This article on CYBER CRIME: A CRIME WHICH NEEDS TO BE RECOGNIZED, is written by KASHISH GOYAL, Content Writer & Legal Researcher at Legal Thirst
Table of Contents
ABSTRACT
This article focuses on crime which needs to be recognized or a specific legislation to be made. I have discussed various cybercrimes which are prevailing in society and why we need such legislation. Many statutes contain the provision for protection from such crimes which I have mentioned below.
CYBER CRIME: INTRODUCTION
Due to the increase in technology, we all are dependent on the internet which leads to an increase in online crime or cyber-crimes. The internet gives many things to an individual to do such as online shopping, social networking, online business etc. It is an act where the computer is targeted. Cybercrime is different from all other crimes as under this person who commits the crime are not known, they can be from any place or can commit against any person or any association. It is an unlawful activity which occurred in cyberspace (Internet) which majorly involves the activities of criminal nature i.e. fraud, defamation, mischief, misappropriation etc. which had been already enshrined in the Indian Penal Code.
TYPES OF CYBER CRIMES:
- CYBER CRIME AGAINST PERSON
- CYBER CRIME AGAINST GOVERNMENT
CYBER CRIMES AGAINST THE PERSON [1]
Cyber Stalking
It is a new crime which is prevailing in the society. It can be done through the online medium or computer system (where the stalker gets unauthorized control of the victim’s computer). In this the stalker does not follow the victim instead he harasses the victim by chats, email, websites etc., as nowadays it is easy to get the information online of any individual. The stalker may send obscene messages through the mail but only mail is not sufficient to commit the crime of stalking, if the person repeatedly sends emails then it will be covered under stalking.
Hacking
In which hackers get access to the computer without your permission. Those who have understanding of computer programs and expert skills can do hacking to steal any information or data. They sometimes also try to change the software so that they can do anything on their own. The reasons behind this may be for fame and power.
E-mail Spamming
It is caused by sending a number of emails to the victim computer in which a very long meaningless message is written to consume network resources. This is carried out through the private internet computer which is controlled by the attacker.
Web Jacking
Under this the hacker controls the website of the owner and further changes the content and makes the same website with different content which is controlled by him.
Phishing
It is a technique used through email spoofing. The attacker will send the link to the victim email of some legit enterprise. . The main motive behind phishing is to steal the credit card number or username or any other personal information.
CYBER CRIME AGAINST THE GOVERNMENT
Software Piracy
When there is an unauthorized distribution of software. This is done mainly when the user got something free on the internet. The main intention behind this is to destroy the date of the government.
- Cyber terrorism
By using the technique of denial of service attack, the attacker denies the user to use the website. Attackers send massive traffic to sites which results in crash or slowdown of the web server. This is the terrorist attack on the system to endanger the integrity of the nation.
OTHER IMPORTANT CYBER CRIMES [2]
- Logic Bombs: A software is inserted into the computer system intentionally to do a task of malicious nature. It is also known as slag code such as viruses and wombs.
- Data Diddling: Under the person alter or modify the software during entry into the system and change it back after the processing is done. This is the simplest computer based crime i.e. the data may be changed by typing or virus.
- Identity theft or Credit Card Fraud– When some person pretends the other person to steal your identity such as credit cards and bank accounts. This theft can be caused when your card is in someone’s hand.
How can we protect ourselves from cybercrime?
Earlier there was no need to enact legislation related to online crime committed in cyberspace. But nowadays, we spend too much time on the internet where we share a lot of personal information and other relevant data, it has become essential to protect our data. There are many ways by which we can become victims easily of cybercrimes, like I have already discussed above the various types of crime. The Right to the internet is a fundamental right and if someone tries to violate this there should be some remedy for protection.
In India, There is no such specific legislation regarding but under Information technology Act 2000” and “Indian Penal code 1860” there are some provisions which are penalized by them:
INDIAN PENAL CODE [3]
- Section 378- This section talks about theft which will also apply to online data. (Punishment -3 years or fine).
- Section 383- Extortion, In case of Web- Jacking, this section will apply. (Punishment -3 years or fine).
- Section 416- Cheating by personation, when some persons pretends to be another person. (Punishment-3years or fine).
- Section 420- Cheating, in case of bogus websites and cyber frauds, this section will apply. (Punishment -7 years or fine.)
- Section 424- Dishonest, fraudulent removal or concealment of property, this will apply to data theft. (Punishment- 2 years or fine).
- Section 425- Mischief, it will apply when someone is denying access to the computer or damaging the systems. (Punishment -three months or fine).
- Section 463- Forgery, It will apply to forgery of electronic records or email spoofing. (Punishment -2 Years or fine)
- Section 468- Forgery for the purpose of cheating, whoever intends that particular electronic document or record is forged for cheating? (Punishment -7 year or fine).
- Section 499- Defamation, in cases of E-mail abuse or sending defamatory messages by email. (2 Years or fine)
- Section 503- Criminal Intimidation, in cases of sending threatening messages by email (2 Years or fine).
INFORMATION TECHNOLOGY ACT 2000 [4]
- Section 65- Tampering with computer source documents (Punishment – 3 Years or 2 lakh fine)
- Section 66- Computer related offenses (Punishment – 3 years or 5 lakh rupees)
- Section 67- Punishment for transmitting obscene material in electronic form (Punishment -5 Years or 10 lakh fine)
- Section 70- Protected System or Unauthorized access to computer (Punishment -10 Years or fine)
- Section 72- Penalty for breach of privacy and confidentiality (Punishment -2 year or 1 lakh rupees)
- Section 73- Penalty for Publishing false certificate (Punishment -2 year or 1 lakh rupees)
WHY DO WE NEED CYBER SECURITY ?
- Today is the era of the Digital economy, where most of the people are working online specially during this pandemic.
- To secure or protect the data from international organizations or from the person who wants to access the information and wants to use it for their own selfish interests.
- To create awareness among the people about online crimes as some of the people even don’t know about what is cybercrime [5]?
CYBER ATTACKS IN INDIA [6]
SIM SWAP FRAUD
Two men were getting the details of the peoples SIM Card through illegal means and transferring the money from banks by using fake documents in 2018. Approximately, it was stated that they had transferred 4 crores rupees from the banks. But in August 2018, they both were arrested for cybercrime.
PHISHING ATTACK ON WIPRO
This attack was not at the large scale. A group attacked the Wipro system by gift card fraud or online news portals.
TWITTER ACCOUNT HACKED
Amitabh Bachchan’s twitter account was hacked and the hacker put hateful messages on twitter.
CYBER ATTACK ON COSMOS BANK
In August 2018, a cyber-attack was caused on Pune Cosmos Bank’s Branch by hacking the server of the cosmos or by transferring the money to the bank in Hong Kong. Hackers stole the information of debit card owners by hacking the ATM server of the bank. The hacker attacked the switching system which acts as a module between payment and the centralized banking solution. It was said that approx.94 crores rupees transferred.
UNION BANK OF INDIA ATTACK
In 2017, the attacker sent an email attachment which contains malware code, and it was opened by the employee of the Bank. The employee trusted the mail and failed to notice the details which allow the hacker to get the data and codes of the bank. With the help of codes, the attacker transferred 170 million to the bank situated in New York.
POLICIES AND OTHER SCHEMES
NATIONAL CYBER SECURITY POLICY(2013)
This policy aims to protect the information in cyberspace, minimize the damage from the cybercrimes or to prevent the cyber threats.
CYBER CRIME PREVENTION AGAINST WOMEN AND CHILDREN SCHEME [7]
The Ministry of Home and Affairs decided to implement the above scheme to reduce the cybercrime committed specially against the women and children or also to spread awareness about the cyber threats.
NATIONAL TECHNICAL RESEARCH ORGANISATION
This is the main agency in the country designed to handle all the cyber incidents in different sectors of the country.
[1] http://www.legalserviceindia.com/legal/article-4998-cyber-crime-in-india-an-overview.html
[2] https://www.digit.in/technology-guides/fasttrack-to-cyber-crime/the-12-types-of-cyber-crime.html
[4] https://infosecawareness.in/cyber-laws-of-india
[5] https://www.drishtiias.com/daily-updates/daily-news-editorials/cyber-security-framework-in-india
[6] https://www.testbytes.net/blog/cyber-attacks-on-india/
[7] https://opengovasia.com/the-current-state-of-cyber-security-in-india/
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