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Deep Sharma MCSE, CCNA, Diploma in Cyber Law
1. What is a cyber crime 2. Reasons of crime 3. Cyber criminals 4. Mode & manner of committing cyber crime 5. Classification of cyber crime 6. Prevention of cyber crime 7. Effects on evidence act of cyber crime 8. Effects on IPC 9. Effects on CrPC 10. Conclusion
Cyber Crime – An Indian Scenario (Overview)
As India is marching towards its development, many new technologies have entered into the nook and corner of the country. Of these, Information Technology with computers has paved a way to Internet, e-Banking, e-Commerce and other types of communication systems. This has reduced the cost, increased the sophistication, more speed, efficient and reduced the manpower. These technologies has emerged as a blessing for the present pace of life but at the same time also resulted in various threats to the consumers and other institutions for which it proved to be most beneficial. It even did not spare the security of the country when this crime reached its pinnacle. In a Cyber Crime the criminals use computes as a tool, target or both for their unlawful act either to gain information which result in heavy loss or damage to the owner of that intangible sensitive information. They can launch an attack from any corner of the world without any fear of being traced or prosecuted. This is an international problem with no national boundaries. Though the pattern of cyber crime is similar through out the world there are some difference in few countries according to the technology, culture and economy of that country. The scenario in India is also different from the rest of the world. Here very high technology cyber crimes like Hacking, virus attack etc., are in the budding stage where as pornography, forgery, fraud etc., are spreading like a wild fire. Reasons for Cyber Crime: Hart in his work “The Concept of Law” has said ‘human beings are vulnerable so rule of law is required to protect them’. Applying this to the cyberspace we may say that computers are vulnerable so rule of law is required to protect and safeguard them against cyber crime. The reasons for the vulnerability of computers may be said to be:
1. Capacity to store data in comparatively small space-
The computer has unique characteristic of storing data in a very small space. This affords
to remove or derive information either through physical or virtual medium makes it much easier.
2. Easy to access-
The problem encountered in guarding a computer system from unauthorised access is that there is every possibility of breach not due to human error but due to the complex technology. By secretly implanted logic bomb, key loggers that can steal access codes, advanced voice recorders; retina imagers etc. that can fool biometric systems and bypass firewalls can be utilized to get past many a security system.
The computers work on operating systems and these operating systems in turn are composed of millions of codes. Human mind is fallible and it is not possible that there might not be a lapse at any stage. The cyber criminals take advantage of these lacunas and penetrate into the computer system. 4. NegligenceNegligence is very closely connected with human conduct. It is therefore very probable that while protecting the computer system there might be any negligence, which in turn provides a cyber criminal to gain access and control over the computer system. 5. Loss of evidenceLoss of evidence is a very common & obvious problem as all the data are routinely destroyed. Further collection of data outside the territorial extent also paralyses this system of crime investigation. Cyber Criminals The cyber criminals constitute of various groups/ category. This division may be justified on the basis of the object that they have in their mind. The following are the category of cyber criminals :
1. Children and adolescents between the age group of 6 – 18 years – The simple reason for this type of delinquent behaviour pattern in children is seen mostly due to the inquisitiveness to know and explore the things. Other cognate reason may be to prove them to be outstanding amongst other children in their group. Further the reasons may be psychological even. E.g. the BAL Bahrain (Delhi) case was the outcome of harassment of the delinquent by his friends. 2. Organised hackersThese kinds of hackers are mostly organised together to fulfil certain objective. The reason may be to fulfil their political bias, fundamentalism, etc. The Pakistanis are said to be one of the best quality hackers in the world. They mainly target the Indian government sites with the purpose to fulfil their political objectives. Further the NASA as well as the Microsoft sites is always under attack by the hackers. 3. Professional hackers / crackers – Their work is motivated by the color of money. These kinds of hackers are mostly employed to hack the site of the rivals and get credible, reliable and valuable information. Further they are van employed to crack the system of the employer basically as a measure to make it safer by detecting the loopholes. 4. Discontented employeesThis group include those people who have been either sacked by their employer or are dissatisfied with their employer. To avenge they normally hack the system of their employee.
Mode / Type of committing Cyber Crime and Prevention Cyber Pornography
Cyber Pornography is believed to be one of the largest businesses on the Internet today. The hundreds of pornographic websites with Indian contents have flourish on the
Internet are testimony to this. They operate from across the nation and there agents will upload the pornography contents from India. While pornography per se is not illegal in many countries, child pornography is strictly illegal in most nations today. They accept online payments and allows paying customers to view or download pornographic pictures, videos etc., from that website. There were also some website which offers pornographic pictures and videos free of cost. They are mainly responsible for the spread of pornography through out the country. The major victims for this type of crime are children and youth especially teen ages. It is very easy to keep these contents in one’s cell phone and pass on to others.
Hacking with Computer System
Hacker is a computer expert who uses his knowledge to gain unauthorized access to the computer network. He is not any person who intends to break through the system but also includes one who has no intent to damage the system but intends to learn more by using one’s computer. IT Act 2000 doesn’t make hacking per se an offence but looks into factor of means era. Crackers on the other hand use the information cause disruption to the network for personal or political motives. Hacking by an insider or an employee is quite prominent in present days. Most business organization stores their sensitive information in computer systems. This information is targeted by rivals, criminals and sometimes disgruntled employees. The skilled hackers were employed to obtain the vital information from the rival company. In one case a very good looking woman was sent to meet the system administrator of a large company, she interviewed the administrator for a “Magazine Article”. During the interview she flirted a lot with the administrator and while leaving she left her pen drive at the system administrator’s room. The system administrator accessed the pen drive and saw that it contained many photographs of the lady. He did not realize that the photographs were Trojanized. Once the Trojan was in place, a lot of sensitive information was stolen very easily.
Email Hacking is the new trend of crime that is emerging all over India now. Emails are increasingly being used for social interaction, business communication and online transactions etc. Most email account holders do not take basic precautions to protect their email account passwords. Cases of theft of emails passwords and subsequent misuse of email accounts are becoming very common. In one case the victim’s email account password is stolen and the account is then misused for sending out malicious code (virus, worm, Trojan etc.) to people in the victim’s address book. The recipients of these viruses believe that the email is coming from a known person and run the attachments. This in turn infects their computer with the malicious code. In another incident the victim’s email account password is stolen and obscene emails are sent to the people in the victim’s address book or request for money is made to from the victim’s friends who are in the address book.
Fake Profile in Social Networking Website
Yahoo messenger, MSN messenger and Orkut are some of the famous social networking websites. Of these Orkut is a very popular online community website. This website is very familiar to school and college students as they can search for and interact with people who share the same hobbies and interests. They can create and join a wide variety of online community. Profile of a person can be created using any email account. These profiles of the members are publicly viewable. A fake profile of a women can be created by create a free email account where there is no need to give correct name or address. Then the profile displays her correct name and contact information (such as address, residential phone number, cell phone number etc.). Sometimes it can even have her obscene photograph. In some cases the profile describes her as a prostitute or a woman of “loose character” who wants to have sexual relations with anyone. Other members see this profile and start calling her at all
hours of the day asking for sexual favors. This leads to a lot of harassment for the victim and also defames her in society. Using this fake email account an online hate community can be created. This community displays objectionable information against a particular country, religious or ethnic group or even against national leaders and historical figures. In some cases the victim will not come forward to report the case as it may aggravate the problem faced by them. Most of the offenders in this type of crime are from school going children. Still some of the crimes could not be traced as there is no proof of address of the offenders.
Cyber Frauds and Forgeries
Credit Card Fraud
Credit cards are commonly being used for online booking of airline and railway tickets and for others e-commerce transactions. Although most of the e-commerce website have implemented strong security measure (such as SSl, secure web servers etc.), instance of credit card frauds are increasing. The offender would install key loggers in public computers (such as cyber cafes, airport lounges etc.) or the computers of the victim. Unsuspecting victims would use these infected computers and the card information of the victim would be emailed to the offender. Offenders also use the Social Engineering methods to collect the important information about the card, CVV or CVC number, PIN number etc. Innocent women and people with no knowledge on these types of offence become an easy target to this crime. There is an urgent need to create a awareness among the people about the protection of the passwords and other secret numbers.
Online share trading fraud
With the advent of dematerialization of shares in India, it has become mandatory for investors to have demat accounts. In most cases an online banking account is linked with the share trading account. This has led to a high number of online share trading frauds. This is done by using the victim’s stolen account passwords and misusing his
accounts for making fraudulent bank transfers or doing unauthorized transactions that result in the victim making losses.
Tax Evasion and Money laundering Fraud
Many unscrupulous businessmen and money launders are using virtual as well as physical storage media for hiding information and records of their illicit business. They use both physical and or virtual storage media for hiding the information, ex. USB dirves, mobile phone memory cards, iPods, email accounts, online briefcases, FTP sites etc.
Fraud Digital Signature Certificate
Digital Signature Certificates are used to confirm the receipt of the information and for the secure transfer of the data from one computer to another computer. One has to pay fees and proper residential proof in order to obtain a Digital Signature Certificate from the Registering Authority. This Digital Certificate is must for all kinds of e-Commerce so, the offenders try to get it by giving false information. According to Crime in India 2007 there is a 300 % increase in this type of crime.
Forgery and Criminal Breach of Trust
Using a computer and the advanced software one can create any kind of duplicate document or stamp paper or counterfeit currency. Indians are were very much talented in art and artistic work, so with the help of computers he can create all kinds of ID’s and Certificates. This can fetch more money if it feels in the hands of criminal minded person. As per Crime in India 2007 record Majority of the crimes out of total 339 cases registered under IPC falls under 2 categories viz. Forgery (217) and Criminal Breach of Trust or Fraud (73). Although such offences fall under the traditional IPC crimes, these cases had the cyber overtones wherein computer, Internet or its enabled services were present in the crime and hence they were categorized as Cyber Crimes under IPC. The Cyber Forgery (217 cases) accounted for 0.33% out of 65,326 cases reported under cheating. The Cyber Fraud (73) accounted for 0.47% of the total Criminal Breach of Trust cases (15,531)
A total of 429 persons were arrested in the country for Cyber Crimes under IPC during 2007. 61.5% offenders (264) of these were taken into custody for offences under “Cyber Forgery”, 19.8% (85) for “Criminal Breach of Trust or Fraud” and 11.4% (49) for “Counterfeiting Currency or Stamps”. The offenders arrested under Cyber Crime (IPC) for the year 2007 revealed that offenders involved in Forgery cases were more in the agegroup of 30 – 45 (54.9%) (145 out of 264). 57.6% of the persons arrested under Criminal Breach of Trust or Cyber Fraud offence were in the age group of 30 – 45 years (49 out of 85).
Source Code Theft
Computer source code is the most important asset of software companies. Simply put, source code is the programming instructions that are compiled into the executable files that are sold by software development companies. As is expected, most source code thefts take place in software companies. Some cases are also reported in banks, manufacturing companies and other organizations that get original software developed for their use. This is being done by copying the code in virtual or small physical storage devices.
Many people do not consider software piracy to be theft. They would never steal a rupee from someone but would not think twice before using pirated software. There is a common perception amongst normal computer users not to consider software as “Property”. This has led to software piracy becoming a flourishing business. The most common type of piracy is creating duplicate CDs by using high speed CD duplication equipment. This pirated software is sold through a network of computer hardware and software vendors.
In other method the offender registers a domain name using a fictitious name and then hosts his website using a service provider that is based in a country that does not have cyber laws. Anybody can download the required software by paying either by credit Card or through Pay Pal. Such service providers do not divulge client information to law enforcement officials of other countries
Audio and Video Piracy
There are so many music and movie lovers in our country. Each and Every day there may be new relies of music and movie in some part of the country. It will give a huge profit if it is sold in the market without purchasing the right to copy and sale. Due to Piracy many entertainment companies are suffering huge loss. Though there were many law enforcing agencies like Anti pirate CD cell the pirated CDs still reaches the end user without any difficulty. The offenders sell this or circulate this through websites, bulletin boards, newsgroups, spam emails etc.
Criminals are using emails extensively for their illicit activities. Most of the offenders operate from abroad and all the victims are educated people who fell in the offenders trap. The offender convinces the victim that the victim is going to get a lot of many. They offer this by way of a lottery or from a corrupt African bureaucrat who wants to transfer his ill gotten gains out of his home country. In order to convince the victim, the suspect sends emails that contain official looking documents as attachment which are forged using software. Once the victim believes this story, the suspect asks for a small fee to cover the legal expenses or courier charges. If the victim pays up the money the suspect stops all contact or ask to arrange some credit card details from which they swindle all the money from the victim’s card.
With the tremendous country wide increase in the use of online banking, online share trading and e-Commerce and there has been a corresponding growth in the incidents of phishing being used to carry out financial frauds. It involves fraudulently acquiring sensitive information (e.g. passwords, credit card details etc) by masquerading as a trusted entity. The victim receives an email that appears to have been sent from his bank. The email urges the victim to click on the link in the email. When the victim does so, he is taken to “an anther page of the bank’s website”. The victim believes the web page to be authentic and he enters his username, password and other information. In reality, the website is a fake and the victim’s information is stolen and misused. The offender registers a domain name using fictitious details. The domain name is usually such that it can be misused for spoofing eg. Noodle Bank has its website at www.noodle.org. The offender then sends spoofed emails to the victims e.g. the emails may appear to come from genuine website but it may be from different domain name like email@example.com. The fake website is designed to look exactly like the original website.
Online Sale of Illegal Articles
It is becoming increasingly common to find cases where sale of narcotics drugs, weapons, wildlife etc. is being facilitated by the Internet. Information about the availability of the products for sales is being posted on auction websites, bulletin boards etc. which has a server in some other country where there is no proper law for cyber crime. If the buyer and seller trust each other after their email and or telephonic conversation, the actual transaction can be concluded. In March 2007, the Pune rural police cracked down on an illegal rave party and arrested hundreds of illegal drug users.
Computer Viruses are malicious programs that destroy electronic information. As the world is increasingly becoming networked, the threat and damage caused by viruses is growing by leaps and bounds. A highly skilled programmer creates a new type of strain of virus and releases it on the Internet so that it can spread all over the world. Anti virus
companies are usually able to find a solution after 8 to 48 hours. In India though there is no record of such a high skilled virus programmer some young computer engineers create such small programs for fun and it gets detected by anti virus program very soon. So they did not get caught to law enforcing agents. Indian computer are the victims to the virus attacks that were programmed from abroad. There some illegal website which installs some Ad-ware and compels the victim to purchase the product to remove the particular virus.
Web defacement is usually the substitution of the original home page of a website with another page usually pornographic or defamatory in nature by a hacker. Religious and government sites are regularly targeted by hackers in order to display political or religious beliefs. Disturbing images and offensive phrases might be displayed in the process as well as a signature of sorts, to show who was responsible for the defacement. Even they insert some links to pornographic website which could not be found to normal view.
Use of Internet and Computers by Terrorists
Many terrorists are using virtual as well as physical storage media for hiding information and records of their illicit business. They also use emails and chat rooms to communicate with their counterparts around the globe. One terrorist composes an email and saves it in the draft folder. Another terrorist logs into the same account from another city or country and reads the saved draft mail. He then composes his reply and saves it in that draft folder. The emails are not actually sent. This makes email tracking and tracing almost impossible. The also use the encryption and other ways of secrete communication methods like Steganography and decoders. It has been found in the parliament attack case that they use steganography to send secrete message which were embedded in images. They also use GPS and Internet phones to execute the plan as the terrorist did in the Mumbai
attack. The devices seized from the terrorist helped the investigator to trace the origin of these attackers and the method of their operation. Prevention methods: 1. Firewalls 2. Frequent password changing 3. Safe surfing 4. Frequent virus checks 5. Email filters Firewalls: These are programs, which protect a user from unauthorized access attacks while on a network. They provide access to only known users, or people who the user permits. Frequent password changing: With the advent of multi-user systems, security has become dependent on passwords. Thus one should always keep passwords to sensitive data secure. Changing them frequently, and keeping them sufficiently complex in the first place can do this. Safe surfing: This is a practice, which should be followed by all users on a network. Safe surfing involves keeping ones e-mail address private, not chatting on open systems, which do not have adequate protection methods, visiting secure sites. Accepting data from only known users, downloading carefully, and then from known sites also minimizes risk. Frequent virus checks: One should frequently check ones computer for viruses and worms. Also any external media such as floppy disks and CD ROMS should always be virus checked before running. Email filters:
These are programs, which monitor the inflow of mails to the inbox and delete automatically any suspicious or useless mails thus reducing the chances of being bombed or spoofed.
Effects on evidence act of Cyber Crime Legal framework on Cyber Crime
The information Technology (IT) Act, 2000, specifies the acts which are punishable. Since the primary objective of this Act is to create an enabling environment for commercial use of I.T., certain omissions and commissions of criminals while using computers have not been included. Several offence have bearing on cyber-arena are also registered under the appropriate sections of the IPC with the legal recognition of Electronic Records and the amendments made in several sections of the IPC vide the IT Act, 2000. 1. In section 3 (a) in the definition of "Evidence", for the words "all documents produced for the inspection of the Court", the words "all documents including 'the electronic records produced for the inspection of the Court" shall be substituted; (b) after the definition of "India", the following shall be inserted, namely:"electronic form", "electronic records", expressions "Certifying Authority", "digital signature", "Digital Signature Certificate", "information", "secure electronic record", meanings respectively "secure digital signature" and "subscriber" shall have the assigned to them in the Information Technology Act, 2000. (2) In section 17, for the words "oral or documentary,", the words "oral or documentary or contained in electronic form" shall be substituted. (3) After section 22, the following section shall be inserted, namely: -
"22A. When oral admission as to contents of electronic records are relevant? Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question."
In section 34, for the words "Entries in the books of account", the words "Entries
in the books of account, including those maintained in an electronic form" shall be substituted. (5) In section 35, for the word "record", in both the places where it occurs, the words
"record or an electronic record" shall be substituted. (6) For section 39, the following section shall be substituted, namely: -
"39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. - When any statement of which evidence is given forms part of a longer statement, or of a conversation or pan of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made." (7) After section 47, the following section shall be inserted, namely: -
"47A. Opinion as to digital signature where relevant. When the Court has 10 form an opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.". (8) In section 59, for the words "contents of documents" the words "contents of documents or electronic records" shall be substituted. (9) After section 65, the following sections shall be inserted, namely: "65A. Special provisions as to evidence relating to electronic record. The contents of electronic records may be proved in accordance with the provisions of section 65B". 65B. Admissibility of electronic records. (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper,
stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly computer; (b) during the said period, information of the kind contained in the record or of the kind from which the information so contained is electronic derived was carried on of the over that period by the person having lawful control over the use
regularly fed into the computer in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was affect the electronic record or the accuracy of its contents; and (d) the information contained in the electronic record reproduces or is activities. (3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether(a) by a combination of computers operating over that period; or (b) by different computers operating in succession over that period; or derived from such information fed into the computer in the ordinary course of the said not operating properly or was out of operation during that part of the period, was not such as to
(c) by different combinations of computers operating in succession over period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more computers, all the computers used for that purpose during treated for the purposes of this section as constituting a combinations of that period shall be single computer; and
references in this section to a computer shall be construed accordingly. (4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in subsection (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. (5) For the purposes of this section, (a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities,
that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities; (c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment. Explanation. -For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process. (10) After section 67, the following section shall be inserted, namely: - Proof as to digital signature. "67A. Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved." (11) After section 73, the following section shall be inserted, namely: -
Proof as to verification of digital signature. '73A. In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct(a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate; (b) any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person. Explanation.-For the purposes of this section, "Controller" means the Controller appointed under sub-section (1) of section 17 of the Information Act, 2000. (12) After section 81, the following section shall be inserted, namely: - "81 A. The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody." Technology
After section 85, the following sections shall be inserted, namely: - "85A. The
Court shall presume that every electronic record purporting to be an agreement containing the digital signatures of the parties was so concluded by affixing the digital signature of the parties. "85B Presumption as to electronic records and digital signatures. 85B. (1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In any proceedings, involving secure digital signature, the Court shall presume (a) The secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; (b) Except in the case of a secure electronic record or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature. Presumption as to Digital Signature Certificates. 85C. Presumption as to Digital Signature Certificates.-The Court shall unless contrary is proved, that the information listed in a Digital which has not been verified, if the certificate was presume, Signature
unless the contrary is proved that:-
Certificate is correct, except for information specified as subscriber information accepted by the subscriber. (14)After section 88, the following section shall be inserted, namely: - '88A. The Court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent. Explanation--For the purposes of this section, the expressions "addressee" and "originator" shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000.
After section 90 , the following section shall be inserted, namely :
90A. Presumption as to electronic records five years old.- Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorised by him in this behalf. Explanation. -Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable. This Explanation applies also to section 81A." (16) For section 131, the following section shall be substituted, namely: - Production
of documents or electronic records which another person, having possession, could refuse to produce. "131. No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production."
Effects on IPC (Offenses covered under IPC and Special Laws)
1. Sending threatening messages by email Sec.503 IPC Section 503. Criminal intimidation Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation-A threat to inure the reputation of any deceased person in whom the person threatened is interested, is within this section.
2. Sending defamatory messages by email Sec. 499 IPC Section 499. Defamation Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person. Explanation 1-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3-An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
3. Forgery of electronic records , Email spoofing Sec 463, 464, 468, 469 IPC Section 463. Forgery. 1[Whoever makes any false documents or electronic record part of a document or electronic record with, intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter
into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. Section 464. Making a false document 1[A person is said to make a false document or false electronic recordFirst-Who dishonestly or fraudulently(a) Makes, signs, seals or executes a document or part of a document; (b) Makes or transmits any electronic record or part of any electronic record; (c) Affixes any digital signature on any electronic record; (d) Makes any mark denoting the execution of a document or the authenticity of the digital signature, With the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or Secondly- Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly- Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alterations.] Section 468. Forgery for purpose of cheating Whoever commits forgery, intending that the 1[document or Electronic Record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 469. Forgery for purpose of harming reputation Whoever commits forgery, 1[intending that the document or Electronic Record forged] shall harm the reputation of any party, or knowing that it is likely to used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 4. Bogus websites, cyber frauds Sec 420 IPC Section 420. Cheating and dishonestly inducing delivery of property Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 5. Web-Jacking Sec. 383 IPC Section 383. Extortion Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion". 6. E-Mail Abuse, Online Defamation Sec.500, 509 IPC Section 500. Punishment for defamation Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Section 509. Word, gesture or act intended to insult the modesty of a woman
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. 7. Criminal Intimidation by E-mail or Chat Sec. 506, 507 IPC Section 506. Punishment for criminal intimidation Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.: -And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Section 507. Criminal intimidation by an anonymous communication Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person form whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section. 8. Online sale of Drugs -NDPS Act 9. Online sale of Arms -Arms Act 10. Piracy
-Sec. 51, 63, 63 B Copyright act 51.When copyright infringed:- Copyright in a work shall be deemed to be infringed --(a) when any person, without a licence granted by the owner of the Copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act --( i ) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or ( ii ) permits for profit any place to be used for the performance of the work in public where such performance constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for believing that such performance would be an infringement of copyright, or (b) when any person --( i ) make for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or ( ii ) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or ( iii ) by way of trade exhibits in public, or ( iv ) imports (except for the private and domestic use of the importer) into India, any infringing copies of the work. Explanation.--- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an "infringing copy". 63. Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of(a) the copyright in a work, or (b) any other right conferred by this Act, 125[except the right conferred by section 53A]
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees : Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. Explanation.-Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section. 63A. Enhanced penalty on second and subsequent covictions. Whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees : Provided that where the infringement has not been made for gain in the course of trade orbusiness the court may, for adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984. 63B. Knowing use of infringing copy of computer programme to be an offence. Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that where the computer programme has not been used for gain or in the course of trade or business, the court may, for adequate and special reasons to be mentioned in the
judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees."
11. Obscenity Sec. 292,293,294 IPC, Indecent Representation of Women Act Section 292. Sale, etc., or obscene books, etc. (1) For the purposes of sub-section (2) a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.] 3(2) Whoever(a) Sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or (b) Imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or (c) Takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or
(d) Advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or (e) Offers or attempts to do any act which is an offence under this section, Shall be punished 4[on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees]. Exception-This section does not extend to(a) Any book, pamphlet, paper, writing, drawing, painting, representation or figure(i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art of learning or other objects of general concern, or (ii) Which is kept or used bona fide for religious purposes; (b) Any representation sculptured, engraved, painted or otherwise represented on or in(i) Any ancient monument within the meaning or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) Any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. Section 292A. Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail Whoever, (a) Prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail, or
(b) Sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or (c) Conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire distributed or publicly exhibited or in any manner put into circulation; or (d) Takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased; or (e) Advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any Act which is an offence under this section, or that any such newspaper, periodical, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail, can be procured from or through any person; or (f) Offers or attempts to do any act which is an offence under this section *[shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months and not more than two years. Explanation I-For the purposes of this section, the word scurrilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person: Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of(i) A public servant in the discharge of his public functions or respecting his character, so far as his character appears in that conduct and no further; or
(ii) Any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further. Explanation II-In deciding whether any person has committed an offence under this section, the Court shall have regard inter alia, to the following considerations(a) The general character of the person charged, and where relevant the nature of his business; (b) The general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail; (c) Any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section.
Section 293. Sale, etc., of obscene objects to young person Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished 2[on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees. Section 294. Obscene acts and songs Whoever, to the annoyance of others(a) Does any obscene act in any public place, or (b) Sings, recites or utters any obscene song, balled or words, in or near any public place, Shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. 12. Theft of Computer Hardware Sec. 378, 379 IPC
Section 378. Theft Whoever intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. Explanation1. -A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2. -A moving effected by the same act which affects the severance may be a theft. Explanation3. -A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Explanation 4. -A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Explanation 5. -The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for the purpose authority either express or implied. Section 379. Punishment for theft Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Conclusion A futuristic approach to control this Cyber Crime
Though there are many techniques evolved to curb the criminal activities by Cyber Criminals but still the problem persists in legal structure and has failed to produce a deterring effect on the criminals. Crucial aspect of problem faced in combating crime is
that, most of the countries especially India lack enforcement agencies to combat crime relating to Internet and bring some level of confidence in users. Present law lacks teeth to deter the criminal group for committing cyber crimes. Law has to be created or amended keeping mind the growing trend of cyber crime in India. In order to control external cyber attacks there is an urgent need to make Extradition Treaties with all the countries of the globe and instruct the global emailing service providers to follow the rule otherwise they may be subjected to be blocked on the Indian cyber space. A report on Crime in India 2008 shows that the younger generation is very much prone to the Cyber Crime. They need proper guidance and awareness through education system on this issue. So, a subject has to be introduced on Cyber Crime and IT Security in their school curriculum.
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