CYBER CRIME

AND LAWS RELATING TO CYBER

CRIME
 DEFINITION
• Cyber crime may be defined as any criminal
activity that uses a computer either as an
instrumentality , target or means of
perpetrating further crime.
• It is an unlawful act wherein the computer is
either a tool or a target or both.
 COMPUTER AS A TARGET OF THE
CRIME
• These crime generally includes
1. Sabotage of computer systems or computer
networks
2. Sabotage of operating systems and programmes
3. Theft of data / information
4. Theft of intellectual property, such as computer
software
5. Theft of marketing information
6. Blackmailing based information gained from
computerized files
 COMPUTER AS AN INSTRUMENT
FACILITATING CRIME
• Computer is used as an instrument to commit
the crime.
• Terrorist and criminals are using internet
methods such as email to flesh out encrypted
messages around the world.
 GENERAL CLASSIFICATION
1. Cyber crime against persons e.g. stalking,
defamation , indecent exposure, e-mail
spoofing, cheating and pornography.
2. Cyber crime against all forms of property e.g.
computer vandalism, transmission of virus,
unauthorised access over computer system etc.
3. Cyber crime against State or society e.g.
possession of unauthorised information ,cyber
terrorism , distribution of pirated software etc.
 CYBER CRIME THAT ARE GENERALLY
COMMITTED IN THE CYBER SPACE
1. stalking- in stalking persistent messages are to unwilling
recipients thus causing annoyance, worry or mental
torture.
2. Hacking-seeking unauthorised access through computer
network. Forcefully taking over control of website of
someone else or the victim.
3. E-mail spoofing- misrepresentation of its origin. That is,it
shows its origin to be different from which it actually
originates.
4. Computer vandalism- vandalism means destroying or
damaging property of another. Physical damage done to
the computer of any person.
 PREVENTIVE LEGAL MEASURE
AGAINST CYBER CRIME
• INFORMATION TECHNOLOGY ACT,2000
1. Object of the Act is to prevent and control
cyber crime.
2.The Act is based on UNCITRAL model law on e-
commerce.
 OFFENCES AND THE PUNISHMENT
UNDER I T ACT,2000
1.Unauthorised Access(section 43A)- it means
gaining entry into, instructing or communicating with
the logical, arithmetical or monetary function
resources of a computer, computer system or
computer network.
The offence is completed when data, data-base or
information is downloaded ,copied or extracted
illegally from one computer to another.
Punishment- any person found guilty under this section
shall be liable to pay damages by way of compensation
not exceeding one crore rupees to the person so
affected.
 2.Failure to furnish information ,
return etc.(S.44)
• Where a person is required under the Act or
any rules made thereunder to furnish any
document, return and report and fails to
furnish the same, he shall be liable to pay
penalty not exceeding1.5 lakh rupees and for
each failure and in case of default, a penalty of
Rs.5000/for everyday during which such
failure or default continues.
 3. TEMPERING WITH COMPUTER
SOURCE DOCuMENTS(S.65)
• It includes knowingly or intentionally
i)Concealing
ii)Destroying
iii)Altering
Computer source document
• It is made punishable under the Act.
 4.HACKING(S.66)
• The offence is punishable under this Section
with imprisonment which may extend to three
years or with fine, which may extend to two
lakh rupees or with both.
 5.PUBLISHING OF INFORMATION
WHICH IS OBSCENE IN ELECTRONIC
FORM(S.67)
• Pornography on the internet is punishable
with imprisonment upto three years or with
fine which may extend to two lakh rupees, or
with both.
 6.FAILURE TO COMPLY WITH
DIRECTIONS OF CONTROLLER(S.68)
• This section authorises the controller to
intercept any computer resources whenever it
is expedient to do so. Failure to comply with
this render a person liable to imprisonment
for a term upto three years or fine upto Rs.5
lakh or with both.
 7. FAILURE TO ASSIST IN
DECRYPTION(S.69)
• Authority is authorised to intercept any
information in the interest of the sovereignty
or integrity of India.
• Contravention with this provisions of the
section shall be punishable with imprisonment
for a term which may extend to seven years.
 8.ACCESSING PROTECTED
SYSTEM(S.70)
• The appropriate government may, by notification
in the official gazette, declare any computer,
computer system or computer network to be
‘protected system’.
• Any person who secures access or attempts to
secure assess to a protected system in
contravention of the provisions shall be liable to
punishment with imprisonment of either
description which may extend to ten years and
shall be liable for fine.
 9. MISREPRESENTATION(S.71)
• Any misrepresentation while applying for a
digital signature certification to the controller
has been made an offence under this section.
• Person guilty of such misrepresentation shall
be punished with imprisonment for a term
which may extend to two years or with fine
which may extend to one lakh rupees or with
both.
 10.PENALTY FOR BREACH OF
CONFIDENTIALITY OR PRIVACY(S.72)
• Any person wrongfully secures access to any
electronic record,
book,register,correspondence,
information,document or other material in
contravention of the provisions of the Act
shall be punishable with imprisonment which
may extend to two years or with fine upto one
lakh rupees or both.
 11.PUBLISHING DIGITAL SIGNATURE
CERTIFICATE FALSE IN CERTAIN
PARTICULARS(S.73)
• The punishment may extend to imprisonment
upto two years or with fine which may extend
to one lakh rupees or both.
 12.PUBLISHING DIGITAL SIGNATURE
CERTIFICATE FOR FRAUDULENT
PURPOSES(S.74)
• The offender may be punished with
imprisonment for a term which may extend to
two years or with fine which may extend to
one lakh rupees or with both.
 INVESTIGATION OF CYBER CRIME
• Controller or certifying authority.
• The police officer, shuld not be below the rank
of DSP.(s.80)
 ADJUDICATING OFFICER
• Central govt. Has been empowered to appoint
any officer not below the rank of a director to
the govt. Of India or equivalent officer of the
state govt. as adjudicating officer.
 CYBER APPELLATE TRIBUNAL
• Any person aggrived with the order passed by
the A.O. May prefer an appeal to a CAT
constituted under S.57 of the Act.
• Time limit for filing such appeal is 45 days
from the date of such order.
• The tribunal shall try to dispose such matter
within six months from the date it is received
by it.