III B.

COM PA CYBER LAW

UNIT – 3
EVIDENCE ASPECT AND CRIMINAL
ASPECT IN CYBER LAW

EVIDENCE ASPECTS
3.1 MEANING OF EVIDENCE

Evidence, broadly construed, is anything presented in support of an assertion,

because evident things are undoubted. There are two kind of evidence: intellectual
evidence and empirical evidence. The mentioned support may be strong or weak.

3.2 TYPES OF EVIDENCE

1. Direct evidence

Generally speaking, there are two primary types of evidence: direct and
circumstantial. Direct evidence, as its name implies, is evidence that directly links a
defendant to the crime for which they’re on trial without any need for inference. A
common example would be the sworn testimony of an eyewitness.

2. Circumstantial evidence

On the other hand, circumstantial evidence is evidence that implies a person

committed a crime. For example, while direct evidence might include a witness directly
seeing a defendant commit a crime, circumstantial evidence could be witnesses
seeing a defendant fleeing a crime scene. In a circumstantial case, there must be a
multitude of such evidence compiled to have any real impact.

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3. Physical evidence

Also called real evidence, physical evidence refers to any material object that
may play a role in the matter that led to the litigation at hand. Most commonly, physical
evidence will consist of objects found at the scene of a crime, whether it be a possible
weapon, a shoe print, tire marks or even minuscule fibers from a piece of fabric—
perhaps an item of clothing worn by the perpetrator.

4. Individual physical evidence

Within the umbrella of physical evidence are two distinct types of

evidence: individual and class evidence. Evidence with individual characteristics
has physical qualities that are unique to an individual source. Examples of individual
evidence include fingerprints, DNA or the striation marks on a fired bullet.

5. Class physical evidence

Physical evidence with class characteristics has qualities that can be

associated with a group. Such evidence is typically used to help narrow down a pool
of suspects, weapons or the like. Examples of class evidence include blood type, tread
patterns of a particular brand of shoes or the make and model of a firearm.

6. Forensic evidence

Also referred to as scientific evidence, forensic evidence is often among the

most helpful types of evidence in criminal litigation. Generally speaking, scientific
evidence is evidence that is based off knowledge that has been developed by using
the scientific method. As such, the basis for admissible forensic evidence has been
hypothesized, tested and generally accepted within the scientific community. This
includes things like DNA matching, fingerprint identification, hair evidence, fiber
evidence and more.

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7. Trace evidence

Simply put, trace evidence is created when two objects make contact with one
another. Examples of trace evidence include gunshot residue, hair, fibers, soil, wood
and pollen. Such evidence can help investigators link a defendant and/or a victim to a
mutual location.

8. Testimonial evidence

Most of what we see in a typical courtroom drama on TV is testimonial evidence.

This is when a witness is called to the stand to speak before a judge and jury under
oath. Testimony witnesses can be used for both the prosecution and the defense in a
trial. When prosecution witnesses are questioned by prosecutors, it is called direct
examination; when they’re later questioned by defense attorneys, it’s called cross-
examination. The same is true for defense witnesses when the roles are reversed.

9. Expert witness evidence

Most all courts bar witnesses from testifying based on their personal opinions—
this is why we have expert witness evidence. Expert witnesses are permitted to
testify about matters within their field of expertise. This can include a forensic analyst
testifying about the results of a DNA test, a doctor testifying about the analysis of a set
of X-rays or a fingerprint analyst testifying about findings related to prints lifted from a
crime scene or weapon.

10. Digital evidence

In our technologically connected world, digital evidence has become critically

important, as computer data can leave a trail to a multitude of crimes. Digital evidence
includes any relevant information that is stored or transmitted in binary form. This
includes anything found on a computer hard drive, a cell phone, a flash drive and the
like. Previously used solely in the prosecution of e-crimes, digital evidence is now used
in a wide range of crime prosecution, drawing upon things like email communication,
text messages and cell phone location.

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11. Documentary evidence

Aptly named, documentary evidence refers to any relevant evidence

contained in or on documents. This might include a signed contract, a deed or a will.
To be admitted in a court case, all documentary evidence must be proven to be
authentic.

12. Demonstrative evidence

The umbrella of demonstrative evidence can include many different

elements. Any objects, pictures, models or other devices used in a trial to demonstrate
or explain facts are considered demonstrative evidence.

13. Character evidence

Evidence used to demonstrate the moral standing of a person based on their

reputation in their respective community is considered character evidence. A
character witness, for example, is a person who testifies in court on behalf of another
to speak to their positive or negative character traits.

14. Habit evidence

While propensity evidence—or evidence that a person engaged in bad behavior

in the past—is generally not admissible in court cases, habit evidence is admissible
as an exception to this rule. Habit evidence refers to evidence of a repetitive response
by a person to particular circumstances. It is used in court cases for the purpose of
proving how that person would likely act in a similar situation.

15. Hearsay evidence

It’s true that the rules regarding hearsay evidence differ by jurisdiction, but it is
most commonly ruled to be inadmissible at trial. That is because hearsay
evidence refers to an out-of-court statement made by a relevant party in relation to an
issue being discussed at trial. This is generally deemed inadmissible because of the

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inability of the other party to cross-examine the person who made the statement in
question.

16. Corroborating evidence

Evidence that is used to strengthen, add to, authenticate or confirm already-

existing evidence is considered corroborating evidence. For example, if a victim’s
testimony recounts their personal experience, corroborating evidence is often needed
to buttress their claims by confirming various aspects of their testimony.

17. Exculpatory evidence

During trial proceedings, defense teams will often present evidence that serves
to either justify, excuse or introduce reasonable doubt about the defendant’s alleged
actions or intentions. This is called exculpatory evidence, and it is most commonly
used to demonstrate that a defendant is not guilty. When prosecutors willfully withhold
potentially exculpatory evidence, this is considered a violation of the Brady Rule.

18. Admissible evidence

Amidst the many different types of evidence, there are two primary categories
that will greatly impact the outcome of a court case: admissible and inadmissible
evidence. Generally speaking, all evidence that is able to be formally presented in
front of a judge or jury has been deemed admissible evidence. Prior to the trial, it is
the duty of the judge to determine whether or not particular evidence may be included.

19. Inadmissible evidence

Conversely, evidence that the judge determines cannot be presented to the jury
is considered inadmissible evidence. Reasons for deeming evidence to be
inadmissible can include the following: It was improperly obtained, it is prejudicial, it is
not relevant to the case or it is hearsay.

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20. Insufficient evidence

In court cases, it is the obligation of the prosecutorial team to meet the burden
of proof—or the responsibility to prove their allegations beyond a reasonable doubt.
Evidence that fails to meet the burden of proof is considered insufficient evidence.
In such cases, a judge may even dismiss a case before the defense presents their
side.

3.3 LAW OF EVIDENCE ACT

 Evidence as part of the law of procedures

Procedural Law focuses mainly on the procedures followed to enforce the law.
The rules of evidence, in contrast, are aimed at determining which facts may be
brought before the court during such a process and how it should be done.

 Principles of evidence and electronic records

There are some general principles of evidence that can affect the admissibility
and weight of electronic records in court. The main two evidentiary principles that
affect digital records are the hearsay rule and its exceptions, and the best evidence
rule.

3.3.1 Best evidence rule

 The best evidence rule requires that the original of any record or document be
used if available. It can also mean that copies, even if introduced, are given
lower weight. The rule need not be satisfied if:
 The original has been lost
 It is impractical or unduly burdensome to produce the original
 The original is a public record in the custody of the state archives and a certified
copy is available, or
 The original is in the possession of the other party to the case (eg. a medical
record in a negligence case, where the plaintiff relies on a photocopy of a page
of a medical file, the original file remaining in the hospital’s possession).

 Satisfying the best evidence rule with electronic records

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In the electronic environment, it can be difficult to determine what exactly is original

record. Some questions that might arise are:

• Is the print-out of an email message the original?

If there is a dispute about the Authenticity of an email, which will hold more force - the
electronic version or the printed?

• If I scan incoming correspondence and destroy the paper copy, will the scan
be Treated as the “original”?

The Evidence Act prescribes a process for accepting certain kinds of copies,
including microfilm, but scanned images are not yet among them. This could
potentially lead to the scan being considered not the “best” evidence.

• If I enter data from a form into a database and then use the database as the
source For my information & activities, do I have to keep the paper form?

This is a particularly difficult issue in situations where the data is materially

altered through its use in the database environment. Producing the original paper form
may, in such cases, actually mislead the court. The best evidence rule is likely to be
most problematic for your electronic records in situations where you dispute the other
party’s version of the record (ie you claim that the print-out is inaccurate or has been
tampered with).

3.3.2 Applicability of the law of evidence

 Section 3

(a) in the definition of "Evidence", for the words "all documents produced for the
Inspection of the Court", the words "all documents including electronic records
produced for the inspection of the Court" shall be substituted;

(b) After the definition of "India", the following shall be inserted, namely:— 'the
Expressions "Certifying Authority", "digital signature", "Digital Signature Certificate",
"Electronic form", "electronic records", "information", "secure electronic record",
"secure Digital signature" and "subscriber" shall have the meanings respectively
assigned to them in the Information Technology Act, 2000.'.

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 Section 17 – Admission defined

 for the words "oral or documentary," the words "oral or documentary or
contained in electronic form" shall be substituted.
 Section 22A - When oral admission as to contents of electronic records
are relevant.
Oral admissions as to the contents of electronic records are not relevant,
unless the genuineness of the electronic record produced is in question.

 Section 34 – Entries in books of account when relevant

 for the words "Entries in the books of account", the words "Entries in the
books of account, including those maintained in an electronic form" shall be
substituted.
 Section 35 – Relevancy of entry in public record made in performance of
duty.
 for the word "record", in both the places where it occurs, the words "record
or an electronic record" shall be substituted.
 Section 39 - What evidence to be given when statement forms part of a
conversation, document, electronic record, book or series of letters or
papers.
When any statement of which evidence is given forms part of a longer
statement, or of a conversation or pan of an isolated document, or is contained in a
document which forms part of a book, or is contained in part of electronic record or of
a connected series of letters or papers, evidence shall be given of so much and no
more of the statement, conversation, document, electronic record, book or series of
letters or papers as the Court considers necessary in that particular case to the full
understanding of the nature and effect of the statement, and of the circumstances
under which it was made.

 Section 7A - Opinion as to digital signature where relevant.

When the Court has to form an opinion as to the digital signature of any person,
the opinion of the Certifying Authority which has issued the Digital Signature Certificate
is a relevant fact.

 Section 59 – Proof of facts by oral evidence

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 for the words "contents of documents" the words "contents of documents or

electronic records" shall be substituted.

Special provisions

 Section 65A - Special provisions as to evidence relating to electronic

record.
The contents of electronic records may be proved in accordance with the
provisions of section 65B.

 Section 65 B - Admissibility of electronic records.

(1) Notwithstanding anything contained in this Act, any information contained in
an electronic record which is printed on a paper, stored, recorded or copied
in optical or magnetic media produced by a computer (hereinafter referred
to as the computer output) shall be deemed to be also a document, if the
conditions mentioned in this section are satisfied in relation to the
information and computer in question and shall be admissible in any
proceedings, without further proof or production of the original, as evidence
of any contents of the original or of any fact stated therein of which direct
evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output
shall be the following, namely: —
(a) the computer output containing the information was produced by the computer
during the period over which the computer was used regularly to store or
process information for the purposes of any activities regularly carried on over
that period by the person having lawful control over the use of the computer;
(b) during the said period, information of the kind contained in the electronic record
or of the kind from which the information so contained is derived was regularly
fed into the computer in the ordinary course of the said activities;

 Section 67A - Proof as to digital signature

Except in the case of a secure digital signature, if the digital signature of any
subscriber is alleged to have been affixed to an electronic record the fact that such
digital signature is the digital signature of the subscriber must be proved.

 Section 73A - Proof as to verification of digital signature

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In order to ascertain whether a digital signature is that of the person by whom it

purports to have been affixed, the Court may direct—

(a) that person or the Controller or the Certifying Authority to produce the Digital
Signature Certificate;

(b) any other person to apply the public key listed in the Digital Signature Certificate
and verify the digital signature purported to have been affixed by that person.

 Section 81A - Presumption as to Gazettes in electronic forms

The Court shall presume the genuineness of every electronic record purporting
to be the Official Gazette, or purporting to be electronic record directed by any law to
be kept by any person, if such electronic record is kept substantially in the form
required by law and is produced from proper custody.

 Section 85A - Presumption as to electronic agreements.

The Court shall presume that every electronic record purporting to be an
agreement containing the digital signatures of the parties was so concluded by affixing
the digital signature of the parties.

 Section 85B - Presumption as to electronic records and digital signatures

(1) In any proceedings involving a secure electronic record, the Court shall presume
unless contrary is proved, that the secure electronic record has not been altered since
the specific point of time to which the secure status relates.

(2) In any proceedings, involving secure digital signature, the Court shall presume
unless the contrary is proved that—

(a) the secure digital signature is affixed by subscriber with the intention of signing or
approving the electronic record;

(b) except in the case of a secure electronic record or a secure digital signature,
nothing in this section shall create any presumption relating to authenticity and integrity
of the electronic record or any digital signature.

 Section 85C - Presumption as to Digital Signature Certificates.

The Court shall presume, unless contrary is proved, that the information listed in
a Digital Signature Certificate is correct, except for information specified as subscriber

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Information which has not been verified, if the certificate was accepted by the
subscriber.

 Section 88A - Presumption as to electronic messages.

The Court may presume that an electronic message forwarded by the
originator through an electronic mail server to the addressee to whom the message
purports to be addressed corresponds with the message as fed into his computer
for transmission; but the Court shall not make any presumption as to the person by
whom such message was sent.

 Section 90A - Presumption as to electronic records five years old.

Where any electronic record, purporting or proved to be five years old, is
produced from any custody which the Court in the particular case considers proper,
the Court may presume that the digital signature which purports to be the digital
signature of any particular person was so affixed by him or any person authorised by
him in this behalf.

3.3.3 Electronic records as evidence: Applying everyday principles

Experienced records managers will realise that in general, conceptual terms,

there is little that is new in keeping evidence in electronic form. Whatever the
technology, the greater the attention to records

 system design and documentation,

 system security,
 operational maintenance,
 operation logs (including exception management logs) and
 system audit,
 the stronger the evidence that records from that system will be.
As you read through this Advice and think about the issues raised by electronic
evidence in particular, you should always keep this general principle in mind and try
to apply your existing system methodologies to the new electronic environment.
"Electronic record" means data, record or data generated, image or sound stored,
received or sent in an electronic form or micro film or computer generated micro fiche;

3.3.4 Making your electronic records good evidence

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 Establishing good processes and transparent procedures

Electronic records (both ‘originals’ and copies) produced via routine, defined
business processes are more likely to be both admissible and strong evidence in any
case. This is because:

• They will clearly fall within the “business records” rule (see below for
explanation);

• They are less prone to being challenged as unusual or false than ad hoc
records.

If an agency can demonstrate that in any given situation, certain records are:

• always created

• always created at the same point in the process

• always stored in the same place

• always maintained in the same way, and

• always accessed by the same people for the same purposes,

Then:

• for any one transaction, it will be easier to claim that all records are present or

accounted for;

• for any one document, it will be easier to claim inherent authenticity.

3.3.5 Authenticating & auditing your records

Should your records be disputed, it may be vitally important to prove that their
integrity remains intact – that they have not been tampered with. The ability to
demonstrate who has interacted with the records and in what ways may also be critical.
A number of techniques may be useful here:

 Audit logs. Audit logs can help you show who accessed, altered or updated
records, when, and to what extent. For this reason, audit logs should always be
retained for as long as the records themselves are kept.

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 System security. Evidence detailing adequate security measures may also be

very important in proving the validity and integrity of your records.
 Digital signatures and other authentication technologies: Proving that
records have not been tampered with can be difficult. Digital signatures may be
useful here. Digital signatures can be used as an equivalent of written
signatures (to link a particular individual to a transaction or document) or they
can be used as a kind of ‘seal’, preventing undetectable tampering with
document contents by virtue of the nature of the mathematical algorithm they
employ. This second use of digital signatures could have significant usefulness
in demonstrating the authenticity of electronic records.
While there is no direct indication as yet in Victoria that digital signatures will be
accepted as positive proof of authenticity, it seems very likely (using the Electronic
Transactions Act as a guide) that they would be strong evidence in this regard.

3.4 INDIAN EVIDENCE ACT

1. Short title, extent and commencement - This Act may be called the Indian
Evidence Act, 1872.

2. Interpretation clause - In this Act the following words and expressions are used
in the following senses, unless a contrary intention appears from the context: -

"Court" - "Court" includes all Judges and Magistrates, and all person, except
arbitrators, legally authorized to take evidence.

"Fact" - "Fact" means and includes -

1. anything, state of things, or relation of things, capable of being perceived by

the senses;

2. any mental condition of which any person is conscious.

"Document" - "Document" means any matter expressed or described upon any

substance by means of letter, figures or makes, or by more than one of those means,
intended to be used, or which may be used, for the purpose of recording that matter.

"Evidence" - "Evidence" means and includes -

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(1) All statements which the Court permits or requires to be made before it by
witnesses, in relation to matters of fact under inquiry; such statements are called oral
evidence.

(2) All documents produced for the inspection of the Court; such documents are called
documentary evidence.

"Proved" - A fact is said to be proved when, after considering the matters before it,
the Court either believes it to exist, or considers its existence so probable that a
prudent man ought under the circumstances of the particular case, to act upon the
supposition that it exists.

"Disproved" - A fact is said to be disproved when, after considering the matters before
it, the Court either believes that it does not exist or considers its non-existence so
probable that a

prudent man ought, under the circumstances of the particular case, to act upon the
supposition that it does not exist.

"Not proved" - A fact is said not to be proved when it is neither proved nor disproved.

CRIMINAL ASPECTS
3.1 COMPUTER CRIME:

Computer crime includes traditional criminal acts committed with a computer,

as well as new offenses that lack any parallels with non-computer crimes. The diversity

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of offenses renders any narrow definition unworkable. The U.S. Department of Justice
(DOJ) broadly defines computer crimes as "any violations of criminal law that involve
a knowledge of computer technology for their perpetration.

Computer crime encompass a broad range of potentially illegal activities.

Generally, however, it may be divided into one of two types of categories:

(1) crimes that target computer networks or devices directly;

(2) crimes facilitated by computer networks or devices, the primary target of which is
independent of the computer network or device.

Examples of crimes that primarily target computer networks or devices would include,

 Malware (malicious code)

 Denial-of-service attacks
 Computer viruses

Examples of crimes that merely use computer networks or devices would include,

 Cyber stalking
 Fraud and identity theft
 Phishing scams
 Information warfare

 A common example is when a person starts to steal information from sites, or

cause damage to, a computer or computer network. This can be entirely virtual
in that the information only exists in digital form, and the damage, while real,
has no physical consequence other than the machine ceases to function.
 In some legal systems, intangible property cannot be stolen and the damage
must be visible, e.g. as resulting from a blow from a hammer. Where human-
centric terminology is used for crimes relying on natural language skills and
innate gullibility, definitions have to be modified to ensure that fraudulent
behaviour remains criminal no matter how it is committed.

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 A computer can be a source of evidence. Even though the computer is not

directly used for criminal purposes, it is an excellent device for record keeping,
particularly given the power to encrypt the data. If this evidence can be obtained
and decrypted, it can be of great value to criminal investigators.

3.2 FACTORS INFLUENCING COMPUTER CRIMES:

Spam

Spam, or the unsolicited sending of bulk email for commercial purposes, is unlawful
to varying degrees. As applied to email, specific anti-spam laws are relatively new,
however limits on unsolicited electronic communications have existed in some forms
for some time.

Fraud

Computer fraud is any dishonest misrepresentation of fact intended to let another

to do or refrain from doing something which causes loss. In this context, the fraud will
result in obtaining a benefit by:

 altering computer input in an unauthorized way. This requires little technical

expertise and is not an uncommon form of theft by employees altering the data
before entry or entering false data, or by entering unauthorized instructions or
using unauthorized processes;
 altering, destroying, suppressing, or stealing output, usually to conceal
unauthorized transactions: this is difficult to detect;
 altering or deleting stored data; or
 altering or misusing existing system tools or software packages, or altering or
writing code for fraudulent purposes. This requires real programming skills and
is not common.

Other forms of fraud may be facilitated using computer systems, including bank fraud,
identity theft, extortion, and theft of classified information. A variety of Internet scams
target consumers direct.

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Obscene or offensive content

The content of websites and other electronic communications may be

distasteful, obscene or offensive for a variety of reasons. In some instances these
communications may be illegal. Many jurisdictions place limits on certain speech and
ban racist, blasphemous, politically subversive, libel or slanderous, seditious, or
inflammatory material that tends to incite hate crimes. The extent to which these
communications are unlawful varies greatly between countries, and even within
nations. It is a sensitive area in which the courts can become involved in arbitrating
between groups with entrenched beliefs. One area of Internet pornography that has
been the target of the strongest efforts at curtailment .

Harassment

Whereas content may be offensive in a non-specific way, harassment directs

obscenities and derogatory comments at specific individuals focusing for example on
gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms,
through newsgroups, and by sending hate e-mail to interested parties (see cyber
bullying, cyber stalking, harassment by computer, hate crime, Online predator, and
stalking). Any comment that may be found derogatory or offensive is considered
harassment.

Drug trafficking

Drug traffickers are increasingly taking advantage of the Internet to sell their
illegal substances through encrypted e-mail and other Internet Technology. Some drug
traffickers arrange deals at internet cafes, use courier Web sites to track illegal
packages of pills, and swap recipes for amphetamines in restricted-access chat
rooms.

The rise in Internet drug trades could also be attributed to the lack of face-to-face
communication. These virtual exchanges allow more intimidated individuals to more
comfortably purchase illegal drugs. The sketchy effects that are often associated with
drug trades are severely minimized and the filtering process that comes with physical

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interaction fades away. Furthermore, traditional drug recipes were carefully kept
secrets. But with modern computer technology, this information is now being made
available to anyone with computer access.

Cyberterrorism

Government officials and Information Technology security specialists have

documented a significant increase in Internet problems and server scans since early
2001. But there is a growing concern among federal officials that such intrusions are
part of an organized effort by cyberterrorists, foreign intelligence services, or other
groups to map potential security holes in critical systems. A cyberterrorist is someone
who intimidates or coerces a government or organization to advance his or her political
or social objectives by launching computer-based attack against computers, network,
and the information stored on them.

Cyberterrorism in general, can be defined as an act of terrorism committed

through the use of cyberspace or computer resources (Parker 1983). As such, a
simple propaganda in the Internet, that there will be bomb attacks during the holidays
can be considered cyberterrorism. At worst, cyberterrorists may use the Internet or
computer resources to carry out an actual attack. As well there are also hacking
activities directed towards individuals, families, organised by groups within networks,
tending to cause fear among people, demonstrate power, collecting information
relevant for ruining peoples' lives, robberies, blackmailing etc.

3.3 STRATEGY FOR PREVENTION OF COMPUTER CRIME:

 Control Organizations, Programs And Laws

1. Solutions to cyberspace bias and hate are arduous in a society that
venerates freedom of speech.
2. Government censorship would not work in cyberspace, even if it were
constitutional. The problem is not intractable, however, because centers
of reason have shed light on the situation before the whole of the Internet
could be compromised.

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3. Corporate leaders, especially, can accelerate this sanitizing process by

implementing standards for what
4. they will allow on their systems and by helping to provide effective
forums for positive forces
PASSWORD TIPS:

 Experts often say that the security of the system is the security of the weakest
password. Some of the blame rests on users who pick bad passwords such as
someone's name, a birth date or a word from a dictionary. These may be easier
to remember, but they also are very easy to break. The following security tips
offer protection for passwords.
When creating a password:

i. Don’t use names or numbers associated with you in any form,i.e. your user name,
your spouse’s name, your dog’s name spelled backward, your telephone number
transposed, your middle name in French, etc. Hackers are sophisticated enough
to make an educated guess.
ii. Don’t use names or dictionary words, including several words strung together, in
any language. Sophisticated password cracking programs can discover
passwords with effective dictionary or brute force attacks.
iii. Do use upper and lower case letters, as well as punctuation symbols or numbers,
for passwords that are several characters long.
iv. Do use different passwords for different accounts and for
v. screen savers and share passwords. An intruder who cracks your password on
one network can use it to jump to other networks where you also use it. The same
applies to each Web site and Internet business that requires passwords.

Once you have a password:

i. Do change it frequently, at least every four to six months. If you need to use the
same basic word as your password, vary it with unexpected numbers, symbols or
misspellings. Sniffer programs that intercept passwords are quite common, and
changing your password offers at least some protection.
ii. Don’t e-mail your password to anyone.

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iii. Don’t tell anyone your password, no matter who asks for it. If someone calls you
claiming to need your password, refuse to provide it. Any legitimate technician
already will have authorization to enter your system. If, for any reason, you must
share your password, change it as soon as possible. Some secrets are too
tempting not to use or share.

3.3.1 COMMON FRAUDULENT SCHEMES

Common fraudulent schemes found on the Internet and elsewhere include:

 Online Auction Frauds. Sellers may not deliver items, or their value may be
inflated. Sometimes shills drive up the bids. The FTC, which received
approximately 10,000 complaints about Internet auction fraud in 1999, has issued
similar warnings. Online auction buyers can guard against fraud by placing
payments in escrow accounts rather than sending them immediately to the sellers.
Transgressors are referred to government authorities.
 General Merchandise Rip-offs. These involve sales of everything from T-shirts
to toys, calendars to collectibles. The goods are never delivered, or they are not
as advertised.
 Bogus Sales of Hardware or Software. Purchased computer products may never
be delivered, or they may not be as represented.
 Shady Sales of Internet Services. There may be charges for services that were
touted as free, failure to deliver on promised services and false representations of
services.
 Work-at-Home Schemes. Two popular versions offer the chance to earn money
by stuffing envelopes or assembling crafts at home. However, nobody is paid for
stuffing envelopes or craft assembly since promoters, claiming the work does not
meet their "quality standards," usually refuse to buy the finished product.
 Business Opportunity Scams. These promise significant income for a small
investment of time and money in a business — often a franchise. Some are
actually old-fashioned pyramid schemes camouflaged to look like something
else.

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 Chain Letters, Pyramid Schemes and Ponzi Schemes. Any profits are made
from recruiting others, not from sales of goods or services to end-users.
 Guaranteed Loans or Credit on Easy Terms. Some schemes offer home
equity loans, even for those who lack equity in their homes. Others offer
guaranteed, unsecured credit cards, regardless of the applicant’s credit history.
The "loans" turn out to be lists of lending institutions, and the credit cards never
arrive.
 Bulk E-Mail Scams. Victims are sold lists of e-mail addresses and software
with the claim that this will enable them to make money by sending their own
solicitations via bulk e-mail. However, the lists are of poor quality; sending bulk
e-mail violates the terms of service of most Internet service providers (ISPs);
virtually no legitimate businesses engage in bulk e-mailings; and several states
have laws regulating the sending of bulk e-mail.
 Cyber-Smears. Perpetrators post false information or fake press releases
about companies on the Internet.

3.3 AMENDMENTS TO THE INDIAN PENAL CODE (45 OF 1860)

 Section 29 – Electronic Record
 After section 29, the following section shall be inserted, namely
Electronic record.
 "29A. The words "electronic record" shall have the meaning assigned
to them in clause (t) of subsection of the Information Technology Act,
2000.".
 Section 167 – Public servant framing an incorrect document with intent to
cause injury
 for the words "such public servant, charged with the preparation or
translation of any document, frames or translates that document", the
words "such public servant, charged with the preparation or translation
of any document or electronic record, frames, prepares or translates
that document or electronic record" shall be substituted.
 Section 172 – Absconding to avoid service of summons or other
proceeding

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 for the words "produce a document in a Court of Justice", the words

"produce a document or an electronic record in a Court of Justice" shall
be substituted.
 Section 173 – Preventing service of summons or other proceeding, or
preventing publication thereof
 for the words "to produce a document in a Court of Justice", the words
"to produce a document or electronic record in a Court of Justice" shall
be substituted.
 Section 175 – Omission to produce document to public servant by person
legally bound to produce it
 for the word "document" at both the places where it occurs, the words
"document or electronic record" shall be substituted.
 Section 192 – Fabricating false evidence
 for the words "makes any false entry in any book or record, or makes
any document containing a false statement", the words "makes any
false entry in any book or record, or electronic record or makes any
document or electronic record containing a false statement" shall be
substituted.
 Section 204 – Destruction of document to prevent its production as
evidence
 for the word "document" at both the places where it occurs, the words
"document or electronic record" shall be substituted.
 Section 463 - Forgery
 for the words "Whoever makes any false documents or part of a
document with intent to cause damage or injury", the words "Whoever
makes any false documents or false electronic record or part of a
document or electronic record, with intent to cause damage or injury"
shall be substituted.
 Section 464 – Making a false document

"A person is said to make a false document or false electronic record—

First—Who dishonestly or fraudulently—

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(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;
(c) affixes any digital signature on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of
the digital signature, with the intention of causing it to be believed that such
document or part of document, electronic record or digital signature was made,
signed, sealed, executed, transmitted or affixed by or by the authority of a
person by whom or by whose authority he knows that it was not made, signed,
sealed, executed or affixed.

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