RAFFLES UNIVERSITY NEEMRANA

SCHOOL OF LAW

CYBER CRIME & CYBER LAW’S IN INDIA

Submitted To: Submitted By:

MR. ARUN VERMA Gaurav Gehlot

DEAN SCHOOL OF LAW B.A. L.L.B. (Hons.)

School of law 8th Semester

Raffles University Neemrana. Roll No: 17RU11007

 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher (MR. ARUN VERMA)
DEAN, School of law, raffles university who gave me the golden opportunity to do this
wonderful research Work on (CYBER CRIME & CYBER LAW’S IN INDIA) which also
helped me in doing a lot of Research and I came to know about so many new things I am really
thankful to them.

GAURAV GEHLOT

B.A.L.L.B. (HONS.)

8TH SEM.

17RU11007
ABSTRACT

As it’s know that this is the era where maximum of the things are thru usually over the internet
starting from online big business to the online deal. Meanwhile the web is considered as
universal stage, anybody can access the assets of the internet from anyplace. The internet
technology has been by means of by the rare people for criminal events like illegal access to
other’s network, swindles etc. These illegal crimes or the offense related to the internet is named
as cybercrime. In order to break or to penalize the cyber criminals the term named as Cyber Law
was familiarized. We can state cyber law as it is the chunk of the legal methods that deals with
the Internet, World Wide Web, and with the legal topics. It shields a wide area, surrounding
many subtopics as well as liberty of expressions, access to and use of the Internet, and online
security or online privacy. Generally, it is referred as the law of the web.

Keywords: Internet, Unauthorized access, Cybercrime, Cyber law, Cyberspace, Punish,

Network
INTRODUCTION

The brainchild of Computer has made the life of humans calmer, it has been using for several
purposes beginning from the individual to big organizations thru the globe. In simple term we
can term computer as the machine that can stock and operate/process data or instruction that are
trained by the user. Most computer handlers are using the computer for the specious purposes
either for their individual benefits or for other’s benefit since eras. This contributed for the birth
of Cybercrime. This has directed to the meeting in events which are unlawful to the society. We
can define Cybercrime as the crimes keen using mainframes or computer network and typically
gross over the cyber space chiefly the Internet. Now arises the term Cyber Law. It doesn’t have a
static definition, but in a humble term we can clear it as the law that rules the cyberspace. Cyber
laws are the laws that oversee cyber area. Cyber Crimes, digital and electronic signatures, data
securities and solitudes etc. are understood by the Cyber Law. The UN’s General Assembly
suggested the first IT Act of India which was grounded on the “United Nations Model Law on
Electronic Commerce” (UNCITRAL) Model.

OBJECTIVE

The main goal of our paper is to range the knowledge of the crimes or violations that take place
over and done with the internet or the cyberspace, alongside with the laws that are forced against
those wrongdoings and offenders. We are moreover trying to emphasis on the security in
cyberspace.

CYBER CRIME

Sussman and Heuston primarily projected the word “Cyber Crime” in the year 1995.
Cybercrime cannot be termed as a single definition, it is best well thought-out as a group of acts
or behaviors. These deeds are founded on the material crime object that disturbs the computer
data or structures. These are the prohibited acts where a digital device or material system is a tool
or a goal or it can be the mixture of both. The cybercrime is also identified as electronic crimes,
computer-related crimes, in elevation technology crime, data age crime etc. In simple word we
can explain “Cyber Crime” as a crime that takes place above electronic communications or data
systems. These sorts of crime are essentially the prohibited activities in which a processor and a
network are intricate. Due of the expansion of the internet, the sizes of the cybercrime
happenings are also growing because when binding a crime there is no longer a need for the
bodily present of the criminal. The rare characteristic of cybercrime is that the prey and the
criminal may never come into straight contact. Cybercriminals often choose to function from
countries with absence or weak cybercrime laws in order to cut the chances of finding and
examination. There is a saying amid the people that cybercrimes can only be stubborn over the
World Wide Web or the internet. In reality cybercrimes can also be resolute without ones
participation in the cyber space, it is not essential that the cybercriminal should persist existing
online. Software privacy can be used as an example the cybercrime is grown from Morris Worm
to the ransom ware. Many countries counting India are at work to terminate such corruptions or
outbreaks, but these attacks are endlessly changing and disturbing our nation.

History of Cyber Crime

The first Cyber Crime was recorded within the year 1820. The primeval type of computer has
been in Japan, China and India since 3500 B.C, but Charles Babbage’s analytical engine is
considered as the time of present day computers. In the year 1820, in France a textile
manufacturer named Joseph-Marie Jacquard created the loom. This device allowed a series of
steps that was continual within the weaving of special fabrics or materials. This resulted in an
exceeding concern among the Jacquard's workers that their livelihoods as well as their traditional
employment were being threatened, and prefer to sabotage so as to discourage Jacquard so that
the new technology cannot be utilized in the future

Evolution of Cyber Crime

The cybercrime is evolved from Morris Worm to the ransom ware. Many countries including
India are working to stop such crimes or attacks, but these attacks are continuously changing and
affecting our nation.

Year Type of attacks

1997 Cyber-crimes and viruses initiated that
includes Morris Code worm and other.
2004 Malicious code, Trojan and Advanced worm
etc.
 2007 Identifying thief, Phishing etc.
2010 DNS Attack, Rise of Botnets and SQL attacks
etc.
2013 Social Engineering, DOS Attack, Botnets,
Malicious Emails and Ransom ware attack
etc.
Present Banking Malware, Key logger, Bit coin
wallet, Phone hijacking, Android hack and
Cyber warfare etc.

CYBER LAW

Cyber Law seized natal in order to take switch over the crimes dedicated over the internet or the
cyberspace or via the uses of computer assets. Explanation of the legalized issues that are linked
to the uses of communication or computer technology can be named as Cyber Law. Cyber law
shows a very vital role in this new era of technology. It is significant as it is worried to nearly all
facets of doings and dealings that take place whichever on the internet or other communication
devices. Whether we are alert of it or not, but each act and each response in Cyberspace has
some lawful and Cyber permissible views.

What is the importance of Cyber Law?

Cyber law plays a very important role in this new epoch of technology. It is important as it is
concerned to almost all aspects of activities and transactions that take place either on the internet
or other communication devices. Whether we are aware of it or not, but each action and each
reaction in Cyberspace has some legal and Cyber legal views

One must have the following information in order to stay alert about the cybercrime:

 Single should recite the cyber law carefully.

 Basic information of Internet and Internet’s safety.

 Recite cyber crime’s cases. By interpretation those cases one can be conscious from such
crimes.  Important application from reliable site can be used for guard of one’s delicate
information or data.
 More or less key opinions of the Information Technology (IT) Act 2000 are as follows:

 E-mail is now measured as a legal and lawful form of communication.

 Digital signatures are agreed as permissible validity within the Act.

 Act has set natal to new occupations, to businesses to issue digital certificates by flattering the
Certifying Authorities.

 This Act lets the government to issue notifications on internet over e-governance.

 The interaction between the organizations or between the business and the administration can
be done over internet.

 Speaking the issue of safety is the most significant feature of this Act. It announced the concept
of digital signatures that confirms the individuality of a discrete on internet.

 In case of any damage or harm done to the firm by offenders, the Act delivers a remedy in the
form of cash to the company.

Cyber Law took birth in order to take control over the crimes committed through the internet or
the cyberspace or through the uses of computer resources. Description of the lawful issues that
are related to the uses of communication or computer technology can be termed as Cyber Law.

 Bridging multi-jurisdictional boundaries;

 Retaining and preserving evidence;

 Acquiring appropriate powers;

 Decoding encryption;

 Proving Identity;

 Knowing where to look for evidence;

 Tackling the tools of crime and developing tools to counter crime;

 Rethinking the costs and priorities of investigations;

 Responding to crime in real time;

 Coordinating investigative activities;

 Improving training at all levels of the organization;

 Developing strategic partnerships and alliances;

 Improving the reporting of electronic crime;

 Acquiring. Developing and retaining specialist staff;

 Avoiding „tech-lag‟ (or getting access to cutting edge technology).

 Bridging multi-jurisdictional boundaries;

 Retaining and preserving evidence;

 Acquiring appropriate powers;

 Decoding encryption;

 Proving Identity;

 Knowing where to look for evidence;

 Tackling the tools of crime and developing tools to counter crime;

 Rethinking the costs and priorities of investigations;

 Responding to crime in real time;

 Coordinating investigative activities;

 Improving training at all levels of the organization;

 Developing strategic partnerships and alliances;

 Improving the reporting of electronic crime;

 Enhancing the exchange of information and intelligence;

 Acquiring. Developing and retaining specialist staff;

 Avoiding „tech-lag‟ (or getting access to cutting edge technology)ng the exchange of
information and intelligence;

CYBER LAW IN INDIA

Resulting are the sections under IT Act, 2000

1. Section 65- Stand in with the computers source booklets whoever purposely or knowingly
abolish, hide or modify any computer’s source code that is used for a processor, mainframe
program, and CPU system or workstation network.

Punishment: Any individual who includes in such crimes could be penalized up to 3 years
custody or with a fine of Rs.2 lakhs or by way of both.

2. Section 66- Riding with computer system, data modification etc. whoever with the
determination or purpose to cause any damage, harm or to abolish, erase or to change any data
that exist in a public or any individual’s computer. Reduce its usefulness, standards or moves it
injuriously by any means, binds hacking.

Punishment: Any creature who comprises in such crimes could be punished up to 3 years
captivity, or with a fine that may cover up to 2 lakhs rupees, or both.

3. Section 66A- Distribution violent messages through any communication facilities

 Any data or communication sent via any communication services this is invasive or has
intimidating characters.

 Any information that is false or is invalid and is sent with the finale goal of irritating,
troublesomeness, hazard, abuse, barrier, wound, illegal intention, hostility, disgust or ill will.

 Any mail or electronic post sent with the end objective of causing irritation, trouble or
misinform or to cheat the address about the source of the messages.

Punishment: Any single found to pledge such crimes under this section could be send to prison
for up to 3years of custody along with a fine.
4. Section 66B- Getting lifted computer’s resources or communication devices unfairly getting
or retentive any stolen processor, CPU’s resources or any communication plans meaningfully or
having the aim to believe the same.

Punishment: Anyone who encompasses in such crimes could be pronounce judgment on either
account for a term that may cover up to 3 years of captivity or with a fine of rupee 1 lakh or both.

5. Section 66C- Classify theft Using of one’s digital signature or one’s PIN or any other unique
ID of any individual is a crime.

Punishment: Any being who include in such crimes could be condemned either with a account
for a term which may stretch up to 3 years of custody along with a fine that may spread up to
rupee 1 lakh.

There are numerous other sections in the IT Act, 2000 amongst them a few vital sections
are as follows:

Offences Sec. under IT Act, 2000

Damage to Computer, Computer System etc. Section 43
Power to issue direction for blocking from Section 69A
public access of any information through any
computer’s resources.
Power to authorize to collect traffic Section 69B
information or data and to monitor through
any computer’s resources for cyber security
Un-authorized access to protected system. Section 70
Penalty for misrepresentation. Section 71
Breach of confidentiality and privacy. Section 72
Publishing False digital signature certificates. Section 73
Publication for fraudulent purpose. Section 74
Act to apply for contravention or offence that Section 75
is committed outside India
Compensation, confiscation or penalties for Section 77
not to interfere with other punishment.
Compounding of Offences. Section 77 A
Offences by Companies. Section 85
Sending threatening messages by e-mail. Section 503 IPC
Sending defamatory messages by e-mail. Section 499 IPC
E-mail Spoofing Section 463 IPC
 Web Jacking. Section 383 IPC
E-mail Abuse Section 500 IPC
Criminal intimidation by anonymous Section 507 IPC
communications
Online sale of Drugs. NDPS Act
Online sale of Arms Arm Act

CONCLUSION

The growth and propagation of a freshly developed technologies begin star to run many
cybercrimes in latest years. Cybercrime has develop great dangers to mankind. Security against
cybercrime is a vibrant part for societal, social and safety aspect of a country. The Government
of India has endorsed IT Act, 2000 to pact with cybercrimes. The Act more study the IPC, 1860,
the IEA (Indian Evidence Act), 1872, the Banker's Books Evidence Act 1891 and the Reserve
Bank of India Act, 1934. Any part of the ecosphere cybercrime could be created transient
national boundaries above the internet creating both technical and lawful complexities of
examining and impeaching these crimes. The international consistent efforts, direction and co-
operation amongst various nations are compulsory to take action on the road to the cybercrime.

Our main tenacity of scripting this paper is to range the content of cybercrime amongst the
communal people. At the conclusion of this paper “Cyber Crime and Cyber Laws of India” we
need to say cybercrime can never be approved. If anybody drops in the victim of cyber-attack,
kindly take a step forward and record a case in your adjoining police station. If the criminals
won’t get penalty for their action, they will at no time stop.

REFERNCES

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