Open Access Research Article
CYBER CRIME: LAWS & PUNISHMENTS By: Ronith Raj C.S & Ahmned Hannan Anwar
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CYBER CRIME: LAWS & PUNISHMENTS
Authored By: Ronith Raj C.S
& Ahmned Hannan Anwar
Alliance School Of Law,
Alliance University Bangalore
ABSTRACT:
This paper focuses about cybercrime,
the laws made to stop cyber crime and punishments involved in the same. Cyber
crime is a leading headline in the 21st century or famously known as
the technological era, the crime rate with the usage of Artificial Intelligence
(AI) and internet has skyrocketed, the fear instilled in people made us think
twice before using any kind of technological devices or opening any kind of
websites. Internet, as useful and simple as it seems, it is at the same time
the most dangerous and a platform which makes the people vulnerable to the loss
of their details, privacy and even wealth.
The paper will also be focusing on
some of the leading cases related to cybercrime such as:
a) Shreya Singhal v. UOI
b) Avnish Baja v. State (NCR) of Delhi
And further we will look into the
Information Act 2000, the enactment, the punishments, the advantages. Many
section involved under Indian Penal Code (IPC) and the prominent cases under
the sections.
CHAPTER 1: INTRODUCTION
Cyber-crime is a leading problem in
every nook and corner of the world as we live in a digital era. Ever since the
invention of the World Wide Web (WWW) people found it very helpful and
advantageous in many ways for e.g.; if you wanted to know about a specific
thing all you had to do was type it in and within a span of seconds every
single interpretation of the said topic will be available in front of you or if
you wanted to cure boredom you can play games or watch movies and entertain
yourselves.
Internet has made possible those things which were
unimaginable a few years ago. The internet is becoming a fast way of living for
billions of people and everyone is basically dependent on the internet for each
and every job as there is a huge reliance on these machines for every aspect of
work. But with the advantages of use of internet also comes the disadvantages
of it. With the daily use of internet in every aspect of life there is a
greatest disadvantage of internet i.e., cyber-crime. Cyber-crime means crime
done with the help of computer or internet where computer is used as a tool or
as the target and includes everything from hacking a system to
denial-of-service attacks. Cyber-crime has been reported around the globe
and is now among the most important revenue sectors for crimes organised
globally
The World Wide Web was praised by
man-kind for its technological prowess and its high speed problem solving
mechanics and so on, but this praising had to come to a stop a few years later
as the internet evolved and people came up with apps and websites to make it
more interesting for the people and to make money out of it. This idea was
applauded as it made the lives of everyone easier as it helped people connect
with each other no matter how far they live from each other (social media) and
also lend a hand in acquiring knowledge and information just in seconds. But as
people say, “Life is not always unicorns and rainbows” and this was proven
right by the people itself, as all the websites and apps that we log into and
use takes in our details such as; email address, Ip address, contact info and
so on. This took a very bad turn after rumours started spreading that “all the
data are being sold to the highest bidder” and it turned out to be true and
instilled fear in people.
This became more serious when people
started hacking into social media accounts, bank accounts, social security
numbers and many more which further resulted in theft, identity theft, false
accusation, impersonation and cyber bullying. The number of crimes committed
through the usage of technology increased it became a huge headline without
much time, and Cyber Crime was
introduced.
Cyber crime is noted under The
Information Technology Act, 2000 also known as the ITA 2000 or IT Act. This is
the first cyber law in India that provides a legal infrastructure of e commerce
in India. This act was enacted on 9th of June 2000 but came into
effect on the 17th of October 2000. Cyber-crimes were further
mentioned in Section 499 of IPC – sending defamatory messages by email, Section
463 of IPC – Forgery of records, Section 40 of IPC – cyber frauds and Section
463 of IPC – email spoofing. The IT act has been enacted which ensure complete
privacy of the citizens details and this was made clear when Shiv Shankar Singh
stated “Each person must be able to exercise a substantial degree of control
over their own data and its use”. This act also defines cyber crimes and the
penalties for the same. Cybercrime can also be seen connected to normal IPC
violations such as:
Defamation: You can defame a person
through messages, images, or videos.
Threat: many cases were filed
regarding cyber threats and or cyber bullying.
1.1. NOTABLE CASES UNDER CERTAIN SECTIONS
SECTION 66A:
“This section criminalises the
sending of offensive messages through a computer or other communication
devices”.
CASES:
·
In September 2012, a freelance cartoonist Aseem
Trivedi was arrested under the Section 66A of the IT Act, Section 2
of Prevention of
insults to national honour act, 1971 and
its sedition under the Section 124 of the Indian Penal Code. "His
cartoons depicting widespread corruption in India were considered
offensive." (“Information Technology Act, 2000 - Wikipedia”)
·
On 30 October 2012, Puducherry businessman
Ravi Srinivasan was arrested under Section 66A. "He had sent tweet
accusing Karti Chidambaram, son of then Finance Minister P. Chidambaram, of
corruption." (“Information Technology Act, 2000 - Wikipedia”) Karti
Chidambaram had complained to the police.
·
SHREYA SINGHAL v. UOI:
Two
women were arrested under section 66a of the IT act after they posted allegedly
offensive and objectionable comments on Facebook concerning the complete shutdown
of Mumbai after the demise of a political leader. The women in response to the
arrest filed a petition challenging the constitutionality of section 66A on the
ground that it is violative of the freedom of speech and expression.
The
court based it decision on 3 concepts: discussion, advocacy, and incitement. It
was found that section 66A was capable of restricting all forms of
communication and it contained no distinction between mere advocacy or
discussion on a particular cause which is offensive to some and incitement by
such words leading to a casual connection to public disorder.
SECTION
69A:
“Power
to issue directions for blocking of public access of any information through
any computer resource.”
CASES:
·
On 29 June 2020, the Indian Government banned 59 Chinese mobile apps,
most notably Tik Tok, supported by Section 69A and citing national security
interests.
·
On 24 November 2020, another 43 Chinese mobile apps were banned
supported by the same reasoning, most
notably AliExpress . 54 more apps including popular video
game Garena Free Fire were banned on 14 February 2022 under the same
section.
SECTION 67:
“Punishment for
publishing or transmitting obscene material in electronic form.” (“Punishment
for publishing or transmitting obscene material in ...”)
CASES:
AVNISH BAJAJ v. STATE (NCR) OF DELHI:
AVNISH BAJAJ v. STATE (NCR) OF DELHI:
Avnish Bajaj, the CEO
of bazee.com was arrested under Section 67 of IT act for broadcasting of cyber
pornography. Someone else had sold copies of a CD containing pornographic
material through the bazee.com website.
LITERATURE REVIEW
·
Catherine D. Marcum, Cyber Crime, Criminal Justice Series,
Second Edition
This
provides us with a clear and thorough examination of the prominence of
cybercrime in our society, as well as justice system experience with
cybercrimes. Research from scholars in the academic field, as well as
government studies, statutes, and other material are gathered and summarized
the key concepts, statistics and legislative histories are discussed in every
chapter. The book is meant to educate a wide audience about the existing cyber
crimes and the possibility to fall into the trap and be a victim of it. This
text should be helpful to students, academic, and practitioners alike.
·
Prof. Dr. Anita Singh, Prof. Dr. Pradeep Kulshrestha, Prof. Dr.
Ritu Gautam, Cyber Crime, Regulation and Security: Contemporary Issues and
Challenges
in the era
of a fast- changing technically driven society, to make life easy and simple
people use various devices. The internet is one of the easiest and most
economical modes of connecting people and businesses across the world. Usually,
it is believed that a computer has been used as a medium or instrument for the
commission of cybercrimes like trespass, larceny, or conspiracy on the other
hand much credence is given to the unique nature of emerging technologies and
unique set of challenges, unknown to the existing cyber jurisprudence, such as
nature and scope of cybercrimes, intention, and difficulties in the locating
the offender, jurisdiction and its enforcement
·
Talat Fatima, Cyber Law in India
Derived
from the renowned multi-volume International Encyclopaedia of Law, this
practical guide to cyber-law, the law affecting information and communication
technology (ICT), in India covers every aspect of the subject, including
intellectual property rights in the ICT sector, relevant competition rules,
drafting and negotiating ICT-related contracts, electronic transaction, privacy
issues, and computer crime. Lawyers who handle transnational matters will
appreciate the detailed explanation of specific characteristic of practice and
procedure.
SCOPE AND OBJECTIVE
1)
Understanding Cyber-Crime.
2)
Understand why spreading awareness regarding
cybercrime is necessary.
3)
Elaborate the advantages of Cybercrime Law in
India.
4)
Know about the punishments and laws implemented
in India regarding cybercrime.
RESEARCH PROBLEM
Unauthorised
access to other networks, harassment via e-mail, cracking, hacking, page
jacking, carding, cyber-stalking and many more cybercrime. Some of the most
known cybercrimes include identity theft, ransomware, cyber extortion,
phishing, data breach, online shopping scams, etc. the ill effects of
cybercrimes often lead to extreme financial ruin and reputation loss to both
businesses and individuals. Cyber laws address and deals with many issues, such
as racism, online insults, gender targets to protect a person’s reputation.
Harassment is a major issue in cyber space[1],
which is a violation of both criminal laws and civil. In cyber law, there are
some hard laws defined to prohibit these kinds of despicable crimes. Apart from
this, the main problem that we come across is the lack of awareness within the
society about the threats and vulnerability when using technological appliances
and AI subjects, as there is no national regulatory policy in place for
cybersecurity there is a lack of awareness at both company level as well as
individual level. Domestic netizens can protect and be protected from the cyber
attacks only if there is a guided and supervised legal framework.
Major
challenge to cyber ethics is confidentiality which is a key ethical issue in
cybersecurity. Security professionals will, by the nature of their profession,
see and handle personal, private or proprietary information that should be kept
strictly confidential.
RESEARCH QUESTIONS
1)
Ethical problems with having cyber-crime law in India?
2)
How relevant is cyber-crime in India?
HYPOTHESIS OF THE STUDY
After going through
several articles and books in regard to Cybercrime it is can be understood that
Cyber laws in India needs to be more strict and the public or citizens should
have proper awareness about the threats that can possibly attack them.
RESEARCH METHODOLOGY
Since the study
requires collecting data from multiple sources, it will adhere to the doctrinal
approach. Primarily secondary sources are used. All available books, journals,
and papers were read. Published books and papers are the gold standard for
research. The following strategies will be used to achieve the study’s goals
and gather the required data.
·
Study of the existing books.
·
Books, journals, and articles may serve as both secondary
sources.
·
Internet surfing
CHAPTER 2: ETHICAL
PROBLEMS WITH CYBER-CRIME LAW IN INDIA
Cyber security
practices aim to secure computer systems and networks and keep data safe.
Those, data, system, and networks indeed hold some economic or other value in
themselves, but what security practices essentially protect is the integrity,
functionality, and reliability of organizations that rely upon such data and
systems. The following are the three important ethical issues in cyber
security: (“A Holistic Approach to Ethical Issues in Cyber Security”)
HARM TO PRIVACY:
Privacy harm is
conceptualized as the negative consequence of a privacy violation. The exposure
of sensitive personal information results in costly spam, phishing, or other
undesirable communications. The said, it is important to understand that
privacy harms do not jeopardize those whose sensitive information is directly
exposed to cyber threats. "Even those who try to live disconnected from
the digital cannot prevent sensitive data about them from being generated and
shared by their friends or family." (“A Holistic Approach to Ethical
Issues in Cyber Security”)
TRANSPARENCY AND
DISCLOSURE:
Cyber
security is a form of risk management, and because those risks substantially
affect other parties, there is a default ethical duty to disclose those risks
when identified, therefore affected parties can make informed decisions. For
instance, if a company finds out a critical vulnerability in its software, it
must notify its customers or clients of that discovery in a timely manner.
LACK OF
SEPARATION:
Unlike
countries or states, in cyberspace there are no boundaries, thus making the
armed assets of ONGC[2],
banking functions, etc, vulnerable to cyber attacks from anywhere. This could
result in security breaches at a national level, causing loss of money,
property, or lives.
Although
cyber ethics remains an under-researched field, we tried to shed light on
ethical issues in cyber security. Ethics have always been important in the
past, however, the awareness of ethics is becoming more critical now. Cyber
security professionals and organizations should adopt procedures for rigorously
evaluating the compliance of their members with the applicable ethical cyber security
obligations.
CHAPTER 3: HOW RELEVANT IS
CYBER CRIME IN INDIA?
"Cyberlaw responds to the unique
challenges of the Internet and other digital technologies." (“Brief Guide
To Understand The Importance of Cyber Laws in India”) These technologies have created
new opportunities for criminals, cyberbullies, and others who would exploit the
technology for their purposes. At the same time, they have also created new
ways for people to share information and ideas and connect. Cyber laws exist to
protect people from online frauds. They exist for preventing online crimes that
include credit card theft and identity theft. A person who commits such
thefts stands to face federal and state criminal charges.
Cyber law is a term used to describe the
legal aspects of using technology, particularly the internet. It covers various
topics, from copyright and trademark law to data protection and privacy. These
laws govern how information is collected, used, and stored. They are designed
to protect people’s privacy and prevent the misuse of personal information.
Other important cyber laws include those that deal with copyright
and trademark law.
These laws protect the
intellectual property rights of creators and owners of copyrighted material.
They are designed to prevent others from using or copying material without
permission. Still, other cyber laws govern the use of electronic
commerce or e-commerce. These laws govern the transactions that take place
online, such as the purchase of goods and services. They protect consumers and
businesses from fraud and other illegal activities.
3.1. Key takeaway for cyber law in India
1.
Cyber
law is a new and constantly evolving area of law.
2.
Cyber
law covers a wide range of legal issues including, but not limited to, cybercrime,
data protection, privacy, and e-commerce.
3.
Cyber
law is important in India because of the growing internet users and the
increasing reliance on technology.
4.
Cyber
law is important for businesses operating in India because it helps them to comply
with the law and avoid legal liability.
5.
Cyber
law is also important for individuals because it helps them to understand their
rights and responsibilities online.
CHAPTER 4: CONCLUSION
There is no one “cyber
law” but a collection of laws and regulations that govern the use of
technology. These laws are constantly evolving as modern technologies are
developed, and new ways of using them are found. Some of the most important
cyber laws deal with data protection and privacy. In general, the future of cyber
law in India is likely to be shaped by several factors, including the
increasing use of technology, the globalization of business, and the growing
threat of cybercrime. As technology advances and more people rely on the internet
to store sensitive information such as banking or credit card information,
criminals increasingly attempt to steal that information. Cybercrime is
becoming more of a threat to people across the world. Raising awareness about
how information is being protected and the tactics criminals use to steal that
information continues to grow in importance. But cybercrime does not yet seem
to be on the average person's radar. (“Cybercrime - Wikipedia”) There are 1.5
million cyber-attacks annually, which means that there are over 4,000 attacks a
day, 170 attacks every hour, or nearly three attacks every minute, with studies
showing that only 16% of victims had asked the people who were carrying out the
attacks to stop.
In India as well as across the globe, with the increasing reliance of humans on
technology, cyber laws need constant up-gradation and refinement to keep pace.
There has also been a significant increase in the number of remote workers as a
consequence of the pandemic, which has increased the need for application
security. There is a need for legislators to take extra precautions to keep
ahead of the imposters so that they can act against them as soon as they arise.
It can be prevented if lawmakers, internet providers, banks, shopping websites
and other intercessors work together.
PENALTIES:
· Tampering with the documents stored
in a computer system[3]: Imprisonment of 3
years or a fine of Rs.2 lakhs or both.
· Receiving a stolen computer source or
device dishonestly[4]: Imprisonment for 3
years or a fine of Rs.1 lakh or both.
· Identity theft[5]:
Imprisonment of 3 years or a fine of Rs. One lakh or both
· Cheating by personation[6]: Either imprisonment
for 3 years or a fine of Rs. One lakh or both.
· Violation of privacy[7]: Either imprisonment
up to 3 years or a fine of Rs. Two lakhs or both
· Cyber terrorism[8]:
Life imprisonment
CHAPTER 5:
REFERENCES
Article Information
CYBER CRIME: LAWS & PUNISHMENTS By: Ronith Raj C.S & Ahmned Hannan Anwar
Authors: Ronith Raj C.S, Ahmned Hannan Anwar
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/04
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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