· INTRODUCTION:

In initial period, the crime is quite different and depends on the will of the sovereign authority. Now a days the crime is a social and political phenomenon and it is as old as the human society.¹ Along with the development, the concept of the crime is legal and back by sanction. Now crime means a legal wrong. Initially it is somewhere the religions wrong when the religious institutions were powerful. There were no difference between sin and crime. However, along with the development of State, the concept of sin was diluted and the sin or wrongful act term in to a wrongful act. This wrongful act now turns in to the concept of crime or offence. According to Granville Williams, crime or offence is a legal wrong that can be followed by criminal proceeding, which may result into punishment. The basic thing in criminality is that, it is a violation of criminal law. As per Lord Atkin “the criminal quality of an act cannot be discovered by reference to any slandered but: is the act prohibited with penal consequences.”²

A crime is said to be any act or omission accompanied which law prohibits. If anyone performs this conduct is amount to the breach of law and he is subject to punishment.

· What is Cyber crime?:

Cybercrime is the latest and perhaps the most complicated problem for the cyber world. The Indian Law has not given any definition to the term ‘cybercrime’. In fact, the Indian Penal Code does not use the term ‘cybercrime’ at any point even after its amendment by the Information Technology (amendment) Act 2008, the Indian Cyber law. “Cyber terrorism is the premeditated, politically motivated attack against information, computer systems, computer programs, and data which result in violence against property, government and people at large.” OR "Acts those are punishable by the Information Technology Act". In India Information Technology Act, 2000 deals with the cybercrime problems.it covers following areas— commercial transactions online, use digital signatures defined various cybercrimes, electronic commerce.³

A computer crime defined by the U S department of Justice’s “As an illegal act requiring knowledge of computer Technology for its perpetration, investigation or prosecution”. However, the definition is not exhaustive as there are many acts, which can be called abusive activities concerning the computer but they are often not clearly illegal. Moreover, most of the cyber crimes are committed via internet but the definition has no reference to it.

Cyber crimes can be plainly define as “ Crimes directed at a computer or computer system” But the complex nature of cyber crimes cannot be sufficiently expressed in such simple and limited term.⁴

The Organization for Economic Co-operation and Development (OECD) recommended the working definition of cyber crime “computer related crime is considered as any illegal, unethical or unauthorized behavior relating to the automatic processing and the transmission of data.”⁵

· Cyber Crimes Includes-:

1) E mail bombing:

this is a serious crime in which a person sends a numbers of emails to the inbox of the target system/person. Mail bombs will usually fill the allotted space on an e-mail server for the users e-mail and can result in crashing the e-mail server.

2) Hacking:

among the all types of cybercrime it is the most dangerous and serous thread to the internet and e-commerce. Hacking simply refers to the breaking into the computer system and steals valuable information (data) from the system without any permission. Hacking is done by hackers now the question arises who are hackers; hackers are in b/w client & server and able to spoof the data/info. Duplication the IP address illegally.

3) Spreading computer virus:

It is a set of instruction which is able to perform some malicious operations. Viruses stop the normal function of the system programs and also to the whole computer system. They can also ruin/mess up your system and render it unusable without reinstallation of the operating system A computer viruses can be spread through—Emails, Cds, Pendrives (secondary storage), Multimedia, Internet.

4) Phishing:

phishing simply refers to steal information like passwords, credit card details, usernames etc. over the internet. Phishing is typically carried out by email spoofing and instant messaging. In this type of crime hackers make a direct link which directs to the fake page /website which looks and feel like identical to the legitimate one.

5) Identity theft:

It simply refers to fraud or cheat others by make their wrong identity of others. It involves stealing money or getting other benefits by pretending to someone else Information Technology (Amendment)Act, 2008, crime of identity theft under Section 66-C.Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, known as identity theft For which criminal shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.⁶

6) Internet fraud:

Internet fraud can occur in chat rooms, email, message boards or on websites. In internet fraud criminal can send fake info to the victim in cases like online purchasing, real estate, pay BAL, Work-at-home donation processing etc.

7) Malicious Software:

These are Internet-based software or programs that are used to disrupt a network. The software is used to gain access to a system to steal sensitive information or data or causing damage to software present in the system.

8) Cyber warfare:

It is Internet-based conflict involving politically motivated attacks on information systems. Cyber warfare attacks can disable official websites and networks, disrupt or disable essential services, steal or alter classified data, and cripple financial systems -- among many other possibilities.

9) Domain hijacking:

It is the act of changing the registration of a domain name without the permission of its original registrant.

10) SMS Spoofing:

SMS Spoofing allows changing the name or number text messages appear to come from.

11) Voice Phishing:

The term is a combination of "voice" and phishing. Voice phishing is use to gain access of private, personal and financial information from the public. Voice phishing uses a landline telephone call to get information.

12) Cyber trafficking:

It may be trafficking in weapons, drugs, human beings, which affect the large numbers of persons.

· Cyber Crime and Offences under Indian Penal Code -:

In India, the criminal law means nothing but the Indian Penal Code, this the complete code which deals with all the offences, it dealing with all kinds of offences, though the concept of crime is new and technical, but the Indian Penal Code is still effective and covering all kinds of crime. Therefore this conventional criminal law is sufficient to deal with all kinds of crimes, whether this cyber crime or any other crime.

offences fall under the Indian Penal Code –

(i) Sending threatening messages by email 503 IPC

(ii) Sending defamatory messages by email 499 IPC

(iii) Forgery of electronic records 463 IPC

(iv) Bogus websites, cyber frauds 420 IPC

(v) Email spoofing Section 463 IPC

(vi) Web-jacking Section 383 IPC

(vii) E-Mail Abuse Section 500 IPC

(viii) Online sale of Drugs NDPS Act

(ix) Online sale of Arms Arms Act

x) Pornographic Section 292 IPC

· The Information Technology Act of India, 2000:

According to Wikipedia “The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an act of the Indian Parliament (no 21 of 2000), it was notified on17th October 2000. It is the most important law in India that deals with the digital crimes or cyber crimes and electronic commerce. It is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997”.⁷

Some key points of the Information Technology (IT) Act 2000 are as follows:

· E-mail is now considered as a valid and legal form of communication.

· Digital signatures are given legal validity within the Act.

· Act has given birth to new business to companies to issue digital certificates by becoming the Certifying Authorities.

· This Act allows the government to issue notices on internet through e-governance.

· The communication between the companies or between the company and the government can be done through internet.

· Addressing the issue of security is the most important feature of this Act. It introduced the construct of digital signatures that verifies the identity of an individual on internet.

· In case of any harm or loss done to the company by criminals, the Act provides a remedy in the form of money to the company.⁸

Following are the sections under IT Act, 2000 -:

1. Section 65- Temping with the computers source documents-:

Whoever intentionally or knowingly destroy, conceal or change any computer’s source code that is used for a computer, computer program, and computer system or computer network.

Punishment:

Any person who involves in such crimes could be sentenced upto 3 years imprisonment or with a fine of Rs.2 lakhs or with both.

2. Section 66- Hacking with computer system, data alteration etc-:

Whoever with the purpose or intention to cause any loss, damage or to destroy, delete or to alter any information that resides in a public or any person’s computer. Diminish its utility, values or affects it injuriously by any means, commits hacking.

Punishment:

Any person who involves in such crimes could be sentenced upto 3 years imprisonment, or with a fine that may extend upto 2 lakhs rupees, or both.

3. Section 66A- Sending offensive messages through any communication services-

· Any information or message sent through any communication services this is offensive or has threatening characters.

· Any information that is not true or is not valid and is sent with the end goal of annoying, inconvenience, danger, insult, obstruction, injury, criminal intention, enmity, hatred or ill will.

· Any electronic mail or email sent with the end goal of causing anger, difficulty or mislead or to deceive the address about the origin of the messages.

Punishment:

Any individual found to commit such crimes under this section could be sentenced upto 3years of imprisonment along with a fine.

4. Section 66B- Receiving stolen computer’s resources or communication devices dishonestly –:

Receiving or retaining any stolen computer, computer’s resources or any communication devices knowingly or having the reason to believe the same.

Punishment:

Any person who involves in such crimes could be sentenced either description for a term that may extend upto 3 years of imprisonment or with a fine of rupee 1 lakh or both.

5. Section 66C- Identify theft –:

Using of one’s digital or electronic signature or one’s password or any other unique identification of any person is a crime.

Punishment:

Any person who involve in such crimes could be sentenced either with a description for a term which may extend upto 3 years of imprisonment along with a fine that may extend upto rupee 1 lakh.

6. Section 66D- Cheating by personation by the use of computer’s resources – :

Whoever tries to cheats someone by personating through any communication devices or computer’s resources shallbe sentenced either with a description for a term that may extend upto 3 years of imprisonment along with a fine that may extend upto rupee 1 lakh.

7. Section 66E- Privacy or violation:

Whoever knowingly or with an intention of publishing, transmitting or capturing images of private areas or private parts of any individual without his/her consent, that violets the privacy of the individual shall be shall be sentenced to 3 years of imprisonment or with a fine not exceeding more than 2 lakhs rupees or both.

8. Section 66F- Cyber terrorism-:

A. Whoever intentionally threatened the integrity, unity, sovereignty or security or strike terror among the people or among any group of people by

I. Deny to any people to access computer’s resources.

II. Attempting to break in or access a computer resource without any authorization or to exceed authorized access.

III. Introducing any computer’s contaminant, and through such conducts causes or is probable to cause any death or injury to any individual or damage or any destruction of properties or disrupt or it is known that by such conduct it is probable to cause damage or disruptions of supply or services that are essential to the life of people or unfavorably affect the critical information’s infrastructure specified under the section 70 of the IT Act.

B. By intention or by knowingly tries to go through or tries to gain access to computer’s resources without the authorization or exceeding authorized access, and by such conducts obtains access to the data, information or computer’s database which is limited or restricted for certain reason because of the security of the state or foreign relations, or any restricted database, data or any information with the reason to believe that those data or information or the computer’s database obtained may use to cause or probably use to cause injury to the interest of the independence and integrity of our country India.

Punishment:

Whoever conspires or commits such cyber crime or cyber terrorism shall be sentenced to life time imprisonment.

9. Section 67- Transmitting or publishing obscene materials in electronic form-:

Whoever transmits or publishes or cause to publish any obscene materials in electronics form. Any material that isvulgar or appeal to be lubricious or if its effect is for instance to tends to corrupt any individual who are likely to have regard to all relevant circumstances to read or to see or to hear the matter that contained in it, shall be sentenced on the first convict with either description for a term that may extend upto five years of imprisonment along with a fine which may extend upto 1 lakh rupee and in the second or subsequent convict it can be sentenced either description for a term that may extend upto ten years along with a fine that may perhaps extend to two lakhs rupees.

10. Section 67A- Transmitting or publishing of materials that contains sexually explicit contents, acts etc in electronics form-:

Whoever transmits or publishes materials that contains sexually explicit contents or acts shall be sentences for either description for a term which may extend upto 5 years or imprisonment along with a fine that could extend to 10 lakhs rupees in the first convict. And in the event of the second convict criminal could be sentenced for either description for a term that could extend upto 7 years of imprisonment along with a fine that may extend upto 20 lakhs rupees.

11. Section 67B- Transmitting or publishing of materials that depicts children in sexually explicit act etc in electronics form–:

Whoever transmits or publishes any materials that depict children in sexually explicit act or conduct in any electronics form shall be sentenced for either description for a term which may extend to 5 years of imprisonment with a fine that could extend to rupees 10 lakhs on the first conviction. And in the event of second conviction criminals could be sentenced for either description for a term that could extend to 7 years along with a fine that could extend to rupees 10 lakhs.

12. Section 67C- Retention and preservation of information by intermediaries–:

I. Intermediaries shall retain and preserve such information that might specify for such period and in such a format and manner that the Central Government may prescribe.

II. Any intermediaries knowingly or intentionally contravene the provision of the sub-section.

Punishment:

Whoever commits such crimes shall be sentenced for a period that may extend upto 3 years of imprisonment and also liable to fine.

13. Section 69- Power to issue direction for monitor, decryption or interception of any information through computer’s resources – :

I. Where the Central government’s or State government’s authorized officers, as the case may be in this behalf, if fulfilled that it is required or expedient to do in the interest of the integrity or the sovereignty, the security defence of our country India, state’s security, friendly relations with the foreign states for preventing any incident to the commission of any cognizable offences that is related to above or investigation of any offences that is subjected to the provision of sub-section (II). For reasons to be recorded writing, direct any agency of the appropriate government, by order, decrypt or monitor or cause to be intercept any information that is generated or received or transmitted or is stored in any computer’s resources.

II. The safeguard and the procedure that is subjected to such decryption, monitoring or interception may carried out, shall be such as may be prescribed.

III. The intermediaries, the subscribers or any individual who is in the charge of the computer’s resources shall call upon by any agencies referred to the sub-section (I), extends all services and technical assistances to:

a) Providing safe access or access to computer’s resources receiving, transmitting, generating or to store such information or

b) Decrypting, intercepting or monitoring the information, as the case might be or

c) Providing information that is stored in computer.

IV. The intermediaries, the subscribes or any individual who fails to help the agency referred in the sub-section (III), shall be sentenced for a term that could extend to 7 years of imprisonment and also could be legally responsible to fine.

There are many other sections in the IT Act, 2000 among them a few important sections one should know are as follows:

Offences	Sec. under IT Act, 2000
Damage to Computer, Computer System etc.	Section 43
Power to issue direction for blocking from public access of any information through any computer’s resources.	Section 69A
Power to authorize to collect traffic information or data andto monitor through any computer’s resources for cyber security.	Section 69B
Un-authorized access to protected system.	Section 70
Penalty for misrepresentation.	Section 71
Breach of confidentiality and privacy.	Section 72
Publishing False digital signature certificates.	Section 73
Publication for fraudulent purpose.	Section 74
Act to apply for contravention or offence that is committed outside India.	Section 75
Compensation, confiscation or penalties for not to interfere with other punishment.	Section 77
Compounding of Offences.	Section 77A
Offences by Companies.	Section 85

· Cyber laws in India -

Apart from the Information Technology Act and Indian Penal Code, there are certain laws and regulations, which deal with the cyber crime. Even certain civil laws are relevant in certain misuse in cyber space. However, generally the fraud is there in cyber crime, therefore it concerns with the criminal law, otherwise even Law of Tort is also relevant and can provide the remedy to unauthorized use of the computer and internet. Apart from The Information Technology Act 2000 and Indian Penal Code 1860, there are various other laws relating to cyber crime in India.

They are as following.

1. Common Law (governed by general principles of law)

2. The Bankers’ Book Evidence Act, 1891

3. The Reserve Bank of India Act, 1934

4. The Information Technology (Amendment) Act, 2008 and 2009

5. The Information Technology (Removal of difficulties) Order, 2002

6. The Information Technology (Certifying Authorities) Rules, 2000

7. The Information Technology (Certifying Authorities) Regulations, 2001

8. The Information Technology (Securities Procedure) Rules, 2004

9. Various laws relating to IPRs.

CONCLUSION -:

the Indian legal system is having various laws concerning the cyber crimes. But the nature of the cyber crime is technical, therefore it require the technical process to execute the criminal law in proper sense. The technical process is lacking in Indian legal system, therefore though the substantive criminal law is sufficient, but due to lacking in procedural aspect its unable to execute it in India. The basic problem in the cyber crime is that, there is specific manner by which the internet can be misuse; it is on the criminals, that they always misuse it in different manner, therefore 92 it is not possible to the legal system to meet with the need. Apart from this, the nature of cyber crime is transnational, therefore it required the international co-operation. Mere making laws is not sufficient, cyber law cannot work without the international co-operation. The Information Technology Act 2000 and all the related laws having provision regarding the transnational jurisdiction, but execution is possible when all countries in the world recognized that act as a crime, and allow the proceeding on that aspect.

REFERENCE:

1. Cyber crime by ParthasarathiPati

2. oprietary Articles Tread Association V. A.G.for Canada (1932).

3. http://deity.gov.in/sites/upload_files/dit/files/downloads/ita ct2000/itbill2000.pdf

4. Cybercrime: Talat Fatima, (2011) Eastern Book Company, Lucknow. Page 89.

5. The Criminal Aspect in Cyber Law in The Indian Cyber Law, Suresh T. Vishwanathan, (2001) Bharat Law House, Jaipur Page 7.

6. http: //cybercrimelawyer.wordpress.com/category/ 66c-punishment-for-identity-theft/

7. https://en.wikipedia.org/wiki/Information_Technolo gy_Act,2000

8. https://www.ijarcsse.com/docs/papers/Volume_5/8_ August2015/V5I8-0156.pdf

Received on 04.12.2018 Modified on 11.12.2018

Int. J. Rev. and Res. Social Sci. 2019; 7(1):267-272.

DOI: 10.5958/2454-2687.2019.00015.7