Cyber Crime

By: Dr. Sunowar Ameer

 Definitions
• An offence that is committed on or with the help of computer or
internet.
• According to Pavan Duggal, “cyber crime is species and the
conventional crime is genus, where the computer is either an object or
a subject of the cyber criminal activities”.
• As regard to the ideal definition of the term cyber crime the
Information Technology Act, 2000 is silent. However, the general
definition of cybercrime may be “an unlawful act wherein the
computer is either a tool or a target or both”.
• Prof. S.T. Vishwanath has defined cyber crime in three different ways:
a) Any illegal action in which a computer is the tool or object of the crime i.e. any
crime, the means or purpose of which is to influence the function of a computer,
b) Any incident associated with computer technology in which a victim suffered or
could have suffered loss and a perpetrator, by intention, made or could have
made a gain,
c) Computer abuse is considered as any illegal, unethical or unauthorized
behavior relating to the automatic processing and transmission of data.
•The U.N. Congress on Prevention of Cybercrime and Treatment of Offenders defined Cybercrime as follows:
1) In narrow sense, cybercrime connotes a computer crime, which includes any illegal behavior directed by
means of electronic operations that targets the security of computer systems and the data processed by them.
2) In broader sense, cybercrime includes all computer related crimes and consists of any illegal behavior
committed by means of or in relation to, a computer system or network, including such crimes as illegal
possession and offering or distributing information by means of a computer system or network.

In the Indian context, cybercrime is a willful and voluntary act or omission that adversely affects a property or
person or computer system, which is made punishable by the Information Technology Act, 2000.
 Characteristics of cyber Crimes
1. Low risk high rewarding ventures
• The most outstanding characteristic of cybercrime is that they are comparatively easy to
commit, difficult to detect and even harder to prove. The computer criminals with basic
computer knowledge and skill can easily destroy valuable database causing massive loss or
damage to the victims of the crime.
2. Physical presence not required
• The cybercrime can be committed even from a remote place without the requirement of its
doer’s physical presence at the scene of crime.
3. Lack of awareness among victims
• Most of the time, the cybercrime victim is unaware of the incident because of lack of
adequate skill and knowledge in operating the computer system.
4. Lack of hi-tech skills among investigating agencies
• The detection of cybercrimes requires technical skill which the investigators generally be
short of.
5. Victims refrain from reporting cases
• Generally the party or the organization victimized by the cybercrime refrain itself from
reporting it to the police for the fear of unfavorable publicity or possibility of the loss of
public trust in them. The unwillingness of the victims to come forward and file a police
complaint further aggravate the degree of the problem of cybercrime detection and control.
6. No violence is involved
• Unlike the conventional crime, the cybercrime does not involve any violence because it is an
outcome of greed, mischief and exploiting the weakness of the victim.
7. No territorial boundaries
• In most of the cases, the cyber criminals stay out of reach of law because of
the lack of territorial boundaries of internet. The lack of territorial
boundaries increases the complexity of the cyber crimes.
8. Anonymity and Openness
• The computer network used for information distribution has the feature of
anonymity and openness which make it easy and suitable for the criminal to
indulge in crime without being recognized or known to the computer user
who is a prey of his illegal activity
9. Paucity of authentic evidence
• The information over internet is exchanged in the form of electronic data,
therefore there remains no trace of data once it is wiped out and the damage
of this sole evidence enables the criminal to remain hidden and escape
criminal prosecution.
10. Wider ramifications
• The variety of cybercrime is wide enough that affect the socio-economic as
well as the legal rights of the people.
 Questions

•Why cyber crime is increasing?

•What is the present scenario?
 Scope of cybercrime
•The incidence of cyber crime is directly related to the advancement in the field of computer technology. The
United Nations Report stated that more than 50% of the websites in Canada, United States and European countries
have experienced the security breach and cyber terrorism poses a serious challenge before the law enforcement
agencies. In recent years, a new trend has developed that the militants are taking terror training from internet. They
are using the technology and internet in educating the recruits in cyber terrorist’s training camps.
•An internet and security expert, Gabriel Weimenn, who is an educationist in the University of Mainz in Germany
and has studied militants use of websites for a decade, while addressing the internet security personnel said that
the websites and chat rooms used by militant Islamic Groups like Al-Qaida are not only used for dissemination of
propaganda, but also for terrorist education. He lamented, that “Al-Qaida has launched a practical website that
shows how to use weapons, how to carry out a kidnapping and how to use fertilizers to make a bomb”.
• The cyber offences have already become an area of serious concern for most of the countries of the world,
and India is no exception to it. The first thing that has to be taken into consideration while deciding whether a
particular computer related activity is a cyber crime is that a distinction must be drawn between what is
illegal and what is unethical. It is only when an activity is truly illegal that should be treated as crime and the
prosecution of the offender must be sought. Therefore, criminal law should be implemented with restraint in
determination of cases that relate to cyber law.
• In the absence of an internationally acknowledged definition of cybercrime or computer crime, there has been
a great deal of debate amongst the legal experts on the term ‘computer misuse’ and ‘computer abuse’, which
are frequently used in the context of cyber crime. However, the practice in trend in this regard is to hold that
the two terms have different implications. The criminal law applicable to computer related crime must make a
distinction between incidental misuse of a computer system, negligent misuse and intentional misuse of
computer system and it is the later, which should be treated as a crime and not the former two. As a
consequence of this distinction, it is the abuse of a computer system which should be treated as criminal
behavior liable to be punished by law and not the behavior which causes annoyance or distress to the
computer user
 Causes of cybercrime
1) Huge data storage capacity
2) Wider access to information
3) Complexity of computer systems
4) Negligence of network users
5) Non-availability or loss of evidence
6) Jurisdictional uncertainty
 Elements of Cyber Crime and Criminal Liability

• There are two elements of crime namely, mens rea and actus reus with certain exceptions. For e.g. in the offence of
conspiracy only mens rea is enough for imposing criminal liability whereas in crimes against state like false
evidence, counterfeiting coin, white collar crime etc. only actus reus is sufficient to inflict criminal liability. The
universal rule of criminal law is that no person is to be convicted of a crime unless it is proved beyond all doubt by
the prosecution that the conduct (act or omission) is prohibited by criminal law and is liable for the same and that
had a defined state of mind in relation to the crime commission. Thus, actus reus without mens rea is not a crime.
• Actus reus + Mens rea = Crime
• Actus reus + No Mens rea = No Crime
• No Actus reus + Mens rea = No Crime
• According to J.C. Smith and B. Hogan actus reus is the result of human conduct as the law seeks to prevent. In the
case of cyber crime, it is very hard to prove both elements of crime.
 Actus Reus & Mens Rea

Actus Reus
The actus reus of cyber crime is very dynamic. For e.g. when with a keyboard and mouse one start functioning with computer and
is attempting access to information on other’s computer without the permission or approval of the authorized person or is
attempting for hacking or flowing viruses to commit cyber crime and actually caused those acts etc. are human conduct or actus
reus in cyberspace which law seeks to prevent i.e. they are actus reus of cyber crimes.
Mens Rea
Another essential element of cyber crime is Mens rea. According to Smith and Hogan, for actus reus a person could be held liable
for any injury without proof of mens rea or guilty state of mind. In modern Common Law, this concept has changed and now
blameworthy mind is an essential element for commission of crime and imposition of penalty. The term ‘mens rea’ is not used and
defined in the Indian Penal Code, 1860. However, the words used like fraudulently, dishonestly, knowingly, recklessly,
intentionally etc. represent mens rea. For e.g. while committing hacking, the hackers have knowledge or intention of unauthorized
access and thereby commit cyber crime.
• Is mens rea necessary for cyber crime?
• Where?
 Categories of Cyber Crimes

Cyber crime can be categorized into two ways :

a) The computer as a target:- In this form computer in used to attack

other computers e.g. Hacking, Virus/worm attacks, Denial of
service(DOS) attack etc.
b) The computer as a Weapon:- In this form, computer is used to commit
real world crimes e.g. Cyber Terrorism, I.P.R. Violations, credit card
frauds, EFT frauds, pornography etc.
 Classification Of Cyber Crime

1. Cyber crime against persons

Following are the certain offences which affect the personality of individuals:
• Cyber-Stalking: It means harassing someone through the use of computer technology such as internet, e-mail,
phone, text massages, webcam, websites or videos. Cyber-stalking includes threats, solicitation for sex, false
accusations, defamation, slander, libel, identity theft, and vandalism. It is often used in combination with offline
stalking, as both are an expression of a desire to control, intimidate, or manipulate a sufferer. A cyber-stalker
may be a person with whom the victim is familiar, or a complete stranger. Cyber-stalking is a criminal offense.
There are several types of cyber-stalking, which include:
a) Harassing the victim
b) Humiliating the victim
c) Exerting monetary control by emptying the sufferer’s bank accounts, or by ruining his credit
d) Isolating the injured party by harassing his family, friends, and employer
e) Terrifying the sufferer by using scare tactics and threats.
 Dissemination of Obscene Material: The literal meaning of the expression obscene is "words, thoughts,
books, pictures, etc. sexually indecent, repulsive and offensive, which is likely to corrupt. Further, the
Supreme Court has stated that obscene means "offensive to modesty or decency, livid, filthy, and repulsive".
The test of obscenity is this, whether the tendency of the matter charged as obscene is to corrupt those
whose mind are open to such immoral influences, and into whose hands a publication of this sort may fall.
The dissemination of obscene material includes exposure of indecent material or Pornography (child
pornography), hosting of web site containing these prohibited materials. These obscene materials may cause
harm to the mind of the children, adolescent as well as adults and tend to corrupt their mind.
 Defamation: The word defamation is used to describe the injury that is caused to the reputation of a person
in the eyes of a third person. The wrong can be done by words oral or written, or by signs or by visible
representations. The person making the defamatory statement must intend to lower the reputation of the
person against whom the statement has been made in the eyes of the public. The concept of Cyber
defamation is new but the traditional definition of the word defamation is application to the cyber
defamation as well because it involves defamation of a person through a new and a virtual medium.
 •The expression ‘cyber defamation’ means publishing the defamatory material against another person with the aid of
computers or internet. If somebody publishes the defamatory statement about some other person on a website or send e-
mails containing defamatory material to other persons with the purpose to defame the other person about whom the
statement has been made amount to the offence of cyber defamation. The damage caused to a person by publishing a
defamatory statement about him on a website is widespread and irreparable because the information on internet is
available to the entire world. Cyber defamation affects the community as a whole and not merely the victim. It also
affects the economy of a country depending upon the information published and the victim against whom the information
has been published.
 •Cyber defamation can be committed by the following mediums:

a) World Wide Web.

b) Group discussions.
c) Intranets.
d) Bulletin boards and mailing lists.
•Thus, cyber defamation is an act of defaming any person with intention to lower down the dignity of that
person by hacking his e-mail account and sending some mails with using vulgar language to unknown
persons mail account thereby exposing him to hatred, ridicule and contempt.
 Hacking: It means unauthorized access or control over another’s computer system. The act of hacking
completely destroys the whole data as well as computer programmes. Hackers generally hack
telecommunication and mobile network.

 Cracking: Cracking is the gravest of cyber crimes known till date. The word “cracking” means trying to
obtain access into the computer systems in order to steal, corrupt, or illegitimately view data. It is a dreadful
feeling to know that someone has broken into your computer systems without your knowledge and
permission and has tampered with confidential data and information.
 E-Mail Spoofing: An e-mail which misrepresents its origin. It is a forged mail which appears to have been
originated from someone or somewhere other than the actual source. It is a tactic which is used in phishing
and spam campaigns because people are more likely to open an email when they think it has been sent by a
legitimate source. The objective of email spoofing is to get recipients to open, and possibly even respond to,
a solicitation.

 SMS Spoofing: SMS spoofing is a quite new technology that uses the short message service (SMS)
available on mobile phones. The message appears to come from by replacing the originating mobile
number (Sender ID) with alphanumeric text. Here the offender steals the identity of another in the
form of mobile phone number and sends SMS via internet and receiver gets the SMS from the mobile
phone number of the victim. It is very serious cyber crime against any individual.