CYBER CRIME – ARE LAWS IN INDIA OUTDATED FOR SUCH CRIMES?

INTRODUCTION –

Since the beginning of time, people have had a fascination with the concept of crime; but, as society has evolved, so has the nature of crime. While the 20th century saw the era come into widespread use on a global scale, crime also began to change to an era-based, all-encompassing crime known as cybercrime. Every aspect of human existence has been revolutionized by the internet, computers, mobile devices, and other modern technologies for a very long time, including how we interact, shop, obtain news, enjoy ourselves, etc. Our dependence on technology is the main cause of cybercrimes, from which the offender benefits and uses his special understanding of our online world to commit the crime. India is not an exception to the fact that societies throughout the world are changing within the global community. As a result, so is the way that crime is committed within the global community, and since India is not an exception, cybercrimes are also occurring in India. Despite the fact that cybercrime is becoming more common, there is growing fear that Indian legislation may not be adequate to combat this contemporary threat.

WHAT IS A CYBER CRIME?

We can define “Cyber Crime” as any malefactor or other offenses where electronic communications or information systems, including any device or the web or both or more of them, are involved and “Cyberlaw” as the legal issues that are related to utilizing communications technology, concretely “cyberspace”, i.e., the Internet.

It is essential to examine what cybercrimes are in detail in order to figure out why India’s laws require an update. Cybercrime is a criminal activity that has as its targets either people, organizations, or society. It is a type of illegal activity that occurs through electronic methods. Information theft is the most common type of cybercrime, although there are many other types of destructive activity, such as cyberbullying and the distribution of worms and viruses. Cybercrimes are occasionally carried out with the intent of generating income for the perpetrators, while other times they are carried out with the immediate purpose of damaging or incapacitating the laptop or other equipment. Ransomware attacks, email and web fraud, identity theft, and frauds involving financial accounts, credit cards, or any other charge card are just a few examples of the numerous types of money-driven criminal activities that can be committed. Cyberstalking, cyberterrorism against a centralized authority organization, online gaming, fraud, trafficking in child pornography, intellectual property theft, privacy violations, etc. are some forms of cybercrime.

CLASSIFICATION OF CYBERCRIMES –

Cybercrime is a large field that is always changing to keep up with technological improvements. The following are some of the most frequent forms of cybercrime affecting society today:

1. CYBER STALKING –Cyberstalking is the act of stalking or harassing someone online using the internet and other technology, creating a worrying environment and a breach of privacy. The inconspicuousness provided by using the internet to stalk their victim without being noticed is the foundation of a cyber stalker. Cyberstalking is undoubtedly distinct from message spamming done with the help of a spammer. The information that is directed at an individual in this is frequently inappropriate and upsetting. Cyberstalking no longer always involves direct communication, and some victims may not even be aware that they are the targets of the crime. Tracking locations, violating data privacy, and keeping tabs on both online and offline activity are some typical aspects of cyberstalking behavior.
2. ONLINE JOB FRAUD – An online process fraud scam involves tricking people who need a process by promising them a better process with better pay while also giving them false hope. Cybercriminals target inhabitants inside the call of process offers who are young and educated. They obtain mass bio-data/CVs of job seekers from job search websites like naukari.com, shine.com, etc., and then use the information provided in the CV, such as the telecall phone number, email address, educational background, prior employment, etc., to create individualized scam emails promising job opportunities in reputable businesses.
3. HACKING –It means that an individual’s community safety structures may be accessed by third parties or controlled for some illegal objectives. Computers are now required to operate a successful business. It is not enough to have remote computer systems; they must be networked to enable communication with external firms. A hacker is someone who finds and uses a vulnerability in computer networks or systems to gain access. The term “cracking” is used to describe the process of obtaining a password or code. Types of hackers; I) Ethical Hacker (white hat), II) Craker(black hat), III) Grey hat, IV) Script Kiddies, V) Hacktivist.
4. PHISHING –Phishing attacks are false emails, texts, phone calls, or online websites that are intended to fool users into installing malware or disclosing sensitive information. Phishing is the most common type of social engineering, which is the practice of misleading, forcing, or manipulating people into giving information or property to the wrong people. Hackers and fraudsters employ those techniques because it’s less difficult and expensive to con people than it is to break into a computer or network.
5. ONLINE SEXTORTION – Online sextortion happens when a fraudster demands money, sexual favors, or sexually explicit images in exchange for access to your private and sensitive information online. Online abuse known as sextortion occurs when a cybercriminal attracts victims into private video or audio conversations and compels them to pose naked or provide them with intimate images. They carry out this through a variety of platforms, such as social media sites, instant messaging applications, SMS, online dating apps, pornographic websites, etc.
6. ELECTRONIC PICKPOCKETING –Financial institution cards, passports, and credit cards all contain radiofrequency identification (RFID) chips, enabling quick scanning with a scanner or reader. When a thief uses a concealed reader to check the playing cards via a handbag, wallet, or garment and obtain the information from the chip, they are committing electronic pickpocketing. This type of identity theft and credit card fraud involves the theft of economic and personal data. Thieves can make copies of cards via electronic pickpocketing, which they can subsequently use to open fake bills or pay for items for the victim. The victim might not be aware that the card has been used until the damage has already been done because it isn’t usually absent.

HOW TO PROTECT ONESELF AGAINST CYBERCRIME –

• It is important to use antivirus software to defend your machine from threats. To receive the best level of security, anti-virus software must be updated.
• Personal information should never, if possible, be shared over the phone or by email unless one is absolutely certain that the line and email are secure.
• Ensuring USBs used with any other device are virus-checked and that detachable devices are secured.
• Business continuity plans should be created, critical individuals should be identified, and procedures should be put in place.
• It’s crucial to put risk-control procedures and backup plans in place to safeguard against a potential cyber incident and ensure operational continuity.
• It is advised to incorporate data backups, system backups, and associated concerns into your security strategy to provide maximum cyber protection.
• Virtual private networks(VPNs), are useful for many things, including encrypting online communications, guarding online privacy, and getting around internet censorship.
• You must click on URLs without having the necessary information or care to check them.

Establishing CERTs (Cyber Emergency Response Teams)- The establishment of dedicated teams with qualified personnel capable of quickly and successfully responding to cyber crises can aid in reducing the harm brought on by cyberattacks.

SOME LINKS TO FILE COMPLAINT REGARDING CYBERCRIME –

• https://cybercrime.gov.in/Default.aspx(NCRP– helpline1930)
• https://mumbaipolice.gov.in/OnlineComplaints?ps_id=0 (Mumbai police online complaint)

CYBERCRIME SCENARIO IN INDIA –

Following the introduction of the government’s new financial policy in 1991, the IT sector boomed and many people were hired and employed. Although this growth addressed many issues, it also gave rise to some more serious ones, such as email fraud, wrongful transactions, hacking, etc.

INFORMATION TECHNOLOGY ACT, 2000 – The Act defines the following as its object:

“to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as electronic methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act,1872, the Bankers Book Evidence Act, 1891, Reserve Bank Of India and for matters connected therewith or incidental thereto.”

Section 43 of the IT Act: If a computer is damaged without the owner’s consent, the owner is fully entitled to a refund for the entire damage, and this section applies to people who commit cybercrimes like doing so without the victim’s consent.

Rajesh Aggarwal of Maharashtra’s IT department, who served as the case’s agent, ordered Punjab National Bank to pay Rs 45 lakh to Manmohan Singh Matharu, the MD of Pune-based Poona Auto Ancillaries, in Poona Auto Ancillaries Pvt Pune V. Punjab National Bank, HO New Delhi, and others (2018)

HOW ARE LAWS IN INDIA OUTDATED FOR SUCH TYPE OF CRIME –

Data from the Home Ministry shows that during the past two years, the number of cybercrimes has increased. India is a country that used the IT Act 2000 to address the growing problem of cybercrime. Numerous cybercrimes are covered by rules, but there are a few gaps that prevent the provisions from being fully effective in addressing cybercrime. For instance, section 66E of the IPC states that capturing can be carried out without the consent of the intended victim. However, it has been observed that in most cases, photographs strive that have given their consent in the past are used by the perpetrators to publish on the internet in what is known as revenge porn.

Trifling hacking will no longer result in incarceration unless it also involves phishing, money laundering, electronic mail fraud, etc. There is no provision in Indian law that allows for the imprisonment of someone who violates the law via hacking. According to the report, India continues to have a low conviction rate for cybercrime. It will be challenging to combat the rising crime rate if current mechanisms are maintained. Aside from all of the legal considerations, raising personal awareness is crucial. According to estimates, the majority of government employees are unaware of their IT Act adjudicating power.

ISSUE TO BE COVERED UNDER IT ACT 2000 –

The major first step and milestone in the country’s technological advancement are the Information and Technology Act and Amendment Act. But at the same time, the current law isn’t always sufficient. The fact that our laws don’t provide adequate protection may no longer be a novel point of discussion. There are many issues that may not have even been addressed by the act yet or are completely unaffected.

REASONS WHY LAWS NEED TO BE UPDATED –

One of the reasons could be because the laws aren’t strict enough, despite the fact that they might be when compared to laws from other nations. In contrast to the United States, where the penalty for child pornography is at the very least 15–39 years, the penalty under the POSCO Act of 2012 is at best five years. Because the laws are not strict, various cybercriminals are less or not at all concerned. For some offenses, the term of imprisonment should be lengthened.

Another reason is the lack of experienced personnel within the IT or Police forces, which increases the reporting of cases’ time requirements and makes collecting evidence more difficult, which encourages cybercriminals. If at all possible, a special court shall be established to handle these issues independently, preventing the unwelcome buildup of cases that we already have To contribute to reducing the rate of cybercrime, the laws must be made more rigorous, the judiciary must make cases involving it a priority, and there must also be an increase in the number of educated individuals working for the police force or IT departments. Changes in the domain of cybercrime are urgently needed, and they should be accomplished with the help of India’s courts. On these subjects, judicial complaints must be specific.

The main issue that hasn’t been adequately resolved through the use of the law is territorial jurisdiction. Even though they give law enforcement officials the authority to enter, and search a public location for a cybercrime, etc., Sections 46, 48, 57, and 61 within the relation to the adjudication method and the appellate method under Section 80 are not always sufficient to establish an officer’s jurisdiction. However, given that cybercrimes can be computer-based crimes and that if a person’s mail is hacked in one place utilizing an accused in a different state, the involvement of the relevant Police station is needed to determine who will take cognizance.

CONCLUSION –

These days, society and its citizens are becoming more and more based on Technology. More technological advancement leads to an increase in crimes that are solely committed online. Although one made an effort to stay away from them, they persisted in peering in. The country’s project of regulation-making machinery, which we are all aware of, isn’t always sufficient to reduce all of the crimes, which are still occurring today. The IT Act was implemented in India as a first step to reduce the need for regulation and to prevent cybercrime at that time, but the laws still need to be amended and modified on a regular basis, which could help to raise concern among cybercriminals, which could then result in a decrease in the rate of cybercrime and could make the laws updated in order to help keep up with the changing trends. There is a need for legislators to take more preventative measures to stay ahead of the imposters so that they can take action against them as soon as they emerge. If lawmakers, internet service providers, banks, shopping websites, and other intercessors cooperate, it may be averted.

REFERENCES –

https://www.juscorpus.com/cybercrimes-are-the-laws-outdated-for-this-type-of-crime/

Cyber Crimes: Are Indian Laws Outdated for Such Laws

https://intellipaat.com/blog/what-is-cybercrime/

https://cybervolunteer.mha.gov.in/

Cyber crime laws in India

https://www.legalserviceindia.com/legal/article-2454-cyber-crime-are-the-laws-outdated-in-india-for-this-type-of-crime-.html

https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf