𝗣𝗗𝗙 | In the today's era of rapid growth, | ResearchGate, the professional network for scientists. Objectives: This chapter presents the meaning and definition of cyber crime, the Penal Code, the Indian Evidence Act, , the Bankers' Books Evidence Act. A brief study on Cyber Crime and Cyber Law's of India. Animesh India which was based on the “United Nations Model Law August/V5Ipdf.
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Evidence Act ,Reserve Bank of India Act, • Computer http://meity. terney.info Internet Safety & Cyber Law's in India Advocate Prashant Mali - terney.info(Computer Science),LLB,LLM Cyber Law & Cyber Security Expert Internet safety is the. SPC ERA International Journal of Law and Governance Vol.1, No.1 A comprehensive legal framework of Indian Cyber Laws Anuranjan Misra Professor .
The section reads: Any person who sends, by means of a computer resource or a communication device,- a any information that is grossly offensive or has menacing character; or b any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; or c any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.
By interpreting the term 'send' to mean the same as 'publish or transmit' the Court has widened the scope of Section 66A. This interpretation of Section 66A makes redundant Sections and of IPC which punishes any false imputation that is published and harms a person's reputation, provides the defence of justification by truth and cannot be used to harass the innocent since it is non - cognizable and bailable.
Furthermore, offences under section 66A are cognisable, which means if the investigating officer in the matter feels the information at hand is Grossly offensive or having menacing character, he can arrest the accused without warrant.
Criminal Writ Petition No. The only notable changes to this section are the Investigating Officer needs to take permission from a officer of the rank of DCP or DIG before making any physical arrests in the matter.
The IPC contains various sections that address crimes of verbal abuse against and the harassment of a lady section A added by the Criminal Law Amendment Act , this is more comprehensive definition of sexual harassment, than initially provided under section of the IPC and which includes the following acts: i physical contact and advances involving unwelcome and explicit sexual overtures; or ii a demand or request for sexual favours; or iii showing pornography against the will of a woman; or iv making sexually coloured remarks.
Cyber Stalking which was effectively missing in The IT Act, is covered in the IPC under Section D via amendment of explicitly includes crimes that involve monitoring the electronic communication of a woman.
To qualify compliant for this section there has to be clear criminal intimidation as defined under of IPC. Another relevant section of the IPC that may be used along with section 66A of the IT Act, is section , which pertains to defamation.
The section reads: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
The Internet related abuse and defamation has had a massive impact on many areas of personal and professional life. While defamation, in the shape of slanderous and libelous comments, has been around for many decades, the problem has been exacerbated by the advance of the Internet as a reporting and social tool.
While comments made in newspapers and even on the TV have a limited shelf life, those made on the Internet can remain on the website where they were first added as well as on other blogs and websites and even in the cache of search engines for many more years. Internet Safety Laws against Online frauds Banking and Non-Banking The Indian banking and financial services sector has witnessed exponential growth in the last decade. The growth has not been without its pitfalls as incidents of frauds in the industry have also been on the rise6.
Beginning , I have lodged cases of online frauds worth more than 2. Even though penetration of ecommerce and usage of internet banking has increased, the safety related knowledge but knowledge related to remedies under law is yet to sink in with the common man using Internet for commercial activities.
Explanation -Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence, is, in itself, equivalent to speech. No definition of fraud is given in I. Sections ,, of the IPC also can be applied. The relevant IT Act section mainly applicable are further expanded S.
Section 43 g , Section 43A and Section of 85 can be applied, when filing a complaint against banks, finance or telecom companies for online banking or credit card frauds.
This complaint has to be filed with the Hon. The IT Act, provides two remedies one being criminal and other being civil for providing compensation. Now, looking at criminal various actions, Section 43 has to be read with Section 66 which apply for all crimes mentioned in section 43 and envisages punishment with imprisonment for a term which may extend to three years or with fine which may extend to Five lakh rupees or with both.
Various sections applicable are as follows: For Data Theft Section 43 b , For Hacking Section 43 a , For spreading Virus or malicious code Section 43 c ,For causing damage to computer or network vandalism Section 43 d ,For disrupting computer or Network Section 43 e ,For Denying access to computer or Network Section 43 f ,For helping hackers Section 43 g ,For tampering computer or network Section 43 h ,For destroying or altering any data Section 43 i and For stealing, deleting or altering any source code Section 43 j would apply.
This section is applicable for oftware iracy in cyber space. Section 65 of The IT Act, Tampering with Computer Source Documents. Explanation - For the purposes of this section, "Computer Source Code" means the listing of programme, Computer Commands, Design and layout and program analysis of computer resource in any form. Conclusion Internet which came as a use full aid to business and education has now fully blown into an entity which has its own existence, its own social aura and tenets.
Laws in India though enacted with full vigour are not implemented with the same josh. Common IT user often do not know various sections of laws and there rights under the law, I find difficult to digest that educated people cannot differentiate between civil or criminal remedies available to them under law.
For the sake of simplicity and maintaining clarity, details on the IT Act sections have been omitted. Kindly refer the Appendix at the last section for the detailed account of all the penalties and offences mentioned in IT Act.
These employees were not authorized to obtain the PINs. In association with others, the call centre employees opened new accounts at Indian banks using false identities. Within two months, they used the PINs and account information gleaned during their employment at MphasiS to transfer money from the bank accounts of CitiGroup customers to the new accounts at Indian banks.
By April , the Indian police had tipped off to the scam by a U.
Verdict: Court held that Section 43 a was applicable here due to the nature of unauthorized access involved to commit transactions. The State of Andhra PradeshIn this case, Tata Indicom employees were arrested for manipulation of the electronic bit number ESN programmed into cell phones theft were exclusively franchised to Reliance Infocomm. Verdict: Court held that tampering with source code invokes Section 65 of the Information Technology Act. The CBI had registered a cyber crime case against Kumar and carried out investigations on the basis of a complaint by the Press Information Bureau, Chennai, which detected the unauthorised use of broadband Internet.
The said complaint stated that president house has nothing to do with the facebook and the fake profile is misleading the general public. Relevant Case 2: Bomb Hoax mail In , a year-old Bangalore teenager was arrested by the cyber crime investigation cell CCIC of the city crime branch for allegedly sending a hoax e-mail to a private news channel.
In the e-mail, he claimed to have planted five bombs in Mumbai, challenging the police to find them before it was too late.
At around 1p. Li Ming, a graduate student at West Chester University of Pennsylvania faked his own death, complete with a forged obituary in his local paper.
The company has a web-site in the name and and style www. The accused sister and brother-in-law were based in Cochin and they had been acting in collusion known and unknown persons, who have collectively cheated the company and committed acts of forgery, impersonation etc.
The first accused and others sent e-mails from fake e-mail accounts of many of the customers, suppliers, Bank etc. The defamation campaign run by all the said persons named above has caused immense damage to the name and reputation of the Company. The Company suffered losses of several crores of Rupees from producers, suppliers and customers and were unable to do business. Some media reports claimed that the two accused students initially tried to extort money from the girl in the video but when they failed the culprits put the video out on mobile phones, on the internet and even sold it as a CD in the blue film market.
According to the Nagpur rural police, the girl was in a relationship with Mithilesh Gajbhiye, 19, son of Yashodha Dhanraj Gajbhiye, a zila parishad member and an influential Congress leader of Saoner region in Nagpur district.
The suspect has been detained in this case. The IP address of the sender has been traced to Patna in Bihar. The ISP is Sify. The email ID was created just four minutes before the email was sent. Section 67 — Punishment for publishing or transmitting obscene material in electronic form Relevant Case:This case is about posting obscene, defamatory and annoying message about a divorcee woman in the Yahoo message group.
E-mails were forwarded to the victim for information by the accused through a false e- mail account opened by him in the name of the victim. These postings resulted in annoying phone calls to the lady.
Investigation revealed that he was a known family friend of the victim and was interested in marrying her.
She was married to another person, but that marriage ended in divorce and the accused started contacting her once again. On her reluctance to marry him he started harassing her through internet. He is convicted and sentenced for the offence as follows: As per of IPC he has to undergo rigorous imprisonment for 2 years and to pay fine of Rs. The accused paid fine amount and he was lodged at Central Prison, Chennai. This is considered the first case convicted under section 67 of Information Technology Act in India.
Section 67B — Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. The Union of India The NGO had argued that websites displaying sexually explicit content had an adverse influence, leading youth on a delinquent path. Section 69 — Powers to issue directions for interception or monitoring or decryption of any information through any computer resource Relevant Case: In August , Lakshmana Kailash K.
He was brought to Pune and detained for 50 days before it was discovered that the IP address provided by Airtel was erroneous. The mistake was evidently due to the fact that while requesting information from Airtel, the police had not properly specified whether the suspect had posted the content at p.
Verdict: Taking cognizance of his plight from newspaper accounts, the State Human Rights Commission subsequently ordered the company to pay Rs 2 lakh to Lakshmana as damages. The incident highlights how minor privacy violations by ISPs and intermediaries could have impacts that gravely undermine other basic human rights.
Common Cyber-crime scenarios and Applicability of Legal Sections Let us look into some common cyber-crime scenarios which can attract prosecution as per the penalties and offences prescribed in IT Act amended via Act.
This leads to harassment of the victim. Online Hate Community Online hate community is created inciting a religious group to act or pass objectionable remarks against a country, national figures etc. Credit Card Fraud Unsuspecting victims would use infected computers to make online transactions. Web Defacement The homepage of a website is replaced with a pornographic or defamatory page. Government sites generally face the wrath of hackers on symbolic days. Introducing Viruses, Worms, Backdoors, Rootkits, Trojans, Bugs All of the above are some sort of malicious programs which are used to destroy or gain access to some electronic information.
Online sale of illegal Articles Where sale of narcotics, drugs weapons and wildlife is facilitated by the InternetProvisions Applicable:- Generally conventional laws apply in these cases.
Cyber Pornography Among the largest businesses on Internet. Pornography may not be illegal in many countries, but child pornography is.
Phishing and Email Scams Phishing involves fraudulently acquiring sensitive information through masquerading a site as a trusted entity. This information is targeted by rivals, criminals and disgruntled employees. Tax Evasion and Money Laundering Money launderers and people doing illegal business activities hide their information in virtual as well as physical activities.
IT Act may apply case-wise. Online Share Trading Fraud It has become mandatory for investors to have their demat accounts linked with their online banking accounts which are generally accessed unauthorized, thereby leading to share trading frauds.
Section 43A — Compensation for failure to protect data Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected.