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.
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.
NCRB Report 2021: Crime in India, https://www.clearias.com/ncrb-report-2021/, visited on sep.25, 2024.
India stands third among top 20 cybercrime victims, says FBI report,
https://www.newindianexpress.com/nation/2020/Feb/23/india-stands-third-among-top-20-cyber-crime-victims says-fbi-report-2107309.html, visited on sep.25, 2024.
Information Technology Act, 2000,
https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf, visited on sep.27, 2024.
8. THE INDIAN PENAL CODE, https://www.iitk.ac.in/wc/data/IPC_186045.pdf, visited on sep 27, 2024.
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