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The word “crime” denotes an act of offence which infringes the law of the state as well as it is strictly prohibited by the society. The anti-social behavior of people before the era of globalization included various crimes such as Robbery, Rape, Murder, Child abuse harassment, Dowry and many other offences however, in this modern era crime has taken a new shape known as cybercrimes or breach of one’s cyber space.
This type of crime has come into the existence because of significant innovations such as computer and internet connections which brought comprehensive change in our day to day lives. Internet may have emerged as a blessing in our lives but at the same time has also resulted in various threats to people and institutions such as banks, schools etc. Cybercrimes includes phishing, cyber bulling, verbal abuses, stalking, hacking, sharing of personal information, digital data threats etc. and the most ironic thing is that it done over the cyberspace thus creates a lot of hustle and agitation among the society as they are unaware of the threat. Hence, in order to make these crimes transparent and to what extend can these cause harm to individuals here is a list of them.
• Cyber stalking are the physical threats which creates fear by the means electronic communication via e-mails, phones, text messages, webcam, videos.
• Obscene content includes indecent exposure/ pornography or any prohibited material via online sites such as child pornography.
• Hacking means the unauthorized access over one’s phone, computer or any electronic device with the intention to destroy or tamper the data present in it, without the permission of the owner.
• E-mail spoofing is a disguised e-mails whereby means that it presents it origin to be different from which it actually originates.
• Carding means unauthorized or false use of credit and debit card.
• Cheating and Fraud means whereby a person is stealing a password as well as data which is stored or tampering it for its own benefit.
• Transmitting Virus means attachment of disrupted programs which is attached with a computer file or software in order to destroy or harm the data of the computer. One of the instance is worm attack. For instance BRAIN worm was first virus transmitted in 1986 then Anna Kournikova in feb 2001 etc.
• Online Gambling means online cheating and frauds is now a days the most prominent attack. The gamblers call individual’s and ask them for their OTP numbers or bank account details and then transfer all the money from individual’s accounts. This also includes lottery frauds.
• Cyber terrorism means whereby military installations, air traffic controls, power plants, telecommunications, banks networks are aimed with the intention to cause harm, destruction at large scale.
People are oblivious by these cybercrimes because it has no boundaries over the internet serves and which nevertheless opens the door of conflicts over the jurisdiction of the crime.Traditionally, all the three types of jurisdiction are adjudicated primarily on the concept of territory which means any kind of wrongful offence was or was not conducted within the physical boundaries or not. But in case of cybercrimes people suffer more as questions are raised on the issue of border crossing “where” in the geographical world a net based crime was initiated in the first place?
In order to answer this question, here are few laws and Acts in order to protect one’s right.
1) Information Technology Act, 2000
2) Information Technology (Certifying Authorities) Rules, 2000
3) Information Technology (Security Procedure) Rules, 2004
4) Information Technology (Certifying Authority) Regulations, 2001
The major purpose of the Information Technology Act, 2000 is to provide legal recognition for all the transactions which are carried out by means of electronic communication in cyber space, which is also known as "electronic commerce" and involves the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies. The target of the Act is to make it facilitating, an enabling, and a regulating Act. The Information Technology Act, 2000 is a facilitating Act because it allows both e-commerce and e-governance. The Information Technology Act, 2000 also considered as enabling Act which allows legal system of electronic records and digital signatures.
For the reference, According to the section 43 , who so ever destroys, alters, disrupts or deletes with the intention of damaging of the whole data of the computer system that is too without the permission of the owner of the computer, shall be punished to pay fine up to 1 crore to the person so affected by the act.
And as per section 66 , "Whoever with the aim to cause or realizing that he is probably going to harm the general population or any individual devastates or erases or modifies any data dwelling in a computer asset or reduces its worth or utility or influences it damagingly using any and all means, carries out hacking." Further just because, hacking is a digital wrongdoing thus the person shall be liable for imprisonment up to 3 years or with fine which may stretch out to Rs. 2,00,000/ - or with both. On past events, the sites of the Government have been hacked into yet no lawful arrangement inside the current enactment could be summoned to cover "hacking" as a digital wrongdoing. It will presently be conceivable to attempt to rebuff programmers under area 66 of the IT Act, 2000.
Another interesting initiative is the National Cyber security Policy in 2013, its strategy expects to guarantee a protected and versatile the internet for residents, organizations, and the legislature in order to create satisfactory trust and trust in IT frameworks and exchanges in the internet and subsequently upgrade selection of IT in all parts of the economy. Also to set up a National and Sectoral level 24 x 7 components for getting vital data with respect to dangers to ICT foundation.
Although Internet does not have any geographical or physical boundaries of a country yet one of the United Nations agencies 'United Nations Commission on International Trade Law' (UNCITRAL) recommended a certain level of consistency of laws in all member nations. It was adopted on 30th January 1997 which provides the legal recognition to e-contracts as well as to e-documents which occurred over the internet. Thus, the Model Law on Electronic Commerce was adopted by the United Nations Commission on International Trade Law(UNCITRAL) to control cyber-crime around the world.
Despite of these laws in existence, cyber terrorists have acquired the power to in collapse the economic structure of our country. Speaking of which as per the report delivered by the National Crime Records Bureau (NCRB) cybercrimes in India nearly multiplied in 2017. The information comes in the setting of India seeking to turn into a trillion dollar computerized economy. Strikingly, cybercrimes represented not exactly a rate (0.43%) or 21,796 instances of a sum of 50,07,044 cognizable wrongdoings in 2017.
As per NCRB, which delivered the measurements late on Monday, "During 2017, 56.0% of digital wrongdoing cases enlisted were for the intention of misrepresentation (12,213 out of 21,796 cases) trailed by sexual abuse with 6.7% (1,460 cases) and causing offensiveness with 4.6% (1,002 cases)." Also as per insights delivered by Federal Bureau of Investigation in 2019, India stands at third position in the world among the top 20 countries that are victims of cybercrimes.
In order to reduce the cybercrimes and surge awareness among society about these attacks thestudents in schools should be given trainings about their rights in regard to cyber space as it is beautifully decided in a judgment of Puttuswamy Vs Union where by nine judge bench of Supreme Court had declared the right to privacy as a fundamental right and is protected under Part III of our Indian Constitution under Article 21 which furthermore protects the personal data. Governments, should create kids' associations and families should make Collective move for making computerized world more secure and open for kids. Govt. need to guarantee that digital security turns into an alluring and practical profession choice for children. Nonetheless, Government should also assign more and more manpower in order to keep a track over these illegal acts. Probably individuals should be more vigilant about their acts such as do not share your PIN, PASSWORDS, OTP’S, Card numbers, CVV with any strangers over telephone or in person. Be aware while accepting any friend request from strangers on any social media platforms. One should make sure to restrict the access over its online profiles, Medias etc. People should create strong and long passwords and do not save them in the web browsers. Keep in mind, never to download any pirated software or application on your electronic devices. As far as the responsibilities of government, should aim for signing cybercrime conventions, multi-lateral treaties with other countries just as UN Conventions are signed which will help in effective enforcement of law and order. Another way to strengthen our country’s cyber security is via active surveillances 24X7, helpline centers, creation of a strong network that may give quick response to the victims. For such matters there should be separate Cyber Appellate Tribunals which should step up by the Central government, currently only one of such is present in New Delhi.
THIS ARTICLE IS WRITTEN BY AMANPREET KAUR 3rd WINNER OF NATIONAL ARTICLE WRITING COMPETITION BY LEGALPATRA