Open Access Research Article
CYBER CRIMES BY JUVENILE DELINQUENTS
Published Paper
Article Details
CYBER CRIMES BY JUVENILE
DELINQUENTS
AUTHORED
BY - MS. PRACHI RANJAN,
Student BBA LLB 3rd year,
Bharati Vidyapeeth (Deemed to be University) New Law College, Pune
CO-AUTHOR - MS. SHIVANGI
SINHA,
Assistant Professor,
Bharati Vidyapeeth (Deemed to be University) New Law College,
Pune.
ABSTRACT
In a country, the future is mostly
dependent on their children. They should be given proper guidance with right teaching
of living. This paper aims at discussing the reason why minors are rapidly involving themselves into committing cybercrimes. If technology is not used in the right
way then it will end up being a curse or say disadvantage. The paper focuses on
various types of cyber crimes committed by juveniles, reasons responsible for
cyber crimes by juvenile, laws related to these cyber crimes and recent data
related to cyber delinquencies.
KEYWORDS
Cyber delinquency, cyber space, juvenile,
cyber crime, Information technology Act, 2000
INTRODUCTION
A criminal conduct is any behavior that has an adverse effect on society
as a whole. Every wrongdoing has this quality, which distinguishes it as a
crime. Cybercrimes are defined as any illegal activity carried out through the
use of computer and internet. Every day new technologies are being developed.
Our society is rapidly turning into technology driven society. With new technologies
being developed daily, modern civilization is increasingly getting used to it. Nowadays, everyone has a spike in our technologically advanced world. Thanks to modern system-
accelerating software, our communications are faster, our financial
transactions are simpler, and our businesses are growing. We are becoming more
susceptible to different risks as we develop into an electronic society, which
goes along with the technical progress. We are getting closer to living in an electronic world, means that as technology advances, so do the hazards
that come with it. The concept of cybercrimes was
developed in response to this threat that comes with the advancement of the
technologies. There is no definition
of cybercrime in India; nevertheless, the Although the situation is getting bad with every increasing day, what’s even more concerning
is the fact that the kids who
are doing these kind of acts are not even versed with the fact that the things which
are done by them is not just a casual
or informal act, it constitutes a criminal offense, that carries harsh penalties. The main reason
for this is the unawareness of the result of these acts.
WHAT IS JUVENILE DELINQUENCY?
A person who disobeys Information Technology Act of 2000[1]
and the Information Technology Amendment Act of 2008 address different types of cybercrimes and the
regulations that regulate them. Young people
often misuse technology for their own advantage and commit cyber fraud and other
types of cybercrimes. Various kinds of cybercrimes that have been committed by minors are online frauds, harassment, and stalking, etc. Besides these well known crimes, there is cyber theft,
hacking, etc. a legal requirement, duty, is considered delinquent. The
incidence of cyber delinquency has been rising annually. There appears to be a
growing trend in cyber delinquency when we concentrate on the statistics
released by the National Crime Bureau. Kids are becoming more and more vulnerable as a result of their
increased daily exposure to the social media platforms. Lately, adolescent
offenders in India have been committing new types of cybercrimes, which involve using
computers or the internet for illicit purposes.
The Juvenile Justice
and Delinquency Prevention Act of 1974, defines a juvenile as “a person who
has not attained his age of majority that is eighteen years”. In the US, the
term “juvenile delinquent” was coined in 1800s to characterize adolescent
offenders. A person who has not reached the age of eighteen
and engages in behavior that would be deemed illegal
if committed by an adult is classified as a juvenile
delinquent. Under the Juvenile Justice And Delinquency Prevention Act of 1974[2],
section 2(a) defines “juvenile delinquency” as “the act or procedure of
violating the law committed by a person who has not reached his or her age of
majority”.
WHAT IS CYBERSPACE?
The term “cyberspace” describes the online communication-facilitating virtual
world of computers, and more precisely, an electronic medium or we can say an
online networked environment is called
cyberspace. With the growth of the internet
technologies, this kind of virtual
environment has become more common. A vast computer network made up of numerous
global computer sub networks that use the IP
protocol to facilitate communication and data exchange is usually what cyberspace is all about.
It includes virtual
areas where people communicate and share
information, as well as online platforms and the internet. One method to
discuss cyberspace is to refer to the various uses of the worldwide internet,
ranging from business to enjoyment. We observe the existence of the cyberspace
whenever participants establish virtual meeting spaces. You could say that
wherever the internet is used, a cyberspace is created. The increasing number
of internet-connected devices, including smartphones and desktop computers,
indicates that the cyberspace is expanding in a theoretically grounded but
practically applicable sense.
CYBER DELINQUENCIES
The number of cybercrimes has been rising annually. Cyber delinquency has
been rising daily in a similar manner. Based on data released by the National
Crime Bureau, it appears that there is a growing trend in cyber delinquency. There are several
factors at play here,
but the problem hasn’t been
fixed. Internet vulnerability is growing daily, making our children more
exposed in the process. Given below are various types of cyber crimes committed
by juveniles[3]:
v Cyber Pornography-
The term “cyber pornography” describes explicit sexual content that is
accessible or transmitted via websites, social media, chat rooms, and other
social media platforms. It entails using technology to produce, distribute, or
consume graphic sexual content. Technology
exists to benefit and progress humankind. Children typically utilize technology
to engage in illegal activities, the use of cyber pornography is one of
such act. Although the IT Act
of 2000 does not expressly list cyber pornography as a crime, section 67 of the act punishes and fines anyone who
publishes, transmits, or causes to be published or transferred any data that is
considered offensive have a tendency to act in ways that are against the moral interests
of society. The juvenile justice
system in India
rehabilitates and does not
penalize misbehaving youth. It is the act of sought to turn the offender around
such that a young person who acted improperly without having the ability to
being aware of the act’s nature does not transform it into a fierce criminal.
v Cyber Suicides-
One of the leading causes of death for young people worldwide is suicide. A new
phrase called “cyber suicide” was created to describe suicides that have been
occurred in some kind by the use of technology. Individuals document their
suicide or broadcast it live utilizing online. Lately, a game named Blue Whale
challenge appeared on social media platforms. In this game, the goal was to end
one’s life. Numerous other suicides were happened due to this. It was a 21-year
old Russian boy who acknowledged that he made this game so kids could kill
themselves, and society is purified.
v Cyber Bullying-
Cyber bullying is defined as the use of technology to harass, threaten,
embarrass, stalk or target another person and often persists among young
people. Teenagers can learn more about and develop
deeper relationships with new acquaintances to social media.
Although teenagers are accustomed to using new communication channels,
this does not mean that they are computer experts or network experts,
particularly when it comes to the potential harm that can result from careless
use of the network. The term “cyber bullying”, which was coined in 2006 by
Peter K. Smith[4]
and colleagues and defined as “an aggressive and intentional act, conducted by an individual or group of individuals, using
various forms of electronic contact, repeated over time
against a victim who has difficulty defending himself”, is often used by young
people to conceal
themselves behind technological means in order to carry out new forms of bullying that have
emerged alongside the traditional forms of bullying. Also, the students who experienced cyber bullying are more
likely to engage in delinquency as those students have developed negative
emotions from those experiences.
v Digital Piracy-
The act of stealing software, movies, music, or other digital content
without the owner’s consent or payment is known as digital piracy. The actions
of piracy are fairly easy to complete, perhaps clarifying what makes a large
number of these pirates are under 21. Young people like to hear music, and viewing movies,
and they want to get them for free.
For convenience, young people typically pirate music or films and not for the
thrill of stealing.
v Cyber Stalking-
Cyber stalking, which often refers to a pattern of menacing or malevolent
acts, is the use of the Internet, email, or other electronic communications for stalking purposes. One may argue
that cyber stalking is the most of the riskiest
forms of online
harassment, predicated on
assuming a danger of injury. Sanctions apply to both convictions and offences.
The majorities of stalkers
who target their
victims in person
are known to them, either through former romantic partners
or avoided acquaintances. However, cyber stalkers—online stalkers—may prey on
total strangers. Cyber stalking refers to the observation or online
intimidation directed at another individual. Cybercriminals could have access
to their victims' using social media and email accounts without authorization.
This cyberstalking is rapidly indulging into the juveniles as they are not
aware of the fact that what they are doing and what will be the consequences of
these acts.
v Cyber Crime Against Children-
Children typically adjust
to computers faster
and more effortlessly than adults. Children
of today are raised
with computers that are connected to the internet
and the rest of the world.
Many of them enjoy experimentation and exploration. Unfortunately, without them
realizing it, their research and exploration might take children to “places”
online that are illegal, turning them into criminals unknowingly. Also in
movies and animations, some things are shown which influences the young
children and they get stuck in these kind of acts. Cybercriminals coerce
children into online relationships with one or more of their peers in order to
engage in sexually explicit behavior, and they also portray youngsters in
inappropriate, indecent explicit images.
REASONS RESPONSIBLE FOR CYBER DELINQUENCY
Cybercriminals
are always searching for a simple approach to earn a lot of money. They target
wealthy individuals or wealthy
institutions, such as banks and financial businesses, where vast sums of money
are transacted on a daily basis, and steal confidential data. Because computers
are susceptible, laws are needed to safeguard and protect them.
·
Capacity to
store data in comparatively small space – One special feature of the
computer is its ability to store data in a very tiny amount of space. People
can now very easily steal data from storage device and utilize it for their own
gain.
·
Easy to access – Hackers can take enhanced
voice, retinal images,
and have access
codes. Many security mechanisms can be circumvented by using devices
like recorders, etc., that
can easily trick biometric systems and get past firewalls.
·
Complex –
Operating systems, which power computers, are composed of millions of code
instructions. Because of the limitations of the human mind, errors can occur at
any point, cybercriminals exploit these weaknesses.
·
Negligence – One of the traits
of human behavior
is negligence. Therefore, there’s a chance that in our haste to defend the
computer system, we could do something that gives cybercriminals access to and
control over the whole system.
·
Loss of
evidence – It is simple to destroy the information connected to the
crime. Thus, the infrastructure that underpins the investigation of cybercrime is paralyzed by the evident and widespread problem of evidence
loss.
LEGISLATIVE FRAMEWORK
The swift advancement of computer technology and the internet worldwide has given rise to
new types of international crime that could
have an impact on the
country across the globe. Therefore, awareness and implementation
are required across national limits of the essential laws for the avoidance of crimes involving computers. But none of them of the law when expressly considered discusses how young people are
involved in these kind of crimes causes and solutions. For example, in India as
of right now, there no agreement in place with any other nation regarding
extradition any culprits of cybercrime. The majority of cybercrimes in India
are enumerated in accordance with the Information Technology Act, 2000, which
was subsequently revised
in 2008. The other regulations are the Indian Penal Code 1860, the Evidence Act 1872, the Code of Criminal
Procedure, and the Negotiable Instrument Act of 1881, but none of the laws
mentioned above specifically discusses the offences performed by the juvenile
in the online environment. We need strict laws
that could stop these delinquencies because cybercrime is growing rapidly, on a
daily basis. Following the 2013 revision to the Indian Penal Code 1860, many
new provisions were added to combat cybercrimes in India. These sections
include section 292A, which deals with printing material intended for
blackmail, section 354A, which deals with sexual harassment, and section 354D,
which deals with stalking. Section 66A of the Information Technology Act stipulates penalties for transmitting inappropriate content any form of communication device,
and offers remedies for cyberbullying as well. Invasion of privacy is
also subject to harsher penalties under Section 66E[5],
and publishing pornographic images is punishable under Section 67[6].
Accepting any stolen computer resource or communication dishonestly is
punishable under Section 66B of the IT Act.
The Information Technology Act’s
Section 66C lays out the penalties for identity theft.
It states that anyone caught
using someone else’s
electronic signature, password, or other unique identifying include deceitfully or dishonestly faces up to three years in prison
and a fine up to Rs. one million.
RECENT DATA ON CYBER DELINQUENCIES BY
JUVENILES IN INDIA
It's
not like the issue has suddenly gotten worse in the previous two to three
years. Over 13,000 crimes were perpetrated by juveniles between
2017 and 2021, according to data from the National Crime Records Bureau, and over
16,000 of those kids were arrested for their crimes. The report includes a
graphic list of crimes, including 314 murders, 412 attempted murders, more than
500 rapes, 982 incidents of causing harm or serious harm, more than 475 cases
of assault or use of criminal force against a woman with the intention of
upsetting her modesty, 1,401 robberies, and more than 6,600 thefts by minors.
Police
and juvenile detention personnel emphasized the necessity for the government to
concentrate on reformation and shelter
houses in the city when questioned about potential remedies. They claimed that one
of the biggest concerns and a significant difficulty facing the police was
relapse, or the arrest of young people for repeated offenses.
·
One of the major scam happened in the year 2020
by the juveniles, famously known as “Bois
Locker Room”[7].
Social media was rocked by this unprecedented scandal. It was discovered that some young ones were posting
obscene remarks on and objectifying girls, in an Instagram
group. Following the publication of a few screenshots from this group, a heated
debate broke out, with well-known figures expressing their opinions on both
sides. Even though criminal charges have subsequently been brought, the episode
highlights important legal issues about youth cybercrime. The Delhi Commission for Women
took suo moto note of the Bois Locker Room case and requested
that the police
look into the problem. After
that, the Delhi
Cyber Cell opened a case. However,
the investigation might have begun much sooner
if a straightforward complaint had been made to the police station rather
than participating in the pointless callout culture. If the callout could have at least been postponed until the complaint was actually made.
Trial as Adult-
The Board will issue an order recommending that the youngster be tried as an
adult if it is determined that he committed a serious crime and possesses the necessary
mental capacity. After that, the matter will be transferred to the proper
Children's Court. The Court will issue a suitable order as a Board if it
decides the trial is not necessary. If authorized, the adult trial will proceed
in accordance with standard criminal justice protocol. But no youngster shall be
incarcerated until he is twenty-one years of age or older. Rather, he will be transferred
to a secure location with rehabilitative resources available.
·
Another
one, also the 1stever web crime conviction involving a Juvenile,
known as “A’ bad boy”[8], in April 2009 flashed out in
Mumbai, in which, a child aged 16 years, Ahmedabad student who threatened to blow up Andheri train
station in an email last year was found guilty by a child court. According to the boy, he sent the email
for the enjoying his practical joke appeared
on TV as "breaking news." The child, a science student
in class XII, was detained
on March 22 of last year after he sent an email to a private news channel purporting to be a member of the Dawood Ibrahim
gang. The young man produced an yahoo email in Ahmedabad cyber cafe on March 18, and submitted
the email on the same day at 5:28 PM. According to the email, the entire bomb was planted on the inspector
of the cybercrime said, "Unspecified train to blow it
up." After receiving the email, a criminal notification under section 506 (ii) was resisted with the
Andheri police. The following day, it was changed to the CCIC for
further research.
CONCLUSION
Today's
internet world has evolved into a parallel reality to life itself. The public
can now accomplish things that were unthinkable only a few years ago. There are
various factors due to which cyber delinquencies takes place. As an example,
the poverty, social isolation, lack of communication with parents are examples
of social variables. Lack of sex education is another element that should be taken
into account for adolescents, as their ignorance of these truths might result in
crimes like transmission of sexually explicit materials and cyber pornography. Children's
minds are still developing, which can additionally encouraged them to have
friendly trust in everyone, which can also lead kids astray when it comes to
using computers and can prompt individuals to commit cybercrimes in the online realm.
As we wrap up our discussion, we can state that a variety of circumstances can
contribute to cyber delinquency, sometimes purposefully and other times
unintentionally. Parents are the most significant primary group in the
community and have the power to either prevent or contribute to cyber
delinquency.
[1] Information Technology Act, 2000, §
66, (India).
[2] Juvenile Justice and Delinquency Prevention Act of 1974,
§ 2(a), India.
[3] Astha Srivastava & Shivangi Sinha, Cyber Delinquency:
Issues and Challenges Under Indian Legal System, International Journal of
Engineering and Advanced Technology (IJEAT), May 2019
[4] Smith, 2006, p. 83.
[5] Information Technology Act, 2000, §
66E, (India).
[6] Information Technology Act, 2000, § 67, (India)
[7] Budhaditya Ghosh, Bois Locker Room:
Cybercrime and Juvenile, LEX INSIDER, May, 2020
[8] A’ bad boy 1st juvenile cyber crime convict, Mumbai Mirror,
April, 2009
Article Information
CYBER CRIMES BY JUVENILE DELINQUENTS
Authors: MS. PRACHI RANJAN, MS. SHIVANGI SINHA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/24
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
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