Everyone who works on a computer should be familiar with the term “Cybercrime.” Initially, when man invented the computer and then the technology for communication between computers evolved, he would never have thought that the cyber space that he is creating could be flooded with any crime, that is, cyber crime. But now almost all of us might have heard the term computer crime, cyber crime, electronic crime, high-tech crime or electronic crime, which is nothing more than an activity carried out with criminal intent in cyber space. Simply put, it is an activity that is generally criminal in nature, where a computer or network is the source, tool, target, or location of a crime. To say in one line, “Cybercrime refers to all activities carried out with criminal intent in cyberspace”.
Such crime involves information technology infrastructure, including illegal access (unauthorized access), unlawful interception (by technical means of non-public transmissions of computer data to, from, or within a computer system), data interference (unauthorized damage, deletion, damage, alteration or deletion of computer data), system interference (interference with the operation of a computer system by the introduction, transmission, damage, deletion, damage, alteration or deletion of computer data), use device misappropriation, forgery (identity theft), and wire fraud .
This article aims to give an overview of Cyber Crimes since in e-life (of which we are all part) conventional crimes such as extortion, forgery, etc. they are being done with the help of computers; that most of us use for online money transactions.
In today’s e-Age, ‘Crime’ has extended beyond physical assault or mental torture; now it also affects our e-life. E-Life means our existence and living in the cyber world. Each of us is a part of this cyber world, directly or indirectly, as computers and the Internet are now an integral part of our personal and professional lives. Like any other invention, computers and the Internet are a boon to humanity if used correctly and for the benefit of society. However, as we all know, everything has its pros and cons, so computers and the Internet are no exception. If we consider ‘Cyber Crime’ as a virus, then it would not be false to say that this virus is corrupting the significant development of man (computers and Internet) which is responsible for developing a civilized society for men. Cybercrime is a global threat and one of the most difficult and challenging to detect and investigate. You will find it interesting to note that even the official website of the Mumbai Crime Branch Cyber Crime Investigation Cell quotes “The invisible criminal is more dangerous than the visible one”.
You may be wondering why one should know about cybercrime?
Most of us use the Internet and computers for online transactions where we transmit personal information and possibly conduct monetary transactions. If your personal information falls into the wrong hands and you file for bankruptcy or start receiving silly emails or your email account is flooded with spam; means that you have become a victim of a cybercrime.
Cybercrime takes various forms that can include hacking (illegal intrusion into a computer system without the permission of the owner), phishing (extracting confidential information from bank/financial institution account holders by deceptive means), phishing (obtaining a computer on a network to pretend to be the identity of another computer to gain network access), cyber bullying (following the victim by sending emails or entering chat rooms frequently), cyber slander (sending emails to all concerned / post on website the text containing defamatory stuff about the victim), threats (sending threatening emails to the victim), salami attacks (making insignificant changes that go unnoticed by the victim ), net extortion, pornography (transmission of lewd material), software piracy (illegal copying of original software/programs), email bombing, virus dissemination (sending malware that is attached to other software), IPR theft , identity theft, data theft, etc.
Hacking, destruction of files and data through the spread of viruses are the largest number of crimes in the cyber world.
“Russia, China and Brazil are world leaders in cybercrime. India is rapidly emerging as a major cybercrime hub, yet our legal system is already in place to address this threat of cybercrime and to control cybercrime and punish the culprits. Cyber crime, which we can define as “an illegal act in which the computer is a tool or a target or is incidental to the crime”, has both civil and criminal remedies.
So let’s talk about the remedies available against such crimes. In India, the offense of Cybercrime is covered by the Information Technology Act, 2000 and the Indian Penal Code.
Cybercrime Cells have been established by law in major cities. These Cells work directly under the command of the Police Commissioner of the respective cities. The Central Bureau of Investigation (CBI) already has a cybercrime wing in operation since 1999.
The Government has established the “Cyber Regulations Appeal Court” under the Information Technology Act 2000. The Court has the same powers vested in a Civil Court to compel the discovery and production of documents, receive evidence in Declared jurisdictions. But the Court’s decisions can be challenged by the High Court. The Information Technology Act does not only apply to crimes committed in India, but can also be used to bring criminals from foreign countries to India for trial.
Powers of the Cybercrime Cells:
Any police officer, not below the rank of Deputy Superintendent of Police, or any other officer of the Central Government or of a State Government authorized by the Central Government on this behalf may enter any public place and search and arrest without warrant to anyone who is there. who is reasonably suspected of or has committed or is committing or is about to commit any crime provided for in this Law.
Punishment for Cyber Crimes:
A person found guilty of cybercrime will be punished with imprisonment for a period that can be extended to three years or with a fine or both.
Highlights of the Information Technology (Amendment) Act, 2008:
The Information Technology (Amendment) Act 2008 was enacted in October 2009.
The term “digital signature” has been replaced by “electronic signature” to make the law more technology neutral. A new section has been inserted to define “communication device” to mean cell phones, personal digital assistance, or a combination of both, or any other device used to communicate, send, or transmit any text, video, audio, or image. A new section has been added to define “cyber cafe” as any facility from which Internet access is offered to members of the public by any person in the ordinary course of business.
There is an addition of several new offenses in the Act. Section 66 has now been expanded to include sections 66A, (offensive messages), 66B, (receiving stolen computer), 66C, (identity theft), 66D (impersonation of identity), 66E (voyeurism) and 66F (cyberterrorism). Section 67 has been expanded to include Sections 67A (Sexually Explicit Content), 67B (Child Pornography),
In summary on Cyber Terrorism:
Cyberterrorism is the premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention of causing harm or promoting social, ideological, religious, political or similar objectives, or intimidating any person to further of such goals.
Cyber terrorism can have a large-scale, serious influence on a significant number of people. It can greatly weaken the economy of countries, thus stripping them of their resources and making them more vulnerable to military attack.