ABSTRACT

Overriding effects of getting into anything will lead you to the definitely an unsafe root. What if
anything which contains a way to catch up something which is hilarious and you could not get
oppose off. This is exactly transpire what crime says- CYBER. Cyber crimes are such viruses that
attach themselves to destroy or disable what internet access through certain plots such as
hacking, phishing, email bombing and spamming, dissemination etc perpetrating by certain
software. Cyber space often know as web is an environment that is intangible and dynamic.
Thus, what exactly cyber crime is a form of internet crime which is pursued online. In this
research paper, I, argue first that, till what extent our society is ready to get over upon this web
hacking. I, argue, that the processes till further cyber partnerships are paid by rooting the ways.
I argue further, that how much does the police have the grit for such cyber crime. I, argue, that
what is the need behind such malicious acts and denying of such services. I, then find such
interpretations as to what extent or until what purviews the Sections of Information Technology
Rules, 2003 falls.

Strategies of the hackers:

Serial No. White Hat Black Hat Hacker Grey Hat Hacker Blackmail
Hacker Hacker
1. It generally Pivot The hacker It is a It is the most
on securing IT generally focuses professional dangerous
systems. upon the hacker acts hacker who
computer system legally or in a spreads
with malicious good will. detrimental
intent. information
through the
internet or vis-à-
vis private
communication
routes.
2. It includes the It includes the Due to the The hacker may
process of hack act whose are technological commit such
with the consent uncertain and feat, the hacker cyber crimes
of the owner to concealed. sometimes may from where they
do such process. commit such could make
 internet crimes money at a big
as kidnapping, scale through
phishing, cyber bank or
terrorism etc. operational
accounts.
3. These They are usually They are a clutch They may
professionals are known as the of white and threaten the
particularly software black hacker. population to
called as the cracking hackers. commit such
sneakers who crimes.
are the
employees of
security
companies.

SAFEGUARDS OF SUCH CRIMES:

1. You must have to conclude with your online sessions which require passwords like
emails and Facebook completely.

2. Logging into another account like when you sign in a Google browser and at the same time
you will sign in into an another account without signing out to the first account, do not do
that as by using a PGP key.

3. Always put end button into your online chapter by clicking on the "Log out or Sign Out"
button.

4. Steer clear off the way of "remember" when you enter into the details and password
information.

5. You must have the backup of whatever files you had created in your PC or Laptop whether
it may be personal or professional.

6. You must have used the WHOIS private service to keep hidden your personal details
like name, city’s name, number, residential address etc.

ILLUSTRATIONS:
 In 2013-2016, A data breach or theft of around 3 billion population’s private information and
passwords has been experienced by a great platform called Yahoo.

In 2014, US retailer Home Depot’s point of sale systems had been attacked and of around 50
million credit cards swiped at Home Depot stores and Modus Vivendi by the attackers.

In 2016, That software vulnerabilities had done by the attackers over 1 billion users account
running over the internet of things including services like Netflix, Twitter etc and that attack
took place was DDoS.

In 2017, The Wanna Cry, launched by the North Korea, unbridled the cyber crime of
Ransomware and infected 300,000 computers around the world, and hundreds of dollars had
been demanded to decrypt their data.

INFORMATION TECHNOLOGY INCLUDES:

 Section-65 :- Whoever intentionally or knowingly conceals, destroys or alter any computer

source code, shall be punishable with imprisonment upto three years, or with fine which
may extend to two lakh rupees, or both.
 Section 66 :- Whoever dishonestly or fraudulently, commits the wrongful gain of another
person, shall be liable for imprisonment to three years or fine of rupees five lakh rupess, or
both.
 Sec.67:- Whoever publishes or transmits any material which is lascivious or appeals to be the
prurient interest, shall be liable for imprisonment which may extent to five years or fine of ten
lakh rupees or both.

LANDMARK CASES-

1. Section 43: Penalty and Compensation for damage to computer, computer system,
etc Case Law-
Poona Auto Anillaries Pvt. Ltd., Pune Versus Punjab National Bank, HO New Delhi &
Others
Summary: In 2013 Maharashtra’s IT secretary Rajesh Aggarwal had ordered PNB to pay Rs 45
lakh to the Complainant Manmohan Singh Matharu, facing the one of the biggest compensation
due to a cyber crime of phishing mail. A fraud had been done when transferred of Rs 80.10 lakh
from Matharu’s account in PNB, by responded to an email.

2. Syed Asifuddin and others vs The State Of Andhra Pradesh 2005

Section 2(o), (ffc) and Sections 13 and 14 together, it becomes clear that a computer
programme is by very definition original literary work and, therefore, the law protects
 such copyright. Under Section 63 of the Copyright Act, any infringement of the
copyright in a computer programme/source code is punishable. Therefore, prima facie,
if a person alters computer programme of another person or another computer
company, the same would be infringement of the copyright. Again the entire issue in
this regard is subject to the evidence that may be led by the complainant at the time of
trial. This Court, however, examined the submission of the learned senior counsel for
the petitioners in the background of the provisions of the Copyright Act and
observations made herein are not intended to decide the question one way or the
other. The trial Court has to deal with these aspects.1

3. Parliament Attack Case:

The laptop was seized by the parliament which was contained by the two terrorists
which contained several evidences of terrorists namely of the information called
Ministry of Home that they received on the laptop and their entry into Parliament
House and the fake ID card that one of the two terrorists was carrying with a
Government of India emblem and seal.

4. Nasscom vs. Ajay Sood & Others

The Delhi HC stated that, even though there is no specific legislation in India to penalize
phishing, it held phishing to be an illegal act, by defining it under Indian law as "a
misrepresentation made in the course of trade, leading to confusion, as to the source
and origin of the email causing immense harm, not only to the consumer, but even to
the person whose name, identity or password is misused." The court held the act of
phishing as passing off and tarnishing the plaintiff's image 2.

5. State of Tamil Nadu Vs Suhas Katti

The cyber case was done upon the husband by the wife for her obsence and defamatory
messages was sent by her husband through her yahoo account and posting for the same
messages from her account resulting in unlimited calls from unknown numbers believing
her as a solicitor. Ld. Additional Chief Metropolitan Magistrate, Egmore, delivered the
judgement on 5-11-04 as follows: "The accused is found guilty of offences under section
469, 509 IPC and 67 of the IT Act 2000, and the accused is convicted and sentenced for
the offence to undergo RI for 2 years, under 469 IPC, and to pay a fine of Rs.500/- and
for the offence u/s 509 IPC sentenced to undergo 1 year simple imprisonment and to

1
https://www.itlaw.in/syed-asifuddin-and-others-vs-the-state-of-andhra-pradesh-2005/
2
https://www.cyberralegalservices.com/detail- casestudies.php#:~:text=In%20a%20landmark%20judgment
%20in,injunction%20and%20recovery%20of%20damag es.
 pay a fine of Rs.500/- and for the offence u/s 67 of the IT Act 2000 to undergo RI for 2
years and to pay a fine of Rs.4000/-. All sentences to run concurrently." 3

RECENT LEGAL DEVELOPMENT UPON THE CYBER CRIME:

In Justice K.S. Puttuswamy (Retd) v Union of India, 4 Hon’ble Supreme Court of India held that
“The right to privacy is protected as an intrinsic part of the right to life and personal liberty
under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution”.

Cyber Securities are the growing concern among businesses, as highlighted by the very recent
issue of “Zoom Application” in this pandemic of covid-19.

Over 200 millions of population is using the zoom application to conduct their meetings, to join
their classes and even doing personal chit chats over there. But we did hear the news that the
zoom application is not safe and were continuously in the hands of white hackers and hence
around 50% of population had uninstalled the application for same.

This was really hitting for us and thus, the matter took by the Cyber security very gravely. In
April 2020, Cyber Crime Branch with such legal policies done this very wisely and therefore,
they have nominated the application “ZOOM-5.0.” with an AES 256-Bit GCM encryption
standards- an algorithm to further protection.

CONCLUSION

Henceforth, many of the policies have been illustrated by our Cyber Law such as software,
email, internet usage, cyber insurance, e-writing policies etc. The Privacy Bill, 2011 has codified
muscles to the data protection along with the Information Technology Act, 2000 and Indian
Penal Code, 1860. These include interception of communication or unauthorized personal data,
taking and using of photographs, fingertips etc. We will find such interpretations upon the
above mentioned acts and may further elaborate in deep how much big trap it is.

3
https://www.cyberralegalservices.com/detail- casestudies.php#:~:text=In%20a%20landmark%20judgment
%20in,injunction%20and%20recovery%20of%20damag es.
4
Justice K.S. Puttuswamy (Retd) v Union of India AIR 494 SC 2012