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CYBER LAW

Project on

Cyber Crimes against Individuals

SUBMITTED TO

Prof. B. Preetham

SUBMITTED BY

A.RAJESH

BC0140044
B.ComLL.B(Hons)
ABSTRACT:

Scope of the Study

I take this opportunity to choose the topic “Cyber Crimes against Individuals” Which have
contributed to our Indian cyber laws? In particular to the cyber laws to curb the illegal use
outstanding one of Information Technology laws.

Cyber crime may be offences using computers or offences against computers. However there
is a further distinction. Whichever of these above categories it falls under, it may be an
offence against states, corporations or individuals. Again, under the header of individuals,
crimes may be out of malice or out of self interest (or a mixture of both, depending on the
case). The latter category involves hacking, extortion and other enriching means. The former
involves blackmail, data leaks of confidential or private data, etc, as well as torment such as
cyber bullying.

Due to the personal nature of these crimes many of them go unreported because of social
stigma. Women are often the target of these crimes too.

Today milestones have been made to act on instances of cyber crime, and this efficiency also
doubles up as a deterrent. However capabilities of experts on the criminal side still may tip
the odds against law enforcement. Furthermore issues of jurisdiction and such plague it just
like other areas of cyber law. This project seeks to analyse trends in cyber crime against
people and laws related to it.

RESEARCH QUESTIONS:

1. What are cyber crimes against individuals?


2. What is the Indian law regarding cyber crime against individuals?
3. Punishment for cyber crime against Individual as per IT Act 2000
CHAPTERIZATION:

1. INTRODUCTION
2. CYBER CRIMES AGAINST INDIVIDUALS
3. INDIAN LAW REGARDING CYBER CRIME AGAINST INDIVIDUALS
4. PUNISHMENT FOR CYBER CRIME AGAINST INDIVIDUAL AS PER IT
ACT 2000
5. CONCLUSION
1. INTRODUCTION

Cyber crime may be offences using computers or offences against computers. However there
is a further distinction. Whichever of these above categories it falls under, it may be an
offence against states, corporations or individuals. Again, under the header of individuals,
crimes may be out of malice or out of self interest (or a mixture of both, depending on the
case). The latter category involves hacking, extortion and other enriching means. The former
involves blackmail, data leaks of confidential or private data, etc, as well as torment such as
cyber bullying.

Due to the personal nature of these crimes many of them go unreported because of social
stigma. Women are often the target of these crimes too.

Today milestones have been made to act on instances of cyber crime, and this efficiency also
doubles up as a deterrent. However capabilities of experts on the criminal side still may tip
the odds against law enforcement. Furthermore issues of jurisdiction and such plague it just
like other areas of cyber law. This project seeks to analyse trends in cyber crime against
people and laws related to it.

2. CYBER CRIMES AGAINST INDIVIDUALS:

There are certain offences which affects the personality of individuals can be defined as:

 Harassment via E-Mails:

It is very common type of harassment through sending letters, attachments of files & folders
i.e. via e-mails. At present harassment is common as usage of social sites i.e. Facebook,
Twitter etc. increasing day by day.1

 Cyber-Stalking:

It means expressed or implied a physical threat that creates fear through the use to computer
technology such as internet, e-mail, phones, text messages, webcam, websites or videos.2

1
Cyber crime against person accessible at https://www.legalindia.com/cyber-crimes-and-the-law/ last referred
on 15th July 15, 2018

2
Dr. Gupta & Agrawal, Cyber Laws and laws relating to Information technology.
 Defamation:

It is an act of imputing any person with intent to lower down the dignity of the person by
hacking his mail account and sending some mails with using vulgar language to unknown
persons mail account.

 Hacking:

It means unauthorized control/access over computer system and act of hacking completely
destroys the whole data as well as computer programmes. Hackers usually hacks
telecommunication and mobile network.3

 Cracking:

It is amongst the gravest cyber crimes known till date. It is a dreadful feeling to know that a
stranger has broken into your computer systems without your knowledge and consent and has
tampered with precious confidential data and information.

 E-Mail Spoofing:

A spoofed e-mail may be said to be one, which misrepresents its origin. It shows it’s origin
to be different from which actually it originates.

 Cheating & Fraud:

It means the person who is doing the act of cyber crime i.e. stealing password and data
storage has done it with having guilty mind which leads to fraud and cheating.

 Cyber Pornography:

Cyber pornography is in simple words defined as the act of using cyberspace to create,
display, distribute, import, or publish pornography or obscene materials. With the advent of
cyberspace, traditional pornographic content has now been largely replaced by online/digital
pornographic content.4

3
What are law against hacking in India accessible at https://www.quora.com/What-are-the-laws-against-
hacking-in-india last referred on 15th July 15, 2018
4
Cyber pornography law in India accessible at https://blog.ipleaders.in/cyber-pornography-law-india/ last
referred on 15th July 2018.
3. INDIAN LAW REGARDING CYBER CRIME AGAINST INDIVIDUALS

Hacking (Sec. 66 Of It Act)

• Unlawful access of a computer system.

• It is one of the oldest computer-related crimes, and in recent years has become a mass
phenomenon.

• Examples are Wannacry ransomware attack and Petya ransomware Attack;

Wannacry ransomware attack5

Wannacry ransomeware attack is an ongoing cyber attack worldwide. It is a computer worm,


targeting Windows OS and demanding ransom payments in Bitcoins.

Russia, Ukraine, India and Taiwan are very badly affected.

Business of several large companies closed & Banks, Hospitals, and other Government
Agencies were also very badly affected.

Cyber Stalking & Harassment(Sec.66c Of It Act)

1. To harass someone and the characteristics include,

• false accusations,

• monitoring,

• threats,

• identity theft, and

• data destruction or manipulation.

2. Cyberstalking also includes exploitation of minors, be it sexual or otherwise.

Cyber stalking is a virtual or electronic type of physical stalking. Stalking by and large
includes pestering or undermining conduct that an individual participates in over and again or
diligent unwelcome contact with another person.6 Spontaneous email is one of the most

5
What is wanna cry ransomware attack accessible at https://www.slideshare.net/iengageonline/what-is-wanna-
cry-ransomware-attack last referred on 15th July, 2018

6
Dr. Gupta & Agrawal, Cyber Laws and laws relating to Information technology.
widely recognized types of harassment, including hate, disgusting, or threatening mail.
Different types of provocation incorporate sending the casualty infections or high volumes of
electronic junk mail (spamming).

A cyber stalker can discuss specifically with their objective when the objective computer
interfaces in any capacity to the Internet. The stalker can expect control of the casualty's
computer and the main guarded choice for the casualty is to disengage and give up their
present Internet "address".7

Phishing, Vishing & Smishing (Sec.66d)

Some spoof messages purport to be from an existing company, perhaps one with which the
intended victim already has a business relationship. The 'bait' (attract) in this instance may
appear to be a message from 'the fraud department' of, for example, the victim's bank, which
asks the customer to: "confirm their information"; "log in to their account"; "create a new
password", or similar requests. If the 'fish' takes the 'bait', they are 'hooked' -- their account
information is now in the hands of the con man, to do with as they wish.

"Phishing" scams are currently the most popular and thus dangerous form of email fraud.
They use email messages that appear to come from a legitimate company or institution, such
as your bank or university, and ask you to "update" or "verify" your personal information; the
scammers then use this information to commit identity theft. And it’s also caused for account
take over.

Ajay sood case8

In a landmark judgment in the case of National Association of Software and Service


Companies vs Ajay Sood & Others, delivered in March, ‘05, the Delhi High Court declared
`phishing’ on the internet to be an illegal act, entailing an injunction and recovery of
damages.

Elaborating on the concept of ‘phishing’, in order to lay down a precedent in India, the court
stated that it is a form of internet fraud where a person pretends to be a legitimate association,

7
Jaishankar K & Uma Shankar V, Cyber Stalking: A Global Menace in the Information Super Highway.

8
Nasscom vs. Ajay Sood & Others 119 (2005) DLT 596, 2005 (30) PTC 437 Del
such as a bank or an insurance company in order to extract personal data from a customer
such as access codes, passwords, etc. Personal data so collected by misrepresenting the
identity of the legitimate party is commonly used for the collecting party’s advantage. court
also stated, by way of an example, that typical phishing scams involve persons who pretend
to represent online banks and siphon cash from e-banking accounts after conning consumers
into handing over confidential banking details.

The Delhi HC stated that even though there is no specific legislation in India to penalise
phishing, it held phishing to be an illegal act by defining it under Indian law as “a
misrepresentation made in the course of trade leading to confusion as to the source and origin
of the e-mail causing immense harm not only to the consumer but even to the person whose
name, identity or password is misused.” The court held the act of phishing as passing off and
tarnishing the plaintiff’s image.

The plaintiff in this case was the National Association of Software and Service Companies
(Nasscom), India’s premier software association. The defendants were operating a placement
agency involved in head-hunting and recruitment. In order to obtain personal data, which
they could use for purposes of headhunting, the defendants composed and sent e-mails to
third parties in the name of Nasscom.

This case achieves clear milestones: It brings the act of “phishing” into the ambit of Indian
laws even in the absence of specific legislation; It clears the isconception that there is no
“damages culture” in India for violation of IP rights; This case reaffirms IP owners’ faith in
the Indian judicial system’s ability and willingness to protect intangible property rights and
send a strong message to IP owners that they can do business in India without sacrificing
their IP rights

Cyber Pornography (Sec.67, 67a & 67b)

Cyber pornography is banned in many countries and legalized in some. In India, under the
Information Technology Act, 2000, this is a grey area of the law, where it is not prohibited
but not legalized either.

Under Section 67 of the Information Technology Act, 20009

9
IT ACT 2000
1. Publication- which would include uploading on a website, whats app group or any
other digital portal where third parties can have access to such content.

2. Transmission- this includes sending obscene photos or images to any person via
email, messaging, whats app or any other form of digital media.

3. Causing to be published or transmitted- this is a very wide terminology which would


end up making the intermediary portal liable, using which the offender has published
or transmitted such obscene content. The Intermediary Guidelines under the
Information Technology Act put an onus on the Intermediary/Service Provider to
exercise due diligence to ensure their portal is not being misused.

Tamil Nadu v. Suhas katti10

First case in India where a conviction was handed down in connection with the posting of
obscene messages on the internet under the controversial section 67 of the Information
Technology Act, 2000. The case was filed in February 2004 and In a short span of about
seven months from the filing of the FIR, the Chennai Cyber Crime Cell achieved the
conviction . In the case, a woman complained to the police about a man who was sending her
obscene, defamatory and annoying messages in a Yahoo message group. The accused also
forwarded emails received in a fake account opened by him in the victim's name. The victim
also received phone calls by people who believed she was soliciting for sex work.

4. PUNISHMENT FOR CYBER CRIME AGAINST INDIVIDUAL AS PER IT


ACT 2000
1 Section – 66 Computer Related Offences If any person, dishonestly, or fraudulently,
does any act referred to in section 43,he shall be punishable with imprisonment for a
term which may extend to two three years or with fine which may extend to five lakh
rupees or with both.11

2 Section 66A – Punishment for sending offensive messages through


communication service Any person who sends, by means of a computer resource or
a communication device,

10
http://lawmantra.co.in/tamil-nadu-v-suhas-katti-2004-case-related-to-the-posting-of-obscene-messages-on-
the-internet/
11
What are the laws against hacking in india? accessible at https://www.quora.com/What-are-the-laws-
against-hacking-in-india last referred on 15th July , 2018.
 Any information that is grossly offensive or has menacing character;
 Any information which he knows to be false, but for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury, criminal
intimidation, enmity, hatred, or ill will, persistently makes by making use of
such computer resource or a communication device,
 Any electronic mail or electronic mail message for the purpose of causing
annoyance or inconvenience or to deceive or to mislead the addressee or
recipient about the origin of such messages
 shall be punishable with imprisonment for a term which may extend to three
years and with fine.
3. Section 66B – Punishment for dishonestly receiving stolen computer
resource or communication device. Whoever dishonestly receives or retains
any stolen computer resource or communication device knowing or having
reason to believe the same to be stolen computer resource or communication
device,shall be punished with imprisonment of either description for a term
which may extend to three years or with fine which may extend to rupees one
lakh or with both.
4. Section 66C – Punishment for identity theft Whoever, fraudulently or
dishonestly make use of the electronic signature, password or any other unique
identification feature of any other person,shall be punished with imprisonment
of either description for a term which may extend to three years and shall also
be liable to fine which may extend to rupees one lakh.12
5. Section 66D – Punishment for cheating by personation by using computer
resource Whoever, by means of any communication device or computer
resource cheats by personating; shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable
to fine which may extend to one lakh rupees.
6. Section 66E – Punishment for violation of privacy Whoever, intentionally
or knowingly captures, publishes or transmits the image of a private area of
any person without his or her consent, under circumstances violating the
privacy of that person, Explanation – For the purposes of this section:

12
Dr. Gupta & Agrawal, Cyber Laws and laws relating to Information technology
 “transmit” means to electronically send a visual image with the intent
that it be viewed by a person or persons;

 “capture”, with respect to an image, means to videotape, photograph,


film or record by any means;

 “private area” means the naked or undergarment clad genitals, pubic


area, buttocks or female breast;

 “publishes” means reproduction in the printed or electronic form and


making it available for public;

 “under circumstances violating privacy” means circumstances in which


a person can have a reasonable expectation that–

 he or she could disrobe in privacy, without being concerned


that an image of his private area was being captured; or

 any part of his or her private area would not be visible to the
public, regardless of whether that person is in a public or
private place.

shall be punished with imprisonment which may extend to three years or with fine not
exceeding two lakh rupees, or with both.

7. Section 67 – Punishment for publishing or transmitting obscene material


in electronic form 13Whoever publishes or transmits or causes to be published
in the electronic form, any material which is lascivious or appeals to the
prurient interest or if its effect is 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,shall be punished on first
conviction with imprisonment of either description for a term which may
extend to two three years and with fine which may extend to five lakh rupees
andin 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 ten lakh rupees.

13
Cyber Pornography Law in India accessible at https://blog.ipleaders.in/cyber-pornography-law-india/ last
referred on 15th July , 2018
8. Section 67A – Punishment for publishing or transmitting of material
containing sexually explicit act, etc. in electronic form14 Whoever publishes
or transmits or causes to be published or transmitted in the electronic form any
material which contains sexually explicit act or conduct shall be punished on
first conviction with imprisonment of either description for a term which may
extend to five years and with fine which may extend to ten lakh rupees and in
the event of 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 ten lakh rupees.
9. Section 67B. Punishment for publishing or transmitting of material
depicting children in sexually explicit act, etc. in electronic
form Whoever:-
o publishes or transmits or causes to be published or transmitted material in any
electronic form which depicts children engaged in sexually explicit act or conduct or

o creates text or digital images, collects, seeks, browses, downloads, advertises,


promotes, exchanges or distributes material in any electronic form depicting children in
obscene or indecent or sexually explicit manner or

o cultivates, entices or induces children to online relationship with one or more children
for and on sexually explicit act or in a manner that may offend a reasonable adult on
the computer resource or

o facilitates abusing children online or

o records in any electronic form own abuse or that of others pertaining to sexually
explicit act with children,

shall be punished on first conviction with imprisonment of either description for a term which
may extend to five years and with a fine which may extend to ten lakh rupees
and in the event of 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 ten lakh
rupees:
Provided that the provisions of section 67, section 67A and this section does not extend to

14
IT Act 2000 – Penalties accessible at http://niiconsulting.com/checkmate/2014/06/it-act-2000-penalties-
offences-with-case-studies/ last referred on 15th July , 2018
any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic
form

5. CONCLUSION

Many theories such as subjective territoriality, objective territoriality and nationality


principles exist for penalizing cyber crime. However an actual body of international law
enforcement is preferable which deals with complex issues such as the internet as it's own
sovereign jurisdiction. Cyber crimes against individuals carry heavy penalties under the
Information Technology Act 2000 which is amended periodically to be up to date.

However when dealing with crimes committed out of self interest prevention is a better
option than punishment as huge sums of money could be involved. Hence the government
must take proactive steps for awareness about cyber security especially regarding banking,
etc.