AN EMPIRICAL STUDY ON INCREASE OF CYBER CRIME IN

NEW DIGITAL INDIA

Presentation on Research Proposal

For Ph.D. Degree in the
Department of Law
Dr H S Gour Vishwavidyalaya , Sagar, M.P.
(A Central University)
December ,2021

Submitted By:
Brijbhushan Singh
1. INTRODUCTION:
• The term crime is denoted as [1] an unlawful act which is punishable by a state. However, certain purposes
have no statutory definition provided. Crime is also called as an offence or a criminal offence. It is harmful
not only to some individual but also to the community or the state. [2]
• The term ‘cybercrime’ is an umbrella term under which many illegal activities may be grouped together.
Because of the anonymous nature of Internet, there are many disturbing activities occurring in the cyberspace
which may enable the perpetrators to indulge in various types of criminal activities which are called as cyber
crimes. Some of the newly emerged cybercrimes are cyber-stalking, cyber-terrorism, e-mail spoofing, e-
mail bombing, cyber pornography, cyber-defamation etc. Thus, cybercrime means any unlawful act
wherein the computer is either a tool[3] , or a target[4] or both.
• A total of over 3.17 lakh cybercrimes and 5,771 FIRs were registered online through a centralized portal in
the last 18 months - a sizeable number of them in Maharashtra and Karnataka, the Lok Sabha was informed
on Tuesday [5].
• Sextortion, Imposting, Pornography; Tops the Cyber Crime List, Against Indian Youth In 2021, In the case
of sextortion, an imposter befriends a victim and then coerces them to perform sexual activities on camera,
which is then recorded without consent. These recordings are then used to blackmail the victim and extort
money.[6] 
1. en.wikipedia.org/wiki/Crime
2. David Wall, “Cyber crimes and Internet”, Crime and the Internet, by David S. Wall. ISBN 0-203-164504 ISBN 0-203-164504, Page no.1
3. Cybercrimes which involve computer as a tool are usually modification of conventional crimes such as drug trafficking, on-line gambling, financial fraud or forgery, cyber defamation,
pornography, intellectual property crimes, cyber-stalking, spoofing etc.
4. Nandan Kamath, “Dealing with Cyber Crime”, Chartered Secretary, July, 2003, p. 201
5. The Hindu E-paper, 9th March 2021
6. Sextortion, Imposting, Pornography; Tops the Cyber Crime List, Against Indian Youth In 2021 – Says India's Top Ethical Hacker and Cyber Security Expert Falgun Rathod (outlookindia.com)
2. STATEMENT OF THE PROBLEM:
The convergence of computer network and telecommunications facilitated by the digital technologies has
given birth to a common space called ‘cyberspace’. This cyberspace has become a platform for a galaxy of
human activities which converge on the internet. The cyberspace has, in fact, become the most happening
place today. Internet is increasingly being used for communication, commerce, advertising, banking,
education, research and entertainment.

There is hardly any human activity that is not touched by the internet. The growing importance of
Information Technology can be visualized from the fact that in India for the first time a Delhi based
businessman has made a digital will of the secret information saved in his e-mail account. Digital will is a
foreign concept which is gaining momentum in India also.1 Therefore, Internet has something to offer to
everybody and in the process it only increases and never diminishes.

The ‘cyber manthan’ has bestowed many gifts to humanity but they come with unexpected pitfalls. It has
become a place to do all sort of activities which are prohibited by law. It is increasingly being used for
pornography, gambling, trafficking in human organs and prohibited drugs, hacking, infringing copyright,
terrorism, violating individual privacy, money laundering, fraud, software piracy and corporate espionage,
to name a few.
COMMON CYBER CRIMES:
Unauthorized access and piracy: Unauthorized access means any type of access without the authorization of any legitimate or
responsible computer, computer system or computer network. Hacking means an illegal intrusion into a computer system and / or a
network.

Phishing: Phishing is the act of sending an e-mail to a user who falsely claims to be a legitimate company founded in an attempt to
defraud the user in providing private information that will be used for identity theft.

Sale of illegal items: This category of cybercrime includes the sale of drugs, weapons and wild animals, etc., by publishing information
on websites, auction and bulletin board websites or simply using e-mail communication.

Email spoofing: E-mail representation refers to e-mail that appears to come from a source but has actually been sent from another source.

Cyber Defamation: When a person posts a defamatory question about someone on a website or sends e-mails that contain defamatory
information to all of that person's friends, it is called cyber defamation.

Falsification: Computers, printers and scanners are used to counterfeit invoices, postal and entry labels, brand sheets, etc. They are
manufactured with high quality computers and scanners and printers.

Pornography: Pornography means showing sexual acts to cause sexual arousal. The definition of pornography also includes pornographic
websites, pornographic magazines produced using computers and Internet pornography provided via mobile phones.

Child pornography: Pedophiles attract children by distributing pornographic material and then try to meet them to have sex or take nude
photographs, including their participation in sexual positions. Pedophiles sexually exploit children, using them as sexual objects or taking
their pornographic photos to sell them on the Internet
 3. REVIEW OF LITERATURE : (Journal and Articles )
3.1 Khan, S. A. (2020, May). Cyber Crime in India: An Empirical Study. International Journal of Scientific & Engineering Research,
11(5), 690-694.
The researcher define the Cybercrime as an "illegal act in which a computer is a tool or a goal or both. he also argued that misuse of
technology in cyberspace has led to cybercrime both nationally and internationally. With the intention of regulating criminal activities in the
cyber world and protecting the technological advancement system, the Indian parliament approved the law on technological information,
2000.

3.2 Ali, M. M. (2016). Determinants of Preventing Cyber Crime: a Survey Research. International Journal of Management Science and
Business Administration, 2(7), 16-24. The researcher concluded his research on the determinants of preventing cyber crime among
Bumiputera entrepreneurs involved in the online business. With regards to the cyber crime issues that has been tremendously become a
national issue, thus, this research is carried out with the aim of identifying what are the determinants factor for preventing cyber crime to the
online business entrepreneur in Malaysia and Perak specifically.

3.3 Ramdinmawii, E., Ghisingh, S., & Sharma, U. (2014). A Study on the Cyber-Crime and Cyber Criminals: A Global Problem.
International Journal of Web Technology, 03, 172-179.
Cybercrime has caused lot of damages to individuals, organizations and even the Government. Cybercrime detection methods and
classification methods have came up with varying levels of success for preventing and protecting data from such attacks. Several laws and
methods have been introduced in order to prevent cybercrime and the penalties are laid down to the criminals. However, the study shows that
there are many countries facing this problem even today and United States of America is leading with maximum damage due to the
cybercrimes over the years

3.4. Anuraj Singh (2007), Volume 05, Issue 06, PP. 11273- 11279
The authors of this article claim that criminal activities or Internet related offenses / crimes are called cybercrime. To stop or punish cyber
. criminals, the term "Cyber Law" has been introduced. The authors believe that cyber law is the part of legal systems that deals with the
Internet, cyberspace and legal issues. It covers a large area, covering many secondary topics, as well as freedom of expression, Internet access
and use and online security or online privacy.
4.OBJECTIVE OF THE PROPOSED RESEARCH:
The Main objective of Study can be as follow
1. To trace the origin and development of cyber-crime.
2. To know the legal framework to prevent and control over cybercrime in Digital India.
3. To suggest the reforms and remedial measures for the prevention and control of cyber crime in Digital
India.

5. HYPOTHESIS:
4. Ho1: There is no significant relation between legal framework to prevent and control the cyber crime in Digital
India.
5. HA1: There is significant relation between legal framework to prevent and control the cyber crime in Digital India.
6. Ho2: There is no significant requirement of reforms and remedial measures to prevent and control the cyber crime
in Digital India.
7. HA2: There is significant requirement of reforms and remedial measures to prevent and control of cyber crime in
Digital India.
8. Ho3: There is no enough legal frame work to prevent and control of cyber crime in Digital India.
9. HA3: There is enough legal frame work to prevent and control of cyber crime in Digital India.
6. RESEARCH QUESTION:
1. What are the current legal framework to prevent the cyber crime in Digital India.
2. Why there are some loophole in current legal frame work
3. What the some new terminology in cyber crime and some modern way of cyber crime.
4. What are the role of Regulators and judiciary to prevent and control over the cyber crime.

7. TENTATIVE CHAPTER PLAN:

5. Introduction of cyber crime
6. Legal Framework in Cyber Crime
7. Review of Literature
8. Research Methodology
9. Limitation, Conclusion, suggestion and Future scope of Study
8. REFERENCES:
1. Khan, S. A. (2020, May). Cyber Crime in India: An Empirical Study. International Journal of Scientific &
Engineering Research, 11(5), 690-694.
2. Sarmahand Animesh and Baruah Jyoti (2017), Volume 04, Issue 06, PP. 1633-1640
3. Ali, M. M. (2016). Determinants of Preventing Cyber Crime: a Survey Research. International Journal of
Management Science and Business Administration, 2(7), 16-24. doi:10.18775/ijmsba.1849-5664-
5419.2014.27.1002
4. Ramdinmawii, E., Ghisingh, S., & Sharma, U. (2014). A Study on the Cyber-Crime and Cyber Criminals: A
Global Problem. International Journal of Web Technology, 03, 172-179.
5. Sarmahand Animesh and Baruah Jyoti (2017), Volume 04, Issue 06, PP. 1633-1640.
6. David Wall, “Cyber crimes and Internet”, Crime and the Internet, by David S. Wall. ISBN 0-203-164504
ISBN 0-203-164504, Page no.1
7. Cybercrimes which involve computer as a tool are usually modification of conventional crimes such as drug
trafficking, on-line gambling, financial fraud or forgery, cyber defamation, pornography, intellectual property
crimes, cyber-stalking, spoofing etc.
8. Nandan Kamath, “Dealing with Cyber Crime”, Chartered Secretary, July, 2003, p. 201
9. The Hindu E-paper, 9th March 2021
10. Sextortion, Imposting, Pornography; Tops the Cyber Crime List, Against Indian Youth In 2021 – Says India's
Top Ethical Hacker and Cyber Security Expert Falgun Rathod (outlookindia.com)