Professional Documents
Culture Documents
1.Background of Cybercrimes
2.The categories of cybercrimes
3.Combating Cybercrimes
4.Phishing
5.Liability of ISPs and Govt.
6.The prosecution in cybercrimes
7.Admissibility of digital evidence in courts
8.Possible defense by an accused in a computer
related crime
9.Criminological theories and cybercrimes
10.Cyberforensics
11.The possible reliefs to a cybercrime victim and
strategy adoption
3 12. Future course of action Wednesday, December 08,
2021
Digital Revolution Internet Infra in INDIA
Internet
INDIA Internet
Infrastructure:2008.5 1Mil. Domains
(0.5 Mil. “.in”)
Bharti
BSNL NIC
Reliance
TATA
Communications
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Background of Cybercrime Cont…
Real-world theft:
Possession of property shifts completely
from A to B, i.e., A had it now B has it
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Background of Cybercrime Cont…
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Categories of Cyber crimes
Crime against
Government
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Categories of Cybercrimes
Cyber Stealing Contents from Breach of Cyberte Flowing
trespass Cyberlibel
Websites Privacy rrorism Pornograph
Trespass y
Trespass to
to person Cookies, webcrawl Online Magic
Property
Viruses ing survellianc LanternTec
Identit e hnique
y Theft Cybersquating
Phising
Software Piracy
Cybers
talking Data Theft
Hacking
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9
What is India inc’s biggest threat?
Cyber crime is now a bigger threat to India Inc than physical
crime. In a recent survey by IBM, a greater number of companies
(44%) listed cyber crime as a bigger threat to their profitability
than physical crime (31%).
The cost of cyber crime stems primarily from loss of revenue, loss
of market capitalisation, damage to the brand, and loss of
customers, in that order.
About 67% local Chief Information Officers (CIOs) who took part
in the survey perceived cyber crime
as more costly, compared to the global
benchmark of 50%.
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Combating cyber crimes
Legal framework-laws & enforcement
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Legal Framework-Laws & Enforcement
Information Technology Act, 2000-came into force on 17 October 2000
Information Technology ( Amendment) Act, 2008-came into force on 27
October 2009
The Information Technology ( Use of Electronic Records and Digital
Signatures) Rules, 2004
The Information Technology (Security Procedure) Rules, 2004
The Information Technology ( Procedure and Safeguards for Interception,
Monitoring, and Decryption of Information ) Rules, 2009
The Information Technology ( Procedure and Safeguards, for Blocking for
Access of Information by Public ), Rules, 2009
The Information Technology ( Proced
ure and Safeguards for Monitoring
and Collecting Traffic Data or
Information ) Rules, 2009.
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International initiatives
Representatives from the 26 Council of
Europe members, the United States, Canada,
Japan and South Africa in 2001 signed a Main objectives-
convention on cybercrime in efforts to
Create effective cyber crime
enhance international cooperation in
combating computer-based crimes. laws
Handle jurisdiction issues
The Convention on Cybercrime, drawn up by Cooperate in international
experts of the Council of Europe, is designed
to coordinate these countries' policies and investigations
laws on penalties on crimes in cyberspace, Develop acceptable practices
define the formula guaranteeing the efficient for search and seizure
operation of the criminal and judicial
authorities, and establish an efficient Establish effective
mechanism for international cooperation. public/private sector
In 1997, The G-8 Ministers agreed to ten interaction
"Principles to Combat High-Tech Crime" and
an "Action Plan to Combat High-Tech
Crime."
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Combating Cyber crime-Indian legal framework
Information Technology Act, 2000-came into force on 17 October
2000
Extends to whole of India and also applies to any offence or
contravention there under committed outside India by any person
{section 1 (2)}
read with Section 75- Act applies to offence or contravention
committed outside India by any person irrespective of his
nationality, if such act involves a computer, computer system or
network located in India
Section 2 (1) (a) –”Access” means gaining entry into ,instructing
or communicating with the logical, arithmetic or memory function
resources of a computer, computer resource or network
IT Act confers legal recognition to electronic records and digital
signatures (section 4,5 of the IT Act,2000)
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Cyber contravention
The IT Act prescribes provisions for contraventions in Ch
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Section 46 IT Act
Section 46 of the IT Act states that an adjudicating officer
shall be adjudging whether a person has committed a
contravention of any of the provisions of the said Act, by holding
an inquiry. Principles of audi alterum partum and natural justice
are enshrined in the said section which stipulates that a
reasonable opportunity of making a representation shall be granted
to the concerned person who is alleged to have violated the
provisions of the IT Act. The said Act stipulates that the inquiry
will be carried out in the manner as prescribed by the Central
Government
All proceedings before him are deemed to be judicial proceedings,
every Adjudicating Officer has all powers conferred on civil courts
Appeal to cyber Appellate Tribunal- from decision of Controller,
Adjudicating Officer {section 57 IT act}
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Section 47, IT Act
Section 47 of the Act lays down that while adjudging the
quantum of compensation under this Act, the adjudicating
officer shall have due regard to the following factors,
namely-
(a) the amount of gain of unfair advantage, wherever
quantifiable, made as a result of the default;
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Chapter XI of the IT Act 2000 discusses the cyber crimes and
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Whereas cyber contraventions are ‘civil wrongs’ for which
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Section 65: Source Code
Most important asset of software companies
“Computer Source Code" means the listing of
programmes, computer commands, design and
layout
Ingredients
Knowledge or intention
Concealment, destruction, alteration
computer source code required to be kept or maintained
by law
Punishment
imprisonment up to three years and / or
fine up to Rs. 2 lakh
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Hacking
Section 66 of the IT Act 2000 deals with the offence of computer
hacking.
In simple words, hacking is accessing of a computer system
without the express or implied permission of the owner of that
computer system.
Examples of hacking may include unauthorised input or alteration
of input, destruction or misappropriation of output, misuse of
programs or alteration of computer data.
Punishment for hacking is imprisonment upto 3years or fine
which may extend to 2 lakh rupees or both
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Publishing obscene information
Section 67 of the IT Act lays down punishment for the offence of
publishing of obscene information in electronic form
Recently, the Supreme Court in Ajay Goswami v Union of India
considered the issue of obscenity on Internet and held that
restriction on freedom of speech on ground of curtailing obscenity
amounts to reasonable restriction under art 19(2) of the
Constitution. The court observed that the test of community mores
and standards has become obsolete in the Internet age.
punishment on first conviction with imprisonment for a term
which may extend to 5 years and with fine which may extend to 1
lakh rupees. In the event of second conviction or subsequent
conviction imprisonment of description for a term which may
extend to 10 years and fine which may extend to2 lakh rupees.
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Phishing
Phishing in 1995
Target: AOL users
Purpose: getting account passwords for free time
Threat level: low
Techniques: Similar names ( www.ao1.com for www.aol.com ), social
engineering
Phishing in 2001
Target: Ebayers and major banks
Purpose: getting credit card numbers, accounts
Threat level: medium
Techniques: Same in 1995, keylogger
Phishing in 2007
Target: Paypal, banks, ebay
Purpose: bank accounts
Threat level: high
Techniques: browser vulnerabilities, link obfuscation
Phishing: A Growing Problem
WHOIS 210.104.211.21:
Here are a few phrases to look for if you think an e-mail message is a
phishing scam.
• "Verify your account."Businesses should not ask you to send
passwords, login names, Social Security numbers, or other personal
information through e-mail. If you receive an e-mail from anyone
asking you to update your credit card information, do not respond: this
is a phishing scam.
• "If you don't respond within 48 hours, your account will be
closed."These messages convey a sense of urgency so that you'll
respond immediately without thinking. Phishing e-mail might even
claim that your response is required because your account might have
been compromised.
Fraudulent E-mail Messages (cont’d)
Phishing Filter
(http://www.microsoft.com/athome/security/online/phishing
_filter.mspx) helps protect you from Web fraud and the risks of
personal data theft by warning or blocking you from reported
phishing Web sites.
• Install up-to-date antivirus and antispyware software.
Some phishing e-mail contains malicious or unwanted
software (like keyloggers) that can track your activities or
simply slow your computer.
• Numerous antivirus programs exist as well as comprehensive
computer maintenance services like Norton Utilities. To help
prevent spyware or other unwanted software, download
Windows Defender.
The Information Technology (Amendment) Act, 2008 has
come into force on 27th October, 2009.
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Some of the major modifications are:
1. A special liability has been imposed on call centers, BPOs, banks
and others who hold or handle sensitive personal data. If they are
negligent in "implementing and maintaining reasonable security
practices and procedures", they will be liable to pay compensation. It
may be recalled that India's first major BPO related scam was the
multi crore MphasiS-Citibank funds siphoning case in 2005. Under
the new law, in such cases, the BPOs and call centers could also be
made liable if they have not implemented proper security measures.
2. Compensation on cyber crimes like spreading viruses, copying
data, unauthorised access, denial of service etc is not restricted to Rs
1 crore anymore. The Adjudicating Officers will have jurisdiction for
cases where the claim is upto Rs. 5 crore. Above that the case will
need to be filed before the civil courts.
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3.The offence of cyber terrorism has been specially
included in the law. A cyber terrorist can be punished with
life imprisonment.
4. Sending threatening emails and sms are punishable
with jail upto 3 years.
5. Publishing sexually explicit acts in the electronic form
is punishable with jail upto 3 years. This would apply to
cases like the Delhi MMS scandal where a video of a
young couple having sex was spread through cell phones
around the country.
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6.Voyeurism is now specifically covered. Acts like hiding
cameras in changing rooms, hotel rooms etc is punishable
with jail upto 3 years. This would apply to cases like the
infamous Pune spycam incident where a 58-year old man was
arrested for installing spy cameras in his house to 'snoop' on
his young lady tenants.
7. Cyber crime cases can now be investigated by Inspector
rank police officers. Earlier such offences could not be
investigated by an officer below the rank of a deputy
superintendent of police.
8. Collecting, browsing, downloading etc of child
pornography is punishable with jail upto 5 years for the first
conviction. For a subsequent conviction, the jail term can
extend to 7 years. A fine of upto Rs 10 lakh can also be levied.
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9. The punishment for spreading obscene material by
email, websites, sms has been reduced from 5 years jail to
3 years jail. This covers acts like sending 'dirty' jokes and
pictures by email or sms.
10. Refusing to hand over passwords to an authorized
official could land a person in prison for upto 7 years.
11. Hacking into a Government computer or website,
or even trying to do so in punishable with imprisonment
upto 10 years.
12. Rules pertaining to section 52 (Salary, Allowances and
Other Terms and Conditions of Service of Chairperson
and Members),
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13. Rules pertaining to section 69 (Procedure and
Safeguards for Interception, Monitoring and Decryption of
Information),
14. Rules pertaining to section 69A (Procedure and
Safeguards for Blocking for Access of Information by
Public),
15. Rules pertaining to section 69B (Procedure and
safeguard for Monitoring and Collecting Traffic Data or
Information) and
16. Notification under section 70B for appointment of the
Indian Computer Emergency Response Team.
17. Rules Rules pertaining to section 54 (Procedure for
Investigation of Misbehaviour or Incapacity of Chairperson
and Members),
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Computer Related Crimes under IPC
and Special Laws
Sending threatening messages by email Sec 503 IPC
the Indian Penal Code 1860 (IPC) and the Code of Criminal Procedure 1973 (Cr
PC)
IT Act is a special law, most IT experts are of common consensus that it does not
cover or deal specifically with every kind of cyber crime
for instance, for defamatory emails reliance is placed on Sec. 500 of IPC, for
409) of the IPC are applicable and for false electronic evidence,
Sec. 193 of IPC applies.
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Liability of ISPs and Govt.
GOVERNMENT –NSP??
Governments Providing Services On The Network
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Liability of ISPs and Govt.
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Liability of ISPs and Govt. (Contd.)
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Liability of ISPs and Govt.
TRANSPARENCY
Need For Transparent E-governance
Concerning E-governance
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Government Initiative
The Cyber Crime Investigation cell (CCIC) of
the CBI, notified in September 1999, started
functioning from 3 March 2000.
It is located in New Delhi, Mumbai, Chennai
and Bangalore.
Jurisdiction of the cell is all over India.
Any incident of the cyber crime can be
reported to a police station, irrespective of
whether it maintains a separate cell or not.
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The Indian Computer Emergency Response
Team (CERT-In)
IT Amendment ACT 2008.
“70A. (1) The Indian Computer Emergency Response Team (CERT-In) shall
serve as the national nodal agency in respect of Critical Information
Infrastructure for coordinating all actions relating to information security
practices, procedures, guidelines, incident prevention, response and report.
(2) For the purposes of sub-section (1), the Director of the Indian Computer
Emergency Response Team may call for information pertaining to cyber
security from the service providers, intermediaries or any other person.
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Amendments- Indian Evidence Act
1872
Section 3 of the Evidence Act amended to take care of
admissibility of ER as evidence along with the paper based
records as part of the documents which can be produced before
the court for inspection.
Section 4 of IT Act confers legal recognition to electronic
records
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AUTHENTICATION OF ELECTRONIC
RECORDS
Any subscriber may authenticate an electronic record
Authentication by affixing his digital signature.
Any person by the use of a public key of the subscriber
can verify the electronic record
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LEGALITY OF ELECTRONIC SIGNATURES
Legal recognition of digital signatures.
Digital Signatures
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CONTROLLER OF CERTIFYING
AUTHORITIES
Authorities
Lay down standards and conditions governing Certifying
Authorities
Specify various forms and content of Digital Signature
Certificates
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DIGITAL SIGNATURES & ELECTRONIC
RECORDS
in Government Agencies.
Gazette.
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Presumptions in law- Section 85 B Indian
Evidence Act
The law also presumes that in any proceedings, involving secure digital
signature, the court shall presume, unless the contrary is proved, that
the secure digital signature is affixed by the subscriber with the
intention of signing or approving the electronic record
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Presumption as to electronic messages-
Section 88A of Evidence Act
The court may treat electronic messages received as if they
were sent by the originator, with the exception that a
presumption is not to be made as to the person by whom
such message was sent.
It must be proved that the message has been forwarded
from the electronic mail server to the person ( addressee )
to whom such message purports to have been addressed
An electronic message is primary evidence of the fact that
the same was delivered to the addressee on date and time
indicated.
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IT Amendment Act 2008-Section 79A
Section 79A empowers the Central govt to appoint any
department, body or agency as examiner of electronic evidence
for proving expert opinion on electronic form evidence before
any court or authority.
Till now, government forensic lab of hyderabad was considered
of evidentiary value in courts- CFSIL
Statutory status to an agency as per Section 79A will be of vital
importance in criminal prosecution of cybercrime cases in India
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Sec. 69, 69 A, 69 B
Decryption of information
Ingredients
Controller issues order to Government agency to intercept
any information transmitted through any computer resource.
Order is issued in the interest of the
sovereignty or integrity of India,
the security of the State,
friendly relations with foreign States,
public order or
preventing incitement for commission of a cognizable offence
Person in charge of the computer resource fails to extend all
facilities and technical assistance to decrypt the
information-punishment upto 7 years.
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Sec 70 Protected System
Ingredients
Securing unauthorised access or attempting to secure
unauthorised access
to ‘protected system’
Acts covered by this section:
Switching computer on / off
Using installed software / hardware
Installing software / hardware
Port scanning
Punishment
Imprisonment up to 10 years and fine
Cognizable, Non-Bailable, Court of Sessions
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Criminological Theories & Cyber Crime
positive values
Used by different types of deviants
Hacker Neutralization Techniques
Denial of Injury
No harm or insignificant harm done to victim
electronic form
Belief that downloading is copying not stealing
higher loyalties
Loyalty to group
Collect, Analyze
Identify Observe and Verify
& Organize
Preserve
Four major tasks for working with digital evidence
Identify: Any digital information or artifacts that can be
used as evidence.
Collect, observe and preserve the evidence
Analyze, identify and organize the evidence.
Rebuild the evidence or repeat a situation to verify the
same results every time. Checking the hash value.
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Techniques of cyber investigation- Cyber
forensics
Computer forensics, also called cyber forensics, is the application of computer
investigation and analysis techniques to gather evidence suitable for
presentation in a court of law.
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Computer Forensic Tools
Forensic Tool Kit:
FTK is developed by
Access Data Corporation
(USA); it enables law
enforcement and
corporate security
professionals to perform
complete and in-depth
computer forensic
analysis.
90
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TYPICAL TOOLS
EMAIL TRACER
TRUEBACK
CYBERCHECK
MANUAL
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Current and Emerging Cyber Forensic Tools of Law Enforcement
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Land Mark Cases
9/11 Attack on WTC
Afzal Guru Parliament attack Case
Mumbai Attack on Tajmahal etc.
Firos vs. State of Kerala
Syyed Asifuddin Case
Bazee Case
State of Tamilnadu v. Suhas Katti
Balasore ATM Fraud, 2010
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Case Study (contd.)
The crime was obviously committed using "Unauthorized
Access" to the "Electronic Account Space" of the customers.
It is therefore firmly within the domain of "Cyber Crimes".
ITA-2000 is versatile enough to accommodate the aspects
of crime not covered by ITA-2000 but covered by other
statutes since any IPC offence committed with the use of
"Electronic Documents" can be considered as a crime with
the use of a "Written Documents". "Cheating", "Conspiracy",
"Breach of Trust" etc are therefore applicable in the above
case in addition to section in ITA-2000.
Under ITA-2000 the offence is recognized both under
Section 66 and Section 43. Accordingly, the persons
involved are liable for imprisonment and fine as well as a
liability to pay damage to the victims to the maximum extent
of Rs 1 crore per victim for which the "Adjudication Process"
can be invoked.
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Case Study (contd.)
The BPO is liable for lack of security that enabled the commission of the
fraud as well as because of the vicarious responsibility for the ex-employee's
involvement. The process of getting the PIN number was during the tenure of
the persons as "Employees" and hence the organization is responsible for the
crime.
Some of the persons who have assisted others in the commission of the crime
even though they may not be directly involved as beneficiaries will also be
liable under Section 43 of ITA-2000.
Under Section 79 and Section 85 of ITA-2000, vicarious responsibilities are
indicated both for the BPO and the Bank on the grounds of "Lack of Due
Diligence".
At the same time, if the crime is investigated in India under ITA-2000, then
the fact that the Bank was not using digital signatures for authenticating the
customer instructions is a matter which would amount to gross negligence on
the part of the Bank. (However, in this particular case since the victims appear
to be US Citizens and the Bank itself is US based, the crime may come under
the jurisdiction of the US courts and not Indian Courts).
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Baazee case
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Baazee case
Obscene MMS clipping listed for sale on
27th November, 2004 - “DPS Girl having fun".
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Points of the prosecution
The accused did not stop payment through banking
channels after learning of the illegal nature of the
transaction.
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Points of the defence
Section 67 relates to publication of obscene material
and not transmission.
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Findings of the Court
It has not been established from the evidence that
any publication took place by the accused, directly
or indirectly.
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Findings of the Court
Prima facie Baazee.com had endeavored to plug
the loophole.
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Findings of the Court
Even though the accused is a foreign citizen, he is
of Indian origin with family roots in India.
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Court order
The court granted bail to Mr. Bajaj subject to
furnishing two sureties of Rs. 1 lakh each.
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Case of- BPO Data Theft
The recently reported case of a Bank Fraud in Pune in
which some ex employees of BPO arm of MPhasis
Ltd MsourcE, defrauded US Customers of Citi Bank to
the tune of RS 1.5 crores has raised concerns of many
kinds including the role of "Data Protection".
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State v Navjot Sandhu
(2005)11 SCC 600
Held, while examining Section 65 B Evidence Act, it may
be that certificate containing details of subsection 4 of
Section 65 is not filed, but that does not mean that
secondary evidence cannot be given.
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State of Tamil Nadu Vs Suhas Katti
This Case is notable for the fact that the conviction was achieved
successfully within a relatively quick time of 7 months from the filing
of the FIR .
The case related to posting of obscene, defamatory and annoying
message about a divorcee woman in the yahoo message group.
Additional Chief Metropolitan Magistrate, delivered the judgment on
5-11-04 as follows:
“The accused is found guilty of offences under section 469, 509 IPC
and 67 of IT Act 2000 and the accused is convicted and is sentenced
for the offence to undergo RI for 2 years under 469 IPC and to pay
fine of Rs.500/- and for the offence u/s 509 IPC sentenced to
undergo 1 year Simple imprisonment and to pay fine of Rs.500/-
and for the offence u/s 67 of IT Act 2000 to undergo RI for 2 years
and to pay fine of Rs.4000/- All sentences to run concurrently.”
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Syed Asifuddin case
Tata Indicom employees were arrested for
manipulation of the electronic 32-bit number
(ESN) programmed into cell phones that were
exclusively franchised to Reliance Infocomm.
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Societe Des products Nestle SA case 2006 (33 ) PTC 469
By virtue of provision of Section 65A, the contents of electronic records may be proved
in evidence by parties in accordance with provision of 65B.
Held- Sub section (1) of section 65B makes admissible as a document, paper print out of
electronic records stored in optical or magnetic media produced by a computer subject to
fulfillment of conditions specified in subsection 2 of Section 65B .
a) The computer from which the record is generated was regularly used to store or process
information in respect of activity regularly carried on by person having lawful control
over the period, and relates to the period over which the computer was regularly used.
b) Information was fed in the computer in the ordinary course of the activities of the person
having lawful control over the computer.
c) The computer was operating properly, and if not, was not such as to affect the electronic
record or its accuracy.
d) Information reproduced is such as is fed into computer in the ordinary course of activity.
State v Mohd Afzal, 2003 (7) AD (Delhi)1
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Parliament attack case
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Parliament attack case
A laptop, several smart media storage disks and
devices were recovered from a truck intercepted at
Srinagar pursuant to information given by two of the
suspects.
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Parliament attack case
Evidence found on the laptop included:
fake identity cards,
video files containing clippings of political leaders with
Parliament in background shot from TV news channels,
scanned images of front and rear of a genuine identity
card,
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Parliament attack case
image file of design of Ministry of Home Affairs car
sticker,
the game 'wolf pack' with the user name 'Ashiq'. Ashiq
was the name in one of the fake identity cards used by
the terrorists.
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The possible reliefs to a cybercrime victim
and strategy adoption
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Possible reliefs to a cybercrime victim- strategy
adoption
A victim of cybercrime needs to immediately report the matter to
his local police station and to the nearest cybercrime cell
Depending on the nature of crime there may be civil and criminal
remedies.
In civil remedies , injunction and restraint orders may be sought,
together with damages, delivery up of infringing matter and/or
account for profits.
In criminal remedies, a cybercrime case will be registered by police
if the offence is cognisable and if the same is non cognisable, a
complaint should be filed with metropolitan magistrate
For certain offences, both civil and criminal remedies may be
available to the victim
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Preparation for prosecution
Collect all evidence available & saving snapshots of evidence
Seek a cyberlaw expert’s immediate assistance for advice on preparing for
prosecution
Prepare a background history of facts chronologically as per facts
Pen down names and addresses of suspected accused.
Form a draft of complaint and remedies a victim seeks
Cyberlaw expert & police could assist in gathering further evidence e.g tracing
the IP in case of e-mails, search & seizure or arrest as appropriate to the situation
A cyber forensic study of the hardware/equipment/ network server related to the
cybercrime is generally essential
Preparation of chain of events table
Probing where evidence could be traced? E-mail inbox/files/folders/ web history.
Accused may use erase evidence software/tools
Forensically screening the hardware/data/files /print outs / camera/mobile/pen
drives of evidentiary value.
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Future Course of Action
Mumbai Cyber lab is a joint initiative of Mumbai police and
NASSCOM –more exchange and coordination of this kind
More Public awareness campaigns
Training of police officers to effectively combat cyber crimes
More Cyber crime police cells set up across the country
Effective E-surveillance
Websites aid in creating awareness and encouraging
reporting of cyber crime cases.
Specialised Training of forensic investigators and experts
Active coordination between police and other law
enforcement agencies and authorities is required.
Re-interpretation of criminological theories and development
of cyber jurisprudence
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Do you have any question?
Thanks
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