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21300.types of Cyber Crimes and Cyber Law in I PDF
21300.types of Cyber Crimes and Cyber Law in I PDF
Science), LLB
Cyber Law & Cyber Security Expert. Email: prashant.mali@cyberlawconsulting.com
IT Act 2000 »
Types of Cyber Crimes & Cyber Law in India
(Part-I)
What is a cyber crime? programmer. In recent years though, with the prosecution of such offence is pending
Cyber crime is a generic term that easier access to multiple systems, it now and triable by any magistrate.
refers to all criminal activities done using has negative implications.)
3. Spreading Virus or Worms
the medium of computers, the Internet, Law & Punishment: Under
cyber space and the worldwide web. Information Technology (Amendment) What is spreading of Virus or
There isn’t really a fixed definition for Act, 2008, Section 43(a) read with Worms?
cyber crime. The Indian Law has not given section 66 is applicable and Section 379 In most cases, viruses can do any
any definition to the term ‘cyber crime’. In & 406 of Indian Penal Code, 1860 also amount of damage, the creator intends
fact, the Indian Penal Code does not use are applicable. If crime is proved under them to do. They can send your data to a
the term ‘cyber crime’ at any point even IT Act, accused shall be punished for third party and then delete your data from
after its amendment by the Information imprisonment, which may extend to three your computer. They can also ruin/mess
Technology (amendment) Act 2008, the years or with fine, which may extend to up your system and render it unusable
Indian Cyber law. But “Cyber Security” five lakh rupees or both. Hacking offence without a re-installation of the operating
is defined under Section (2) (b) means is cognizable, bailable, compoundable system. Most have not done this much
protecting information, equipment, with permission of the court before which damage in the past, but could easily do
devices computer, computer resource, the prosecution of such offence is pending this in the future. Usually the virus will
communication device and information and triable by any magistrate. install files on your system and then will
stored therein from unauthorized access, 2. Data Theft change your system so that virus program
use, disclosure, disruption, modification or What is Data Theft? is run every time you start your system.
destruction. According to Wikipedia, Data Theft is It will then attempt to replicate itself by
What is Cyber Law? a growing problem, primarily perpetrated sending itself to other potential victims.
Cyber law is a term used to by office workers with access to technology Law & Punishment: Under
describe the legal issues related to use of such as desktop computers and hand- Information Technology (Amendment)
communications technology, particularly held devices, capable of storing digital Act, 2008, Section 43(c) & 43(e) read
“cyberspace”, i.e. the Internet. It is less of a information such as flash drives, iPods with Section 66 is applicable and under
distinct field of law in the way that property and even digital cameras. The damage Section 268 of Indian Penal Code, 1860
or contract are, as it is an intersection of caused by data theft can be considerable also applicable. Spreading of Virus offence
many legal fields, including intellectual with today’s ability to transmit very large is cognizable, bailable, compoundable
property, privacy, freedom of expression, files via e-mail, web pages, USB devices, with permission of the court before which
and jurisdiction. In essence, cyber law DVD storage and other hand-held devices. the prosecution of such offence is pending
is an attempt to apply laws designed for According to Information Technology and triable by any magistrate.
the physical world, to human activity on (Amendment) Act, 2008, crime of data 4. Identity Theft
the Internet. In India, The IT Act, 2000 as theft under Section 43 (b) is stated as - What is Identity Theft?
amended by The IT (Amendment) Act, If any person without permission of the According to wikipedia Identity theft
2008 is known as the Cyber law. It has a owner or any other person, who is in is a form of fraud or cheating of another
separate chapter XI entitled “Offences” charge of a computer, computer system person’s identity in which someone
in which various cyber crimes have been of computer network - downloads, copies pretends to be someone else by assuming
declared as penal offences punishable or extracts any data, computer data base that person’s identity, typically in order
with imprisonment and fine. or information from such computer, to access resources or obtain credit and
1. Hacking computer system or computer network other benefits in that person’s name.
What is Hacking? including information or data held or Information Technology (Amendment)
Hacking is not defined in The stored in any removable storage medium, Act, 2008, crime of identity theft under
amended IT Act, 2000. then it is data theft. Section 66-C, whoever, fraudulently or
According to wiktionary, Hacking Law & Punishment: Under dishonestly make use of the electronic
means unauthorized attempts to Information Technology (Amendment) signature, password or any other unique
bypass the security mechanisms of an Act, 2008, Section 43(b) read with identification feature of any other person
information system or network. Also, in Section 66 is applicable and under Section known as identity theft.
simple words Hacking is the unauthorized 379, 405 & 420 of Indian Penal Code, Identity theft is a term used to refer
access to a computer system, programs, 1860 also applicable. Data Theft offence to fraud that involves stealing money or
data and network resources. (The term is cognizable, bailable, compoundable getting other benefits by pretending to be
“hacker” originally meant a very gifted with permission of the court before which someone else. The term is relatively new
Contd. on pg.34
and is actually a misnomer, since it is not 5. E-Mail Spoofing other parts of the email header are altered
inherently possible to steal an identity, to appear as though the email originated
What is Email Spoofing?
only to use it. The person whose identity from a source other than its actual source.
According to wikipedia, e-mail
is used can suffer various consequences Hackers use this method to disguise the
spoofing is e-mail activity in which the
when they are held responsible for the actual email address from which phishing
sender addresses and other parts of
perpetrator’s actions. At one time the only and spam messages are sent and often use
the e-mail header are altered to appear
way for someone to steal somebody else’s email spoofing in conjunction with Web
as though the e-mail originated from
identity was by killing that person and page spoofing to trick users into providing
a different source. E-mail spoofing is
taking his place. It was typically a violent personal and confidential information.
sending an e-mail to another person in Law & Punishment: Under
crime. However, since then, the crime such a way that it appears that the e-mail
has evolved and today’s white collared Information Technology (Amendment)
was sent by someone else. A spoof email Act, 2008, Section 66-D and Section417,
criminals are a lot less brutal. But the is one that appears to originate from one 419 & 465of Indian Penal Code, 1860
ramifications of an identity theft are still source but actually has been sent from also applicable. Email spoofing offence is
scary. another source. Spoofing is the act of cognizable, bailable, compoundable with
Law & Punishment: Under electronically disguising one computer permission of the court before which the
Information Technology (Amendment) as another for gaining as the password prosecution of such offence is pending
Act, 2008, Section 66-C and Section 419 system. It is becoming so common that and triable by any magistrate.
of Indian Penal Code, 1860 also applicable. you can no longer take for granted that the
Identity Theft offence is cognizable, e-mail you are receiving is truly from the Bibliography:
bailable, compoundable with permission person identified as the sender. Author’s upcoming book on Cyber Law
of the court before which the prosecution Email spoofing is a technique used and Cyber Crimes
of such offence is pending and triable by by hackers to fraudulently send email …To be continued in Part II, which will be
any magistrate. messages in which the sender address and published in the next CSIC issue.