Wednesday, 2 February 2022

Cyber Crimes and Cyber Laws in India

 

 

Cyber Crimes and Cyber Laws in India

By: Anjali Tiwari

 It’s 2022 but we all are still living in a pandemic zone and now it’s going to be two years. The first Nation worldwide lockdown because of this Covid-19 pandemic was on 25th March 2020, when we locked ourselves in our homes for safety. During this pandemic most of us lost our physical jobs, children started taking virtual classes instead of going to school physically, international meetings, court procedures, jobs, internships, school classes and many other jobs started happening virtually. Now, we can say that we are all living in a full and crazy cyber zone.

No doubt that everything has its cons and pros. Cyber crime is not something new; we all are using internets, making social media friends, making our networking strong from one country to another, saving datas in our computer or on official websites, doing online transactions even the government datas and national security datas are saved in computers or on government official websites but because of people with intelligence started misusing the internet, cyber laws need to be made for the purpose of safety of individual or society.

Cyber Crime

"Any criminal conduct in which a computer, network, internet, online sites is used by a person to a crime" is known as cybercrime.

Types of Cyber Crime

1) Child Pornography OR Child sexually abusive material (CSAM)

Child sexually abusive material (CSAM) is any material that contains sexual imagery of a child who has been mistreated or sexually exploited in any way. According to Section 67 (B) of the IT Act, "it is illegal for posting or transmitting in electronic form material depicting children in sexually explicit acts, etc."

2) Cyber Stalking

The use of electronic communication by a person to follow a person, or attempts to contact a person to encourage personal engagement frequently despite an obvious signal of such person's disinterest; or monitors the internet, email, or any other form of electronic communication commits stalking.

3) Sextortion on the Internet

When someone threatens to distribute private and sensitive material via an electronic media until they supply sexual photographs, sexual favours, or money, this is known as online sextortion.

4) Phishing

Phishing is a sort of fraud that involves collecting personal information through emails that appear to be from a genuine source, such as Customer ID, IPIN, Credit/Debit Card number, Card expiration date, CVV number, and so on.

5) Spamming

When someone receives unwanted commercial communication by email, SMS, MMS, or any other similar electronic messaging medium, it is known as spamming. They may try to persuade the recipient to purchase a product or service, or to visit a website where he can make transactions, or to fool him into exposing bank account or credit card information.

Cyber Laws

Cyber laws refers to the legal issues surrounding the use of communications technology, particularly "cyberspace," i.e. the Internet. It is an intersection of numerous legal topics, including intellectual property, privacy, freedom of expression, and jurisdiction, rather than a unique field of law like property or contract. In essence, cyber law seeks to reconcile the issues posed by human behavior on the Internet with the historical legal framework that governs the physical world.

The Information Technology Act of 2000 (IT Act 2000) and The Indian Penal Code, 1860, is also used to prosecute cybercriminals.

Section 65 – Tampering with computer Source Documents

When computer source code (such as programmes, computer commands, design and layout) is needed to be kept by law, a person who willfully conceals, destroys, or alters it when it is required by law commits an offense punishable by three years in jail or a fine of two lakhs INR, or both.

Section 66 - Using password of another person

If a person fraudulently uses another person's password, digital signature, or other unique identity, he or she faces up to three years in prison and a fine of one lakh INR.

Section 66D - Cheating Using computer resource

If a person defrauds someone using a computer or communication equipment, he or she could face up to 3 years in prison and/or a fine of up to 1 lakh INR.

Section 66E - Publishing private Images of Others

If someone takes, transmits, or publishes photos of a person's private parts without their agreement or knowledge, they can face up to 3 years in prison and a fine of up to 2 lakh INR, or both.

 Section 66F - Acts of cyber Terrorism (Non-Bailable Offence)

If a person refuses an authorized person access to a computer resource or attempts to penetrate/access a computer resource without authority with the intent to endanger the nation's unity, integrity, security, or sovereignty, he or she faces life imprisonment. This is a crime that is not punishable by a fine.

 Section 67 - Publishing Child Porn or predating children online

If a person records, publishes, or transmits images of a child engaged in a sexually explicit conduct, or induces anybody under the age of 18 to engage in a sexual act, the individual faces up to seven years in prison or a fine of up to ten lakhs INR, or both.

Section 69 - Govt.'s Power to block websites

Any information generated, transferred, received, or stored in any computer resource can be intercepted, monitored, or decrypted by the government if it deems it necessary in the benefit of India's sovereignty and integrity. The power is conditional on the procedure being followed. The central government can also limit public access to any information under section 69A.

 Section 43A - Data protection at corporate level

If a body corporate fails to implement appropriate security standards and a person suffers a wrongful loss or gain, the body corporate will be liable to pay damages to the aggrieved person.

Conclusion

As new technologies arise, cybercrime is becoming more difficult to combat, with broad and financially crippling consequences. It's critical to act now to halt its progression. The effects of cybercrime will be lessened through increasing knowledge, improved legislation that targets cybercrime, and the use of biometrics that dramatically boost security. As previously discussed, cyber criminals will continue to find incentive in cybercrime when the dangers are so low. Cybercrime will only worsen with time unless proactive efforts are done to combat it, as it is currently too enticing an option for criminals to turn down.

References

1) Information Technology Act, 2000

2 Information Technology & Cyber Crime Lawyers, The Law Codes, https://www.thelawcodes.com/information-technology-and-cyber-lawyers/

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