CYBERCRIME & LAWS IN INDIA

CHIRAGH DEVAL

INTRODUCTION
In our daily life the requirement for technology has rapidly increased, so has crime rate. We can
find anything on the internet, no matter where we are while some people use the internet for their
work and their earnings, some on the other hand use it for their faulty deeds and benefit like
posting wrong things on social media, threatening somebody online, which is unlawful in the
eyes of law and thus, they commit “cyber-crime”. Basically, it is a criminal activity that involves
computers, networks, and network devices. The main aim of this crime is to gain profit to cause
hurt to another by their acts.
Cybercrime includes many things like hacking, fraud emails, fraud calls related to our KYC,
sexual harassment, defamation, forgery, mischief, and much more. A lot of people ignore this
type of crime that they face daily because they aren’t aware of the laws and some don’t want to
get indulged to in, in spite of knowing the fact because this method is not so cheap with very
little information on how to curb it.
It’s very common nowadays most of us get SMS that you’ve won a certain amount or by clicking
on the link you will be rewarded, and by that, they fetch our all amount from the bank account
through that link only and sometimes it is traceable many a time it’s not. Hackers are always
ready to do new things to avoid the distraction of the previous crime. The least we can do is
avoid filling up our personal details everywhere, i.e., even on unknown website which ask for the
registration with some common details sometimes they ask for our annual income which is
pointless. Government should look into these matters also; these minute incidents lead to being
huge disasters and then later it becomes uncontrollable.
Mostly this type of crime is been done by the terrorists. They hack everything to do their work
because they are fearless, they focus on their work only. To contact from one country to another
without getting traced they use spam numbers, and they are trained enough to access anything
without glitching their system. Attacks that take place are very well planned through the
technologies only that our government has failed times to caught them bear hand. Technology is
for the benefit of all, but “it’s hard to live in peace without any problems in our lives and our
work, everyone goes through something and for that they work a lot for their family for a better
earning, and it takes only a few second to get vanish(money), everything, like a blink of an eye”.
The loss is the same for all of us whether it is a common man or not.
CYBERCRIME
The crime that involves all sorts of activity which includes all sorts of our personal
data/information which have been given by us on the internet, or it’s been stolen by the criminals
through hacking. Some companies sell our data also by infringing our right i.e.., ‘Right to
Privacy”
The term “Cyber Crime” was first proposed by Sussman and Heuston in 1995 1. It is the illegal
activity which involves computer and network. Both computer and internet usage increased in
recent years, so does the crime because it does not involve physical appearance to commit
cybercrime. In India, laws have been made now due to the growth of the crime and it gave a
positive belief to the society, that the criminals will be held liable easily. Criminals often do not
stay in the country where the crime takes place, as to avoid arrest.
Cybercrime can be classified into two:
 Computer- Hacking, Virus, DOS attack (it is that type of attack which shut down systems
and networks).
 Computer as a disarm- It is been used to commit real-world crimes, eg. IPR violation,
pornography, Credit card frauds, Cyber terrorism.2
The above classification completely defines what actually a cybercrime is about. It works where
there’s a digital data and opportunity. Criminals do try new methods and techniques as to avoid
arrest. Financial losses occurred after the crisis of cybercrime because, in business, people are
not investing due to breaches in security that they have faced many times. Even celebrities,
politician’s accounts got hacked in spite of having high security to their account, so how could a
common man be left alone. The losses will occur more if more strict actions will not apply to
laws and the criminals will commit more and more crimes which will harm the globe soon.
EVOLUTION OF CYBERCRIME
Things will grow eventually if isn’t stopped on time. Cybercrime has evolved a long way and
today it is the biggest threat in the world.
 During the late 80’s, the first big blow of cybercrime was email spawning. By this, the
host could easily send a virus to your inbox. It continued till 90’s but soon the websites
were accessed. In 2000 social media came to life, where people influx their personal
information to the websites. Thieves used that information to a new level by setting up
their fake bank accounts, credit card, and other financial frauds.
 After that, the thieves used “Crypto jacking” where they involved the unauthorized use of
people’s devices that includes: Computer, tablets, smartphones, and servers also.
 Another method that came up was “Phishing” in this method they used to get the account
information and credential data through telephones or via emails, with dummy websites
which include official images and email address.
 Ransomware came the most malicious software used by the thieves and was the most
appropriate method for them, in this they block access to a computer system until the said
amount was paid to them. It is usually aimed at individuals only and the main aim to
extort bitcoin somehow.
 Crypto jacking again came for corporates and digital wallets, where the thieves ask for
money to be transferred instantly or they will transfer the current amount of the wallet.3
1
https://www.southcalcuttalawcollege.ac.in/Notice/50446IRJET-V4I6303.pdf
2
https://infosecawareness.in/cyber-laws-of-india
3
https://www.jigsawacademy.com
CYBERLAW IN INDIA
 Section 65- Tampering with computer source documents
A person knowingly/intentionally destroys, conceal or change any computer source code which
was used for a computer and its program or network. It can be punished with 3 years
imprisonment or a fine of 2 Lakhs or both.
 Section 66- Using password of another person\
Whoever to cause loss, damage any information that resides in a public that is using the
password fraudulently, digital signature then it could be punishable with the imprisonment of 3
years or a fine of 1 Lakhs.
 Section 66E- Publishing private images of others
Whoever knowingly/intentionally captures someone’s private photos or publishes private images
without his/her consent shall be liable up to 2 lakhs or imprisonment of 3 years or both.
 Section 66F- Acts of cyber terrorism
Whoever knowingly/intentionally denies an authorized person to computer resource or do
without authorization, aim to threaten the unity, integrity, security, or sovereignty of the nation,
should be punishable for life imprisonment and a non-bailable offense.
 Section 67- Publishing child porn or predating children online
Whoever captures a person’s image, or publishes or transmits an image in a sexually explicit or
promotes anyone who is under the age of 18 years into a sexual act, then he can be punished for
7 years or a fine of 10 Lakhs or both.
 Section 69- Govt’s power to block websites
If govt feels necessary in the interest of sovereignty and integrity of India. It can obstruct,
monitor, or decode any information generated, transfer, received, or stored in any computer
resource and it comes under the compliance of procedure. Then as according to section 69A, the
central government can block any information from public access.
 Section 43A- Data protection at the corporate level
If neglectfully performing reasonable security by a body corporate which may result in wrongful
loss or gain to any person, then he shall be liable to pay damages to the person affected.4

ADVANTAGES OF CYBER LAW

The IT Act,2000 changed laws related to cybercrime that were outdated. People aren’t feeling
secured while doing the digital transactions as to avoid misuse of their personal details and credit
card. This act came for the existence for securing electronic form and work, like digital
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https://infosecawareness.in/cyber-laws-of-india
signature, transactions through online mode and it proposed the legal framework for the
authentication and origin of electronic records.
 From the point of E-commerce in India, the IT Act 2000, gave a positive impact on
society. In business, it gave a very secure form of working through e-mail and approval
for their deals through digital signature.
 All work/business to the companies could be done on e-commerce sites using a legal
infrastructure provided by the act.
 Digital signature has been given legal validity and authorization in the act.
 Entry of corporate companies has Certifying authorities for issuing Digital Signature.
 The act allows the companies to file any form, application, or any other document with
any office owned or controlled by the appropriate government through electronic forms.5
HOW TO PREVENT CYBERCRIME
It may not be possible to completely protect the crime as new inventions being going on by the
criminals and it’s a bit difficult to find their next move but nevertheless, we can somehow lower
the risk.
 We should make clear policies and procedures for the establishment of business and
employees so that there should be no confusion when new things come in the market and
it will help to find whether the upcoming work is original or not.
 Securities should be so high that they can’t even locate what’s on the device, and
government should look more than how they can protect the lower sector in business
because the crime takes place where there is no security or less security.
 Two-factor authentication should be used everywhere on the internet or the OTP method
that are quite often now in everything should be more secure.
 Training should be given to the employees if there’s any breach in the security that is if
the criminal’s break’s the security, then how can the employees still be on the safer side
to avoid the mishappening.
 All websites, apps, patches, software should be up to do frequently to avoid bugs.
 Data/information should be stored in a more secure way to deal with the Ransomware
attack or to deal the data breach.6
There could be more ways for preventing cybercrime and technology now has been so advanced
that as an individual we should know how we can protect our personal details, data. If everyone
should try to save their own things then the crime rate could go down and in the coming future.
CONCLUSION
It is becoming challenging every day for our government to protect their citizens from all sorts of
crime but this type of crime it comes all of sudden, we cannot track their next move like we can
do it in a physical attack through our specialized agents, that keeps updates with the intelligence.
Security is the major issue that a common man deals with mostly in every sector. Cyber cells
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https://www.researchgate.net
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https://searchsecurity.techtarget.com
need to come up with more secure ways and software that should be untraceable for the hackers.
Moreover, more advanced technology will come, that will be more difficult to handle, so they
have to be more active and smarter enough to crack the things quite easily. Government should
make more provisions and rules in the IT act,2000 as to ensure the safety and protocols. Rather
than the government, citizens also need to be more active and have to be less careless with the
technology because hackers know every single step of our next move because they are following
us everywhere.