INTRODUCTION
The internet in
India is growing rapidly. It has given rise to opportunities in every field
which may include entertainment, education, business, sports etc. There are two
sides to a coin. Internet has its own disadvantages . One of the major
disadvantages is cyber crime which is illegal activity committed in the
internet[1].
WHAT IS CYBER CRIME ?
Cyber crime is an illegal activity done using
computers or internet. Cyber crime can cause financial loss, loss of
confidential information or may harm our privacy[2].
HISTORY
The first recorded cybercrime happened within the year
1820.
In 1820, Joseph Mary Jacquard, A textile manufacturer
in France, produced the loom. This device allowed the repetition of a series of
steps within the weaving of special fabrics.
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They committed act of sabotage to discourage Jacquard
from further use of the new Technology. This is the first recorded cyber crime.
VIOLENT CRIME[3]
The categories of Violent Crime divided into two types
which are as follows:
Potential
Violent–It means, this type of cyber crime
leads to physical risk to victims. Which includes as follows :-
- Cyber Terrorism
- Assault by Threat
- Cyber Stalking
- Child Pornography
Non
Violent – It means, it is low risk in nature as
compared to potential violent. which includes:-
- Cyber Theft
- Cyber Trespass
- Cyber Fraud
- Destructive Cyber Crime
CYBER
THEFT IS FURTHER CLASSIFIED:-
- Piracy
- Plagrism
- Identity Theft
- Embezzlement
- Unlawful Appropriation
- Company espionage
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TYPES OF CYBER CRIME
There are many types of cyber crime. But we are
putting[4]
Hacking-
Gaining unauthorized access to your system protest, information gathering, or
to evaluate system weakness.
Denial of Service
Attack (DSA)- Which means bring down the server
flooding machine with physical card or with the compromise of data associated
with account.
Phishing-
A malicious individual or group who scan users. They do so by sending E-mails
or creating webpage.
Cyber Stalking-
Use of electronic communicates to harass or frighten someone ,By sending
Threatening E-mails.
Cyber Squatting-
It is the process of practice of registering names, especially well known
Company or Brand names.
Cyber Terrorism-
It is the act of using Cyber Technology to threaten the Security , Unity and
Supremacy of Nation.
Credit Card Fraud-
Credit Fraud begins either with the theft of the physical card or with the
compromise of data associated with account.
CATEGORIES OF CYBER CRIME
- Cyber Crime generally divided into 3 major categories:
- Cyber Crime Against Person
- Cyber Crime Against Property
- Cyber Crime Against Government
First Category:-
Cyber harassment is a Distinct Cyber Crime various kinds of harassment can do
and do occur in cyber space or through the use of cyber space harassment can be sexual, religions, racial etc.
Second Category:-
These crimes include computer vandalism (Destruction of other property),
transmission of harmful programs, unauthorized trespassing through cyber space
, unauthorized possession of computer information.
Third Category:-
The growth of internet has shown that the medium of cyber space is being used
by individual and groups to threaten. The international govt. as also to
terrorize the citizen of a country[5].
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PREVENTION OF CYBERCRIME
- Avoid disclosing your identity to any strangers.
- Always use latest antivirus software to guard against various attacks.
- Use of firewall.
- Change password frequently.
- Uninstall unnecessary software.
- Never send your credit card number to any site which is not secured.
STEPS TO FILE A COMPLAINT
- Submit an application letter convey the Chief of Cyber Crime Division.
- While lodging a cyber complaint you need to give your name, contact details and address for mailing. The complaint has to be addressed to the head of the Cyber Crime Division of the city where you are filling the cyber crime complaint.
- If you are a victim of online harassment, you may be asked to provide certain documents with the complaints. This depends on the type of the crime.
- Register a cyber crime FIR : If you do not have obtain to any of the cyber cells, you can file a first information report (FIR) at the local police station. Certain cyber crime misdeed come under the IPC. It is essential under sec.154 of the Code of Criminal procedure for every police officer to record the information or complaint of an offense, irrespective of the jurisdiction in which the crime was committed.
- Most of the cyber crimes that are covered under the IPC are classified as cognizable offenses. A cognizable offence is the one in which a warrant is not required for an arrest or investigation.
INFORMATION TECHNOLOGY ACT ,2000
The Information technology Act, 2000 received the assent of president of Indian on 9 June 2000 and came into force from 17 October in that same year. The act was enacted to provide legal recognition for transaction carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “Electronic Commerce”, to facilitate electronic filling of documents with governments agencies which involve the use of alternative to paper based method of communication and storage information. This law applies to any kind of information in the form of data message used in the context of commercial activities.
LANDMARK CASE LAW
Shreya
Singhal Vs. Union Of India[6]
In the year 2012, two girls named as Shaheen Dhada and Rinu Srinivasan was arrested by the Mumbai police. The arrest was made for show their displeasure at a bandh which was called in by the members of Shiv Sena people in Maharashtra for the incident of Shiv Sena chief Bal Thackery’s death. The accusation made against the petitioners was that they were involved in posting their comments on the Facebook and liking the comment at the same time which resulted in general public protest. The petitioners by the way of Public Interest, filed the writ petition under Article-32 of the Constitution claiming that section 66A of IT Act 2000 violates the right of freedom of speech and expression of an individual.
Ramesh
Rajagopal Vs. Devi Polymers Private Limited [7]
Appellant is a director in Devi Polymers Private Limited, Chennai. The company has three units A, B and C. Appellant is the head of unit C which provide consultancy services. For improving Consultancy Services, the appellant contacted consultant Michael T. Jackson along with few other consultants of the company. As per the suggestion received from all the consultants, a webpage by the name Devi Consultancy services was created. Respondent initiated the instant criminal complaint against the appellant. The main base of this complaint was that the website for Devi Consultancy Services is shown as a separate division, independent of Devi Polymers Private Limited. According to the complaint, this has resulted in forgery since there is no such thing as Devi Consultancy Services, though, the existence of unit C of Devi Polymers Private Limited which deals with consultancy is not contradict. The HC dismissed the petition under section 482 of CRPC on the ground that it requires evidence at trial to come to any conclusion.
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CONCLUSION
Within the law enforcement agencies, a set of rules
must be developed to address the various categories of computer crime. As such
investigators will know what and which material to search and seize the
electronic evidence to recover and the chain of custody to maintain. To measure cybercrime is so hard because due
to some following reasons which are as follows: -
- Victim may be reluctant to discuss incidents
- Reputational risk
- Regulatory risk
- Mandatory disclose used for data breaches.
- Relying on third party for data collection take support of disinterested third parties who observe evidence of incidents.
- Obtain a copy of record maintained by criminals.
OBSERVATION
We observed that Google deploys automated crawlers to
block websites distributing malware (found that 1.3% of incoming search queries
had at least one malicious result) and while these studies describe the
prevalence of badness , it is hard to translate this directly to user harm.
There is a trade-off between comprehensiveness and precision when measuring
cybercrime.
[1] Harish Chander, cyber
laws and IT protection,183-189 (2012).
[2] Rahul Matthan , the Law
Relating to computer and the internet (2000).
[3] Liberating Cyber Space:
violent crime, cyber crime and its prevention 13,15(ed.1993)
[4] Daniel J. Solove ,Types of cyber crime, 90 California Law Review
1087 (2002)
[5] Dr. Nuzhot Parveentshan , Categories of Cyber Crime and the Existing Laws: Indian Bar Review 64
(2015)
[6] AIR 2015 SC 1523
(India)
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