000 remains alot in the discussion when data protection law is being talked about in India.

Dispute Resolution Mechanism under IT Act, 2000

The Information Technology Act, 2000 lays out semi legal bodies, for example, mediating authorities, to determine questions (offenses of a common sort as well as criminal offenses). The mediating official has the locale to grant remuneration as a common cure as well as force fines for disregarding the Act, giving them common and criminal court-like powers.

The Cyber Appellate Tribunal is the principal level of allure, with a Chairperson and any extra individuals selected by the Central Government. A subsequent allure might be stopped with a High Court having purview in no less than 60 days after the Cyber Appellate Tribunal's decision has been imparted.

Issues With The Dispute Resolution Framework Under IT Act:

The system might look encouraging in principle, however it has not been as successful practically speaking. There is not really any reportage on a digital question and there is no information accessible on the quantity of cases mediated upon by officials or the court.

We have recognized specific issues that feature the lacunae in the framework:
  1. Possibility of orders passed by the Adjudicating officers
    They AOs appreciate wide powers. They can settle on infringement of any arrangement, rule, guideline or bearing passed under the IT Act. AOs have some of the time elapsed orders with huge implications. For instance, in one case, an AO expected a bank to take responsibility for not practicing a reasonable level of effort to forestall phishing. The AO alluded to the overarching RBI guidelines on web banking to come to this end result. In this manner, AOs can assume a critical part in deciphering the IT Act.

    There are numerous AOs, who address comparable sort of issues, simultaneously. This outcomes in the issue of clashing feelings on a similar issue. For example, in a case, the AO had held that Section 43 of the IT Act was not relevant to the bank as it was a body corporate. In any case, AOs in different states had held in any case. In different cases, Section 43 has been summoned against body corporates. This can make it challenging for a substance to follow the IT Act, as it might need to consider the assessment of different AOs to work across India.
     
  2. Need for building capacities for adjudicating cyber offences
    There is a need to fabricate the limit of AOs. The Crown Prosecution Service of the United Kingdom has given Cybercrime-arraignment direction This direction has characterized significant sorts of cybercrimes like hacking, virtual entertainment related offenses, and so forth. They give fundamental standards to the settlement of cybercrimes. A direction of a comparative sort ought to be acquainted in India with guarantee better treatment of objections
     
  3. Investigation & appreciation of evidences during the process of adjudication
    Examination concerning infringement is directed by an official in the Office of Controller of Certifying Authorities or CERT-IN; or by the Deputy Superintendent of Police. Be that as it may, the limit of these bodies to direct digital examinations is problematic.

    Most digital offenses are accounted for to the police divisions, as the National Cyber Crime Portal capacities under the space of the Ministry of Home Affairs. Grumblings on this entry are alluded to the police branch of the state in which the claimed digital offense was committed. The police staff are not furnished to manage cybercrimes; they might not have the imperative aptitude in regions like digital legal sciences and examination. They frequently designate confidential firms to explore into such matters.

    There is no directing report under the Indian administrative system on digital examination or digital criminology. The Information Technology (Amendment) Act, 2008 has laid out a body called the Examiner of Electronic Evidence. This body gives well-qualified assessment on electronic proof.

    The MeitY has delegated different measurable science research centers as the inspector. These research facilities hold mastery in directing digital examination. Be that as it may, the Holding of Enquiry Rules, 2003 have not been refreshed post the approaching of the 2008 revision act. The principles should be altered to empower AOs to request such inspectors to explore into the issues before them.

    There ought to be rules or standards on the examination of digital offenses to all the more likely prepare the police and other exploring organizations to deal with such cases. For example, the United States Department of Justice had given an aide on 'Electronic Crime Scene Investigation' in 2001.

    This is an exhaustive aide which sets out examination strategies for various types of digital infringement like fakes, wholesale fraud and so on. A comparable public rule on digital examinations should be given in India. A cybercrime examination manual was sent off by the Data Security Council of India. Steps should be taken by the focal government to inform such rules.
     
  4. Jurisdiction Issues
    Jurisdiction is one of the questionable issues on account of digital wrongdoing because of the exceptionally widespread nature of the digital wrongdoing. With the steadily developing arm of the internet the regional idea appears to evaporate. New Methods debate goal ought to give way to the customary strategies.

    Subsequently, the Information Technology Act, 2000 is quiet on these issues. However S. 75 accommodates extra-regional activities of this regulation, yet they could be significant just when supported with arrangements perceiving requests and warrants for Information gave by capable specialists outside their locale and measure for collaboration's for trade of material and proof of PCs wrongdoings between policing.[4]

Challenges to enforce Cyber Crimes

There are endless discussions that have been heard relating to the advantages and disadvantages of Cyber crime in our daily life and there are many challenges in front of the government of any country to fight against the growing cyber crime.

Few Of The Cyber Crime Challenges Are Given As Under:
  1. Lack of trend and qualified manpower to implement and development the rising issues of Cyber space
     
  2. There is lack of social awareness and cyber attacks have not only given rice to the cyber terrorism but also the cyber crime hackers are getting better Day After day as there is sample of material available in the internet about cyber crimes and hacking.
     
  3. Research and development programmes and promotions of the ICT department is not up to the mark
     
  4. There is minimum knowledge of computer sectors in Indian cyber cell most of the candidate in the cyber cell department are illiterate and they have less amount of knowledge than young hackers in society.
     
  5. The government budget passed for security purpose of the cyber law enforcement and training programs is lesser as compared to other crimes in the country which needs to be taken care of.
     
  6. The latest technologies & the working speed of young & updated cyber hackers always beats the progress of speed in the government sectors and departments that are taking care of Cyber cell due to which the government is unable to identify the original sources of Cyber crime networks usually and is unable to catch the hackers or the cyber terrorist.
     
  7. The current laws and regulations made by the government for the betterment of Cyber cells in India is not sufficient that needs more development and more strict laws should be past for the betterment of Cyber space and internet users should be well aware by the government programs and schemes like other criminal activities the cyber crime is also an essential part of our daily life and betterment of the national privacy.[5]

Conclusion
Better legislations with increasing Ambit of Cyber internet space is very necessary such legislations should be governing nationally as well as internationally to avoid the issues and contradiction of laws between the Nations having cyber crime problems.

As the growing number of Cyber crime in the country, it is very necessary that the present dispute resolution structure given under information and technology act of 2000 maybe strengthened. The authorities of IT act are responsible for a huge range of concerns which includes data privacy cyber offences cyber security concerns and responsibility of keeping the data of every internet user safe. Such authorities must be developed so that they can bring a well developed and better regulatory structure for the increasing number of Cyber attacks in the nation.

References:
  1. N. Roshan, 'What is Cyber Crime- Asian School of Cyber Laws', available at: www.aclonline.com
  2. Ashabhari Thakur, 'Determination of jurisdiction in cyber crimes- issues & classification', 2019, available at: www.legalpedia.in
  3. www.mondaq.com/india/securty/623820/cyber-laws-in-india
  4. Ikigai law, 'DRM framework of cyber crimes under IT act, 2000,' available at: www.ikigailaw.com
  5. Dr. S. Poonia, 'Cyber Crime: Challenges & its Classification', Vol. 6, issue 10, available at: www.ijettcs.org
Written By: Adv. Shubhankar Banerjee, B.A.LLB (H); LLM

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