INTRODUCTION

Crime and criminality have been associated with man since his fall. Crime remains elusive and ever
strives to hide itself in the face of development. Different nations have adopted different strategies
to contend with crime depending on their nature and extent. One thing is certain, it is that a nation
with high incidence of crime cannot grow or develop. That is so because crime is the direct opposite
of development. It leaves a negative social and economic consequence.

CYBERCRIME
Cybercrime is defined as crimes committed on the internet using the computer as either a tool or a
targeted victim. It is very difficult to classify crimes in general into distinct groups as many crimes
evolve on a daily basis. Even in the real world, crimes like rape, murder or theft need not
necessarily be separate. However, all cybercrimes involve both the computer and the person behind
it as victims, it just depends on which of the two is the main target.
Hence, the computer will be looked at as either a target or tool for simplicity’s sake. For example,
hacking involves attacking the computer’s information and other resources. It is important to take
note that overlapping occurs in many cases and it is impossible to have a perfect classification
system.

• Computer as a tool

When the individual is the main target of Cybercrime, the computer can be considered as the tool
rather than the target. These crimes generally involve less technical expertise as the damage done
manifests itself in the real world. Human weaknesses are generally exploited. The damage dealt is
largely psychological and intangible, making legal action against the variants more difficult. These
are the crimes which have existed for centuries in the offline. Scams, theft, and the likes have
existed even before the development in high-tech equipment. The same criminal has simply been
given a tool which increases his potential pool of victims and makes him all the harder to trace and
apprehend.

• Computer as a target
These crimes are committed by a selected group of criminals. Unlike crimes using he computer as a
tool, these crimes requires the technical knowledge of the perpetrators. These crimes are relatively
new, having been in existence for only as long as computers have - which explains how unprepared
society and the world in general is towards combating these crimes. There are numerous crimes of
this nature committed daily on the internet. But it is worth knowing that Africans and indeed
Nigerians are yet to develop their technical knowledge to accommodate and perpetrate this kind of
crime.

OBVIOUS CYBERCRIMES CATEGORIES AS OBSERVED IN SOME CYBER CAFES IN

NIGERIA.

There are so many varieties of crimes that are committed on the internet daily, some are directed to
the computer while others are directed to the computer users. In this study, I have identified some
common crimes committed daily in Nigerian networks.

1. SPAMMING
Spamming is the act of sending unsolicited messages to many users at a time, possibly up to
thousands, with the usual intention of advertising products to potential customers. Spamming can
also be used as a form of irritation by singling out an email address and sending the owner of that
address hundreds of emails per second. Spamming is usually random and untargeted but it can be
targeted to either a group of people, for example, advertisements that cater for a particular group of
people, or certain persons, like in the case of spamming for the purpose of irritating the public.
Contrary to popular belief, spamming has existed in Nigeria even before the advent of the Internet.
During the period I spent working as a casual security staff with the Nigeria Postal Service
(NIPOST), we (mail security staff) were asked to make sure that letters sent by some individuals be
destroyed upon investigation. I was curios and decided to open one of the letters one day and see
what the content really was; you can guess what the content of the letter was! Junk mail to postal
addresses and annoying door-to-door salesmen are some examples of the more traditional form of
spam. However, the Internet has given spam a much uglier face. Now, what used to be a minor
irritation has become a veritable menace. The internet has enabled young Nigerians to become
active cyber criminals. They queue up in cyber cafes to send “419 mails.” (Nigerian word for
fraudulent businesses online).

CATEGORIES OF SPAMMERS
Spammers are classified into two major faces;
a. Hucksters
The hucksters are characterized by a slow turnaround from harvest to first message (typically at
least 1 month), a large number of message being sent to each harvested spamtrapped addresses, and
typical product based spam (i.e spam selling an actual product to be shipped or downloaded even if
the product itself is fraudulent).
b. Fraudsters

The fraudsters are characterized by an almost immediate turnaround from harvest to first message
(typically less than 12 hours), only a small number of messages sent to each harvested addresses,
and fraud based (e.g phishing, “advanced fee fraud”-419 from the Nigerian perspective). Fraudsters
often harvest addresses and send only a message to them all at a particular time. In this process,
they use e-mail addresses harvesting software like: advanced e-mail extractor pro, extreme e-mail
extractor. Since most of the available email clients support emails separator with the comma (,),
another software is introduced in the process. This software allows the criminals to separate their
harvested email addresses with the comma character. A good software for this purpose is the e-mail
extractor lite1.4.

2 PIRACY
Piracy involves the illegal reproduction and distribution of software applications, games, movies
and audio CDs. (Longe, 2004).
This can be done in a number of ways. Usually pirates buy an original version of a software, movie
or game and illegally make copies of the software available online for others to download and use
without the notification of the original owner of the software. This is known as Internet piracy or
warez.

The term “warez” describes commercial software, movies and games that has been modified by a
cracker and made freely available to the public on the Internet. The word came from the word
“wares” but, as with “phishing”, the hacker/cracker community altered the original word just
enough to claim it as its own.
Modern day piracy may be less dramatic or exciting but is far subtler and more extensive in terms
of the monetary losses the victim faces. This particular form of cybercrime may be the hardest of all
to curb as the common man also seems to be benefiting from the crime. A typical Africa person
would stop at nothing to download “free software, musicals, movie” or related items. The reason is
that, the taxation system in most African countries is ineffective and people grow up to believe
paying tax and other bills are a way the government use to oppress the poor citizens.

THE VICTIMS
Victimology is a very important branch of criminal psychology. It is as important, if not more, to
know whom the criminal is likely to target. Preemptive action can only be taken by the law if they
know who is likely to commit crime as well as who is likely to be targeted. All criminals – at least
the intelligent ones – will only attack those who exhibit certain vulnerabilities. Just as a robber will
never think of robbing someone who is armed, so are cybercriminals careful about the personalities
of those they choose to prey on.
I have identified four levels of cybercrime victims. They are;
1. Gullible
2. Desperados
3. Inexperienced
4. Unlucky people

1. The Gullible
There is no doubt that cybercriminals are most fond of people who are easy to deceive. During the
period of this research, I interviewed some cyber criminals in four cyber cafes in Nigeria and what I
was told was this “yahoo-yahoo business is all about deceipt, if you are gullible, then you become
my mahi..” On a more obvious level, phishers are best able to fool such people into buying their
scams or being drawn into legal traps. Spammers send multiple e-mail messages to harvested email
addresses and the gullible fall prey to the contents of the email. Usually older people are prone to
being scammed as they are more trusting and helpful towards others.
On a more dangerous level, however, many especially children believe that the people they meet on
the net are as friendly and worthy of trust as real people. Almost all victims of cyberstalkers are
prone to trusting people and making friends easily.

2. Desperados and greedy people

Many internet users are desperate for easy ways to make cash. Hence, they easily fall for emails that
say things like “Get rich fast!”, “CONGRATULATIONS ON YOUR LOTTO WINNING” and all
of those stuffs. Come to think of it if you did not take part in any lottery program, how come
someone is telling you congratulations for winning? Greedy and desperate people will always fall to
this level of scam and follow the instructions in the emails which most others are likely to treat as
junk. They are almost definitely being led to legal and financial entanglements out of which only
the perpetrator will make profits. There are others who are attracted to advertisements related to
improving one’s physical image. Ridiculous products such as “cheap, effective breast enlargements”
etc. claim to boost their self-esteem at minimum cost. This explains why there are so many of such
emails in circulation these days. These adverts are almost certainly nothing more than means to
extract credit card numbers and render the reader bankrupt.

3. Unskilled and Inexperienced

There are a lot of people in the world today whose knowledge of the Net is just enough to chat with
their friends and maybe get information from here and there. They are ignorant of the fact that most
people they meet online are criminals who hide under the shades of the internet to perpetrate
different crimes. Lots of people have been raped by sex seeking individuals on the internet. That’s
reminds me, I remember an instance during my work in one of the most populous cyber café in
Benin City, the capital of Edo State, a particular lady would come to the café and request for private
system, when I monitored her activities, I discovered she was just an unskilled and inexperienced
lady who was deceived by an American guy to always go naked for him and show herself in a web
cam and she always did. What a shame!

4. Unlucky people
There are also people who fulfill none of these categories but are just unlucky enough to be at the
wrong place at the wrong time, in cyberspace that is. These categories of victims believe they are
meeting legitimate business associates only to be deceived by the variants. Also, a full-scale of
attack or a self-replicating and highly advanced virus can cause great damage to networks or PCs
and the individual may not in anyway be blame.

PREVENTION
Apart from his own mentality and the strength of his motivations, the criminal also needs to see the
path of crime ahead of him clear of obstacles. If every single individual were to put up obstacles of
their own, no matter how small, the crime path will seem to be far less lucrative in the eyes of even
the most desperate criminal. The fight against cybercrime must start with preventing it in the first
place.

Users
The individual should be proactive, not reactive. You do not have to remain at the receiving end of
crime forever. The fight against cybercrime starts in your very own home. Individuals should not
reply any e-mail from unknown persons, they should learn to report spam mails to the e-mail server
or any know cybercrime research sites. If there is one thing that makes committing cybercrime
lucrative, it is the fact that victims rarely have the required knowledge or presence of mind to
handle the situation.

Law update
One of the biggest challenges the African government and other nations faced is the enactment of
adequate cyberspace laws. For instance, the government of Nigeria under the leadership of
President Olusegun Obasanjo, has gone a long way to fighting cybercrimes and offline crimes. The
Economic and Financial Crime Commission (EFCC) of Nigeria since its establishment has been on
top of the game of fighting crimes. Several of these criminals have been trapped down by the EFCC
and many are also declared wanted by the commission. But the EFCC should be fast in the
cybercrime laws they earlier sent to the National Assembly for review. Another major challenge
faced by government bodies today with regard to cybercrime is the fact that laws and statutes are by
nature rigid and long-standing. Cybercrime is evolving every single day and even if new laws are
created to tackle a particular crime, it can be circumvented in a matter of weeks. But some countries
have made a head start in this area, Australia for example have updated laws that include cyber
crimes.

The Nigerian Cybercrime facts

When efforts are being made to remove the rebellious shoot of the proverbial tump, it obstinately
sprouts another. So is cybercrime, which has continued to grow by leaps and bounds, just as the
government frantically keeps on fighting financial crimes. Cybercrime has continued to dent the
image of Nigeria abroad. When the internet was been introduced some years back, we were told of
great opportunities it will bring to Nigeria and Nigerians, but now we only see and read in papers
how the internet has reduced Nigeria reputable internationally. Recently a report indicated that
Nigeria is losing about $80 million (N11.2 billion) yearly to software piracy. When you come across
phrases like “Nigerian scam”, the assumption that crosses your mind is that all (or conservatively,
most) scam email originate from Nigeria or Nigerians. It is even alarming to know that 80% of
perpetrators in Nigeria are students in various Higher Institutions who maybe were distracted by
some hidden factors. I noticed one common characteristic among most of the cybercriminals I
interviewed (indirectly) during the period of gathering materials for this work… it is their desire for
“cars” and “powerful camera phones”.

Like I do teach people, the best way to fight crime is to be at the scene of crime. Cybercrime is not
“armed robbery”, not “pen and paper crime” and should not be handle as such. Fighting Cybercrime
requires intelligent knowledge and that has to be IT intelligence. What I mean is this, men of the
regular Police force should not be allowed to investigate crimes committed over the internet. IT
experts should be recruited into law enforcement agencies to assist in the fight.
Corruption in India
For Prelims: Corruption Perception Index,Transparency International, Democracy, Corruption

For Mains: Transparency & Accountability in Governance,Common Causes of Corruption and its
Prevention in India.

What is the Context?

The Prime Minister of India, in his 76th Independence Day address, targeted the twin challenges of
corruption and nepotism and raised the urgent need to curb them. Also, Corruption Perception
Index (CPI) 2023 was released by Transparency International.

Overall, the index shows that control of corruption has stagnated or worsened in most
countries over the last decade. India Corruption Perceptions Index was 40 index points in
2023.

What is Corruption?

Corruption is dishonest behaviour by those in positions of power. It starts with the tendency of
using public office for some personal benefit.

Moreover, it is unfortunate that corruption has, for many, become a matter of habit. It is so deeply
entrenched that corruption is now considered a social norm. Hence, corruption implies the
failure of ethics.

What are the Reasons Behind Corruption in India?

Lack of Transparency: A lack of transparency in government processes, decision-making, and

public administration provides fertile ground for corrupt practices. When actions and decisions are
shielded from public scrutiny, officials may engage in corrupt activities with reduced fear of
exposure.
Weak Institutions and ineffective legal frameworks: Many of India's institutions responsible
for enforcing laws and regulations are either weak or compromised. This includes law enforcement
agencies, the judiciary, and oversight bodies. Weak institutions can fail to hold corrupt individuals
accountable and may even facilitate corruption.
A perception of impunity due to the inadequate punishment of corrupt individuals can
encourage further corruption. When individuals believe they can get away with corrupt
practices, they are more likely to engage in them.
Low Salaries and Incentives: Public officials, especially those in lower-ranking positions, are
sometimes paid low salaries. This can make them more susceptible to bribery and other corrupt
practices, as they may see corruption as a means to supplement their income.
Bureaucratic Red Tape: Lengthy and convoluted bureaucratic procedures and excessive
regulations can drive individuals and businesses to engage in corrupt practices to expedite
processes or bypass obstacles.
 India's complex economic environment, which involves various licences, permits, and
approvals, can create opportunities for corruption. Businesses may resort to bribery to
navigate this environment.
Political Interference: Political interference in administrative matters can compromise the
autonomy of government institutions. Political leaders may pressure officials to engage in corrupt
activities for personal or party gain.
Cultural Factors: There can be a cultural acceptance of corrupt behaviour in certain contexts,
which perpetuates corruption. The notion that "everyone does it" can lead individuals to
engage in corruption without feeling morally compromised.
Lack of Whistleblower Protection: Inadequate protection for whistleblowers can deter
individuals from reporting corruption. The fear of retaliation can silence potential whistleblowers
and allow corruption to thrive.
Social Inequality: Social and economic disparities can contribute to corruption, as individuals
with wealth and power may use their influence to secure preferential treatment and engage in
corrupt practices without repercussions.

What are the Reasons for the Prevalence of Corruption in Civil Services?

Politicisation of Civil Services: When civil service positions are used as rewards for political
support or swapped for bribes, the opportunities for high levels of corruption increase
significantly.
Lower Wages: Lowering wages for civil servants compared to those in the private sector. Certain
employees may resort to taking bribes in order to compensate for the difference in wages.
Administrative Delays: Delays in the clearance of files are the root cause of corruption as
common citizens are coerced to grease the palm of erring officials and authorities for expedited
clearance of the files.
Colonial Legacy of Unchallenged Authority: In a society which worships power, it is easy for
public officials to deviate from ethical conduct.
Weak Enforcement of Law: Various laws have been made to curb the evil of corruption but their
weak enforcement has acted as a hindrance in curbing corruption.

What can be the Impact of Corruption?

On People and Public Life:

Lack of Quality in Services: In a system with corruption, there is no quality of
service.
To demand quality, one might need to pay for it. This is seen in many areas like
municipality, electricity, distribution of relief funds, etc.
Lack of Proper Justice: Corruption in the judiciary leads to improper justice and the
victims have to bear the brunt of it ultimately.
A crime may be proved as a benefit of the doubt due to a lack of evidence or
even the evidence erased.
Poor Health and Hygiene: In countries with more corruption, one can notice more
health problems among people. There will be no fresh drinking water, proper roads,
quality food grains supply, milk adulteration, etc.
These low-quality services are all done to save money by the contractors and the
officials who are involved.
Failure of Genuine Research: Research by individuals needs government funding and
some of the funding agencies have corrupt officers.
These people sanction the funds for research to those investigators who are ready
to bribe them.
On Society:
Disregard for Officials: People start disregarding the officials involved in corruption and
also the administrative set up which creates distrust in the system.
Lack of Respect for Government: Top brass leaders of the nation like the President or
Prime Ministers lose respect among the public. Respect is the main criteria in social life.
Lack of Faith and Trust in Governments: People vote for a leader based on their faith
in him/ her, but if leaders are found to be involved in corruption, people lose faith in them
and may not vote next time.
 Aversion for Joining the Posts Linked to Corruption: Sincere, honest, and
hardworking people develop an aversion for the particular posts deemed corrupt.
On Economy:
A Decrease in Foreign Investment: Corruption in government bodies has led to many
foreign investments going back from developing countries.
Delay in Growth: An official who needs to pass clearances for projects or industries
delays the process in order to make money and other unlawful benefits.
This leads to delays in investments, the starting of industries, and also growth.
Lack of Development: Funds allocated for infrastructure projects often get syphoned off
due to bureaucratic lethargy and administrative inefficiency, which acts as ditherer for the
investors such that the profit to investment ratio is minimised significantly.
Due to lack of proper roads, water, and electricity, the companies do not wish to
start up there, which hinders the economic progress of that region.

//

Image: Changes in Levels of Corruption In India and Other Countries as per the Corruption
Perceptions Index over the past decade.

What are the Legal and Regulatory Frameworks for Fighting Corruption in
India?

Legal Framework:
Prevention of Corruption Act, 1988 provides for penalties in relation to corruption by public
servants and also for those who are involved in the abetment of an act of corruption.
Amendment of 2018 criminalised both bribe-taking by public servants as well as
bribe-giving by any person.
Prevention of Money Laundering Act, 2002 aims to prevent instances of money laundering
and prohibits use of the 'proceeds of crime' in India.
The Companies Act, 2013 provides for corporate governance and prevention of corruption
and fraud in the corporate sector. The term 'fraud' has been given a broad definition and
is a criminal offence under the Companies Act.
The Indian Penal Code, 1860 sets out provisions which can be interpreted to cover bribery
and fraud matters, including offences relating to criminal breach of trust and cheating.
The Benami Transactions (Prohibition) Act, 1988 the Act precludes the person who
acquired the property in the name of another person from claiming it as his own.
Regulatory Framework:
Lokpal and Lokayuktas Act, 2013: It provides for an establishment of a Lokpal (centre) and
Lokayuktas (state).
They perform the function of an "ombudsman” and inquire into allegations of
corruption against certain public functionaries and for related matters.
Central Vigilance Commission: Its mandate is to oversee the vigilance administration
and to advise and assist the executive in matters relating to corruption.
 Criminal Law (Amendment) Act, 1952: The punishment specified under Section 165 of
IPC was enhanced to three years instead of the existing two years.
Amendments in 1964: The definition of ‘Public Servant’ under the IPC was
expanded. The definition of ‘criminal misconduct’ was expanded and possession of
assets disproportionate to the known sources of income of a public servant was
made an offence.

What is the Importance of Ethics in Preventing Corruption?

Establishing Moral Boundaries: Ethical principles provide a framework for defining what is right
and wrong. In the context of corruption, ethics set clear boundaries that distinguish acceptable
behaviour from unethical or corrupt conduct.
Promoting Accountability: Ethics demand that individuals take responsibility for their actions
and decisions. When people are guided by ethical principles, they are more likely to be transparent
and accountable for their actions, reducing the likelihood of engaging in corrupt behaviour that
could harm others.
Fostering Transparency: Transparency is a core ethical principle. Ethical organisations and
individuals are more likely to operate openly and honestly, making it difficult for corruption to
thrive in an environment where actions and decisions are subject to scrutiny.
Building Trust: Trust is a cornerstone of ethical behaviour. When individuals and institutions are
perceived as trustworthy, they are less likely to engage in or tolerate corruption. A high level of
trust in society reduces the temptation for corruption.
Encouraging Civic Virtue: Ethical values promote civic virtue, which encourages individuals to
act in the best interest of society rather than pursuing personal gain at the expense of others. Civic
virtue is a powerful deterrent to corruption.
Supporting Rule of Law: Ethical behaviour upholds the rule of law and respect for legal and
regulatory frameworks. Corrupt practices often involve circumventing or violating the law, and
adherence to ethics reinforces respect for legal norms.
Whistleblower Protection: Ethical organisations and governments prioritise protecting
whistleblowers who report corruption. Ethical values encourage reporting unethical behaviour,
which is vital for uncovering and addressing corruption.
Global Reputation: On an international scale, ethical behaviour is essential for a nation's
reputation. Countries known for ethical governance and low corruption levels are more attractive
to foreign investment and collaboration.
Long-Term Sustainability: Corrupt practices often provide short-term gains but can lead to long-
term harm. Ethical behaviour is essential for the sustainable development and prosperity of
societies.

What are Nolan Committee Recommendations on Standards in Public Life and

Prevention of Corruption?

Nolan Committee in 1995 in United Kingdom outlined Seven Ethical and Moral values to be
incorporated by the Public functionaries, Officials, Civil Servants, Bureaucrats, Civil Society and Citizens in
order to weed out corruption:

Selflessness: Holders of public office should take decisions solely in terms of public interest.
Integrity: Holders of public office should not place themselves under any financial or other
obligation to outside individuals or organizations that might influence them in the performance of
their official duties.
Objectivity: In carrying out public business, including making public appointments, awarding
contracts or recommending individuals for rewards and benefits, holders of public office should
make choices on merit.
Accountability: Holders of public office are accountable for their decisions and actions to the
public and must submit themselves to whatever scrutiny is appropriate to their office.
Openness: Holders of public office should be as open as possible about all the decisions and
actions they take. They should give reasons for their decisions and restrict information only when
the wider public interest clearly demands.
Honesty: Holders of public office have a duty to declare any private interests relating to their
 public duties and to take steps to resolve any conflicts arising in a way that protects the public
interest.
Leadership: Holders of public office should promote and support these principles by leadership
and example.

What are the Recommendations of the Second ARC to Tackle Corruption?

The Second Administrative Reforms Commission (2nd ARC), an advisory body in India, made
several comprehensive recommendations to address the issue of corruption and improve the integrity and
efficiency of the public administration. These recommendations aim to prevent corruption and enhance
transparency and accountability in government operations. Here are some of the key
recommendations made by the 2nd ARC:

Strengthening Anti-Corruption Measures:

Whistleblower Protection Act, 2014: The 2nd ARC recommended amendments to the
Whistleblowers Protection Act to enhance protection and incentives for whistleblowers. This
includes safeguarding them from harassment and providing financial rewards.
Central Vigilance Commission (CVC): The 2nd ARC recommended strengthening the CVC's
role in preventing and combating corruption by giving it more independence, resources,
and authority.
Central Bureau of Investigation (CBI): The commission suggested measures to ensure the
CBI's autonomy and effectiveness in handling corruption cases.
Reducing Discretion:
Standard Operating Procedures (SOPs): The 2nd ARC recommended the development
of clear SOPs for government processes and services to minimise the discretionary powers
of officials. This reduces the scope for corruption and arbitrary decision-making.
Use of Technology: Leveraging technology and e-governance can reduce human
interface and discretion in government transactions. The commission encouraged the
adoption of electronic methods to reduce corruption opportunities.
Police Reforms:
Police Accountability: The commission highlighted the need for comprehensive police
reforms to enhance the integrity and effectiveness of law enforcement agencies. This
includes measures to increase transparency, accountability, and professionalism in the
police force.
Community Policing: Promoting community policing can build trust between the police
and the public, reducing opportunities for corruption and abuse of power.
Promoting Ethical Governance:
Code of Ethics: The commission recommended the development of a code of ethics for
public officials and employees to promote ethical behaviour.
Citizen Charters: Encouraging government departments to adopt citizen charters can
enhance accountability and improve public service delivery.
Public Awareness Campaigns:
Media and Education: The commission suggested using media and educational
institutions to create awareness about the detrimental effects of corruption and the
importance of ethical conduct.
Strengthening Parliamentary Oversight:
Parliamentary Committees: Strengthening the role of parliamentary committees in
scrutinising government operations and expenditure can help detect and prevent
corruption.
E-Governance and Digitalization:
Digital Transformation: The 2nd ARC recommended a comprehensive digital
transformation of government processes to reduce human intervention and opportunities
for corruption.

UPSC Civil Services Examination, Previous Year Questions (PYQs)