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Pavani

EMERGING CRIMES ON THE INTERWEB

Written by: Pavani, 5th Semester, BA. LL.B Student, Kalinga University, Naya Raipur, Chhattisgarh

INTRODUCTION 

The term "cyberspace legislation," often known because "electronic law," refers to all the legal  concerns surrounding the use of communications technology, namely "digital space," or the  World Wide Web. It communicates several legal topics, such as intellectual property (IP),  concealment, the liberty of expression, and jurisdiction, making it less of a separate field of  law than property or contract law. Cyber law is essentially a way to combine the legal issues  posed by the actions of people through the global web with the established legal framework  that governs the real-world environment2. 

Think about this you are shopping online, entering the requisite data on the side your bank  account gets hacked. Horrible right! We put us at most trust on the site we shop from without  giving a second thought whether or not our private data, photos, videos, might get misused or  leaked, might get in the hands of wrong people. In the below mentioned article we will discuss 

about the entire issue in depth. Before we get to discuss the new emerging crimes, illicit  activities happening on the internet let’s do a briefing on the history of cybercrime. 

THE EVOLUTION OF INTERNET CRIME IN THE MODERN AGE 

Cybercrime, as a concept, did not exist until the 1980s, with very few instances of digital crime  occurring before then. In the 1970s, the crimes were minimal and primarily involved  manipulating or copying personal data on computers or tampering with telephonic lines.  Individuals engaging in such activities were known as "phreakers." One of the earliest known  cybercrimes was committed in 1981 by Ian Murphy, also known as "Captain Zap." Murphy  manipulated the internal clocks of call centers to increase the length of peak calling hours,  causing financial harm through extended talking time. This marked a significant turning point  in the evolution of cybercrime. 

With the evoking increase of internet uses all over the world, we humans have become totally  dependent on internet for almost everything. One think about be it sopping, work, studies,  everything. The easy access of internet has made us its slave. Internet is the only medium of  getting things done at one click these days. With such rapid increase in internet users, these  increase in crime that get committed on the internet also increases hand in hand which is called  cybercrime. Unlike the other crimes cybercrime is far more dangerous and different has it has  no geographical boundaries3, no evident of the actual culprit committing crime behind the  scene, an unknown person could be doing so much wrong via creating fake identity and then it  gets really difficult to catch that person. 

UNDERSTANDING THE CONCEPT OF CYBERCRIME 

Cybercrime is a crime which need comprehension in a broad sense it is a broad term which  means any crime committed which means commuter, online pay services, be it hacking,  phishing, plagiarism, credit card fraud, robbery, pornography4, child abuse, online brain  washing, scams, cyber terroir, fake chat, lucky draw, virus, spams and may more with the  increasing dependance of a modern work culture in which internet smartphone, computer and  other electronic devices plays a huge part in work. Criminal committing illicit crime and it has  now become passion to money by fraudulent calling and hacking bank accounts. 

Cybercrime can be of various type below mention are some of them  

a. Cybercrime against the nation by way of spreading terrorism via sending, blackmailing,  massages, email, threatening government agencies by the criminal world wide spread

b. Cybercrime by fraudulence engaging in fraud calls and threatening to attain  unauthorized passion of property, banking information, account details, destruction.

c. Cybercrime through harassment be it racial religious sexual and other. 

AN OVERVIEW OF CYBERCRIME IN INDIA 

Our country India is nexus as the second largest internet user country only behind China. It has  about five sixty million internet users. It is estimated that such progress stays intact the number  of users will cross around seven hundred million internet users. With the passage hike in  internet user’s cybercrime goes hand in hand. The latest NCRB bureau report says a total of  twenty-eight thousand four hundred eighty-four cases of cybercrime were being reported in the  year 20215. The state of Telangana reports over one thousand six hundred and twenty-five cybercrimes’ cases where as the highest crime rates were recorded was two thousand seventy  eight cases in the Delhi in the same area. According to FBI report India stands at the third  position among the 20 cybercrime victim countries6. Infect due to fraudulent calls, bank  robbery, bank account details, hacking has made Indian consumer loose over eighteen billion  eighteen billion US dollar due to all such cybercrime. In 2018 there were twenty-seven 

thousand cases in cybercrime being recorded in the country which had an increased about one  twenty one percent compare to the number of cases as two years back. 

CYBERCRIME REGULATIONS UNDER THE IT ACT 

The country's main legislative regulation dealing with internet shopping related internet crimes  consists of the Information Technology (IT) Act, 20007. The Act was passed in order deliver  online business legitimacy under the law and to make it easier for papers to be filed  electronically. The IT Act also brought in a number of measures to tackle online criminal  activity, including malware, stolen information, digital fraud, and illegal manipulation of  computers and networks, in response to an ongoing boom in cyberactivity. 

The Information Technology Act (IT Act) presents a wide spectrum about online criminal  activity along with particular consequences over wrongdoing consisting of theft of personal  information (Section 66C), referred to as the fraudulent use of another person's identity in an  electronic format, and computer hacking (Section 66), which involves illicit access as well as  destruction electronic equipment. Section 66A of the Act, which dealt with conveying  inflammatory conversations utilizing messaging applications, was invalidated due to the Indian  Supreme Court in 2015 due to its infringement on the right to free expression. Furthermore,  Section 67 addresses the publication or transmission of pornographic material via computer  networks, a violation of which carries a jail sentence and penalties. 

Agencies are given the statutory resources they need under the IT Act to look into, bring charges  against, and settle cybercrimes. As time passed, modifications have broadened its purview to  include new threats from the internet such as cyberterrorism (Section 66F) and safeguarding  personally identifiable data. 

CYBERCRIME PROVISIONS UNDER THE IPC 

Despite the fact that not stated specifically in the Indian Penal Code of 18608, cybercrime is  punishable by a number from the code's rules and regulations. The Indian Penal Code was  created much prior web browsing emerged, and hence online criminal activity are not  specifically included under it. On the other hand, different parts are used to address wrongdoing  conducted online. In one instance, forgery is covered under Section 463 of the IPC and might  involve digitally signed documents or papers. Comparably, Section 420 deals with dishonesty  and may be relevant in instances of fraud via the internet. 

Section 500, dealing with defamation as especially electronic defamation—damaging claims  produced via social networking sites or various technological platforms—is additional  pertinent clause. Extortion-related Section 383 may be used in situations involving  cyberblackmail or computerized harassment. Section 354D, which addresses stalking, may  apply to e-stalking or bullying, in particular when an individual is being followed or harassed  electronically via advances in technology. 

STRATEGIES FOR PREVENTING CYBERCRIME 

The internet crime safeguarding calls for a variety of tactics that incorporates instruction,  technological advances, and robust regulatory structures. Enhancing the system for  cybersecurity is among numerous important actions. This involves upgrading technology often  to guard prevent holes in the system, using a variety of authentication methods, and creating  reliable passwords. Putting up firewalls and antivirus software is also essential for protecting  computers regarding the threat of ransom phishing, and malware. It is essential to raise  awareness among people and educate the general population regarding typical digital hazards  which include fraudulent websites, deceit, and theft of identities, in addition to technological  protections. People and staff members must to get training on safe online behaviours, such as  how to spot dubious messages and hyperlinks as well as how crucial it is to safeguard private  information that is sensitive. 

In order to combat online misconduct, administrations must also establish and uphold strong  laws and regulations. To continue keeping ahead of the ever-changing nature about internet  dangers, regulations like the Information Technology Act in the country and the existing  regulations under the age of the IPC must be tightening and modified on an ongoing schedule.  Law enforcement organizations ought to additionally possess the equipment and expertise  needed to adequately investigate and tackle fraud. Ultimately, since cyberattacks tend to  operate internationally, it is critical that nations work together to share expertise and equipment  for the purpose to identify down and bring charges against perpetrators. 

CONCLUSION 

We all are living in an era where advisory like staying away from screen to prevent cybercrime  seems a far cry. In this evolutionary time and abducting age of cyber space not just India all  over the country is facing such music it is an ongoing challenge as of now measure amendments  have been made in the law for strict punishment for criminals or crimes.  

Strict punishment for criminals. Once we start taking responsibility on our own and put our  interest first, be aware of any fraudulent activities, suspicious activity instead of neglecting and  the first place or having a care free response toward it we need to be stay alert and handle the  situation. 

It is well said that prevacation is better than cure which fits very well with the cybercrime cases  even before the cybercrime takes place one must wary and protect itself by doing everything possible so as to not get caught in the net of such criminals, fraudulence. The bottom line is the  safest is that the safety starts one individual on its own. Being attentive about the pattern of  criminal and staying away from unknow person giving data starts from us. Therefore,  cybercrime should be given as much as important as the other crime such as rape, murder and  theft.  

  

Reference

 2. Cyber Laws of India, https://infosecawareness.in/cyber-laws-of-india, visited on sep.24, 2024.

  1. Cybercrime - Interpol, https://www.interpol.int/en/Crimes/Cybercrime, visited on sep.24, 2024.

 4. Cyber Crime and Types, https://www.indiancybersquad.org/cyber-crime-types, visited on sep.24, 2024. 

  1. NCRB Report 2021: Crime in India, https://www.clearias.com/ncrb-report-2021/, visited on sep.25, 2024.

  2. India stands third among top 20 cybercrime victims, says FBI report, 

  1. Information Technology Act, 2000, 

8. THE INDIAN PENAL CODE, https://www.iitk.ac.in/wc/data/IPC_186045.pdf, visited on sep 27, 2024.





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