Cybercrime, also called computer crime, the use of a computer as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy. Cybercrime, especially through the Internet, has grown in importance as the computer has become central to commerce, entertainment, and government.
The world of Internet today has become a parallel form of life and living. Public are now capable of doing things which were not imaginable few years ago. The Internet is fast becoming a way of life for millions of people and also a way of living because of growing dependence and reliance of the mankind on these machines. Internet has enabled the use of website communication, email and a lot of any time anywhere IT solutions for the betterment of human kind.
Internet, though offers great benefit to society, also present opportunities for crime using new and highly sophisticated technology tools. Today e-mail and websites have become the preferred means of communication. Organizations provide Internet access to their staff. By their very nature, they facilitate almost instant exchange and dissemination of data, images and variety of material. This includes not only educational and informative material but also information that might be undesirable or anti-social. Regular stories featured in the media on computer crime include topics covering hacking to viruses, web-jackers, to internet pedophiles, sometimes accurately portraying events, sometimes misconceiving the role of technology in such activities. Increase in cyber crime rate has been documented in the news media. Both the increase in the incidence of criminal activity and the possible emergence of new varieties of criminal activity pose challenges for legal systems, as well as for law enforcement.
To control the increasing cyber crimes in India, a strict law has to be implemented and followed.
Cyber law is a term used to describe the legal issues related to use of communications technology, particularly “cyberspace”, i.e. the Internet. It is less of a distinct field of law in the way that property or contract are, as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an attempt to apply laws designed for the physical world, to human activity on the Internet. In India, The IT Act, 2000 as amended by The IT (Amendment) Act, 2008 is known as the Cyber law. It has a separate chapter XI entitled “Offences” in which various cyber crimes have been declared as penal offences punishable with imprisonment and fine.
Types of Cyber crimes and cyber laws in India
Hacking means unauthorized attempts to bypass the security mechanisms of an information system or network. Also, in simple words Hacking is the unauthorized access to a computer system, programs, data and network resources.
Law & Punishment: Under Information Technology Act, 2008. If crime is proved under IT Act, accused shall be punished for imprisonment, which may extend to three years or with fine, which may extend to five lakh rupees or both. Hacking offence is cognizable, bailable, compoundable with permission of the court before which the prosecution of such offence is pending and triable by any magistrate.
Data Theft is a growing problem, primarily perpetrated by office workers with access to technology such as desktop computers and handheld devices, capable of storing digital information such as flash drives, iPods and even digital cameras. The damage caused by data theft can be considerable with today’s ability to transmit very large files via e-mail, web pages, USB devices, DVD storage and other hand-held devices. According to Information Technology Act, 2008, crime of data theft under Section 43 (b) is stated as – If any person without permission of the owner or any other person, who is in charge of a computer, computer system of computer network – downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium, then it is data theft.
Law & Punishment: Under Information Technology Act, 2008 Data Theft offence is cognizable, bailable, compoundable with permission of the court before which the prosecution of such offence is pending and triable by any magistrate.
Spreading Virus or Worms
In most cases, viruses can do any amount of damage, the creator intends them to do. They can send your data to a third party and then delete your data from your computer. They can also ruin/mess up your system and render it unusable without a re-installation of the operating system. Most have not done this much damage in the past, but could easily do this in the future. Usually the virus will install files on your system and then will change your system so that virus program is run every time you start your system. It will then attempt to replicate itself by sending itself to other potential victims.
Law & Punishment: Under Information Technology Act, 2008, Spreading of Virus offence is cognizable, bailable, compoundable with permission of the court before which the prosecution of such offence is pending and triable by any magistrate.
Identity theft is a form of fraud or cheating of another person’s identity in which someone pretends to be someone else by assuming that person’s identity, typically in order to access resources or obtain credit and other benefits in that person’s name. Information Technology Act, 2008, whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person known as identity theft.
Law & Punishment: Under Information Technology Act, 2008, Identity Theft offence is cognizable, bailable, compoundable with permission of the court before which the prosecution of such offence is pending and triable by any magistrate.
E-mail spoofing is e-mail activity in which the sender addresses and other parts of the e-mail header are altered to appear as though the e-mail originated from a different source. Spoofing is the act of electronically disguising one computer as another for gaining as the password system. It is becoming so common that you can no longer take for granted that the e-mail you are receiving is truly from the person identified as the sender.
Law & Punishment: Under Information Technology Act, Email spoofing offence is cognizable, bailable, compoundable with permission of the court before which the prosecution of such offence is pending and triable by any magistrate.
AUTHOR: -SHIVANI NAIR
PUBLISHED BY: SHWETA AGARWAL
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