Open Access Research Article
FFENCES RELATED TO CYBERSPACE AND CYBERCRIME
Published Paper
Article Details
OFFENCES RELATED TO CYBERSPACE AND
CYBERCRIME
AUTHORED BY - KISMAT[1]
& SHEETAL
Abstract-
“Cybercrime directly refers to the
activities which are particularly done with using the various modes of
communication technology equipments such as the cyberspace, the internet, the world
wide web, etc. Generally cybercrime is also known as the computer oriented crime.
Cyber crimes are done using the components such as the internet or includes
illegal online activities which are inculcated using the medium of internet.
This internet crime is also referred to as the branch of the cybercrime. Many
of the cyber crimes are also penalized by the IPC. Cyber crimes also includes offences
under which penalty or compensation has to be fulfilled by the wrongdoers. Compensation
or Penalty for the damage to the computer system are also permitted under the
cyber crime. Whosoever fails to obey the rules which are made under the
cybercrime are liable to pay compensation or penalty. Anyone who knowingly or
intentionally destroys someone's computer data or computer source shall be
punishable with imprisonment. Anyone who works through the source of online
medium must be aware of the rules and who so ever is injured by the hackers
must report it as there are various punishments and penalties which would
satisfied the people those who suffers from those crimes. Thus, cyber crime
also plays a role in spreading wrong information to the people which makes them
fool by doing fraud with them”.
1.
INTRODUCTION
“The term Cybercrime is used to
denote the criminal activities which is a act particularly punishable by the
state. The tools of networks such as computers or computer networks, internet,
etc. are the activities which gives place to the criminal activities. The life of
humans has become easier after the invention of computers as we know that
computer is an electronic device which helps us in storing data. Most of the
users of the computers uses the computers for the purposes of their benefits
and that leads to the birth of “Cyber Crimes”. This leads the society in an
illegal engagement. As we all know that the cyber crimes are always committed
through the modes of computer networks, computers or internet. Cyber Law is
known as the laws which govern the area of cyberspace. The Cyber Law mainly
comprehends digital and electronic signatures, cyber crimes, privacies and data
protections, etc. [2]“United
Nations Model Law on Electronic Commerce” (UNCITRAL) Model (4) was the first IT
Act which was recognised by the UN’s General Assembly. Traditional espionage,
activism, or information warfare, related activities, false in the context of
national security in the cyber crime.
2.
OBJECTIVE
The main motive of our
paper is only to spread a great information of the offences or the crimes which
takes place through the medium of networks. Cyberspace also plays an important
role in the involvement of Cyber crimes. In the year 1820, the first cyber
crime was recorded. Since 3500 B.C Japan, India and China includes primieval types
of computers. Joseph Marie Jacquard, a textile manufacturer in France, in the
year 1820, created the loom.
3.
TYPES OF CYBER CRIMES
Almost for all the Cyber crimes
computer is an indispensable tool. As the communication networks are increasing
such as internet, the numbers of hackers are also increasing. For the evidences
of the offence, the computer is a major target and a tool which is mostly used
in the offence. The criminals statues would definitely result in the different
or various uses of computers.
The goal of the criminal is majorly
to steal the information from the computer system, computer or computer
networks when the computer is targeted of the offence. The different forms of
the crime that target the computer are espionage, hacking, cyberwarfare and
malicious computer viruses. Professionals, teenage, students or the terrorists
could be the perpetrators of the offence. Therefore, there are various
different types of Cyber crimes today-
A. Cyberstalking
The electronic means to stalk someone
with the use of internet is known as the cyberstalking. Online abuse and
harassment are related to Cyber stalking. [3]It
involves threatening behaviour or harassment towards the individual. It
harasses an individual by obtaining its personal information such as person's
home address, place of business, leaving written messages or making harassing
phone calls, etc. This can afraid or spoil the life of the victim and could
threatened him.[4]
Usually, cyberstalking occurs with
women and they are severally stalked by men. Females are the main targets
including the emotionally weak people, children or unstable people, etc.
Majorly 75% of the females are the victim over cyberstalking. Many a times
men’s are also stalked. The most of the cyber crimes goes unreported.
B. Hacking
The crime ‘hacking’ [5]entitles
the un-authorized data's access stored in the computer system and and tails
cracking or hacking. In this year, 37% hacking had been witnessed. The hackers
obtain the residential addresses of the victims from the email accounts of
certain web portals of the residents of the cities. The hacking is normally
done by the use of ‘backdoor’ program which is particularly installed on the
systems. The hackers also tries to access the data of the users by password
cracking software, in which they tries billions of password for accessing the
correct passwords of the computer users. One must change their password
regularly from preventing hacking from the hackers.
C. Phishing
Phishing[6] is
the act of making fraud over the internet which includes fooling the people. It
involves accessing the username,
password or personal information by the emails of the customers from the
financial institutions. Customers are not aware about the fake websites and
when they click on the links over the emails to enter their personal
information, fraud constitutes with them.
The frauder access the personal bank account details of the customers
and misuses them.
Phishing is a type of fraud in which
the frauder falsely sends wrong information to the customers in enhancing
himself to be a established legitimate institution, so that he could access the
personal information of the customers for the purpose of Identity theft. The
frauder directs the user to access the website and ask them to update their
private information such as credit card information, password, bank account
numbers, social security, etc. so that he could steal the information of the
user. This is also known as the method of email fraud.
D. Drug Trafficking
Drug trafficking uses latest
technologies to sell narcotics for encrypting mails. Drug traffickers
contribute a major role in the cyber crime. They manages all the plans for
making the exchange of drugs through couriers. There happens a personal communication between the buyer and
the dealer for the exchange of the drugs. Thus, drug trafficking contributes a part
in the involvement of Cyber crimes.
E. Bot Networks
The ‘Bot Networks' is also known as a
cybercrime, in which the spamsters took
over the control of the users computers. It is increasing on an alarming rate
as the user gets unaware of it. The computer automatically gets linked to the
bot networks when the users unknowingly operates malicious codes on their
computers by accepting the email sent by the spamsters or other perpetrators.
When the malicious codes gets activated within those computers the bot network
spamsters attacks the computer by activating thousands of systems in it.
Computer Emergency Response Teams (CERTs) have been established by the
countries including India with and objective to secure the incidents / events. The
internet has become a source of many funding to terrorist and money laundering
in an organised manner. [7]
F. Spamming
Junk email is also known as email
spam. This email is a type of unsought mass message which is particularly sent
through the email. From the 1990s, the use of spam messages have widely become
popular and it creates lots of problem to the email users in their life at
daily basis. The email addresses of the users are obtained by the spam bots, the
spam bots are a type of automatic program that uses the internet for the use in
searching the email addresses of the users over the internet. The email
distribution list is used by the spammers to use spam bots. When the spammers
receives response from the other users, they automatically sends the emails to
the email addresses of millions of users over the internet.
G. Cyber Defamation
Cyber defamation means defamating the
reputation of an individual through the cyberspace in the eyes of others. The
spammers purpose was to defame the users by making defamatory statement so that
the reputation of the individual could get affected in front of others. The cyber
defamation takes place through the computer or internet. Sometimes the
spamsters sends defamatory statement to the email of the user and also to the
friend of the user.
H. Theft in the Services of
Telecommunications
Theft in the services of telecommunications
refers to the access of the switchboard of the individuals in which various
criminal organizations access to the switchboards of the users and from there
they access the data and obtain the dial out or dial in circuits. From this they
are allowed to make any local call or free calls to any distant number. This
theft of telecommunication has been considered as to be a misdemeanor and it is
one of the earliest crime throughout the cybercrime.
I. Financial Crimes
Financial crimes have increased at an
alarming rate with the increase in the demand of the online banking. Stealing
money by online from the banks, credit card frauds, etc. are the parts of
financial crimes. The frauders gathers information from the victims by
impersonating themselves as the part of financial organisation or identifying
themselves as government officials and ask them to tell about their credit
information and makes the fraud to them. The victims unknowingly gives their
information to the criminals without proper enquiry and false pray to them. The
criminals often hide their identities which results in the financial damages to
the victims.[8]
J. Intellectual Property Crimes
Intellectual Property crimes includes
trademarks violations, software piracy, copyright infringement, theft of computer
source code, etc.
K. Online Gambling
Online gambling is one of the most
important sites for the money launderers. These websites have their servers at
abroad and offers thousands of websites through abroad services. Money
launderers are the websites of many fronts online gambling.
L. Sale of Illegal articles
Sale of illegal articles includes the
sale of weapons, wildlife, narcotics, etc. by uploading informations on the
auction websites, bulletin boards, websites, email communications, etc. In the
name of ‘honey’ it is believed that many websites in India also selling
cocaine.
4.
OFFENCES RELATED TO CYBERCRIME IN INDIA
Penalties, Compensation and Adjudication
under Information Technology Act, 2000.[9]
Section 43- Where a person without the permission
of the owner or the other person-in-charge damage the computer, or computer system, or computer network, that
he shall be liable for Penalty and Compensation to the person so affected.
Section 44- Where a peron fails to furnish any document,
return, report to the controller, or certifying authority, then he shall be
liable to pay penalty up to Rs. 1,50,000/- per failure. Further where a person
fails to furnish any information, books or other documents within time
specified, then he shall be liable to pay penalty up to Rs.5,000/- per day. Further
provided that where a person fails to maintain books of accounts or other
records, then he shall be liable to pay penalty up to Rs.10,000/- per day.
Section 65- “Tempting with the computers source documents.
Whoever intentionally or knowingly destroy, conceal or change any computers
source code that is used for a computer, computer program, and computer system
or computer network”.
Punishment:
A fine of Rs. 2 lakhs and three years
imprisonment would be sentenced to the person who would involve in this crime.
Section 66- “Hacking with computer system, data alteration, etc. whoever with the
purpose or intention to cause any loss, damage or to destroy, delete or alter
any information that resides in a public or any person’s computer. Diminish its
utility, values aur effects it injuriously by any means, comets hacking”.
Punishment:
A fine of Rs. 2 lacs and 3 years
imprisonment would be sentenced to the person who would involved in this crime.
Section 66A- “Sending offensive messages through
any communication services. Any information or message sent through any
communication services this is offensive or has threatening characters. Any
information that is not true or is not valid and is sent with the end goal of
annoying inconvenience, danger, insult, obstruction, injury, criminal
intention, enmity, hatred or ill will. Any electronic mail or email sent with
the end goal of causing anger, difficulty or mislead or to deceive the address
about the origin of the messages”.
Punishment:
The person would be sentenced to
three years imprisonment along with the fine imposed on him who would found
involved in such crime.[10]
Section 66B- [11]“ Receiving stolen computers
resources aur communication devices dishonestly”.
Punishment:
The person would be sentenced to 3
years of imprisonment along with fine of Rs. 1 lakh who found involved in such crimes.
Section 66C- “ Identity theft. Using of one’s
digital or electronic signature or one’s password or any other unique
identification of any person is a crime”..
Section 67A- “ Transmitting aur publishing of
materials that contains sexually explicit contents, acts etc. in electronics form.
Whoever transmits aur publishers materials that contains sexually explicit
contents or acts shall be sentenced”.
Section 67B- “ Transmitting aur publishing of
materials that depicts children in sexually explicit act etc. in electronics
form. Whoever transmits or publishes any materials that depict children in any
sexually explicit act or conduct in an electronic form shall be sentenced”.
Section 67C- “ Retention and preservation of
information by intermediaries. Intermediaries shall retain and preserve such
information that might specify for such period and in such a format and manner
that the central government may prescribe. Any intermediaries knowingly or
intentionally contravene the provision of the subsection”.
Section 69- “ Power to issue direction for
monitor, decryption or interception of any information through computers resources.
The safeguard and the procedure that is subjected to such decryption,
monitoring or interception may carried out, shall be such as may be prescribed.
Providing safe access or access to
computers resources”.
Section 70- “ . Unauthorized access to protected
system”.
Section 71- “ Penalty for misrepresentation”.
Section 72-“ Breach of confidentiality and
privacy”.
Section 73- “ Publishing false digital signature
certificates”.
Section 74- “ Publication for fraudulent
purpose”.
Section 75- “ Act to apply for contravention or
offence that is committed outside India”.
Section 77- “ Compensation, confiscation or
penalties for not to interfere with other punishment”.
Section 77A- “ Compounding of Offences”.
Section 85- “ Offences bike companies”.
Section 503 IPC- “Sending threatening messages by
email”.
Section 499 IPC- “ Sending defamatory messages by
email”.
Section 420 IPC- “ Bogus websites, cyber frauds”.
Section 463 IPC- “ Email spoofing”.
Section 383 IPC- “ Web jacking”.
Section 500 IPC- “ Email abuse”.
Section 507 IPC- “ Criminal intermediation by
anonymous communications”.
Conclusion-
From this study, this had been found
that there are many ways through which the individual possesses crimes through
cyberspace. The rise of new technologies is the main cause of Cyber crimes in
the recent years. It had led to a great threats to the mankind at large. The
offences in the cybercrime are punishable by the law. The main purpose of
writing this paper is just to spread the knowledge of Cyber crime among those
people who are unaware of it. “A brief study an offence is related to
cybercrime and cyberspace” I want to say that Cyber crimes can never be
acknowledged. If the criminals won’t get punishment for their deed, they will
never stop”.
[1] BA
LLB (SEMESTER 4) Student at Geeta Institute of law, Panipat, Haryana, India.
[2]
Journal of Information Engineering and Application
ISSN 2224-5782 (print) ISSN 2225-0506 (online).
[3] International
Research Journal of Engineering and Technology ( IRJET ) available at
www.irjet.net.
[5] The
Jargon dictionary on website http://www.netmeg.net/jargon/terms/h/hacking/.html/
[6]
Available online at http://www.indiankanoon.org/doc/1439440.
[7] Internet
Crime and Cyber Terrorism, http://www.dfaitmaeci.gc.ca/international
crime/cybercrime-en.asp.
[8] Financial
crimes, Available at http://www.statista.com/statistics/financial
damage-caused-by-cybercrime.
[9] Penalties,
Compensation in Indian Technology Act,2000.
Article Information
FFENCES RELATED TO CYBERSPACE AND CYBERCRIME
Authors: KISMAT, SHEETAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/05/01
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.