Indians are regular users of the internet and social media. The more we use the technology, more is the demand for the security. The increase in the amount of the crimes are due to the increase in the amount of the internet users. The internet and cyber space has to provide more security for the users or else the individuals will be affected by cyber- attacks. Digitalization has created a significant threat to privacy and data security. There were a demand for more security laws for the cyber space as many people were falling victims day by day. In the era of the digital world it is challenging to find out the wrong doers and punish them.
CYBER LAW
The area of law related to legal informatics, electronic exchange of information, e- commerce, software and information security is known as cyber law[1]. Online privacy, freedom of expression and use of the internet has been questioned under this. The legal and regulatory aspects of the internet are dealt under the cyber law.
CYBERCRIME
Any crime using technology and computer are cyber crimes are called as cyber crimes. Internet law and regulation are collectively called cyber crimes. It may target individuals, businesses, or even mega-corporations.
COMMON TYPES OF CYBER CRIMES
A. Doxing- publishing personal informations like person’s address or phone number with the intention of causing harm.
B. Online bullying- harass or intimidate someone using electronic communication
C. Revenge porn- distributing sexually explicit videos or images without the consent of the victim.
D. Trolling- posting inflammatory or offensive comments online to provoke a reaction.
E. Cyber stalking- harassment through through electronic communication.
F. Impersonation- creating a fake social media account or website to impersonate someone else.
G. Hacking- unauthorized access to a person’s computer or online accounts to cause harm or steal information.
H. Online financial frauds- takes money through illegal means
LAWS INVOLVED IN CYBER CRIME
- In some cases the IT Act will not be sufficient, there applies the Indian Penal Code, 1860[2].
OFFENCE AND PUNISHMENT UNDER THE INDIAN PENAL CODE, 1860
| SECTION | OFFENCE | PENALTY |
| Section 292 | Sale of obscene material or sexually explicit acts or exploits of children are published or transmitted electronically | 2 years imprisonment and fine up to 2000 Rs Second time offence- Up to 5 years imprisonment and fine up to 5000 Rs |
| Section 354 C | Taking or publishing pictures of private parts or actions of a woman without her consent. It also includes voyeurism, watching a woman’s sexual actions. | Up to 3 years imprisonment Second time offence- Up to 7 years imprisonment |
| Section 354 D | Stalking (physical and cyber), tracking a woman through electronic means, the internet or email or the attemptto contact her despite her disinterest | Up to 3 years imprisonment with fine Second offence- Up to 5 years imprisonment |
| Section 379 | Theft, hijacked electronic devices, stolen data, or stolen computers | Up to 3 years imprisonment with fine |
| Section 420 | Cheating and dishonestly inducing delivery of property, creating fake websites and cyber frauds, password theft for fraud or the creation of fraudulent websites are involved. | 7 years imprisonment with fine |
| Section 463 | Falsifying documents and or records electronically | Up to 7 years imprisonment and fine |
| Section 465 | Forgery, spoofing of email and preparation of false documents | 2 years imprisonment and fine |
| Section 468 | Fraud with intention of cheating | 7 years imprisonment with fine. |
B.Indian Parliament has approved Information Technology Act, 2000 which directs the process for governing cyber crimes.
OFFENCE AND PUNISHMENT UNDER THE IT ACT, 2000
| SECTION | OFFENCE | PUNISHMENT |
| Section 65 | Tampering with computer Source Documents Conceals, destroys or alters any computer source code (programmes, computer commands, design and layout), when it’s required to be maintained by law layout), when it’s required to be maintained by law | 3 years imprisonment or a fine of 2 lakhs or both |
| Section 66 | Hacking with computer system | 3 years imprisonment or with fine up to 5 lakhs |
| Section 66 A | Publishing offensive, false or threatening information | Imprisonment which may extend to 3 years and with fine |
| Section 66 B | Receiving stolen computer or communication device | 3 years imprisonment or with fine up to 1 lakh |
| Section 66 C | Using password of another person Fraudulently using the password, digital signature or the unique identification of another person | 3 years imprisonment or fine of 1 lakh |
| Section 66 D | Cheating using a computer resource or a communication device | 3 years imprisonment or fine up to 1 lakh |
| Section 66 E | Publishing private images of others Ifaperson captures, transmits or publishes images of a person’s private parts without consent or knowledge | 3 years imprisonment or fine up to 2 lakhs or both |
| Section 66 F | Acts of cyber terrorism Denies an authorized person the access to the computer resource or attempts to access a computer | Life imprisonment |
| Section 67 | Publishing child porn or predating children online Captures, publishes or transmits, images of a child in a sexually explicit act or induces anyone under the age of 18 into a sexual act | 7 years imprisonment or fine up to 10 lakhs or both |
| Section 67 A | Publishes or transmits images containing sexual acts | 7 years imprisonment or fine up to 1 lakh |
| Section 69 | Government’s power to block websites In the interest of sovereignty and integrity of India, it can intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource. | |
| Section 43 A | Data protection at Corporate level | Damages to the affected person |
Kalandi Charan Lenka v. The State of Odisha
In this case, the victim had received a series of obscene messages from an unknown number which damaged her reputation. The accused also sent emails to the victim and created a fake account on Facebook containing morphed images of her. The accused was found guilty of cyberstalking on charges under the IT Act and Section 354D of IPC.
Ramkumar v. State of Tamilnadu
The accused was found guilty of using a fake identity to stalk and harass a woman online. The court held that the offense of stalking under section 354D of the IPC includes online stalking and harassment.
Sanjeev Mishra v. State of Uttarpradesh
The accused was found guilty of creating a fake social media profile to defame a woman. The court held that the offense of defamation under section 499 of the IPC also applies to online statements.
C. Information Technology Rules :
1. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
2. The Information Technology (Guidelines for Cyber Cafe) rules , 2011
3. The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules 2021
4. The Information Technology (Electronic Service Delivery) Rules 2011
5. Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013
D. Companies Act, 2013:
1. Companies Inspection, Investment, and Inquiry Rules, 2014
2. Cybersecurity Framework by the National Institute Institute of Standards and Technology
E. National Cyber Security Policy, 2013
F. Reserve Bank of India Act, 2018
G. IT Rules,2021
H. National Cyber Security Strategy 2020
I. Personal Data Protection Bill, 2019
J. Digital Personal Data Protection Bill, 2022
K. The Digital Personal Data Protection Bill, 2023
IMPACT ON THE ECONOMY AND SOCIETY
The Indian economy and society are impacted by cybercrime. The victims of the cybercrime will have psychological impact on themselves. Advanced technology gives more options for the evil doers to commit such crimes[3]. It also causes financial losses on the Indian economy. Individuals, business, companies etc, will be targeted and all these affects the country. An e-commerce business collects customers personal details while making online payment and customer database might be leaked or hacked into the internal system with the details. Many of the victims face cyber bullying and threatening. An extreme financial ruin through cybercrimes may destroy the economy of the country.
Intellectual property theft and online financial frauds are increasing and affects the economy of the country[4]. Cyber criminals target personal data to commit identity theft and financial fraud. The data privacy of the users are under risk and one who knows the law will only be aware of such scams. The Indian Economy and society are impacted by cybercrime. There is still a difficulty in the enforcement of law and this might affect the confidence of the users.
STEPS TO PREVENT CYBERCRIME
- Securing your personal informations to protect yourself.
- Carefully responding to the fraudulent messages and calls and not disclose banking informations which might cause monetary loss.
- Use strong passwords and change them every 5-6 months.
- Strong encryption password and a virtual private network (VPN), is better when using a public wifi.
- Checking bank statement to find out unusual transactions
HOW TO REPORT CYBER CRIME COMPLAINTS ONLINE
A.National Cyber Crime Reporting portal is an online website which helps victims to report cybercrimes. It specially focuses on cyber crimes against women and children[5].
B.One can contact the nearest police station to register a complaint or reach out to National Cyber Crime Reporting Portal (Helpline Number- 1930 (working 24×7))
C.Open the webpage https://cybercrime.gov.in
D.Select the option ‘File a complaint’ and accept the terms and conditions which will be appearing on the next page.
E.Select ‘Report other cybercrime’ button
F.Select the ‘citizen login’ option and enter the details like name, email, phone number, etc.
G.Submit the OTP sent to your registered number and fill in the captcha.
H.Then enter the details of the cybercrime you want to report in the form.
I.There are four parts in the form, General Information, Victim Information, Cybercrime Information and Preview. Fill all the sections and submit.
J.Mention the details and supporting evidence of the crime like screenshots or files in the details page.
K.If you have any suspect, you can fill the details in the next page and submit after verification.
L.You will receive a confirmation message about the complaint registration and an email with the complaint ID.
M.In the cases of cyber frauds like online transactions, lottery, scams, fake calls and ATM transactions, proof of such transactions has to be produced with supporting evidence.
CONCLUSION
There is an increase of Cyber Crime in India during last decade. Cyber crimes are unlawful acts where a communication device or computer network is used to commit the crime. Cyber crimes are new dimensions to criminal law. Scammers are following new ideas to target people and there is a need for extra protection. The cyber laws of India are working on the issues really well, but a lot of development has to take place. There is a need for formulating new laws and strengthening existing ones.
[1] Srishti Sinha, Critical Analysis of Cyber Crime in India, ipleaders
[2] Varsha, An analysis on Cyber Crime in India, Legal Service India E-journal
[3] Prateek Kothari, The Impact of Cyber Crime on the Indian Economy and Society, Legal Service India E-journal
[4] Pelasur Chandrakumar, A study on impact of cyber crimes on Indian Society
[5] How to File a Complaint in Regards To Violation of Cyber Laws, Legal Service India E-journal
Author: Abirami Mohan
Juris Centre 