BOOK REVIEW

CYBER CRIME IN INDIA: A COMPARATIVE STUDY (2009)

By M. Dasgupta,Eastern Law House Private Ltd.,54 Ganesh Chunder

Avenue,Kolkata-700013. Pp. 24+ 419. Price Rs.390/-.

Rule of Law is the most essential for the existence of state and for the smooth functioning of
the society and the maintenance of law and order in the society. Generally it is seen if the law
of the land is flouted, it leads to crime. Crime poses a serious threat to both the government
and the individual.

With the advancement of technology there has also been advancement in methods of
committing crime. The invention of computer has no doubt brought a revolution in the life of
humans and the invention of internet was just a cherry on the top of the cake. Being one of
the by-products of the computer and the internet, Cyber crime1 paved its way in the society.

However in the due course of time to tackle the rising problems of cyber crime and abiding
by the object of legal recognition to electronic commerce adopted by the UN Commission on
International Trade Law,2the Information Technology Act, 2000(the IT Act) was passed but
the act does not define “cyber crime”. Rather under chapter XI (sections 65 to 78), it
recognizes certain activities like tampering with source documents, hacking with computer
system, obscene publication of information in electronic form, etc as offences. The IT Act
provides extra-territorial application for violation of any provisions of the Act.

Being extremely technical in nature and capable of affecting the entire cyber world at wide
web network, cyber crimes are more harmful and dangerous than ordinary ones. In the era og
e-governance and e- commerce, various new models of cyber crime are coming out before
the world like cyber stalking, squatting, e-mail bombing, spoofing, spamming, etc. Keeping
into account the impact of cyber crime, the subject requires special attention.

With the aim to provide a comprehensive study covering all the cyber crimes recognised
under law, the book under review3 has been divided into six chapters which can be discussed
briefly.

1
In July, 1996, The UK National Criminal Intelligence Service(UKNCIS) launched a study of computer crime
called ‘project trawler’. Project Trawler defines computer crime as an offence in which a computer network is
directly and instrumentally significant in the commission of the crime. Available at
:http://www.ncis.co..uk/newpage1.htm
2
Resolution A/RES/51/162 dated 30th Jan, 1997
3
M.Dasgupta, Cyber Crime In India: A Comparative Study(2009).
In chapter I with the title ‘Cyber Crime- A General Perspective’, the author has tried to make
a comparative and illustrative study of cyber crime with general crime by describing the
nature of crime and cyber crime, its elements, etc. The author has also tried to go into the
causes of cyber crime and also touched some areas of criminology and penology.

The book runs in a very organized manner. Starting from evolution of computer, various
phases of cyber crime have been entailed up to electronic crime congress held in London in
the year of 2002 to prevent and control cyber crimes. Apart from generational and decade-
wise classification, the detailed case study like R v. Thompson4, R v. Gold5 and other cases up
to the year of 2008 have been explained with detailed facts.

Cyber crime has been compared with sections 378 and 441 of the Indian Penal Code, 1860,6
nature, character, behaviour and culture of hackers, their possible ways of hacking have been
articulated properly with sufficient illustrations. The author has also given a glimpse of
international initiatives on hacking, cyber hacking in USA, UK and India with legislative and
judicial approach and its socio-economic impact on the country gives a clear vision to the
person reading the book.

The author has properly classified the cyber crime on different basis and grounds like
computer as a target as well as victim, computers incidental to other crime, crimes associated
with prevalence of computers etc. and many more. On a single page, the author has briefed
almost all the possible ways of classification in a lucid manner.7 Thereafter the author
proceeds further on the basis of such classification and has chosen four major cyber crimes,
viz: cyber hacking, cyber fraud, cyber pornography and cyber terrorism and discussed them
in detail from chapter III TO chapter VI.

Chapter II contains the history of cyber crime. The author explains how in 1960s, the United
States Defence Department, Educational and Research Institutions started using internet
facilities as their department network without any controlling measures . The founding
fathers of the internet did not foresee cyber crimes and the need of their prevention and
control. Later in USA several laws were passed to combat cyber crimes such as Computer
Fraud and Abuse Act, 1986 which was also amended in the years 1994 and 1996. The
Communication Decency Act, 1996; the Child Online Protection Act, 1998; the Protection of
Children from Sexual Predators Act, 1998. The Information Technology Act,2000 was
passed by India following international conventions.

This chapter deals with evolution of computers; first phase of history of cyber crimes before
1960s; second phase of history of cyber crimes in the 1970s; fourth phase of history of cyber
crimes in the 1980s; cyber crime in 1990s and 2000 onwards.

4
[1984] 3 All ER 565.
5
[1987] 3 WLR 803.
6
Supra note 3 at 51 and 80 where the author has well comprehended hacking with the help of s. 66 of the IT
Act and the decision in Smt Mathri v. State of Punjab AIR 1964 SC986 on criminal trespass.
7
Id at 12.
Chapter III contains cyber hacking; hackers represent themselves as protectors of insecure
and vulnerable system and data. Most of the times it is very difficult to identify their
activities. The Information Technology act in section 66 prohibits cyber hacking. This
chapter basically throws light on the nature and character of hackers, their culture and also
explains the theories of hackers behaviour in criminological perspective, international
initiatives to prevent and control cyber hacking and cyber crime have also been discussed in
the chapter.

Chapter IV deals with cyber fraud. In the recent times where everything is available at the
door step for the consumer, cyberspace has become a media for fraudsters and the sad part is
that mostly the victims are not able to identify them. Any dishonest and fraudulent activity in
cyber space using new multimedia technology in the era of communication convergence for
wrongful gain and to cause wrongful loss to the victim which is prohibited by the criminal
law is ‘cyber fraud’.

This chapter more or less deals with cyber fraud, possible modes of cyber fraud, International
Initiatives to combat cyber fraud, cyber fraud in USA and United Kingdom. Cyber fraud in
India deals with legislative approach in India and its socio-legal impact.

Chapter V contains Cyber Pornography. New techniques are being used, misused and abused
by criminals in cyber space. Cyber Pornography, online child pornography, cyber spamming
etc, are increasing every moment. Cyber pornography is not only national but also an
international legal challenge which needs intensive study, research and worldwide awareness.

Freedom of speech and expression is recognised as a fundamental right under article 19(2) of
the constitution of India to maintain law and order, so that confidential and private
information are kept in secret and undisclosed because we wish not to disclose these to
outsiders. Freedom of speech and expression is restricted to section 292, 293 and 294 of the
Indian Penal Code. These sections prohibit obscene publications, sales distribution of
objectionable materials; etc. On this issue Indian Judiciary adopted hicklin test in several
cases. Section 67 of the Information Technology Act 2000 prohibits publication of
information which is obscene in electronic form. The Information Technology (Amendment)
Bill 2006 proposed to increase punishment under section 67 and introduced section 67A and
accordingly one whole chapter inserted in the Indian Penal Code under the title ‘Right to
Privacy’.

After the Infamous MMS-clip case of Delhi Public School, teachers and parents of a 17 year
old student were shocked and their reputation was shattered and likewise there have been
many such cases were victims have been filmed in their private moments and women have
been the most vulnerable amongst all the categories of victim. Even after so many laws and
legislations not much have been achieved in combating this issue and there has been no strict
implementation on the existing laws.
Chapter VI contains cyber terrorism. Cyber terrorism is a kind of cyber threat using new
technology or making it target by terrorist. It is national as well as international threat.
Warfare is one way of cyber terrorism by which one nation attacks other nations through
information way (i- way). This is usually called as net war. International terrorists attack
using websites websites and controlling network for example, Al- Qaida’s websites has link
with Osama-bin-Laden, attack on Indian Parliament on 13th December 2001 by making false
gate pass from internet, 11th September 2001 attack on WTO and Pentagon controlling
network of airway, 16th December 2005 e-mail threat to attack Indian Parliament and US
Consulate are examples of cyber terrorism.

Cyber terrorists use encryption programme and digital signature to co-ordinate each other.
Cyber terrorists use mobile phones, wireless, etc, to communicate with each other for
example, Aftab Ansari’s attack on American Information Center, Kolkata from Dubai,
Dawood Ibrahim’s terrorist activities using new technology.

This chapter deals with concept of cyber terrorism, national security, modes of cyber
terrorism; evolution of cyber terrorism, international initiatives to prevent and control cyber
terrorism, the United States and Kingdom’s initiatives to prevent and control cyber terrorism
and prevention and control of cyber terrorism in India.

The author has followed a set pattern and structure in each chapter like; starting with
introduction of the chapter and then the international initiatives- the European Union and the
Union Nations efforts. Thereafter, the author provides a comparative study of USA, UK and
India with legislative and judicial approach according to the need and then conclusion and
suggestions have been put in each and every chapter.

Some of the suggestions given in the end of each chapter appear traditional and average, like
general awareness programmes, change of passwords, giving more teeth to the law, the law
enforcement agencies should be more vigilant and banning of Orkut, Myspace, etc.8
Sometimes conclusions and suggestions are under separate headings and at some places they
have been merged. Some more creative and beneficial suggestions could have been included.

Though written on only selective cyber crimes, its analytical part is a qualitative contribution
to this emerging branch of law. Whatever pattern has been followed, it brings comparative
and comprehensive discussion before the readers. The author appears right while selecting
topics for the book because the 21st century has witnessed major terrors like World Trade
Centre attack and some major economic cum e-scams and everywhere role of computers and
internet have been found.

During the last one decade, a number of books have been written by Indian authors on cyber
crimes. But very few of them are there to cater to the needs of beginers, the author is one of
them and deserves the credit for bringing out such a comprehensive book. Appendix
comprising of the Information Technology Act, 2000 and the rules, he computer fraud and
abuse act, 1986 of USA and European Committee on crime problems provide room for

8
Id. At 133, 181,186 and 226
comparative study and convenience. Exhaustive subject index adds beauty to the
methodology of the book. Table of cases would have been better with citations

At last, the publisher deserves credit and congratulation for publishing such a good book with
attractive cover and good quality of print. Though bit costly, this book is beneficial to the
student community and professionals.