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CYBER CRIMES AND CYBER VICTIMIZATION

INTRODUCTION: The “Cyber law” provides remedy against the violation of virtual,
personal, professional, virtual-personal or virtual-professional cyber crimes. Amazingly
term ‘cyber crimes’ or even term ‘cyber’, is nowhere defined in cyber laws including
“Information Technology Act, 2000”. But it includes “all sphere of IT based (Information
Technology), internet based online or offline offences”. Almost all types of “cyber
offences” are punished under “IT Act” and other criminal laws. Despite advantages of IT
laws, providing to individual, organization, companies and government, it also emerged
as ‘the door to hell’ for criminal activities and tendencies. The ‘invention of Internet’ is
the one of the “world changing technological development” in electronic
communication. The ‘worldwide web’ transforms the world in to a “Global village” and
made all “netizen”, the “digital citizen”. It also made the world knowledge, “a huge
ocean or common reservoir” of information, intellectual data and knowledge.

The virtual world is boundaries less, it gives “ample opportunities” to ameliorate both
personal and professional relation across border. The world has witnessed degradation of
technology proliferation gradually in cyber era.

According to the datas of “Deccan Chronicle”- “India has gain hundred percent hike in
registered cyber crimes in year 2016-17. In Government sector, hike of 136 percent and
119 percent in private sector, especially financial sector. We made certain amendments
in IT laws, to cope up with new emerging cyber offences including privacy, theft,
hacking, cyber bullying, cyber pornography, cyber harassment etc. Still Indian cyber
laws are not efficiently dealing with prevention of “Cyber victimization” and leave the
“internet user” in vulnerable position”.1

Majority of ‘digital citizens’ don’t even know about the importance of cyber laws and
‘digital hygiene’. Indian citizens are not perfectly ‘digitally literate user’ or “digital
citizen”. This ‘digitally illiteracy’ made them subject of ‘cyber victimized’. The focus
1
India registered over 100 per cent rise in cyber crime during 2016-17, Report
https://www.deccanchronicle.com/nation/current-affairs/251117/india-registered-over-100-per-cent-rise-in-
cyber-crime-during-2016-17-report.html, last accessed on May, 01, 2018.
and vision of whole range of criminal law is a “penalizing criminal and least concern
about the trauma of “cyber victimization”. The term “cyber victimization” is not easy to
define because of dynamic character of “victimization”.

1 THE UNDERSTANDING CYBER VICTIMIZATION: “DIGITAL


ARCHITECTURES AND DIS-INHIBITION EFFECTS”:

The term “cyber victimization” is a composition of two words- ‘cyber’ and


‘victimization’. The concept of ‘cyber victimization in cyber space’ is not known to
everybody particularly, in India. The chances of ‘physical injury’ are less but that may
result in ‘mental & psychological trauma, which might sustain throughout ‘victim’s life’.
The term ‘cyber’ means- “of relating to or involving computers or computer network
(such as internet)”.2
Another definition is- “cyber is a prefix used to describe a person, thing, or idea as part
of the computer and information age. Taken from ‘kybernetics’, Greek for “steersman or
“governor”, it was first used in cybernetics, a word coined by Norbert Weiner and his
colleagues”.3
1.1 “Victimization” general means being ‘victimized’. Further ‘victimized’ is being
‘victim’ of commission of some offence against a “person”. The word ‘person’ includes
a ‘company or organization (public or private). In words of Alice Miller-
“The victimization of person is now here forbidden; what is forbidden is- to write about
it”. So, the before understanding of “cyber victimization” we should full understand the
term ‘victim’ & other associated terminology”.
The meaning of “victim”, is-
“Victim in the context of crime means, a person harmed, injured or killed because of
crime, accident or other event or action. It also refers to a person who is tricked or
duped. He is identifiable person who has been harmed individually & directly by the
perpetrator”.
By the analysis of this definition the context of “Cyber victimization” it could be
understanding that - “a person ‘virtually or physically harmed’ or ‘virtually killed’,
2
Merriam Webster, meaning of Cyber: http://www.merriam-webster.com/dictionary/cyber, last visited on
May 02, 2018.
3
Meaning of ‘Cyber’: http://www.searchmicroservices.techtarget.com/definition/cyber, last visited on May
02, 2018.
because of cyber crime, or virtual incident, or other event or action. It is also referring to
a person, who is virtually tricked or duped worth cyber means. He is identifiable person
who has been harmed individually or collectively as an organization or group, directly
by perpetrator”.
In all cases of whereby a person is targeted through cyber space is – a sufferer and ‘cyber
victim’. He undergone though physical mental, financial, emotional trauma and damage,
which may even, resulted into “virtual death”4 or physical death of person for e.g. virtual
harassment, violation of privacy, bulling etc.
Now we can conclude that “Cyber-victimization refers to- the process of victimizing
others using information and communication technologies. Cyber-victims can be
governments, organizations or individuals. In this chapter, cyber-victimization is used to
refer specifically to the victimization resulting from cyber-criminal behavior”.5

The cyber world provides the norms & tenets, to be complied with internet on cyber
space. “The culture that emerged or is emerging, from the use of computer networks for
communication, entertainment and business. It is also the study of various social
phenomena associated with the Internet and other new forms of network communication,
such as online communities, online multi‐player gaming, and email usage”

1.2 “Cyber Victimolgy”- “Cyber victimology is the study of- ‘survival of cyber crime’
and of ‘psychological trauma and experience’. It is also inclusive of mental element
which reflects the feelings and emotions of being ‘cyber victim’. It understands the
behavioral modes of victim, which resulted into or contributed to his state of ‘cyber
victimization’ which is also called as “Cyber victimogenesis”.

4
According to definitions given of various terms in “https://dictionary.reverso.net/english-definition/”
“Virtual death: Unique user’s identity on internet is simply is user life in cyberspace while if user leave no
record or trace of his virtual life is virtual death”
“Digital death: It means “disconnection of active online presence and accounts upon user's death”.
“Web death: The choice of web suicide or deletion of interactions through his own, amounts to web death
with regard to ones internet life”.
“Internet Death: It means “symbolically killing one’s internet unique identity”.
5
What is Cyber Victimization, IGI Global, https://www.igi-global.com/dictionary/cyber-
victimization/38033, last visited on April 30, 2018.
The objective of “cyber victimology is- “To analysis the mental trauma, emotions and
stress a cyber victim going through? The condition of being in- anger, shame,
helplessness, defeatism, isolation, anguish, betrayal is felt victim. The cyber victim going
through fear, anxiety, nervousness, self blame. In such an emotionally disturbed state,
what help, counseling and support victim gets from the family, society or the state? Law
enforcement agencies use the study of Cyber victimology to determine why the victim was
targeted by the perpetrator”.
Further “Cyber victimology” is inclusive of other several integral attributes like-

1. “Cyber Victimogenesis”-

It refers to the origin or cause of cyber victimization.


2. “Victim Precipitation”-
Where, the real cause of being victimized is, the victim himself.
3. “Vulnerability”-
It refers to a state of recognition of weakness by other, physical, psychological,
social, and material or financial which made a person victim of another person.
4. “Poly Victimization”-
It belongs to state of experience of multiple cyber victimizations.
5. “Rescue”-
To restrain of prevent a person from a dangerous or difficult situation, to free,
liberate, extricate or recover.
6. “Cyber Victim Assistance”-
It includes rescue, Counseling, Legal assistance, Legal advice, Compensation and
relief.
7. “Rehabilitation”-
It means restoration, reintegration or reinstallation of cyber victim, inclusive of
individual, person, group, company or organization- public or private into normal life
of person.
8. “Restorative Justice”-
Its objective is that victims can be better given the justice through ‘an attempt to
reconciliation’, between ‘cyber victim and the offender’. The objective is to prevent
the re-victimization and transformation of offender. The offender takes the
responsibility for the offence, expresses repentance for offence, and often makes
some compensation to the ‘cyber crime victim’.
1.3 Dynamics of “perpetrator- cyber victim relationship”:
“The dynamics of perpetrator and cyber victim in as follows:
1. The perpetrator has already exploited the victim and taken advantage.
Often the offender might be superior in technological, psychological,
2.
monetary or domination etc.
3. The offender has betrayed the trust or misused his authority.
4. The victim feels cheated, wronged, violated.
The legal regime proceeds on a position that the accused is innocent till the
5.
guilt is proved.
6. The burden of prove lies on the victim itself to establish the guilt of accused.”
1.4 Related fields of “Cyber victimology”:
There are other related fields which help in understanding of “Cyber victimization’ like
Criminology, Penology, Psychology, Psychiatry, Social behavioral science and Neuro-
sciences.
2 THE LEADING PATTERNS OF CYBER VICTIMIZATION:
It is universally accepted truth that “patterns and trends change, but victims remain”. It is
soaring inequality in “ratio of male and female of being victims”. There is also the
difference of impact over male and female, of victimization. The recently trending ‘cyber
crimes’ are - spreading computer viruses, mobile-hacking, banking and financial frauds,
outraging the privacy, cyber defamation, cyber crimes and IPR issues, cyber torts, cyber
terrorism, ransomware, hacktivism, ATM frauds etc.
According to report on ‘Cyber Data Statics, 2011, revealed by “Norton, the world leading
agency for reporting on ‘Risky pattern of behavior for Cyber crimes’, that-
 “The ratio
(50 thousa
 The ‘Cyb
experience
(9 percent
431 millio
 About 80
cybercrim
 About 77
cybercrim
 About 79 p
have been
 About 75
been cyber
 About 64
been cyber

2.1 Recently emerging trends of ‘Cyber victimizations’:


A ‘person’ could be the subject of ‘cyber crimes’ or ‘cyber victimization’ through
various modes, a few which recently emerged are:
1. Increase in mobile phone victimization.
2. Vulnerability of Children and Teens increased to a greater extent.
3. Victim’s Curiosity to hack the offender.
4. Growth of Victim Precipitated Crimes.
5. Lack of reporting behavior.
6. Cyber torts
7. Growth of Victim Turned Offenders”,
2.2 Types of Cyber victims:
On the basis of recent trends of ‘cyber victimization’ we can extract the following types
of ‘cyber victims’:
 Cyber harassment/ cyber hate victims.
 Cyber bullying or stalking victims
 Victim of ID theft
 Women Victim
 Teen Victims
 Institution victim e.g. School, college university or others
 Organization Victims etc.
The leading ‘Cyber Criminological Studies’ and researches trying to understand the
reasons for “victimization” through ‘life style activities of the victims’, which is
responsible for the mounting ‘computer and cyber crimes’. The imagination of

6
Patterns of Cyber victimization, http://www.ispac.cnpdsorg/download.php?
fld=report_files&f=jaishankar.pdf, last visited on May 5, 2018.
‘Crimeless society’ is a myth. There no any society without ‘any crime’. “Crime” means-
the act or conduct of a person prohibited by the law, for the violation of which the laws
provides punishment. The ‘peer involvement and deviance’ in computer crimes,
tremendously increased the possibility of ‘Cyber victimization’. The “Computer crimes”
committed at the cost of emotions, which makes the victims to ‘feel fear or distress
especially’ or ‘virtual harassment’. It compelled the victims to realize ‘distress and fear’
same as in case of ‘physical mode’ of these offenses. The ‘Cyber harassment’ can be of
various forms such as sending sexual messages, sms or threatening or other instant mode
of sending massages. ‘Cyber Stalking or bullying’ has tremendous hike among youths
especially in teens. It causes the victims to feel fear, depression, depression, stress and
emotional breakdown.
The “Life style routine theory (LRAT)” for “cyber victimization” revealed in the study
that- “the deviant behavior” and “demographic characteristics of the accused” is
responsible for the “cyber victimization”. The ‘virtual environment’ is ‘spatially and
temporarily disconnected’, both, the victim and accused while using the internet. For the
better understanding of ‘Cyber victimization’ we need to understand the potential
reciprocal relationship between ‘victim and accused’ and ‘involvement of computer and
victimization’. Sometimes it is arguing that ‘cyber bullying’ is different from ‘off-line
bullying’ because culprit “target and harass” the victims with different methods.
Generally, the target of “cyber stalking” is ‘children and women’. Another reason for
‘cyber victimization’ is ‘gender natured online communication’, which raises the level of
being ‘victimized’. Often ‘online communications are of ‘masculine in nature’, which
sometimes can complicate the communications.7

2.3 New Crimes, New Victims in New Space- “Cyber Space and Cyber Routine:
The ‘Computer wrongs’ is inclusive of both ‘civil and criminal wrongs’. We use ‘Cyber
crime’ in generic sense which includes- “all kinds of civil and criminal wrongs related or
with use of or online or offline mode, offences related to computer”. Some of the offence

7
Examining the Applicability of Lifestyle-Routine Activities Theory for Cybercrime Victimization
Thomas J. Holt & Adam M. Bossler, https://www.tandfonline.com/doi/pdf/10.1080/01639620701876577?
needAccess=true”, last accessed on Jan. 2018.
are both ‘civil and criminal wrong’, done with computer like Cyber defamation, Cyber
torts, Data of information theft and misappropriation, violation of privacy, terrorism,
pornography, ID theft, Network and Signal related, internet or broadcasting signals
related etc. ‘Crime’ always refers to- commission of activity which is adjudicated by
providing ‘penalty and punishments’.
2.4 Classification of Crimes in Cyber Laws:
Broadly the “cyber crimes” can be divided in three categories as-

1. Cyber Crimes against individuals or person


2. Cyber Crimes against Property
3. Cyber Crimes against State/ Organization or (Public or Private)
Here below is the example of categories of ‘cyber crimes’ comes under above mention
classifications:
CYBER CRIMES AGAINST CYBER CRIME AGAINST CYBER CRIME AGAINST
‘PERSON’ ‘PROPERTY’ ‘STATE’
Intention to extract
1 Cyber Stalking 1 Virus transmission 1 information from
Computer system
Dissemination of
2 2 Denial of services 2 Cyber terrorism
Obscene Material
Distribution of Private
Unauthorized access
3 Defamation 3 3 services with
over computer system
permission
Polluting youth
Indecent exposure, Intellectual Property
4 4 4 through indecent
Internet time theft Crimes
exposure
Unauthorized access Financial Scam & Illegal human
5 5 5
over computer system frauds trafficking
6 E-mail spoofing 6 Sale of illegal articles 6 Hacking
7 Pornography 7 Hacking 7 Sale of illegal article
Harassment via e-
8 8 Computer vandalism 8 Online gambling
mails

2.5 Indian posture on ‘Cyber crimes’:


The Indian parliament passed IT Act, 2000 with objective of removing the hurdles in
India’s rejuvenation into ‘IT superpower’, which is based on the Modal Law on
Electronic Commerce 1996, adopted by “United Nation Commission on International
Trade Law (UNICTRAL).
The ‘Cyber crimes’ are perpetrated with ‘world wide web’. The mode of commission of
“virtual crimes” is different from “physical crimes”. Though most of the ‘cyber crimes’
has occupied ‘place for adjudication and punishment in IT Act,2000, but still it not
defines the term “Cyber” and “offence”. It is significant here to know that ‘Cyber
offences’ not only cover on ‘IT Act, 2000’ but also covers and supplemented by under
‘Indian Penal Code, 1860’ for e.g. for instance- virus attack, hacking, denial of services,
data theft, punishment for tempering with source code, ransomware attacks, banking
fraud, e- fraud, ATM cloning, mobile SIM’s cloning or destruction of mobile or data
cards, forging of Credit or debit cards with dishonest intention, for causing “wrongful
gain or loss” to other could be adjudicated and penalized under Sec. 66 r/w Sec. 43 of
‘Information Technology Act’, and Sec. 463 to Sec 471 of Indian Penal Code, 1860 etc.
According to report of ‘Computer Security Firm’, “India is the second worst victim of
cyber crimes which means the percentage of ‘cyber victimization’ is higher than other
countries of world”. Here below image 2.5 is the news extract of the report:
Image 2.5
According to the report of “International Crime Victimization Surveys (ICVS)”- every
year one out of five adult is “victimized” and among those some, “re-victimized”. The
“United Nations Interregional Crime and Justice Research Institute (UNICRI)” also
accepted this report. But unfortunately, didn’t recognize “Cyber Victim as ‘Victim” of
traditional crimes. The victimization of ‘Cyber Citizens’ has grown up to alarming level.
2.6 Cyber Victimization, the silent “Digital Plague”:
Everyone is victim of ‘cyber crime’ to a limited extent and feel extremely powerless
against the ‘faceless perpetrator’. According to ‘Todd, USA’- “Facelessness is scary.
You can’t explain it. It makes it harder to point the finger. There’s nobody who knows
who this person is?”
The feeling of “powerless, is a belief that- “faceless criminals are the real accused of
offence”, the victims not even expect ‘cyber criminals’ to be penalized. The Cyber victim
of “cyber offences” feels “pissed off” and “ripped off” from the situations. Then ‘Cyber
victims’ feels- angry, annoyed and cheated.
Now ‘Cyber crime’ has turned in to ‘Global Digital plague’. According to the report of
Norton, Symantec US, revealed that ‘Globally about two third of adult are victim of
‘cyber crime’ of some kind and about fifty one percent feels their effects. Generally, the
adults are victim of- online scam, Cyber phishing, social networking websites hacking,
mobile and credit frauds”.
Despite universal threat only few adults realized that- they would change their ‘online
behave to prevent them from being victimized’. The ‘Cyber victim’ after their
‘victimization’, blames themselves responsible for their victimization. According to
Joseph LaBrie, Associate professor of psychology, University of Loyola Marymount:
“Cyber Victimization is known as ‘learned helplessness’. Which happens when people
don’t know enough about a problem or don’t know how to resolve it?”
2.7 Transformation of Internet into “Cyber Crime Scene”:

The rapid growth of “mobile technology” has made the human life very easy and
transforms it in to ‘digital life’ and made all netizen, ‘digital citizen’. The extensive rely
and dependency over the “
‘Information technology’ on computer or mobile also made us “virtually handicap” too.
The over dependencies over ‘Internet technology’ also shattered our day to day life, daily
routine and affect our social bonding.
The phenomenon of ‘Citizen Journalism’, Spirit of Conducting ‘Sting Operations’,
‘Selfie Addiction’, Identity recognition crisis, Addiction of status updating and
Information sharing (private or personal) and ‘Digital social networking’, with computer
or mobile with the help of internet. The technology is a ‘double edged weapon’ which
saves as well as kills. This phenomenon depends over the ‘objective and purpose of use
of technology. The internet has now turned into become “wish fulfillment machine”. On
the other side now every offence whether ‘primarily or in association with other offence’
like involvement of internet or mobile, is an ‘internet involving crime’ can be term in
restricted sense ‘cyber crime’.
Now everyone is armed with cameras on ‘mobile’ and ‘internet’ that made it easier to
take picture. There are also instance of ‘digital revenge’ or ‘revenge porn’, ‘reverse
defamation, ransom or ‘digitally outraging the modesty’ on internet. Even the internet
user sharing their, ‘uncensored pictures’ on ‘internet chats’.
From the commercial point of view the ‘inter or intra organizational competition’ and
‘organizational rivalry’, resulted in ‘dens for paranoia’. Most of the internet users are
unaware or careless about tools of ‘digital hygiene’, implications, limitations and
restrictions for the use of ‘internet and related technologies.
2.7.1 The omnipresence nature of ‘digital life’:
The ‘Cyber world’ is ‘omnipresent’. Our daily routine starts and end with ‘brush with
cyber paste’ it includes not only the ‘social media’, which solicits to make ‘facebook or
Whatsapp, the new “god- goddess temple’. The modern technologies inclusive of
‘Internet of Things (IoT),’ powered toys from ‘digital assistant’ to ‘driverless automated
cars’ with ‘artificial intelligences’ drew us inexorably into their clutches. Every appliance
(domestic or commercial), laptop to tab and mobiles is ‘digitally enabled and internet
based’. That is not just ‘a device or appliance’ but a ‘cyber criminal weapon’ for the
perpetrators.
The ‘demonetization’ and ‘digital India campaign’, transformed India into ‘digital or
smart’. It is not just about use of ‘digital or online transaction’ but also posed the threat of
misuse of it. According to the recent report of “The Economic times” on Nov. o3, 2017
E-edition–
“The trending Cyber crimes have not only risen in numbers but also in the
sophistication”. The perpetrators now from ‘attacks on individuals or business’, starts
targeting the ‘repositories of data’. Presently we can place ‘financial frauds’, including
‘credit and debit card frauds’, at the top of cyber crimes. ‘Data’ is collected from calls
or emails including name, date of birth, card details, and PIN numbers etc., which are
then used to siphon off money. Some instances arise through viruses spread through
emails or infected ads, sites, photos or even videos online and thereafter using the
gateway provided by a user to steal details and data. These are basic methodologies. The
larger the prize, the more the methodologies evolve”.8
Further “Every business (small and big), is somehow affected by- Corporate espionage,
data theft, hacking and virus attacks etc. Crimes against individuals abound with revenge
porn being an unfortunately popular one – this is when couples break up and one of them

8
Cyber security: Cyber Laws Part I: How internet has become a crime scene: The Economics times on
Nov. o3, 2017: https://economictimes.indiatimes.com/tech/internet/no-one-is-safe-how-internet-has-
become-a-playground-for-cyber-criminals/articleshow/61418856.cms, last visited on Jan 12, 2018.
posts personal videos or images online. Cases of morphing faces easily available on
social media sites like Facebook onto nude pictures to shame the victim have resulted
even in loss of life. These crimes do not cost anything with mobile phones and internet
connections being commonplace”. 9
2.8 Cyber Psychology and Cyber victimization:
The ‘E-social communication technologies’ in cyber space’ combined with ‘relative
anonymity of cyberspace’, which create favorable conditions for users to experience
‘fewer behavioral inhibitions’ than in “Real Life (RL) or Face-To-Face (f2f)” situations.
Basically on ‘Cyber space’ or ‘virtual world’ the altered state of consciousness in shown.
The positive psychological ‘online dis- inhibition effect’ on user behavior is ‘exhibited
with extraordinary kindness or nobility’. Usually, the user doesn’t feel hesitation in
expressing the things which he hesitates in expressing in real life. And the negative effect
is- ‘users may communicate more objectionable needs and desires with others’. It very
strange to know that- ‘user may not have time to communicate in real life but, having a
lot of time to spend frequently on virtual world’.
The ‘Cyber Space’ transcends the physical distances. The geographical border has
nothing to do with “citizenship” of the user. It brings the people near to them & develops
‘virtual world communities’. Usually all the technologies have ‘fair use’ and ‘misuse’,
possibilities and probabilities. Now ‘cyber space’ is more challenging, contesting, and
multifaceted. The abuse of ‘virtual world’ posed the threat of anonymity, hostility or
raising tragic emotions. The ‘virtuality’ principally depends upon technical expertise of
the user.
The ‘virtual relations’ of youngsters turned into a serious issue especially those which
occupied an important position in ‘social life’. The ‘happy relationships’ give confidence
& recognition, and ‘broken or unsuccessful relations’ confront a lot of aggression, stress
and anxiety. The personal exposure to “bullying and aggression” from the relations,
harms individual's emotional, social and psychological growth. The rapid growth of
‘information technology’ equipped the society, especially youngsters and teenagers,
possessed new advanced technology-based products like computers, tablet and mobile

9
Cyber security: Cyber Laws Part I: How internet has become a crime scene: The Economics times on
Nov. o3, 2017: https://economictimes.indiatimes.com/tech/internet/no-one-is-safe-how-internet-has-
become-a-playground-for-cyber-criminals/articleshow/61418856.cms, last visited on Jan 12, 2018
phones. Today we are facing problems of “cyber bullying behavior” a new form of
violence. “Cyber bullying behavior” mean– “violence which origin with the usage of
internet or mobile phone which is having the inclination towards hacking of personal
websites and destroying information by sending mail or other means”.10
The mounting navigation on ‘cyberspace’ especially on ‘social networking forum’ is new
emerging mode forcing the young victims to go in ‘peer aggression, depression and
anxiety’. The cyberspace provides a ‘social networking platform’ for interaction and
communication that may lead to peer “online victimization”.
The person can be victimized by two peer aggression, ‘overt’ and ‘relational aggression.
The ‘Overt aggression’ includes ‘physical & verbal forms of aggressive behaviors for e.g.
harassment by sending abusive or threatening e-messages, to the victims of overt
aggression. The ‘relational aggression’ is- ‘intentional manipulation of injury to social
status of victim or relationships for e.g. denigration; impersonation, outing/trickery, and
exclusion. It also includes the following type of behaviors like social exclusion, rumor
spreading, instigating interpersonal peer conflicts, and divulging personal information.
The male tends of being victim, more than females. The ‘cyber aggression techniques’
applied to the followings:
1. Harassment;
2. Denigration;
3. Impersonation;
4. Outing/Trickery; And
5. Exclusions.
Denigration involves the posting of embarrassing pictures, rumors, or personal
information on a ‘Web site’ about the victim.
Impersonation occurs when the aggressor attempts to manipulate the victim’s social
relationships by sending messages to others from the victim’s phone or e-mail/instant
messenger account.
Outing/trickery involves divulging personal, sensitive, or embarrassing information sent
in confidence in electronic format to unintended recipients.

10
“Cyber Bullying, Cyber Victimization and Psychological Symptoms: A Study In Adolescents” ,
“Cukurova University Faculty of Education Journal, Vol. 41, Issue 1, Page no. 53-59 ,
“http://egitim.cu.edu.tr/efdergi” last visited on May 6, 2018.
Exclusion involves purposely barring the victim’s entrance to an online social activity,
such as an online game or private chat room.
3 REASONS FOR CYBER VICTIMIZATION:
Reason and factors are some leading attributes towards the ‘cyber victimizations’. We
can conclude from the figure below showing illustrative points, which derived from
‘sociological, psychological, technological factors and computer knowledge’, that could
trigger cyber crimes and cyber victimizations. It is very fascinating to trace out the
following reasons in Image 3; those are leading to ‘cyber victimization’:

Image 3
11

4 ATTRIBUTES OF CYBER VICTIMIZATIONS:


Cyber victimization has various illustrative attributes. The ‘person’ cannot expect himself
safe and secure even after taking due care and cautions because ‘cyber space’ is a
dynamic world. The new inventions and technology take place without any pause. Even
from ‘technical experts’ or ‘technocrat, we cannot expect them updated with
‘technological advancements’ moment by moment. That may certainly lead to the ‘cyber
victimization’. Here below there are some illustrative attributes of “cyber victimizations”:
4.1 Cyber Harassment and Cyber Victimization:

11
Indian Women at Risk in the Cyber Space: A Conceptual Model of Reasons of Victimization,
http://www.cybercrimejournal.com/sahasrivastavatalijcc2014vol8issue1.pdf, last accessed on Nov. 12,
2017.
The ‘world wide web (www)’ is approachable to all the ‘digital citizens’. Internet can be
used for extracting or exploring information and research etc. ‘Cyber Harassment’ or
‘online harassment’ not identical with “physical harassment”. Some time it is very
difficult to detect & only the person possessing the same or greater level of skill can
prove when ‘cyber harassment occurs”. The internet plays a vital role in ‘Cyber
Harassment’, or we can also take it as ‘harassment launcher weapon’ for unsolicited
advances, various forms of communication or interaction with another person.
4.1.1 Denotation of Cyber Harassment:
‘Cyber harassment’ is one of the forms of ‘harassment’. It is ‘harassment’ which occurs
through ‘electronic means of communication’ including e-mail, computer, laptop, tablet,
mobile phones etc., with the use of internet. The ‘cyber victims’, complained about
various ‘negative reactions’ including angriness, sadness in addition with it.
4.1.2 Definition of ‘Cyber Harassment’/ ‘Online Harassment’:
‘Cyber harassment’ means and includes:
“Harassment by e-mail, text messages on the internet. It can of any forms, including but
not in limited sense to:
Unwanted sexually explicit emails, text (or online) messages, Inappropriate or offensive
advances on social networking websites or internet chat rooms, Threats of physical
and/or sexual violence by email, text (or online) messages, Hate speech, meaning
language that denigrates, insults, threatens or targets an individual based on her identity
(gender) and other traits (such as sexual orientation or disability)”.12
4.1.3 Core contents of ‘Online harassment’:
The perpetrator of ‘Cyber Harassment’, or sometimes ‘Stalker’ engages in four types of
core activities.
1. To exploitation of networked tool to terrorize the victims. It directly and
unambiguously threatens physical violence, causing fear and intimidation that
interferes with victims’ daily lives. They impersonate victims in online ads and social

12
“Cyber Harassment”,” http://eige.europa.eu/rdc/thesaurus/terms/1486”, last visited on May 07, 2018.
networks, suggesting their interest in sex and at times listing their contact
information.
2. The perpetrator does what they can to hijack people's careers and reputations. They
post reputation-harming lies about victims (accusing them of having herpes, AIDS,
and criminal records, for instance). They engage in practices to ensure that reputation-
harming posts appear prominently in searches of victims' names. They send the
defamatory lies to employers. They file false abuse reports in the hopes that platforms
will shut down victims' sites.
3. To invade victims' privacy, often by posting victims' nude photos in violation of their
trust and confidence and by exposing their social security numbers.
4. The perpetrator use technology to force victim’s offline. Distributed-denial-of-service
attacks knock victims' sites offline for hours, for instance”.13
4.1.3 “Cyber Harassment” and other associated forms of harassment:
Sometimes ‘Cyber bullying’, ‘Cyber stalking’ etc. committed with ‘Cyber harassment’,
that might be confusing. Practically these terms are types or forms of ‘Cyber harassment’.
‘Cyber stalking’ becomes ‘harassment’, when the victims “virtual activities” are watched
online by ‘stalking’. The ‘stalker’ conceals or intentionally hide himself from being
exposed or prevent his identity being disclosed but want the ‘victim’ to realize the
presence of stalker and whatever he is doing is being watched online by other. It is such a
conduct of ‘stalker’ which ‘target the victim’ and causing that person to be scared, annoy
and fear to the victims ‘physical safety’. It can be done to any person of any age group or
group.
Further in ‘Cyber harassment’ and ‘Cyber bullying’, the difference lies in the “age of
perpetrator”. The bullying is the offence that is committed against teenagers. The term
“cyber bullying”, is related with “unsolicited communication or activities related to
stalking any minor”. The term ‘Cyber harassment’ is used when, there is involvement of
“adults”. Further ‘Cyber harassment’ of women’ comes under the heading of “gender
harassment”. All of above heads will be discussed under “separate headings” in this
chapter.

13
“Defining Online Harassment”, “https://www.forbes.com/sites/daniellecitron/2014/10/23/defining-
online-harassment/#537b2d3228de”, last visited on May 07, 2018.
4.1.4 Categories of “Cyber Harassment”:
Broadly ‘Cyber harassment’ is of two types- “Direct Harassment and Indirect
Harassment”. Direct Harassment related with ‘overt aggression’, inclusive of ‘verbal and
physical insults’. And Indirect Harassment refers to ‘relational aggression including
excluding someone from any activity and propagating rumors etc. Followings are the
categories of “Cyber Harassment”:
4.1.4.1 Hateful Speeches: It includes the prevention of “hateful speeches” against a
particular person, race, caste, and religion, race of political party, organization or
Government, understand as “cyber bullying”. There is a thin-line difference between
‘the freedom of speech and expression’ and ‘promotion of hate or feeling of
disharmony or disturbing public peace and tranquility’.
4.1.4.2 Obscenity or pornography stuffs:
Cyber harassment can be done by sending obscene or lascivious contents or sending
link of pornographic contents or website or obscene or pornography contents in any
form like in text form, sign, symbol, video, mage or graphics.
4.1.4.3 Tendency of “self harm’ and suicidal attempts:
Now the trends of “online suicide attempt & self harm through social networking media
is trending in ‘virtual world’. Further it includes promotion of prohibited drugs, cutting
of self body parts.
4.1.4.4 Harassment by violation of IP Rights:
This phenomenon is very common now days. The intellectual property rights protect
‘Physical IPR’ as well as ‘Virtual IPR’. If someone need or require the information is
required to take prior permission or science from the ‘IPR holder’. But the penetrator
‘directly steal’ the matter & projecting himself as ‘originator’ of work.
4.1.4.5 Cyber Impersonation or Theft of Identification:
It is also known as ‘ID theft’. It means when someone obtain an ‘ID and password’ and
project himself as “You” and use that for personal use to gain access to Bank account,
Credit cards information & other financial information etc.

4.1.4.6 “Cyber bullying”:


It includes constantly harassing through “digital devices”. It also carried “insulting a
person”. This “inseparable behavior on “virtual world” especially ‘social media’ and
sometimes also take the person in position to ‘commit suicide’ or self harm.
4.1.5 Modes of Cyber Harassment:
There are various modes of ‘cyber harassment’. Those are as following:
1. Unwanted posts and comments on social media sites.
2. E-messages and mails
3. Text or instant text through e-ways
4. Graphical images & posts targeted at victim
5 Instant messaging14
4.1.6 Prevention of ‘Cyber Harassment’:
The ‘Cyber Harassment’ can be preventing by taking the following steps and precautions:
Report to the Authorities about sopping messages or issues related with
1.
internet crimes etc.
Personalize accounts with taking of steps & precautions regarding safety
2.
measures.
Avoid revealing information on ‘system update’ on ‘social networking
3.
websites’ or chat groups.
Avoid to ‘disclosure of full information on “about page” of ‘social networking
4. websites’. If someone needs that information, that can be communicated
through phone call.
5. Avoid to “add strangers” in friends list.
Don’t open “fake account mails or messages”, that might be used for Cyber
6.
harassment or stalking.
7. Avoid initiating contact with ‘unknown person’.

4.2 Cyber victimization through “Virtual Stalking”:


‘Cyber stalking’ or ‘virtual harassment’ is form of harassment. ‘Cyber stalking’ means:
“Virtually or online perusal of someone repeatedly despite of disinterest shown by
victim”.
Its violation of privacy of person, because every movement of the victim is under
surveillance, which disrupt the victim’s life & put him in a miserable state, fear, anxiety,
stress and depression. It generally involves- by sending emails, instant text messages,

14
Types of Cyber Harassment, https://dialanerd.co.za/types-cyber-harassment?, last visited on May 08, 2018.
post on e-wall or e- page, even by developing site, web page, false mail ID specifically
made for this purpose.
The crime scene taken place on ‘internet’ including at victim’s work place, home and it
includes indication of ‘stacker’ by sign, symbol, image, graphic or concluding from code
or text, e- messages or circumstances. Generally, the target of ‘stacker’ is women. The
stacker need not to leave home, harass target without physical presence, without any fear
or any violence.
4.2.1 Definition of ‘Cyber stalking’:
“Cyber stalking involves using electronic means, including the internet, to stalk or
harass a person or group of people. Cyber stalking can include many things including
threats, solicitation for sex, false accusations, defamation, slander, libel, identity theft,
and vandalism. It is often used in conjunction with offline stalking, as both are an
expression of a desire to control, intimidate, of manipulate a victim. A cyber stalker may
be someone the victim is familiar with, or a stranger, and is a criminal offence”.15
4.2.2 Outlines of ‘Cyber stalking’:
‘Cyber stalking’ is different from physical form of ‘stalking’. But it might be both in a
single act. Generally, the reason for stalking is- anger, revenge, fear, intimidation and
threat. The ‘Cyber stalking’ can be of following types:

1. Harassment of victim.
2. Put victim in isolation by harassment of his relations and family.
Hijacking of all financial control over bank accounts or using credit card for
3.
own use. Humiliations and embarrassment to the victim.
4. Using of ‘scare tactics and threats’ to frighten the victim.
‘Stalking’ is an “emotional assault”. It is also used to refer ‘cyber bullying’, the ‘super hi-
tech’mode of inflicting injury to victim.
4.2.3 Who is Stalker?
The type of ‘stalker’ depends upon the activities or type of ‘stalking’ him. ‘Stalker’ can
be of three types:
4.2.3.1 ‘Obsession natured’ Cyber stalker:

15
Cyber stalking- Definitions- Examples- Case Processes, https://legaldictionary.net/”Cyber stalking”/,

last visited on May 08, 2018.


He doesn’t want to believe the reality of ‘break-up’ of relationship. He may or may not
be harmful in ‘relationship’.
4.2.3.2 Cyber ‘delusional Stalker’:
Generally suffering from ‘mental disorder just like ‘schizophrenia’, that is under a false
belief of being tied with victim. He is under impression that ‘victim loves him, even he
never met yet physically’. The perpetrator is oftenly alone & target married women-
men, doctor, celebrities, teachers etc.
4.2.3.3 Cyber Vengeful Stacker:
The perpetrator angry with victim for tiny reasons, that may be ‘imaginary or actual’
for e.g. expelled employee, he himself feel victimized or ex- partner in business or
broken marriages etc.
4.2.4 Occurring of ‘Cyber stalking’:
It can be occurring online or sometimes offline like when stalker attempts to trace
address or contact number.
4.2.5 Recognition of ‘Cyber stalking’:
Sometimes it is difficult for the victim to trace out this offence or having knowledge of
his being victimized, which is required to be reported to authorities. ‘Stalking’ is an
obsession and repetitive act, which even continued despite of warning. We can identify
the ‘cyber stalking’ by:
4.2.5.1 Malicious accusations and prosecutions:
To spoil the image or reputation of victim, the perpetrator keeps posting on WebPages,
blogs or social networking media’s. Evan that can be done with false Id, Web page or
group I form of false incidents and rumors.

4.2.5.2 Collecting information of victim:


The ‘cyber stalker’ collects the information about victim from his relations and families
or friends.
4.5.2.3 Supervising actions of victim:
The “cyber stalker” made efforts to obtain IP address of victim, hacking of mail ID and
password, keep watch over emails or online movement of victim.
4.5.2.4 Instigating other for harassment of victim:
The offender instigates other to harass the victim.
4.5.2.5 Counterfeit victimization:
The perpetrator claiming himself to be harassed by victim and claiming to self
victimized.
4.2.6 Stimulation for “cyber stalker”:
1. Gender based sexual harassment
2. Obsession for love
3. Attitude of taking revenge & execution of hatred feelings.
4. Satisfaction of self ego go and empowerment trips16
The first reported case of ‘cyber harassment’ is of ‘Manish Kathuria’, who was arrested
by Delhi Police for the charge of stalking ‘Ms. Ritu Kohli’ through illegal chat by using
her name in vulgar and obnoxious language. He also advertises her address and contact
details with open invitation to other to contact her. Then the victims received various
obscene calls. She reported the matter to Delhi police which traced the accused and
booked under Sec. 509 of Indian penal Code, 1860.
4.3 Cyber victimization and ‘Cyber bullying’:
The term “Cyber bullying” is discovered by Canadian Educator, Bill Besley. As it
aforesaid in Heading of ‘Cyber stalking’, there is no any difference between ‘Cyber
stalking’ and ‘Cyber bullying’. The only difference lies in the ‘age of perpetrator’. When
an adolescent commits the offence of ‘cyber stalking’, we can term it ‘cyber bulling’ all
because of age factor.
4.3.1 Meaning of ‘Cyber bullying’:
‘Cyber bullying’ means-“When internet is used to send messages of intimidating or
threatening nature to embarrassing other person. It could be might be a text,
electronic mail, blog, comment e-mail, message, or post on wall or web page
online”.
4.3.2 Definition of Cyber bullying:
It includes all the elements of ‘physical bullying’, only the ‘mean used’ is “internet
in addition to it. The definition of ‘Cyber bullying’ says:

16
http://www.indianchild.com/” Cyber stalking”.htm. last visited on May 11, 2018.
“Cyber bullying means systematically and chronically inflicting virtual hurt or
psychological distress on one or more person. It includes unwanted and repeated written,
verbal, or physical behavior or any threatening, insulting, or dehumanizing gesture, by a
student or adult, that is severe or pervasive enough to create an intimidating, hostile, or
offensive educational environment; cause discomfort or humiliation; or unreasonably
interfere with the individual’s school performance or participation; and may involve but
is not limited to: teasing, social exclusion, threat, intimidation, stalking, physical
violence, theft, sexual, religious, or racial harassment, public humiliation, or destruction
of property”. 17
4.3.3 Modes of ‘Cyber bullying’:
 Sending offensive or humiliating content.
 Stealing passwords, Id theft, account hacking.
 Posting obscene comments and massages on internet.
 Developing fake web page or web site, virtual personation
 Posing threat for the commission of violence.
 Cyber Stalking through calls, messages.
 Posing threats of pornographic contents.
 Defamation
 Gaming up on victim etc.
A bully can be familiar or even stranger. The main intention for ‘cyber bullying’ is to
harass the victim.

4.3.4 Reasons for ‘Cyber bullying’:


Now bullying is not restricted up to school premises. Due to the advancement of
technology it is expanded to ‘cyber space’ and beyond the boundaries of school. Among
the reason there are so many physical, psychological or social factors contributing in
Anger Entertainment Revenge Frustration Jealous
Popularity Annoyance Lowering Higher Ego satisfaction
down Status
4.3.5 Blue Whale, A reported suicide game, with less than a happy ending:
17
“Anti-bullying laws in India” Bar Association of India, 2015, https://www.indianbarassociation.org/wp-
content/uploads/2015/11/Anti-bullying-laws-in-India.pdf., last accessed on 16 April, 2017.
Blue whale game is a new horizon of “cyber bullying”. According to the “IPSOS” survey
report in 2014, India is in top list of ‘cyber bullying’ countries out of 254. About 32
percent of Indian parents admitted of their children being victimized of ‘cyber bullying’.
It was a game which was infect not in physical existence but was hidden in virtual world.
It was an ‘Imagine being trapped in a world with no escape’. The victim’s life made for
lasts 50 days, ending with taking his own life.

With the Blue Whale Challenge, newest suicide game, conducted primarily through
social media platforms such as Facebook, Instagram, and Twitter. The victim enters a
new world of ‘Jumanji’ -except this game, there is no happy return. The Blue Whale
Challenge is today's the game lasts for a total of 50 days, presenting the player with daily
tasks. Similar to an act of "beaching" that blue whales do on their own accord, for reasons
unknown, the meaning behind this game falls under similar logic. It is one of the ocean's
great mysteries as to why some blue whales beach themselves, causing them to die”18.
4.3.6 Legal Remedies under Cyber Laws:
Cyber bullying offence is punished under the head of ‘Stalking’ in India Penal Code,
1860. India has no specific legislation relating to ‘cyber bullying’ to deal with.
Sec. 66A: It provides remedies against sending of ‘offensive messages’ with
1. communication devices which includes causing insult, enmity, danger, annoy
feeling of hatred etc.
Sec. 66C: It providers remedy against ‘ID theft’ of a person who use account
2.
without knowledge or consent of the account owner.
Sec. 66D: It provides cheating by personation with the use of communication
3.
devices or computer resources.
Sec. 67: This provision provides punishment for publishing or transmitting of
4.
“pornographic or obscene content”.
Sec. 67A: It provides the remedy against transmitting ‘material containing an
5.
sexually explicit act.
Simultaneously Indian penal Code, 1860 also provides ‘punishment for
6.
stalking, bullying and other associated offences.
7. Sec. 354A: It provides punishment for ‘sexual harassment’.
8. Sec. 354D: It punishes the offence of ‘stalking’.

18
Cyber bullying taken to a whole new level enters the blue whale challenge,
https://www.forbes.com/sites/andrewrossow/2018/02/28/cyberbullying-taken-to-a-whole-new-level-enter-
the-blue-whale-challenge/#cb799f72673e , last visited on May 07, 2018.
Sec. 378: It provides punishment for theft which can be used for the
9. punishment of ‘ID theft’ because it is within the definition of ‘movable
property.
10. Sec. 416 & 419: It punishes ‘cheating by personation’.
Sec. 500: It provides punishment of ‘defamation’ which also includes
11.
‘defamation by e- means’.
Sec. 503& 506: Punishment for criminal intimidation or threat to commit any
12.
offence to person or property includes posing of threat through e- means etc.
4.3.6 Anti bullying Laws for Educational Institutions:
‘Human Resource Department of India’ in year 2015, gives direction to ‘Central Board of
School Education (CBSE)’ for the constitution of “Anti Ragging Committees at school
level (Public or Private)’. In was observed in case of “University of Kerala vs. Council,
Principal’s Colleges, Kerala & others (2011 14 SCC 357)”:
“Now the Question arises, why should the Indian penal laws not apply to a school? You
may say that the school boys are only in late teens but do not forget that there are several
19
crimes in various cities including murders which are committed by teenagers today”
Further according to the report submitted by “Raghvan Committee” that “School
principal and teachers should be liable for the incidents of bullying taken place in school
premises”.
University Grants Commission (UGC) of India, issued “anti ragging guidelines” to be
followed by all the universities in India.
4.4 ‘Virtual and Sexual Harassment of Women’ and ‘Cyber victimization’:
The security and privacy of person is always at priority of even in development and
spread of technology. The information technology posed two major threats, first to the
‘information security including ‘sharing of personal information’ and ‘safety of the most
vulnerable person of thing including- safety of women in cyber space.
Harassment can be committed against any “person”. The term “person” includes:

Person

Men Women Children Organization

19
All you need to know about Anti-Bullying laws in India, https://blog.ipleaders.in/anti-bullying-laws/, last
visited on May 10, 2018.
Recently ‘cyber crime’ against women has been tremendously increased in Cyber space.
The perpetrator try to ‘harass’ women by various modes including:
1. Sending Obscene Stuffs
2. Vulgar Text by instant massage, text or email
3. Stalking women by using chat room or other equitant platform
4. Social Networking Media (SNW’s) etc.

Further it includes ‘convenience a woman through any of the above modes to come in
compromising position’, which generally against her consent. The perpetrator hurt for the
victim in ‘cyber space’ through social networking media’s (SNW) with fake IDs &
profiles or under the pretext of job, marriage any other favor. The ‘Sexual or virtual’
harassment can be explained in the below diagram:
SEXUAL
HARASSMENT

Physical Virtual

Verbal Graphical

Passive
Active

The “actual or virtual” sexual harassment can be by sending text massages, mail, videos,
clips, images, sign or symbol etc. One new mode of ‘sexual harassment’ is “online
sexual coercion”. In some cases the perpetrator even, convenience a women of ‘being
nude’ on web camera, then record those moments and starts blackmailing her. These
circumstances in few cases compelled her to cause ‘self harm and suicide’.
4.4.1 The “virtual addiction” and “sexual communications:
The “virtual addiction” and opportunities for “sexual communications is also an
important aspect of “sexual or virtual harassment. The ‘virtual addiction’ includes five
types of obsessions in which ‘websites’ are watched for ‘sexual attraction and for the
following obsessions:
1. Cyber Sex
2. Cyber Pornography/ Picture library
3. Involvement in “virtual relationship”
4. Online shopping & trading
5. Net surfing & computer playing games.
According to Griffiths (2010):
“the medium being anonymous, people engage in behavior that they would do only over
the internet. Some people who are addicted to internet are mainly engaged in: … text-
based virtual realities and take on other social personas and social identities as a way of
making them feel good about themselves. In such cases, the medium of the internet may
provide an alternative reality to the user and allow them feelings of immersion and
anonymity, feelings that may lead to an altered state of consciousness for the user
(Griffiths, 2010, p. 465)”.20
The Internet has given both opportunities of use and misuse of resources. Again
According to Griffiths (1999), three types of ‘virtual relationship’ are trending through
internet.
“The First type of relation is generally between people, who never meet and enjoys
sexual talk over net. This kind of relationship is normally short lived and the cyber
partners may even have real life spouse. They most of the time do not consider the online
sexual relationship as being disloyal to their spouses.
The second type involves people, who meet over net, but ultimately wants to maintain
their relationship offline by meeting, exchanging letters, gifts etc.
The third type of online relationship engages people, who also get connected through
internet, but maintain their relationship online for years only because they may be
separated from each other owing to their belonging to different countries and can meet
very rare. This type of relationship is most difficult to maintain because the two people
must have the ability to afford their relationship on monetary grounds”.21
4.4.2 Reasons for women’s ‘Cyber victimization’:
20
Indian Women at Risk in the Cyber Space A Conceptual Model of Reasons of Victimization,
http://www.cybercrimejournal.com/sahasrivastavatalijcc2014vol8issue1.pdf, last accessed on Nov. 12,
2017.
21
Indian Women at Risk in the Cyber Space A Conceptual Model of Reasons of Victimization,
http://www.cybercrimejournal.com/sahasrivastavatalijcc2014vol8issue1.pdf, last accessed on Nov. 12,
2017.
Women are less aware of ‘privacy policies & safety measures’. This is equally applicable
over both genders. Further online harassment leads to “social harassment”. Women use
internet to communicate other about their sufferings by hiding their identity.
According to report of NGO , ‘Centre for Cyber victim Counseling (CCVC)’- “about 90
percent of female internet users and among these ‘techno savvy’ use ‘social networking
websites’ for ‘hanging out in “virtual world”.22
This ‘virtual harassment’ leads to ‘actual mental harassment’. The following are the
reasons for ‘cyber victimization’:
Filling of sociological, psychological and computer knowledge gap through
1.
social networking websites.
2. Identity crisis & emotional exploitation.
3. Depression & feeling of loneliness
4. Partial knowledge of computer & technology
Not taking safety or precautionary measures for using facebook, whatapp,
5.
Orkut & also lack of knowledge of tracing cookies, virus, spyware etc.
6. Enjoyment and entertainment.
Sociological perspective including frustration & victimization by
7.
“patriarchal society.
4.5 Violation of ‘right to privacy’ and cyber victimization:
The advancement in ‘Information Technology’ especially in ‘internet’, and
communication devices, posed a serious threat to ‘physical as well as virtual privacy’ in
cyber space. It advanced serious challenge to Indian Govt., Organizations, policy makers
& entities. The Information technology is passed to deal with this issue. Further ‘IT
Amendment Act, 2008’ includes related provision to deal with ‘cyber privacy’ & liability
and punished to the ‘violator’ and ‘intermediaries’.
The new type of ‘PII (Personal Identifiable Information) is efforts to get rid of the fear of
‘privacy intrusion’. Further invention of ‘biometrics’ such as ‘iris’ scanning, DNA
profiling, study of finger prints is introduced in digital era. But simultaneously it also
creates the fear of ‘storage and accession’ of digital data because all organization’s
information data base is dependent over ‘digital data base’. The ‘world wide web’
endangers the ‘privacy rights’ of a person’s personal data & identification. The increased

22
Halder, D., & Jaishankar, K. (2011a). Cyber Gender Harassment and Secondary
Victimization: A Comparative Analysis of US, UK and India. Victims and Offenders,
6(4), 386-398. doi: 10.1080/15564886.2011.607402.
storage capacity, mobile apps & technology is also a biggest challenge which is used as
‘weapon’ for intruding privacy of other.
The ‘freedom of information’ and removal of all hurdles in accession of information
through internet enabled devices including computer, mobiles, tablet etc. attached to a
‘unique IP address’ which can trace by ‘cyber investigator’. But ‘open wifi’, stolen
mobiles and changing of ‘IP address’ provide, ‘escape’ to the perpetrators.
Though we have laws to deal with privacy issues, but it’s also our responsibility, to ‘not
to share excess personal information’ on internet. Indian share ‘personal data’ over
‘Social Networking Websites (SNWs), matrimonial sites & other web sources without
taking care of ‘precautionary measures’ of ‘digital hygiene’. Whatever we share on the
internet can be accessed anywhere in the world. To prevent the ‘cyber victimization’ we
should also restrain & refrain ourselves in ‘sharing personal information despite of
passing new laws.
4.5.1 Meaning of Privacy:
The Constitution of India under Ar. 21 gives ‘right to life’ which includes ‘right to live
with human dignity’ further which is inclusive of ‘right to privacy’ and prohibition of
intrusion by others.
“Privacy may be defined as the claim of individuals, groups or institutions to determine
when, how and to what extent information about them is communicated to others”
(Westin AF, Privacy and Freedom, 1967, page 7).
It also means, ‘right to be let alone’. Every human needs some space for “personal
isolation” for life and liberty. ‘Right to privacy’ also means exclusion of other to intrude
upon ‘privacy & protection in life, marital life, family, procreation, health and other
matters. ‘Breach of privacy’ may lead to ‘defamation’, loss of reputation and trauma of
insecurity & revenge.
4.5.2 Types of Privacy:
Broadly Privacy can be divided in three types namely Personal Privacy, Informational
Privacy and Organizational Privacy.
4.5.2.1 Personal Privacy:
It means bodily or physical privacy or protection from intrusion on modesty. A person
can go any extent for the protection of ‘modesty’. Indian Penal Code 1860, after
amendment of 2013 includes various offence like Voyeurism, Stalking, acid attack,
rape, gang-rape, outraging the modesty including prevention from sexual harassment
etc. “Intrusion” includes:
1. “preventing intimate acts or hiding one's body from others for the purpose of
modesty; apart from being dressed this can be achieved by walls, fences, privacy
screens, cathedral glass, partitions between urinals, by being far away from others,
on a bed by a bed sheet or a blanket, when changing clothes by a towel, etc.; to
what extent these measures also prevent acts being heard varies.
2. video, of aptly named graphic, or intimate, acts, behaviors or body parts
3. preventing unwelcome searching of one's personal possessions
4. preventing unauthorized access to one's home or vehicle
5. medical privacy, the right to make fundamental medical decisions without
governmental coercion or third-party review, most widely applied to questions of
contraception”.
4.5.2.2 Informational Privacy:
It includes privacy related to ‘data and information’ without any encroachment by
other. ‘Data and Information’ includes information regarding data of birth, address
details, contact information, personal financial details. The privacy issue arises in
‘collection sharing and storation of personal data & information’. Recently there is hike
in ‘data leak case, which makes all the uses ‘cyber victims’ by single intrusion process.
Here below is some illustrative case of ‘violation of data privay’.

4.5.2.3 Organizational Privacy:


It means when any organization keep secret or information confidential, is known as
organizational privacy. Like Army Data, Secret formula of product, internal statistics of
information to prevent for public or competitors etc.
4.5.3 Privacy and Internet:
The internet use as a weapon for ‘data invasion’ from all over the world. Whatever we
share on internet that can be controlled, restrict of misuse by any person from any
country. It includes sharing of photos, data, ideas can be misused, altered or morphed.
Further whenever and wherever we use the internet, we leave invisible digital foot prints,
digital traces and cookies etc. The ‘cyber victimization’ can be made through mobiles,
which is an emerging threat to protection of privacy.
4.5.4 “Fight back strategies” for ‘Cyber victimization’ through privacy violation:
To prevent and punish ‘violation of internet privacy we have the following provision in
‘Information Technology Act, 2000’ and ‘Indian Penal Code, 1860’:
The IT Act, Amendment Act, 2008 regulates ‘cyber space’ by providing rules and regulations .
Sec. 43A: It provides compensation for failure to protect data dealing by corporate
1.
etc
2. Sec. 66E: It is the only provision which provides punishment for violation of privacy.
Sec. 72: It punishes breach of confidentiality and privacy of access to data, record
3.
and book etc. in e- form.
4. Sec. 72A: It punishes the disclosure of information in violation of lawful contracts.
The provisions of ‘Indian Penal Code, 1860’, provides punishment for violation of privacy:
Sec. 292: punishment for sale of obscene stuffs, Sec. 447: It punishes criminal
1. trespass, Sec. 509: punishes acts of outraging the modesty of women, Sec. 500:
Imprisonment for defamation.
Sec. 354A: It provides punishment for sexual harassment, Sec. 354B: It punishes act
2.
of disrobing a woman,
3. Sec. 354D: provides imprisonment for stalking,
4. Sec. 354A: It punishes voyeurism etc.
Sec. 376 and allied provisions for sexual assault or rape in violation of ‘personal
5.
privacy’ punished in.
**As of now Criminal law amendment Act, 2018 is pending for the parliament to pass,
which provides severe punishment or capital punishment in case of rape victim in is
below 12 years of age.
4.6 “Virtual Defamation and “Cyber victimization”:
A person can be “victimized” in cyber world also by ‘defamation’. The Cyber world can
used for sharing information and ideas without jurisdictional boundaries. This freedom
includes “freedom of information and data in any form”. No right is absolute in nature, it
is subject to reasonable restrictions. “Freedom of speech and expression” not includes
‘freedom of abuse or defamation’, though fair comments are allowed with in legal
parameters at any platform physical or virtual including newly emerged “social
networking media or websites etc.

Now the political parties also use these mediums to reach out to public for sharing views
and campaign. Bollywood stars and celebrities frequently facebook, Instagram and twitter
etc. for sharing their views, reaction and promotion, to connect to fans and well wishers.
Though it provides insightful knowledge but also gives goons who commit cyber
defamation.

4.6.1 Meaning of ‘Cyber Defamation’:

‘Cyber defamation’ can be classified two terms: ‘Cyber’ and ‘defamation’. Cyber means
‘cyber space’ where one person can connect with other through internet. ‘Defamation’
means intrudes upon the reputation of a person in eyes of other. That can be done by
using various means like by words (spoken or written), signs or symbols (visible or
otherwise). The components of defamation are as follows:

1. Causing Harm to the reputation

2. In front of another person


With use of words (spoken or written), sign symbol, actions or visible
3.
representations.
We can conclude that “if a person is defamed in the cyberspace, it can term as ‘cyber
defamation’ or ‘virtual defamation’. The basic objective of ‘cyber defamation' is to
harm or lowering down the reputation of the other person before others. The liability for
‘Cyber defamation in India is of two folds:

1. If the perpetrator is primary writer, mean a person who is writer of defamatory


content and published or publicize it in cyberspace.
2. Internet Service provider (ISPs).
4.6.2 Platform of “Cyber defamation”:
Social Networking websites (SNWs) Discussion forums
Blogs Emails
Web pages Instant massages physical or virtual.
Wall of Victim Tagging
4.6.3 Legal regime for ‘defamation’:
Indian Penal Code, 1860:
Sec. 499: It provides that “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 excepted,
to defame that person”. It includes the e- means for defamation.
Sec. 500: provides punishment for defamation
Sec. 469: It provides punishment for forgery, if anyone makes false document or fake
account to harm reputation or to defame a person.
Information Technology Act, 2000:
Sec. 66A: “This law has been struck down by the Supreme Court in the year 2015. This
section defined punishment for sending ‘offensive’ messages through a computer, mobile
or tablet. Since government did not clarify its stand on the word ‘offensive’, the
government started using it as a tool to repress freedom of speech. In 2015 the Supreme
Court quashed the whole section”. But we have other section to deal with this issue.23
The “Cyber Crime investigation cells” deal with crimes related to the computer,
computer network, computer resource, computer systems, computer devices and
Internet”.
4.7 Financial frauds and Cyber victimization:
India is a major financial hub for all over the world. The advancement of ‘Information
technology’ and ‘communication technologies’ have been accompanied with side effect
of unlawful activities. Various anonymous- hacking of servers, hijacking of websites,
emails and development of fake websites, are being used as a weapon for fraudulent
activities in cyber space by “cyber scammers”. Internet frauds in India are obvious form
of cyber offences which affects the global revolution. This form of “Financial Cyber
victimization” includes not only the involvement of large sums of money but also

23
Cyber Defamation in India, https://www.lawfarm.in/blogs/cyber-defamation-in-india , last visited on
May 09, 2018.
participation in ‘business proposals’ but it also includes victimization of romance, lottery
and of charity scams.
Prevention of “Cyber financial fraud victimization” requires the need for “cooperation at
international level” to prevent these illicit activities and protect Internet users. Though
new technologies are rapidly implemented, and regulations being adopted to eradicate
and prevent diverse forms of fraud, even then ‘cyberspace is also providing platform,
tools and requisite means which facilitate commission of these scams.
Generally, we talk about “computer fraud" but in reality, there is nothing like “computer
fraud”. It popularly it means: “fraud carried out using a mouse of computer rather than
traditional methods of paper and pen. The computer is simply the mechanism for
perpetrating the fraud”.
“Cyber frauds” has various modes and examples which includes- Cyber extortion,
Phishing, Debit or credit card fraud, Cyber stalking etc. Here below are some examples
of the cases related with modes of “cyber frauds”
“Cyber Extortion: An executive from Gujrat Ambuja Cement Ltd. played a mischief by
posing himself as a girl and various other entities and duped the Abu-Dhabi resident for
huge sums.
Phishing:
ICICI bank and CITI bank customers are send the un-solicitated e-mails and the sensitive
and personal information is collected by simple techniques.

Credit card fraud in India: 


Who says Indian Cyber Crimes are still in the Infancy? This is a man who penetrated the
E-commerce for his personal benefits.
Cyber Stalking:
This is a new concept that is being born on the Indian Horizons. First case is registered
for Cyber stalking but not under the Information Technology Act”.
India’s first Nigerian 419 Scam:
The advance fee fraud which is also termed as the Nigerian scam, where the chain letters
seeking help are send and the citizens of various nations are conned.
ATM Cards penetration in India:  
ATM card is the useful instrument in the era of computerization. All the banks are
running behind the ATM Networks but are they aware of the devils of the ATM cards”24
5 CYBER VICTIMIZATIONS AND PREVENTIVE ATTRIBUTES:
The Cyber victimization and preventive attributes include:
5.1 Cyber victimization and Social Responsibility (CVSR).
5.2 Maintaining ‘Digital Virginity’.
5.3 Digital Hygiene, A precautionary measure.
5.5 “Cyber Hypnotism” the root cause of cyber victimization.

5.1 "Cyber victimization and Social Responsibility (CVSR)25:


The “Cyber Victimization and Social Responsibility (CVSR)” is a form of “self- imposed
regulation” integrated to uphold social harmony and peace. “Cyber Victimization and
Social Responsibility (CVSR) policy functions as “built-in, self-regulating mechanism”
whereby “Internet service provider (ISP)” monitors and ensures its active compliance
with the spirit upholding rule of law, ethical standards, and international norms.
The basic objective of “Cyber Victimization and Social Responsibility (CVSR):
1. To secure the responsibility for Internet service provider’s (ISP) actions.
Maintaining and raise the dignity of “digital citizen” and “digital
2.
citizenship” without any compulsion.
Encourage a positive impact through its activities on the environment, users,
3. clients, communities, stakeholders and all other members working for public
good.
“Cyber Victimization and Social Responsibility (CVSR)” is to provide a safeguard from
‘being victimized’ from current cyber threats and also prepare themselves from future
threat to be posed as well as guide the user and subsidiaries to maintain the “global cyber
harmony” without outraging privacy laws, data or information mining and other related
issues. ISP must stand for and will uphold the rights of its consumers. There are various
kinds of strategies practiced and implemented by ISPs such as:
1. The consumer and society-based development strategies.
2. Benevolence
24
Cyber Fraud Resources India, http://indiaforensic.com/types_cyber_crimes.htm , last visited on May 09,
2018.
25
The term “Cyber Victimization and Social Responsibility (CVSR)” is coined by Shiv Raman. CVSR as a
Cyber term for all those initiatives that fix the liability and social responsibility of ISPs as a part of an
thesis on “Cyber crimes, issues challenges and strategies, research work carried out by me for furthering
the advances in cyber security and prevention of “Cyber victimization” in India. 
To incorporate “prevention of cyber victimization” strategies directly into
3.
service providing objectives of ISP’s.
Acquiring increased “corporate responsibility interest”, prominently known
4.
as “Creating Shared Value (CSV) etc.
CVSR exhibits social, environmental and ethical conscientious behavior in “governance
of its operations”, the ISP’s can promote value and long-term sustainability while making
cheering contribution for the welfare of “virtual community”.
5.1.1 “Internet Censorship, Cyber Victimization” and social responsibility”:
The ‘World wide web (Internet)’, is and always providing a space for ‘Cyber battle and
victimization’. It is used as a “double edged weapon” for the commission of almost all
‘cyber offences’. No one has controlled the launching of these ‘cyber weapon”, either for
attack or defence. The fundamental right under Indian Constitution, “Freedom of speech”
is not “freedom of abuse”. The ‘Intellectual freedom’, ‘freedom of access of
information’, ‘digital freedom’ is not inclusive of sharing or spreading restricted
information. Indian IPSs not providing ‘pre-filtration’ of information, without
verification of source of information. Some time that may lead in to ‘defamation’,
communal riots and violence due to spreading of ‘fake news’ or information.
Oftenly most of the ‘viral information, news, video, data or images’ trending on internet
are either fake or unverified but that may disturb public harmony, safety and tranquility
and made the community “cyber victimized”. The edited or photo-shopped also made a
person “cyber victim” which sometime even take the person to commit suicide. It is the
responsibility of ISPs, govt. and ‘all digital citizens’ to share the information with
responsibility, care and caution. We have no universal consensus on “mechanisms of
control” which are best suited for resolving conflicts of Internet. It is well understood
that: “Cyber censorship is optimism along with vigilance and constant strategies to
uphold ‘Cyber transparency of Internet’ that can stay as a force for protecting ‘digital
freedom’ a tool for more efficient domination”.
5.2 Maintaining and upholding ‘Digital Virginity’:
Maintaining of “Digital virginity” is the preventive measure for the future “cyber
victimization”. According to Urban dictionary, the meaning of ‘digital virginity’ is:
“The act of restoring your computer to its virgin state when you are leaving job and
want no one to steal intellectual property”.26
It is always a question of curiosity that “holding of information is born digital or made
digital?” and the real source of information. Now the question is what do we meant by
“digital”? Actually, this is a thing of which everyone in the “tech world” talks about, but
no one gets or hold it entirely. The word “Digital is like teenage sex- Everyone talks
about it, nobody really knows how to do it, and everyone thinks everyone else is doing it,
so everyone claims they are doing it”.27
5.2.1 Digital Virginity:
The creation of cultural ethics and policy inside organization, for maintaining ‘corporate
secrecy and confidentiality’. The bases of ‘digital virginity’ is ‘upholding formal and
informal values, behaviors, and beliefs etc. Generally, every organization shares their
vision, confidential data and information including ID and passwords. It is the duty of any
employee leaving the job to handover all the control and data to organization and further
not to use or misuse that information anywhere.
It is the duty of every ‘digital citizen’ to know: “how to use digital communications to
explore our networked society, how to build customer relationships in the digital and
actual world”.
If we realize the strength or significance of networking connection”, it’s not only about
social networking websites’ like ‘Facebook, Instagram, linked in or Twitter etc. It’s all
about ‘personal emotions’ that connect everyone and without digital platforms wouldn’t
relevance.
5.3 Digital Hygiene, A precautionary measure:
The implementation of “digital hygiene can prevent “cyber victimization” as
precautionary measures. The term “digital hygiene” in “Information Technology” is used
to denote significance of using ‘password protection and other preventive precautions’ to
keep password confidential. The ‘digital hygiene’ is necessary for the prevention of being
victim of “cyber victimization. The “digital hygiene” is used to prevent “digital
26
Definition Digital virginity, https://www.urbandictionary.com/define.php?term=Digital%20Virginity,
last accessed on April 01, 2018.
27
How we lost our digital virginity, https://medium.com/the-people-blog/how-we-lost-our-digital-virginity-
31a33552a6be, last accessed on May 01, 2018.
disasters”. Instead of “passing legislations and resolutions we can take certain initiative
to prevent digital disasters”28.
1. Reconsidering “Automatic updation of digital subscriptions”:
Many Digital service providers have scheme of “automatic renewal of their service
subscriptions facilities” after passing of due time. We should always take of these
policies of the service providers. We should be more vigilant by maintaining a “reminder
calendar” of due date of “renewal of subscriptions. By this if we don’t wish to continue
those services, we can remove those with in due time.
2. Maintain ‘password manager’:
The evil of “unethical hacking” of web page, website or blog or email ID is common
global phenomenon. It is well said that “prevention is better than cure. So prevent our
system, server or database, website, web page, ID etc. we should “maintain the
confidentiality of ID and passwords time to time by “changing password time to time.
And also avoid “same password” for all ID and logins because practically it is not
possible for the user to memorize multiple passwords without saving somewhere. In this
situation a good password manager can be a ‘digital disaster saver’.
3. Taking, maintaining and updating ‘databases’ regularly:
Majority of ‘digital citizens’ left their data, files and other important data in vulnerable
position. This negligent attitude put them in a very critical position, when they lost their
‘crucial data’ corrupted, misused or deleted by someone, virus attack or attacked by
malware. Regular “back up can be a time consuming and painful, but it is just like putting
lock on door and keeping our valuables in a bank. If our digital database is significant for
us then we should take back-up of all data on ‘cloud’ like Google drive or in external
hard disk or storage device”.
4. Reprocessing of E-waste and Electric Waste Management System (EWMS):
The old electronic devices breeze up in a landfill. This is a matter of global concern. The
old electronic junk contains “metals, sensitive hazardous materials. Till now universally
we don’t have “Electric Waste Management System (EWMS)”. Generally, we dispose-
off digital devices and equipments without wiping off the data stored on that or without
taking due care and caution, which can be misuse by the perpetrator sometimes. So, thing
28
Five simple steps to boost your digital hygiene in 2017, https://www.cio.com/article/3155093/consumer-
advice/5-simple-steps-to-boost-your-digital-hygiene-in-2017.html , last visited on Dec. 13, 2017.
required is to make a system of “disposal of e-waste with due care and cautions. Inspire
of “taking e-waste to recycler we can bring that waste to “Google electronics recycling”
for ethical disposal. Further If we relinquish mobile phone or desktop or laptop, tablet or
other storage device, be ensure of wiping- off the hard drives and personal data and data
bases.
The Strategy of “Hero, Hub and Hygiene”:
The “Google introduced a content strategy as a guideline for marketers who wanted to
build up a fan-share on YouTube. The web giant called it “hero, hub, hygiene,” referring
to the three types of content upon which this strategy is based. Although it was originally
intended to be used for video content, this applies to all types of content marketing in a
more general sense”.29

5.5 “Cyber Hypnotism” the root cause of cyber victimization:


‘Cyber hypnotism’ means: “hypnotizing people through internet by exploiting various
human weaknesses and emotional vulnerabilities in cyberspace) and related crimes of
persuasion including email fraud besides scare ware (a type of malware)”.30
It is significant to know that all the industries, governments and netizens are in not
protected in cyberspace, due to privacy diminishing, ID theft, E-frauds and violation of
intellectual property, that is ‘highly vulnerable’ and ‘soft-target’ for cyber perpetrators.
Taking lessons from present and past incidences, the perpetrators use the technique,
which is particularly connected with ‘cyber hypnotism’.
The meaning of “hypnotism” is “a wakeful state of focused attention and heightened
suggestibility, with diminished peripheral awareness, usually induced by a procedure

29
Content Strategy That Works: Hero, Hub, And Hygiene , http://www.digitalistmag.com/customer-
experience/2015/11/10/content-strategy-works-hero-hub-hygiene-03725709, last visited on Dec. 28, 2017.
30
Tracking Digital Footprints of Scareware to Thwart Cyber Hypnotism through Cyber Vigilantism in
Cyberspace, by Neelabh, BIJIT – 2012; July - December, 2012; Vol. 4 No. 2; ISSN 0973 – 5658
http://bvicam.ac.in/bjit/downloads/pdf/issue8/02.pdf , last accssed on March 18, 2018.
known as hypnotic induction, which is commonly composed of a long series of
preliminary instructions and suggestions”.31
It is in contradiction with a famous delusion that “hypnosis” is a type of
“unconsciousness, similarity with sleeping. “Malware”, means “a malicious code &
software (for instance viruses, Trojan horse, worms, key loggers, scare ware, spyware
etc.)”, Which is especially made for causing damage or disruption of a system irreparably
and to commit the theft of “personal information and contacts details” saved in database
in cache memory / records, by using hijacking techniques, the browser and to redirect to a
phishing. Eventually many ‘cyber-offences, prominently through “hypnotizing emails”,
those are generally tagged with malwares and warrant. Only a careful vigilance at
individual level can prevent “cyber victimization” besides the legal techniques of
prevention.
It is very strange that mostly cyber-crimes do not require a high level of technical
specification. It can be prevented with ‘due diligence’; nevertheless, sophisticated cyber-
crimes demand an altogether different approach. “Cyber Vigilantism”, as reflected in
those communication, is “a proactive policy to restrain the attackers in an ethical way
which prevents it in restricted manner instead of implementing a “soft policy of passive
reaction.” Finally, it will encourage ethical persons in their actions and discourage the
corrupt person in near future.
5.5.1 The fraud by electronic mails and cyber hypnotism:
In fact, “cyber-attacks” can be committed by two ways, firstly against data and database
and to steal or corrupt data and denial of services. Most cyber & other computer attacks
fall in it. Secondly by controlling other systems who wish to use computer as a tool to
facilitate unlawful activity.
6 CYBER VICTIMIZATION AND “VICTIM COMPENSATION SCHEME”:
It matters of great surprise that till now the definition of “victim”, “cyber victim, “cyber
victimization” or “perpetrator”, “hacker” and some other significant terms are not

31
Tracking Digital Footprints of Scareware to Thwart Cyber Hypnotism through Cyber Vigilantism in
Cyberspace, by Neelabh, BIJIT – 2012; July - December, 2012; Vol. 4 No. 2; ISSN 0973 – 5658
http://bvicam.ac.in/bjit/downloads/pdf/issue8/02.pdf , last accssed on March 18, 2018.
included or defined in any legislation related to “cyber crime” in India. According to
Code of criminal Procedure, 1973, “victim” means:
2(wa) “victim- means a person who has suffered any loss or injury caused by reason of
the act or omission for which the accused person has been charged and the expression
“victim” includes his or her guardian or legal heir”32
We can say victim is person against whom any offence is committed. The focus all the
criminal laws and offences is to provide ‘punishment’ to the accused, means on
“penalizing theory, but the law forgets the most vulnerable part of criminal justice system
i.e. “victim”, who suffers physical or mental trauma in his mind and life. Restoration of
‘victim” in his routine life should also be the object of law. We have “victim
compensation scheme” for victims of criminal offence in ‘Code of Criminal Procedure
1973 from Sec. 257. But this scheme is not applicable over “cyber victimization’ because
surprisingly “cyber victim” is not included in the definition of “victim”, which is not
justified. The “Information Technology Act, 2000” has not any “mechanism to deal with
this issue. Though we have some private NGOs and Organisation, which fight for the
justice, care and protection and providing compensation for “cyber victims’ from ‘cyber
criminals’. But in the absence of any legal parameter or mechanism, the laws provide
compensation in some cases, which may or may not be adequate sometimes. Now Indian
is need to include the above mentioned terms in legal framework and make “Cyber victim
Compensation Scheme (CVCS)”.

32
https://www.vakilno1.com/bareacts/crpc/criminal-procedure-code-1973.html#2_Definitions, Ins. by
Code of Criminal Procedure (Amendment) Act, 2008 (Act No. 5 of 2009, dt. 7.1.2009), last visited on May
10, 2018.

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