Open Access Research Article
"Cybercrime Investigation & Evidentiary Aspect Vis-À-Vis Obscenity And Pornography In Cyberspace" - BY Dr. Ashok P. Wadje
Published Paper
Article Details
Cybercrime Investigation &
Evidentiary Aspect Vis-À-Vis Obscenity And Pornography In Cyberspace
Authored By –
Dr. Ashok Wadje[1]
Preface:
Computers, Information Technology,
cyberspace and internet world has profoundly changed lives of masses, bringing
out extreme transformation in the living style of the people. Thinking of human
activities without Information Technology, computer and internet, sounds
impracticable. What has changed over the period of time is the life style of
human beings in different forms ranging from business environment to education,
employment, communication, entertainment, governance, commerce and so on and so
forth. Especially this trend is global one, having bearing on the global
trends, transaction, trade, business, commerce, international relations and
communication. This indeed has replaced many of the classical and traditional
usages of communication. Information Technology has blessed the globe with
constant and healthy changes terms of what has been mentioned above. Almost
everything is online, available on a single click of the user from any corner
of the world.
Referring Information Technology, in
several of its form i.e. Computer, Computer System, Computer Network, Internet
and Mobile or handheld phones and several other electronic and communication
devices has brought this change in the society and in the lives of the people.
These devices and services of internet in the cyber world is sine qua non for
any individual or any entity working in business environment and otherwise.
People have actually started interacting very frequently through online
devices, bringing them together and more closure like never before.
Interaction, communication, exchange of things, goods and services, business
activity, governance and inter-state dealings has increased to such a level,
that it is unimaginative to revert back to traditional ways of human
intercourse of dealing with each other. But if one looks the other side of the
coin, this has indeed, exposed us to several problems and complex questions
leading to commission of crime or offences codified by the law of the land. No
one could have imaged at the time of adopting these technologies that, it might
lead us to some unthinkable human activities on cyberspace including commission
of several crimes in respect of said technology or with the help of such
technology. In this context it is pertinent to mention one quote:
“The modern thief can steal more with a computer than with a gun.
Tomorrow’s terrorist may be able to do more damage with a keyboard than with a
bomb.”[2]
“Cyber Crimes”: Nature, scope and extent.
Cyber space has today come to denote
everything about computers, the Internet, websites, data, emails, networks,
software, data storage devices such as hard disks, USB disks etc., and also
electronic devices such as cell phones, ATM machines etc. In short, definition
of “Cyber law” associates with ‘law governing cyber space’.[3]
Main concern of this branch is to:
1) Ensure ‘Cyber Security and
2) Prevent and curb cybercrimes.
Cybercrimes are, in the era of
technocrat world, real threat to the technological driven society, making it
difficult to legitimate use of the Information technology and usages.
Cybercrimes comes as a threat in many forms and ways in relation to Computer,
Internet, websites, data, emails, networks, software, data storage devices etc.
Cybercrimes can involve criminal activities that are traditional in nature such
as theft, fraud, forgery, defamation and mischief. The misuse of computers has
given rise to new age crimes such as hacking, cyber stalking, cyber
pornography, web jacking, denial of access, introduction of virus, credit card
frauds, financial crimes over or through or with the help of information
technology.
Nature of cybercrimes is challenging
and requires new definitions and understanding and a restatement of accepted
norms of criminal conduct and punishment because of several reasons.
It could be defined in simple words
as, “any illegal act that involves a computer, computer system or computer
network.”[4]
Moreover, when it comes to a particular legislation relating to cyber law
dealing with the “cybercrime”, there is further classification as to ‘cyber
contraventions’ and ‘cybercrimes’. The former is lesser sever and doesn’t take
into consideration mens rea i.e. intention behind the crime and later based on
intention to commit offences. In fact it is more about degree and extent of
criminal activity rather than anything else.[5]
Functionally, the word ‘cybercrime’ by its very terminology, restricts itself
to the offences committed on the Internet which is a network of computers that
communicate each other. It would also encompass offences committed in relation
to or with the help of computers. It has also been defined[6]
as: “a wide variety of criminal offences and unlawful activities related to or
having connection to computers.”
As
discussed above, with the passage of time and advancement of Information Technology, Cyber world has begun to follow an
altogether different path i.e. of taking undue advantages and unlawful gains
with the help of IT usages by targeting computer, Information Technology and
Cyberspace or with the help thereof, started committing new kinds wrongs to
which a new has been coined in all the legal systems of the globe:
“Cybercrime”. This could be committed with respect to following things[7]:
1) Against person
2) Against property
3) Against Organization/Government
4) Society
Such offences, unlike traditional
offences, are unique in terms of its crime causation, modus operendi, subject-matter and tools with the help of which it
could be committed. Though it was possible to prosecute the culprit of such
offences under traditional penal laws[8],
it was felt wise by Government to have a separate Act altogether to deal with
such type of offences. So Information Technology Act was enacted in the year of
2000, which stipulates number of Cybercrimes, making it an exclusive law
dealing with cybercrimes. So now with respect to Cybercrimes, Indian Penal Code
is no more applicable when it comes to cyberspace and a case for cybercrime,
now, could be registered under Information Technology Act, 2000.
Information Technology Act, 2000/2008
is the source of “Cyber Law” and is widely known as ‘Indian Cyber Law,[9]’
dealing thoroughly with terms ‘cyberspace’ and ‘information technology’.
Broadly, IT Act, 2000 could be
classified under two different parts[10]:
2. For making certain acts as
Cybercrimes[13]
punishable by Law.
In particular Following is the
‘scheme of Offences’[14]
as given in IT Act, 2000 and Amended Act of 2008:
1. Tampering with Computer Source
Document: Section 65
3. Offensive Messages: Section 66-A
4. Receiving Stolen Computer resource
& communication device: Section 66-B
5. Identity Theft: Section 66-C
6. Cheating by Personation by using
Computer Resource: Section 66-D
7. Violation of Privacy: Section 66-E
8. Cyber terrorism: Section 66-F
9. Obscenity in electronic form: Section
67 (General obscenity)
a. Obscenity in electronic form: Section
67-A (Sexual act or conduct therein)
b. Obscenity in electronic form: Section
67-B (Child pornography)
Before I begin with the theme of the
article it is worth to know what is it that Information Technology is all
about, its various forms, its functioning as given and contemplated by
Information Technology Act, 2000[17]
and Information Technology (Amendment) Act, 2008[18]
so far as ‘cyberspace’ is concerned.
“Information Technology” in common parlance connotes anything related to computing technology, such as
networking, hardware, software, the Internet, or the people that work with
these technologies[19].
“Computer”[20] means any electronic, magnetic optical or other high speed data processing
device or system which performs logical, arithmetic and memory functions by
manipulations of electronic, magnetic or optical impulses, and includes all
input, output processing, storage, computer software or communication facilities
which are connected or related to the computer in a computer system or computer
network,”
Furthermore, with respect to
‘Computer’ three more terms have been defined under Information Technology Act,
2000 which are to be read with. Those terms are: ‘Computer Network’[21],
‘Computer System’[22]
and ‘Computer Resource’[23]
It is pertinent to mention definition
of ‘Computer System’, in respect of
which original Act of 2000, mentioned certain activities amounting to
‘hacking.’[24] But now
amended IT Act of 2008 stipulates the said offence with respect or under the
head of: ‘Computer Related offences.’ [25] Definition
of Computer System runs as follows:
“Computer System”[26]
means a device or
collection of devices, including input and output support devices and excluding
calculators which are not programmable and cable of being used in conjunction
with external files which contain computer programmes, electronic instructions,
input and output data that performs logic, arithmetic, data storage and
retrieval, communication control and other functions.”
“Communication Device”[27] means cell phones, personal digital assistance or combination of both or
any other device used to communicate, send or transmit any text, video, audio
or image.”
“Electronic Form”[28] with reference to information, means
any information generated, sent, received or stored in media, magnetic,
optical, computer memory, micro film, computer generated micro fiche or similar
device.”
Definition of Electronic form to be read with two more terms which are defined in
the Information Technology Act, 2000, those are: ‘Data’[29]
and ‘Information’[30]
in electronic form. Importantly, definition of term “access” is crucial to know
about
Cyber Obscenity or Pornography:
The Internet has also come in for its share of
criticism over the availability of pornography. The growth of the Internet has
created an entirely new medium for the dissemination of any message, images,
pictures including pornographic one. Not only content has been criticized, but
also its ready availability for users of all ages. The worldwide nature of such
material as well as the ability to download images makes the system virtually
impossible to censor.
This is about general obscenity. The
problem is graver when we talk about cyber obscenity. For that matter we need
to see firstly what does mean by obscenity off-line. Off-line obscenity covers
generally, language, literature or representation dealing with erotic,
pornographic and sexually perverted subjects. But the obscenity of any matter
lies in its effect on the mind of the reader or viewer more than in any
definable quality of the matter itself.
It is difficult, if not
impossible, to define the word “obscene” satisfactorily, whether off-line or
on-line and to fix the person by whom and the standard by which the obscenity
or otherwise of a matter is to be judged.
Although the word
‘obscene’ is not defined in the Indian Penal Code (as it simply makes certain
acts as an offence), the judiciary have had an occasion to distinguish
obscenity from art and literature that contains sex and nudity by stating that
it is necessary to decide whether the obscene information is lascivious and may
deprave minds who find pleasure in such things. Supreme Court of India, in the
case of K. Abbas v. The Union of India & another[31] made a distinction between ‘Sex’ and
‘obscenity’ and has observed that, it would be wrong to perceive nudity &
sex as essentially obscene, indecent or immoral. ‘Sex’ & ‘obscenity’ are
not always synonymous.”
This approach of Supreme
Court has thrown some light on the definition of what amounts to obscene work
so far as restriction or regulation thereof is concerned. Obscene word is
generally used in relation to a work, if it is lascivious or appeals to the
prurient interest or if its effect, or (where it comprises two or more distinct
items) the effect of any one of its items, is. if taken as a whole, such as to
tend to deprave and corrupt person, who are likely, having regard to all
relevant circumstances, to read, see or hear the matter contained or embodied
in it .
Moreover, Information
Technology Act, 2000 too has not provided any definition of the term
‘obscenity’ but provided the same guidelines as is provided by sub-section (2)
of Section 292 of Indian Penal Code, 1860. Also it makes certain acts, in
relation obscenity in electronic form, as punishable. The only difference is
that Information Technology Act, 2000 regulates obscenity on electronic format.
Investigatory & Evidentiary aspects involved in
Cyber Obscenity or pornography:
Cyber pornography is one of supreme
menace online world is facing, of all the cybercrimes which are being committed
on web or internet. It has become a form of business to be carried out on
internet and has captured online market.
The said content is available on
numerous websites depicting pornography including child pornography. In most of
the countries child pornography is banned but pornography per se has not made
illegal. As discussed above, cyber pornography includes pornographic websites,
pornographic magazines and related information produced using web and computer
resources. The said content is available generally for following purposes:
1. Viewing of pornographic or obscene
content
2. Downloading the said content
3. Publishing or distributing the said
content
This is generally takes place by
registering a domain name using fictitious details and host a website on a
server located in a country where cyber pornography is not illegal. The suspect
accepts online payments and allows paying customers to view/download
pornographic or obscene pictures, video etc. from his websites[32].
Problem is grave in relation to
‘child pornography’ which is illegal in most of the countries and that too a
mere ‘viewing’ of child pornography is now an illegal activity. In addition,
publishing and transmitting obscene content is hit by Section 67 of IT Act,
2000. Routine filtration of such site is recommended by internet service
providers. For blocking child pornography on web, Information Technology
(Procedure and Safeguards for blocking for access of information by Public)
Rules 2009 and the same is possible either on a complaint before Police or ISP
is contacted for blocking such sites or a court order is required.
Cybercrime investigation refers to
the collection, analysis and investigation of digital evidence and cyber
trails.[33]
Generally speaking, digital evidence or electronic evidence is a kind of
information stored in or transmitted in digital or electronic form. Digital
evidence and cyber trails may be found in computer hard disks, cell phones,
CDs, DVDs, floppies, computer networks, the Internet etc. It can be hidden in
pictures, encrypted files, password protected files, deleted files, formatted
hard disks, deleted emails chat transcripts etc.
Moreover these evidence could also be
found in e-EVIDENCE can be found in emails, digital photographs, ATM
transaction logs, word processing, documents, instant message histories, ? les
saved from accounting programs, spreadsheets, Internet browser histories
databases, contents of computer memory, computer backups, computer printouts,
Global Positioning System tracks, logs from a hotel’s electronic door locks,
and digital video or audio ?les. Digital evidence tends to be more voluminous,
more difficult to destroy, easily modi?ed, easily duplicated, potentially more
expressive, and more readily available.[34]
Digital evidence can related to
several offences as given in the Information Technology Act, 2000 or
Information Technology (Amendment) Act, 2008, ranging from or related to
Computer related offences or hacking, cyber pornography, virus attacks, cyber
sabotage, phishing attacks, email hijacking, denial of service cyber
defamation, cyber terrorism etc.
In particular Cybercrime
investigation and evidentiary aspects involved in the Cybercrime is a part of
Forensic Science and generally referred as ‘Cyber Forensic’.[35]
It is pertaining to legal evidence found in computers and digital storage
mediums. Computer forensics is also known as digital forensics. Evidence is not
only limited to that found on computer but may also extend to include evidence
on digital devices such as telecommunication or electronic multimedia devices.
Because of the complex and
complicated nature of cybercrimes and in particular cyber pornography or
obscenity, law had to respond towards these crimes specifically, covering this
as an altogether a separate branch under the head of “cyber law” mostly dealing
with regulation, detection, and prohibition of cybercrimes. As discussed above,
Information Technology Act, 2000/2008 is Indian cyber law dealing exclusively
computer related aspects including cybercrimes. In this connection, legislature
had to amend certain related legislations such as Indian Penal Code, Indian
Evidence Act, and Banker’s Book Evidence Act. Indian Evidence Act, 1872, has
been amended in particular to include aspect of ‘digital evidence’. The definition of ‘documentary evidence’ has
been amended to include all documents, including electronic records produced
for inspection by the Court.
Article 9 (2) of the UNICITRAL[36]
Model Law provides that any information which is electronically stored shall be
given its due evidentiary weight. In assessing its weightage, the Model Law
provides that due consideration must be given to reliability of the manner in
which data message was generated, stored or communicated, to the reliability of
the manner in which integrity of the information was maintained, to the manner
in which its originator was identified, and to any other relevant factor. This
provides clear guidance to examine the weightage that must be given to
electronic evidence.
Let us have a look some of the
provisions of Indian Evidence Act which are related to cyber investigatory and
evidentiary aspects:
1) Section 3 of Evidence Act, 1872
defines "Evidence" means and includes--
"Evidence"
means and includes--
1.
all statements which the Court
permits or requires to be made before it by witnesses, in relation to matters
of fact under inquiry; such statements are called oral evidence;
2.
all documents including electronic
records produced for the inspection of the Court; such documents are called
documentary evidence.
In this context it is pertinent to
note that the term ‘electronic record[37]’
has been given the same meaning as that assigned to it under Information
Technology Act. Information Technology Act provides for:
(t) "electronic record" means
data, record or data generated, image or sound stored, received or sent in an
electronic form or micro film or computer generated micro fiche.
2) Section 17 of Evidence
Act, 1872 provides for ‘admission’. This
definition has been changed to include a statement in oral, documentary, or
electronic form which suggests an inference to any fact at issue or relevance.
3) Section 22-A has been
inserted into Evidence Act to provide for the relevancy of oral evidence
regarding the contents of electronic records. It provides that oral admissions
regarding the contents of electronic records are not relevant unless the
genuineness of the electronic records produced is in question.
4) Section 65-A and 65-B
are introduced to the Evidence Act, under the Second Schedule to the IT Act.
Section 65-A provides that the contents of electronic records may be proved in
accordance with the provisions of Section 65-B. Section 65-B provides that
notwithstanding anything contained in the Evidence Act, any information
contained in an electronic form, is deemed to be a document and is admissible
in evidence without further proof of the original’s production, provided the
condition set out in Section 65-B are satisfied.
In this context, before accepting
digital evidence a court will determine if the evidence is relevant, whether it
is authentic, if it is hearsay and whether a copy is acceptable or the original
is required. It is pertinent to refer to few judicial pronouncements with
respect to evidentiary aspect of cybercrime prosecution where judges are
beginning to recognize and appreciate the importance of digital evidence in
legal proceedings.
In the case of Bodala Murali Krishna V/s. Smt. Bodala Prathima[38] court
held that the amendments carried to the Evidence Act demonstrates that the
emphasis, at present, is to recognize the electronic records and digital
signatures as admissible pieces of evidence.
Supreme Court in State of Maharashtra V/s Dr. Praful B. Desai[39]
the question involved was whether a witness can be examined by means of a video
conference. Supreme Court observed that video conferencing is an advancement of
science and technology which permits seeing, hearing and talking with someone
who is not physically present with the same facility and ease as if they were
physically present. The legal requirement for the presence of the witness does
not mean actual physical presence. The court allowed the examination of a
witness through video conferencing and concluded that there is no reason why
the examination of a witness by video conferencing should not be an essential
part of electronic evidence.[40]
But when it comes to the requirement
of evidence that too, in the case of digital or electronic evidence, in the
context of cyber obscenity or cyber pornography position of law is somewhat
difficult. So far as obscenity on Internet
or in electronic form is concerned it
is available in different forms, such as:
Ø Picture
Ø Short animated movies
Ø Sound files and
Ø Stories
Ø Different communications etc.
Moreover internet also
makes it possible to discuss Sex (literature, queries, consultations, chat
groups, etc.), see live sex video footage, etc.
Indian Law i.e. Section 67 of the Information Technology Act, 2000 and also amended Act of 2008 prohibits “obscenity on internet or in
electronic form.” An analysis of this
section is:
Ø Acts which:
§ Publishes
§ Transmits
§ Causes to be publishes
Ø “Any material”
§ Video files, audio files, text files,
images, animations and also
§
CDs, Web sites, Computer, Cell Phones
etc
Ø Which is-
§ Lascivious
§ Appeals to prurient interest
§ Tends to deprave or corrupt of minds
of the persons.
How to trace an offender:
Investigation of crime on the crime
is highly difficult task and all those methods which are there for detection of
crime are still in its infancy. Difficulty arises mostly because of techniques
which could be employed in concealment of crime in cyberspace. In fact, cyber
criminals are much ahead of present investigation mechanism.
Indian Legal system has a long way to
go; to establish a perfect mechanism for investigation, detection and
preventing cybercrimes. It’s not that Information Technology Act, 2000 is
futile and incomplete to deal with these offences, what we are lacking is the
“effective enforcement mechanism”.
In USA, FBI seeks assistance of
National Security Agency established for that purpose. These two bodies work in
tandem in cases of Cybercrime and investigation thereof.[41]
Nevertheless, on the basis of
following things, it would be easy to trace the offender or cybercriminal in
case of Cyber obscenity or pornography:
1) Tracing the origin of Computer,
computer system, and Computer Resource or Communication device used for the
purpose.
2) Computer Logs
2) IP number of offender, route taken
by the offender.
3) With the help of Intermediary or
Internet service Provider, whichever applicable.
4) With the location of server.
5) Role of Intermediary: Intermediary
could be Cyber Cafe owner, Search Engines, ISP's, Telecom Service Providers,
Web-hosting service providers, Network service providers etc. etc. In rare
cases these may be held liable, or they may be taken as a help in tracing the
offender, since under IT Act, a Government is authorized to call upon
"intermediaries" to render every such assistance. In most of the cases
ISP will not held liable for "third party information".
Most pornographic websites are hosted
in countries where cyber pornography is not illegal. In case the website can be
traced to India or some other country where pornography is illegal, then the suspects
can be traced using the IP address.
So as to facilitate the trial and
investigate the litigation or dispute involving cyber obscenity or pornography
following mechanism is designed:
1) Cyber Cells are specifically
established for the purpose of investigation and detection of cybercrime (These
cells are very active in Mumbai, Chennai and Delhi).
2) Help of Cyber Professionals or
Professional cum ethical hackers and
3) As mentioned above, help of ISP's
and/or intermediary can be sought. Intermediaries play a vital role in
cybercrime investigation.
4) Moreover during trial of a case,
Court may order or ask for the help of any Cyber Professional recognized or
authorized by the Government of India, whether for Expert opinion or assistance
or as an amicus curiae.
Well, often Information Technology
Act, 2000 was subject matter of criticism for being toothless legislation, but
by virtue of amendment by Information Technology (Amendment) Act, 2008[42],
a special power is vested on the Central Government or State Government or
authorized officer to intercept, monitor or decrypt any information through any
computer resource it considers necessary, for investigation of any offence. By
virtue of this provision or power any information generated, transmitted, received
or stored in any computer resource can be intercepted and any intermediary or
subscriber may be called upon to provide the required information failing which
such person is liable to be punished.
Moreover, Central Government is
empowered to appoint any department or agency of the Central Government or
State Government as Examiner of Electronic Evidence by virtue of Section 79A of
IT Act to provide expert opinion on electronic evidence before any court or
authority. The said ‘electronic evidence’ as mentioned above includes computer
evidence, digital audio, digital video, cell phones, digital fax machine as
explained in the Explanation to Section 79A. The appointment of examiner of
electronic evidence is a positive step in strengthening enforcement of cyber
laws in India.
Fixing liability:
The persons who create and maintain
the pornographic websites are liable. In some cases cyber café owners and
managers may also be held liable in case they knowingly allow their customers
to access the pornographic websites. When it comes to cybercrime in particular
Cyber pornography or obscenity, an offender or person who could be held liable
is dependent on numerous factors. A person who is liable therefor could be:
1. Originator of impugned content
2. A person who has made available, an
online platform for such act.
3. A person who has actually uploaded
the information or
4. A person who has distributed or
hosted or circulated the impugned content or
5. An owner of website or
6. An Internet Service Provider or
7. An Intermediary
Before coming into force of
Information Technology (Amendment) Act, 2008, an Internet Service Provider[43]
was not liable for any third party information or data made available by him if
he could prove that the offence or contravention was committed without his knowledge
or he has exercised due diligence to prevent the commission of such offence or
such contravention and the burden of proof of lack of knowledge or exercise of
due diligence was placed on the Intermediary. In this context a reference must
be given to the judicial decision in Avinash
Bajaj V/s State[44]
where an intermediary failed to prove lack of knowledge and adoption of due
diligence parameter to escape liability under the IT Act, 2000. Court observed
that the Director and CEO of Bazee.com could not prove lack of knowledge and
that he had adopted due diligence in performing its duties when a third party
placed a DPS MMS clip on its auction site Bazee.com. The court not only held
that ISP could not escape liability under Section 79 of IT Act, 2000 but also
explained a very important aspect of vicarious liability vis a vis ISPs.[45]
But now as per Information Technology
(Amendment) Act, 2008, the onus is on the aggrieved party and Internet Service
Provider (ISP) is not liable for any third party information, data, or
communication link made available or hosted by him, if it observes due
diligence in performing its duties and complies with guidelines provided by
Central Government.
Conclusion:
Of all the cybercrimes that are
committed on internet or on web through or with the help of computer, ‘cyber
obscenity or pornography’ is being committed rapidly and frequently. The said
content is available on a single click by the user accessing any website on web
from any corner of the world. Manner of detection, investigation, proof and
prescribing liability in case of cybercrimes in general and cyber pornography
in particular is different, difficult, complex and contentious from that of
conventional type of investigation & proof of crime.
Since it is committed through use of
technology, the first task here for the Law enforcement agency would be to get
well versed with the technology by understanding its dodges and nuts and bolts. Training of law enforcement
agency or personnel is the need of the hour, so as to keep pace with the
investigatory aspects of cybercrime. Secondly, India cyber law needs to be in
consonance with the international information technology law so as to have and
ensure uniformity of cyber law which ultimately facilitates the cyber investigation
including detection thereof, since the very nature of cybercrime is global and
universal and could be committed from any corner of the world which can have a
global impact.
Moreover, India needs to a Cyber
Crime Convention which deals with the transnational organized crimes including
cybercrimes. A joint effort is required at national and international level and
combined efforts of government, technical industry, law enforcement bodies and
the general masses will lead to tangible results.
[1] Registrar (I/c) and Associate
Professor of Law at Maharashtra National Law University, Aurangabad. The Author
is holding Ph.D. Degree in Cyber Law. Email ID of the Author: ashokwadje@gmail.com
[2] NATIONAL RESEARCH COUNCIL: COMPUTER AT RISK, (National Research Council,
USA )(1991), National Research Council, USA.
[4] VAKUL SHARMA, INFORMATION TECHNOLOGY: LAW & PRACTICE, 160, (Universal Law
Publishing Co, 3rd ed. 2011).
[5] Id, at 160.
[6] DEVASHISH
BHARUKA
& AJIT
JOY,
LEGAL
DIMENSIONS
OF
CYBERSPACE, 228,
(S.K. Verma & Raman Mittal eds. 2004, Indian Law Institute).
[7] PRASHANT MALI, CLASSIFICATION OF CYBER CRIME, http://www.lawyersclubindia.com/articles/Classification-Of-CyberCrimes--1484.asp#.UpRyXtKnpoE (last visited on Nov. 26, 2013
at 3:36 pm.)
[8] Indian Penal Code, 1860 and
allied laws.
[10] DEVASHIS BHARUKA, AJIT JOY, Computer Crimes, in LEGAL DIMENSIONS OF
CYBERSPACE 232 (S.K. VERMA, RAMAN MITTAL
ed., 2004).
[11] Electronic commerce
[12] Electronic Governance
[13] Broadly speaking this has been
given under two different heads under IT Act: “Contraventions” and “Offences”.
Contraventions entail penalty on culprit and offences prescribes and imposes
punishment.
[14] Chapter XI of I.T. Act.
[15] In the original I.T. Act, 2000
it was mentioned as ‘Hacking with the Computer System’.
[16] To be read with Section 43 of
the Act.
[17] Hereinafter referred as “IT Act,
2000”
[18] Hereinafter referred as “Amended
I.T. Act of 2008”
[19]
Tech Terms.com http://www.techterms.com/definition/it
(Last updated on December 29, 2013 at 11:45 am).
[20] Section 2 (i) of I.T. Act, 2000
[21] Section 2 (j)
[22] Section 2 (l)
[23] Section 2 (k)
[24] Section 66 of old IT Act of
2000: ‘Hacking with Computer System’:
Whoever with the intent to cause or knowing that he
is likely to cause wrongful loss or damage to the public or any person destroys
or deletes or alters any information residing in a computer resource or
diminishes its value or utility or affects injuriously by any means, commits
hacking.
[25] Section 66 of I.T. Act, 2000:
Computer related offences’, inserted by Information Technology (Amendment) Act,
2008.
[26] Section 2 (l) of IT Act,
2000/2008
[27] Section 2 (ha)
[28] Section 2 (r)
[29] Section 2(o)
[30] Section 2 (v)
[31] AIR (1970) 2 SCC 780
https://37c96d72-a-1c2e865b-s-sites.googlegroups.com/a/prashantmali.com/prashantmali/CSICommElectronicEvidenceCyberlaw.pdf?attachauth=ANoY7criL2is4g8HPWIcwS2PAQWL94gLmsQ44_tkxMMKHSInfADWwroDfOXdru9EWZRNLBmPVtTSBQYNwI5paBxoZDRM5lklgFEwSRsnQQxBvyzL_LXPT9gyyqcVqm3wjCxzmuGn6f_ZQvq8Bt4oAwUR7oW5cAD9EgHLGP57RSvS4QbaN75dLTWgeDSEluMr-bl76usVy0fgFpVeYvVVplCi19jaF3E-Yjp
s982cLwYfZPkk0nfCAcPKM6WwdRPoSBqMTcm&attredirects=0 (Last updated on December 31, 2013 at 1:47
pm).
[35] Id.
[36] United Nations Commission on
International Trade Law
[37] Section 2 (t) of Information
Technology Act, 2000.
[38] (2007 (2) ALD 72)
[39] AIR 2003 SC 2053
[40] ADV. PRASHANT MALI, Supra note 34.
[41] FEDERAL BEARUO OF INFORMATION, http://www.fbi.gov/about-us/cirg/investigations-and-operations-support/investigations-operations-support (Last updated on December 31,
2013 at 10:30 am).
[42] Section 69 of Information
Technology Act, 2000.
[43] Covered under the definition of
‘Intermediary’
[44] Popularly known as Bazee.com case/DPS MMS clip case (2005 DRJ 576)
Article Information
"Cybercrime Investigation & Evidentiary Aspect Vis-À-Vis Obscenity And Pornography In Cyberspace" - BY Dr. Ashok P. Wadje
Authors: Dr. Ashok Wadje
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/11/22
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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