Open Access Research Article
“Navigating the Inadequacy of Legislation: Juvenile Cybercrime and Internet Exposure”
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Article Details
“NAVIGATING THE INADEQUACY OF LEGISLATION:
JUVENILE CYBERCRIME AND INTERNET EXPOSURE”
AUTHORED BY: ADARSH
MISHRA
UNITED WORLD SCHOOL OF LAW
The rapid growth of digital
technologies has led to a noticeable surge in cybercrimes committed by juveniles,
a trend further fuelled by the increasing prevalence of internet use among this
demographic. This paper aims to examine the shortcomings in current legislation
regarding these issues by delving into various aspects of juvenile cybercrimes,
including the types of offences and their consequences, as well as the impact
of internet exposure on juvenile behaviour, it identifies significant gaps in
existing legal frameworks. The analysis aims to identify deficiencies in legal
definitions, classifications, and enforcement legislation concerning juvenile
cybercrimes.
This paper primarily employs analytical
research as its primary methodology to delve into the complexities of juvenile
cybercrimes and the influence of internet exposure. This method allows for
a thorough analysis of existing legislation, multiple cases, and other relevant
data, we aim to identify the adequacy of current legal frameworks to curb
juvenile cyber delinquency. This method of research would help in a
comprehensive understanding of the challenges posed by juvenile cybercrimes and
provide recommendations for legislative reform.
Analytical research has limitations in investigating juvenile cybercrimes
and internet exposure. It relies on existing data, potentially restricting the
study's scope and missing emerging trends. Bias in data interpretation and a
lack of contextual understanding due to a focus on quantitative data are
concerns. Reliance on available data sources, inability to capture dynamic
changes, and ethical considerations regarding privacy are further limitations.
These constraints emphasize the importance of complementing analytical methods
with other approaches for a comprehensive understanding of the topic.
The proliferation of digital
technologies has transformed the landscape of contemporary society, offering
unprecedented opportunities for communication, learning, and entertainment.
However, alongside these benefits, the digital age has also ushered in a new
frontier of crime, with cybercrimes perpetrated by juveniles or cybercrimes
against juveniles, emerging as a pressing concern. Today's youth are
increasingly engaged in online activities, making them both perpetrators and
victims of cybercrimes.
This phenomenon is further amplified
by the widespread accessibility and utilization of the Internet among young
individuals or juveniles. The exposure of the internet to children at such a
tender age affects their psychology further motivating them actively or
passively to commit crimes, immoral acts, etc. & the internet is an object
that cannot be completely regulated due to its digital nature & sheer
vastness of the web. The Information Technology Act of 2002[1],
provides for the protection of internet users from cybercrimes, such as “identity
theft, monetary loss, exposure to obscene content, online confiscation of
assets, etc”. alongside laws for protecting children on the internet, but it
has a limited scope which will be further elaborated in the paper.
The pace of technological advancement
is staggering, with children frequently seen wielding smartphones nowadays.
Unfortunately, this surge in technology is accompanied by a concerning increase
in cybercrimes, particularly those perpetrated by juveniles. These offences
range from bullying to defamation, harassment, and involvement in cyber
pornography. A critical challenge arises from the lack of distinction on online
platforms between adults and children, enabling juveniles to access content
intended for adults.
Many juveniles engage in cybercrimes purely
for entertainment without grasping the serious consequences or the criminality
of their actions according to the law. Numerous factors contribute to juvenile
involvement in cybercrime, including sociological and personal factors such as
peer pressure and feelings of failure. Internet addiction poses a significant
threat to children, and parents are increasingly concerned about their
children's internet addiction. However, mere internet addiction may not be problematic
unless it infringes upon the rights of others or causes damage to property as
recognized by law, but, it might lead to the juveniles jeopardising their own
lives & their future.
Addressing the juvenile justice
system's dilemma with underage offenders, who are not fully accountable for
their actions, is crucial. While society focuses on shielding children from
harm, it often neglects to prevent them from engaging in harmful behaviour,
especially online, thus, making the central question of research to be; “Is
the current legislation sufficient to curb & regulate juvenile cyber delinquency?”.
The current legislation in place to deal with Juveniles are “the Juvenile
Justice (Care & Protection of Children) Act, 2015[2]
& the Protection of Children from Sexual Offences Act (POCSO), 2012[3]”,
along with S.65B[4] of the
Information Technology Act, 2002.
CYBERCRIMES
& JUVENILES
The term “Juvenile” is defined under
S.2(35)[5] of
“The Juvenile Justice (Care & Protection of Children) Act, 2015,”
hereinafter referred to as “JJ Act” as a “child” who is “under the age of
eighteen years”. “Delinquent” is a person who has been found to have committed
an offence. Thus, we can infer that “Juvenile Cyber Delinquency” means, an act
committed by a juvenile i.e. a child below eighteen years of age, which is a
type of cyber offence such as phishing, stalking, indulging in child
pornography or grooming, hacking, promoting or inciting terrorism online,
spreading hate, cyberbullying, impersonation, etc.
Cyber-pornography stands out as a
prevalent form of juvenile misconduct online. “Easily accessible on the web,
sexually explicit content can be viewed and shared by individuals of all ages.
Various media platforms, including DVDs, online streaming, and digital
photography, contribute to the proliferation of the pornography industry. A
2005 study revealed that one in three children stumble upon unwanted nude
images or sexual content while browsing the internet”[6].
However, many children can also
directly become victims of Cybercrimes, in the absence of adequate cyber
legislation, today's youth, who might otherwise exercise caution before
engaging in offline offences like
pickpocketing or robbery, feel less inhibited about crossing ethical boundaries
online and potentially committing cybercrimes. Also, the increasing use of Artificial
Intelligence & its free availability to each & every person is like a
workaround to bypass legal barriers, which makes it more difficult for the Cybercrime
cell to track the offenders. There are multiple sections provided in the “Indian
Penal Code of 1860, Information Technology Act of 2002, POCSO Act of 2012 &
Juvenile Justice (Care & Protection of Children) Act of 2015”.
LAWS ON CYBERCRIMES RELATING TO JUVENILES & RECOMMENDATIONS
There are multiple legislations &
frameworks for the protection of children in cyberspace,
1. INFORMATION TECHNOLOGY (IT) ACT, 2002:
S.67B[7] of
the act specifies the penalties for releasing or sharing content that shows an
minor engaging in “sexually explicit” acts, or an act similar to that, in an
electronic form. Upon a first
conviction, these penalties are imposed on anyone who, among other things,
cultivates, entices, or induces minors to engage in sexually explicit acts
online, or who publishes, transmits, creates text or digital images, gathers,
seeks, browses, downloads, advertises, promotes, exchanges, or encourages
children to engage in such acts.
2. JUVENILE JUSTICE (CARE &
PROTECTION OF CHILDREN) ACT, 2015:
All the provisions of this provision that deal with “Child in
conflict with law” apply to juveniles who have committed cybercrimes, whereas
all the provisions dealing with “Child in need of care & protection” apply
to juveniles been a victim to any cybercrime.
3. INDIAN PENAL CODE, 1860:
S.82[8] of
the act provides that no act shall be deemed to be a crime if it is committed
by a child under the age of “7 years”, furthermore S.83[9]
states that nothing shall be considered an offence if committed by a child
above 7 years & below 12 years of age if he has not developed the maturity
to understand & judge the nature of the action.
S.89[10]
provides that children below the age of 12 & a person of unsound mind are
not capable of giving their consent, rather the consent would be given by a
parent or legal guardian if necessary.
S.354D[11]
protects them against Stalking & provides that the offender when first
convicted shall be punished with imprisonment up to 3 years & fine which
could be increased up to 5 years if convicted for the same offence for the
second time along with a fine.
4. THE PROTECTION OF CHILDREN AGAINST
SEXUAL OFFENCES (POCSO) ACT, 2012:
S.12[12]
of the act provides for a punishment of three years & fine against a person
who sexually harasses a child, furthermore using a child for pornographic
purposes is deemed a criminal offence under Section 13[13]
of the POCSO Act, 2012. The penalties for such crimes, as outlined in Section
14[14],
vary based on the severity of the offence: Firstly, using a child for
pornographic purposes (Section 14): Imprisonment for no less than five years
and a fine. For subsequent convictions, imprisonment for seven years and a fine
are mandated under Section 14(1)[15]. Second,
aggravated penetrative sexual assault resulting from the use of a child for
“sexually explicit” purposes carries a minimum 20-year jail sentence and a
fine. Thirdly, if a minor is used for “pornographic purposes” and the
consequence is “sexual assault”, the person committing such an offence faces “a
minimum of ten years in prison”. A minimum of 20 years in prison is required if
the child is younger than 16 years old. Fourth, using a child for “pornographic
purposes” that results in “sexual assault” carries a “minimum sentence of three
years in prison”, with a maximum sentence of “seven years”. Lastly, using a
child for pornographic purposes that results in aggravated sexual assault
carries a minimum sentence of five years in prison, with a maximum sentence of
seven years.
S.15[16]
can be divided into three parts as per the sub-sections to understand them
better: S.15(1)[17] of the
Act states that any individual who possesses or stores pornographic material
involving a child but fails to delete, destroy, or report it to the designated
authority to do so is liable for punishment. According to S.15(2)[18],
anyone possessing such material for distribution, transmission, or display
without proper reporting or court use may face imprisonment of up to three
years, a fine, or both.
S.15(3)[19] stipulates that,
upon a first conviction, the possession or storage of pornographic material featuring
children for commercial reasons is punishable by a minimum three-year sentence
that can be extended to five years in prison, a fine, or both.
5. THE CONSTITUTION OF INDIA, 1950:
The Constitution of India,1950 provides for Art. 39(f)[20]
ensures that kids and adolescents are shielded from exploitation and the material
and moral desertion of their parents, and that they are provided with the means
and chances to grow up in a healthy, free, and dignified manner.
There is a lack of robust enforcement
mechanisms and limited awareness among stakeholders, including law enforcement
officials, parents, and educators, regarding the risks and consequences
associated with juvenile involvement in cybercrimes. This contributes to
challenges in effectively preventing and addressing such offences.
Additionally, the absence of specialized support systems for juvenile victims
of cybercrimes further exacerbates their vulnerability and impedes their access
to appropriate assistance and redressal.
Moreover, the rapid evolution of
technology and the ever-changing landscape of the digital world pose ongoing
challenges for lawmakers and law enforcement agencies in keeping pace with
emerging cyber threats and trends. As a result, there is a pressing need for
comprehensive legal reforms and policy initiatives aimed at strengthening the
legal framework for addressing juvenile cyber-delinquency and enhancing
protections for juvenile victims of cybercrimes.
These reforms should include the
development of specialized legislation specifically addressing cyber offences
involving juveniles, enhanced enforcement mechanisms, and targeted awareness
campaigns aimed at educating juveniles, parents, educators, and law enforcement
officials about the risks and consequences of juvenile cyber delinquency.
Additionally, there is a need for the establishment of dedicated support
systems and resources to provide assistance and support to juvenile victims of
cybercrimes, ensuring their rights and well-being are effectively safeguarded
in the digital age.
Additionally, enhancing enforcement
mechanisms, including capacity-building initiatives for law enforcement
agencies, is essential to ensure effective intervention and prosecution of
juvenile cybercrimes. Moreover, targeted awareness campaigns aimed at educating
juveniles, parents, educators, and law enforcement officials about the risks
and consequences associated with juvenile cyber delinquency are necessary to
foster a safer online environment. Furthermore, establishing dedicated support
systems and resources to provide assistance and support to juvenile victims of
cybercrimes is imperative, ensuring their rights and well-being are effectively
safeguarded.
Juvenile Cyber Delinquency & the impact of early internet exposure As India has progressed towards
digitization, the Internet of Things, etc., it is all but inevitable that such
progress will have some drawbacks, in this case, the drawback is the early
exposure of young children to the Internet. The Internet is a very unregulated
place, even with all the regulatory laws, the mere nature of the Internet makes
it very difficult to control the actions of its users & even to track a few
of them as they use VPNs & other methods of changing their IP addresses,
contact information, etc. India has witnessed a rise in cases of juvenile
delinquency due to their mental health being affected by the internet.
CASE 1:An online
game named “Blue Whale”, was in the news as it provided the child playing the
game with a few tasks, one of which included making cut marks on the skin which
eventually would take the shape of a Blue Whale. One such case was studied[21],
psychological evaluation of the kid playing the game was performed.
The child XY
(name kept anonymous) was first reported to have a blue whale scar on his
forearm by his class teacher, the child was in 11th grade & had
a history of low self-esteem, low mood & persistent loss of concentration
for the past four years along with disturbed sleep cycle. He gained knowledge
of the Blue Whale game through the internet & accepted the challenge, after
which he completed the tasks provided in the game, which made him feel happy,
thus, he further continued to play the game. In the evaluation, it was found
that the child had severe depressive episodes & had suicidal ideation.
There is a
growing concern surrounding the phenomenon of "cyber suicide,"
particularly among young people who are at a heightened risk. This term refers
to the use of the Internet for suicidal purposes and ideation, often luring
vulnerable youths through various websites and platforms. The recent emergence
of challenges like the Blue Whale Challenge exemplifies this trend. While some
adolescents may initially engage out of curiosity or thrill-seeking behaviour,
those with underlying depression or other mental health issues are particularly
susceptible. Children raised in abusive or dysfunctional environments may also
be drawn to these addictive games.
It's crucial to
prioritize both physical and gadget hygiene, with mental healthcare providers
advising
adolescents and their guardians on crisis management strategies. This includes
removing access to devices, exploring alternative activities, and fostering a
supportive environment. Seeking help from crisis lines, friends, or family
members is encouraged. Early clinical intervention for mental health issues is
essential. Clinicians must stay informed about these evolving suicide methods
and involve family members in treatment plans to effectively prevent suicides
among vulnerable youth.
CASE 2: Social
media users were captivated by images of conversations from the "bois
locker room" Instagram discussion group in May 2020. Content related to
objectifying women, making crude and offensive remarks about their body parts,
sharing altered images (including those of minors), and using explicit sexual
language were all present in the discussions. The majority of the teenage lads
in the chat group attended upscale schools in South Delhi. Two ladies, whose
altered photos became viral within the group, shared the screenshots of the
purported conversations on social media. The women who disclosed the chats were threatened by the chat group members
with the release of their naked photos. This was the first instance of
cybercrime in India to stem from an Instagram chat, as the Delhi Police's cyber
cell department filed a formal complaint (FIR) on the subject. According to
preliminary investigations, schoolboys made up the majority of the group's
offensive communicators, with some college students among them.
The boys
purportedly involved in the locker room chats admitted to regularly accessing
the internet and viewing sexually explicit material without their parent’s
knowledge. This underscores the significance of the lack of parental
supervision, a key aspect of the routine activity theory of crime. Exposing
juveniles to the internet without proper parental guidance heightens the risk
of their involvement in deviant behaviour or becoming victims of it. Further
investigations revealed that the admin of the groups was a 12th-grade
student (18 years old), however, the rape chats were started by a girl
whose age was not revealed, using a fake Id of a boy by suggesting sexual
assault on herself, “to check his reaction & the strength of his
character.”. To everyone’s shock, the girl was given a clean chit in the
matter by justifying her actions as “immature”.
There is a rise
in such cases, where a child murdered his mother in Lucknow as she scolded her
for playing an online game, & there are many such examples throughout
India. The legislation concerning cybercrimes in India requires updating to
align with advancements in digital technologies, as demonstrated by the 2008
amendment to the IT Act failing to anticipate smartphone misuse. Concerns arise from the lenient treatment of
juvenile cyber offenders, highlighting the necessity for comprehensive
legislation that balances the interests of victims and offenders and is
uniformly enforced regardless of age.
Henceforth, the
evolution of digital technologies necessitates a robust adaptation of
legislation concerning cybercrimes to effectively address emerging challenges.
For instance, the 2008 revision of the Indian IT Act failed to anticipate the
potential misuse of smartphones by cyber offenders, highlighting the need for
continual updates to keep pace with technological advancements. A significant
concern within society revolves around the lenient treatment of juvenile cyber
offenders, raising questions about the efficacy of deterrence strategies. While
overly harsh penalties risk further entrenching juveniles in criminal behaviour,
insufficient consequences may fail to deter repeat offences, exacerbating the
problem. Moreover, the prevalence of online misconduct perpetrated by juveniles
against their peers underscores the importance of comprehensive legislation
that safeguards both victims and offenders, recognizing the long-term impact of
such crimes on individuals' psychological well-being.
Addressing
these issues requires a multifaceted approach that prioritizes the protection
of individuals in the digital realm while promoting accountability and
rehabilitation for offenders. Efforts to strengthen cybercrime legislation
should focus on striking a delicate balance between punitive measures and
support mechanisms for juveniles, acknowledging their unique vulnerabilities and
developmental needs. Additionally, robust enforcement of cybercrime laws is
essential to ensure equal justice for all perpetrators, irrespective of age,
and to instil confidence in the legal system's ability to address digital
threats effectively. By fostering a regulatory framework that is responsive to
evolving technological landscapes and prioritizes the well-being of
individuals, the society can improve upon the difficulties of the cyber age
while maintaining principles of justice and fairness.
In addition to legislative reforms
and educational initiatives, fostering a supportive and empathetic online
community is paramount in addressing the root causes of juvenile cybercrimes.
Building strong social networks and providing avenues for open dialogue can create
spaces where juveniles feel understood and valued, reducing the likelihood of
engaging in harmful online behaviours. Encouraging positive peer-to-peer
relationships and promoting empathy and respect in digital interactions can
help mitigate the prevalence of cyberbullying and other forms of online
misconduct. Furthermore, investing in mental health resources and support
systems tailored to the digital age can provide juveniles with the tools and
assistance they need to cope with the pressures and challenges of online life
could help in reformation.
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& Abdul Shukor, Syahirah & Mohamad Ali, Norfadhilah & Abdul Ghafar,
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Crime among city youths due to
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INDIA, MARCH 28TH, 2021, 05:49 IST.
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Addicted online gamer in UP
kills mother for repeated scoldings, THE TIMES OF INDIA, FEBRUARY 26TH,
2024, 07:50 IST.
10. 14 year old online game addict fakes his own kidnapping,
INDIA TV, AUGUST 17TH, 2020, 08:59 IST.
11. The depressed boy who accepted “Blue Whale Challenge”,
INDIAN JOURNAL OF PSYCHIATRY, 2019, Jan-Feb; 61(1): 105-106.
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[1] The
Information Technology Act, 2002
[2] Juvenile
Justice (Care & Protection of Children) Act, 2015
[4] The
Information Technology Act,2002, §65B
[5] The
Juvenile Justice (Care & Protection of Children) Act,2015, §2(35)
[6] J.
Wolack, Online victimization of youth 5 years later, Washington National Centre
for Missing Exploited Children, 2006.
[7] id.
1 (pg.5)
[8] Indian
Penal Code,1860, §82
[9] Indian
Penal Code,1860, §83
[10] Indian
Penal Code,1860, §89
[11] Indian
Penal Code,1860, §354D
[20] The
Constitution of India ,1950, art. 39(f)
[21] The depressed boy
who accepted “Blue Whale Challenge”, INDIAN JOURNAL OF PSYCHIATRY, 2019,
Jan-Feb; 61(1): 105-106
Article Information
“Navigating the Inadequacy of Legislation: Juvenile Cybercrime and Internet Exposure”
Authors: Adarsh Mishra
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/17
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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