Cyber Crime and their legal remedies in India

A third-year BA LLB (Hons) student at SRM University Read More

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ABSTRACT:

In today’s world, cyberspace has developed into an important part of everyday life, permitting communication, commerce, governance, education, and entertainment. This remarkable development in digital interactions has also resulted in a similar rise in cybercrimes. Cybercrime involves illegal acts committed through the use of a computer as a target, a tool, or both. Accordingly, these crimes represent a legitimate danger to a person, a corporation, and a government. India is witnessing a rise in these offenses, including identity theft, financial fraud, cyberbullying, defamation, and cyber-terrorism. India has over 800 million internet users, who rank among the highest globally and are uniquely prone to cyber threats. Unfortunately, a large section of the population does not know how to deal with cybercrimes or what legal remedies are available to them. Similarly, the rapid increase in technology and the changing strategies of malevolent cybercriminals make detection and enforcement ever more difficult. A variety of Indian laws govern the (cyber) legal and social framework designed to manage the legal side (civil and criminal) of cyber offenses, dominated by the Information Technology Act, 2000, and redundantly by the Indian Penal Code. Certain amendments and interpretations of law have developed a common law-like framework to manage contemporary concerns.

This article focuses on the notion and various kinds of cybercrime that are being faced in India, discusses the significant legal mechanisms relating to cybercrime, and critically examines the remedies under the Indian legal system. It is anticipated that increased awareness can be related to cybercrime to the general public, legal aspect researchers, and the policymakers themselves in an efficient manner, and as a government, it can also enhance and improve the cyber legal architecture of the respective country.

KEYWORDS: Cybercrime, NCRB, Types, Legal remedies, Traits

INTRODUCTION:

Cyberspace is one of the fastest-growing areas with many innovations provided for the interaction of people and organizations. Things range from simple messaging to multiple database systems for e-commerce and e-governance. Therefore the digital revolution has transformed modern civilization. With that, however, comes more and more dependency on online platforms, tools, and/or systems, making millions of people and organizations increasingly susceptible to risk. Cybercrime is one of the most serious consequences of this extension of digital dependency. A crime that typically occurs with the use of computers, networks of computers, or the use of digital devices (phones, tablets) is popularly known as Cybercrime. Cybercrime can take on many forms or multiple illegal acts. Cybercrime can include acts like data breaches, identity crimes, online scams, hacking, loveliness, child pornography, and cyber-terrorism. Not only do these crimes have monetary consequences, but they can have emotional, reputational, and possibly physical consequences as well.

As digitization rapidly spreads all over urban and rural areas in India, the risk of cybercrime is increasingly abdicating significance. Cybercriminals are taking advantage of gaps in the digital cosmology, while the Indian legal system is dealing with the problems through statutory reforms, judicial activism, and institutional mechanisms to combat the issues.

CONCEPT OF CYBERCRIME IN INDIA:

The term cybercrime comes from the blending of criminal activity and electronic and digital technology. As computers, mobile devices, and the internet have become deeply interwoven into personal, professional, and government functions, a new form of criminal activity has developed to exploit the digital environment for illegal or harmful purposes. Cybercrime refers to crime related to the use of computers or networks as a means of a target of crime, or both.

 While the term cybercrime is not universally defined, it is generally understood to mean unlawful activities where a computer or a communication device is an instrument or a target of the unlawful activity. The Information Technology Act, 2000 (IT Act), represents India’s primary legislation governing digital crimes, although it does not articulate a definition of cybercrime and includes several statutory offenses related to unlawful acts related to computers, networks, and digital data with the protection given under Section 66 of the Act. As per the National Crime Records Bureau (NCRB) details, cybercrime broadly refers to unlawful activity derived from the abuse of a computer or computer network for criminal purposes, such as hacking, identity theft, cyberstalking, phishing, and electronic distributed denial of service attacks. Cybercrime can also include, for example, unlawful conduct related to the distribution of child pornography or viruses or “malware.

The Traits of Cybercrime:

• Anonymity: Criminals can hide their identities by using encryption, virtual private networks (VPN), and/or false accounts.
• Borderless: Criminals can be operating from anywhere in the world without worrying about jurisdictional lines.
• Speed and scale: Criminals can commit crimes in a matter of seconds, negatively impacting thousands or millions of people or organizations in the process.
• Low Cost, High Damage: In many cases, a crime can be perpetrated by an individual who can inflict a material amount of damage or harm for a very low cost and effort.
• Difficult to Investigate: In many instances, determining who committed a cybercrime may require digital forensics and international collaboration to trace back the cybercrime.

Elements of Cyber Crime:

Cybercrime can be identified based on three key elements:

• Target: Related to something that either suffers damage or that is compromised by a crime, including any computer, computer network, or data either on a computer or in storage.
• Tool: Includes the use or involvement of a computer either as the perpetrator’s tool to commit a crime, such as online theft or by distributing malware to harm another computer system or network.
• Victim: This would include any person, organization, or government entity that is either financially, physically or emotionally harmed by the cybercrime.

TYPES OF CYBERCRIME IN INDIA:

Cybercrime in India comprises a cluster of acts that exploit fraud, intimidation, harassment, or coercive control by using associated technology in a way that causes harm to either a person an organization, or a nation. Below we analyze the types among the most common uses of cybercrime:

1. “Child Pornography / Child Sexually Abusive Material (CSAM):

This refers to the creation, distribution, or possession of sexually explicit content that involves a minor. The Information Technology Act, 2000, Section 67B prohibits and criminalizes these offenses with rigorous penalties for any offenders.

2. Cyber Bullying:

Cyberbullying refers to the use of electronic communication to harass, intimidate, or cause harm to another person. It primarily occurs via social media platforms, messaging applications, or email. Victims of cyberbullying may experience distress, anxiety, or in some cases trauma.

3. Cyber Stalking:

Stalking generally entails monitoring or tracking an individual when the victim does not permit themselves to be monitored. Accused stalkers may use, and alleged stalking may be charged based upon a measurement, incurred incident, email, social media, or other types of digital communication to contact the victim, which causes distress or anxiety.

4. Cyber Grooming:

Cyber Grooming refers to an adult’s ability to develop a relationship with a child in a way that the adult seeks to exploit the child for sexual purposes or proposes sexual activity. The accused may use social media, chat rooms, or gaming platforms to contact and report children.

5. Employment Scams on the Internet:

This type of crime involves a perpetrator creating fake job openings or emailing individuals out of the blue to offer them employment, methods used to entice the potential victim with the allure of a large salary. After a potential victim expresses interest, the perpetrator may request upfront funds for something like training or processing fees, and after being notified the funds have been received, will no longer be in contact with the victim.

6. Internet Blackmail:

Internet blackmail is when someone threatens to release private information they obtained in some manner without the consent of the other party, maybe the information is embarrassing or of a sexual nature, and seeks some type of payment, or additional degrading or humiliating information, indicating that they will cease the behavior if the payment or other demand is satisfied.

7. Vishing:

This is when the Criminal” telephones individuals posing as a bank or other organization that they believe the individual is familiar with and gathers sensitive information from the persons over the telephone, like bank information, OTP, or passwords.

8. Hacking into a person’s email:

When someone obtains access to a private email account to steal sensitive information (bank account information), fraud, and/or impersonate someone, this is a hacking violation. Hacked emails would also result in identity theft and/or financial loss.

9. Tampering with Computer Source Documents:

Tampering is the unauthorized changing or destroying of the computer source code and/or software. Tampering can deny service to others or compromise sensitive information.

10. Unauthorized Access/Data Breach:

Unauthorized access is when someone gains access without authorization to a computer system or network to steal, change, and/or destroy information. Unauthorized access is a serious crime. Unauthorized access is typically financially motivated to obtain sensitive information from organizations.”[1]

WHY IS INDIA VULNERABLE TO CYBERCRIME:

• “Accelerated Digitalization:

Over recent years, India has undergone a huge digital transformation, and more people and businesses rely on the Internet and digital technologies. Enhanced connectivity and reliance on technology provide even more opportunities for cybercriminals to exploit vulnerabilities

• Large Internet User Population:

 India is home to one of the largest Internet user populations in the world. With large numbers of people using the internet, there are potential targets for cybercriminals, making it an attractive market for cyber attacks

• Lack of Education:

 It is safe to say that many people in India do not know the risks of employing the internet and digital devices. This general unawareness of cyber threats and the best practices for cyber security means that both individuals and businesses are more susceptible to cyber-attacks.

• Underdeveloped Cybersecurity:

 The cyber security infrastructure in India is still a developing system. Many organizations particularly in the smaller business category, do not employ any cyber security, inviting altercations with cybercriminals.

• Weak Legal Environment:

 India has laws and regulations to address these issues, however, the laws are in development and this makes enforcement difficult at times. This leads to delays in prosecuting even the same criminal.”[2]

LEGAL REMEDIES:

India has formulated a statutory structure to respond to cybercrimes through statutory provisions, unique laws, and regulatory agencies. Some of the most substantive components are:

1. “Information Technology Act, 2000 (Amended 2008):

This Act is the principal statute that addresses cyber crimes in India and provides both civil and criminal liabilities for acts defined as offenses. Summary of Its Provisions –

• Section 43: Penalty for damages sustained by computer system/s without criminal intent (civil liability).
• Section 66: Computer-related offenses generally (criminal liability).
• Sections 66B to 66F: Miscellaneous cybercrime offenses involve identity theft, data theft, and cyberterrorism.
• Sections 67, 67A, 67B:  Obscenity and child pornography.
• Section 69: Provides the government with the authority to Intercept, Monitor, or Decrypt information.
• Section 70: Protection against Critical Information Infrastructure.”[3]

2. “Bharatiya Nyaya Sanhita

The BNS includes specific provisions concerning different cybercrimes –

• Section 75: Sexual Harassment: makes unwelcome sexual advances a crime, including in a digital form.
• Section 77- Voyeurism: applies the term to people making, stopping, or disseminating someone’s private images without permission, commonly termed “revenge porn” or “upskirting.”
• Section 78- Stalking: Includes both physical contact and online stalking by punishing repeated unwanted engagement or contact with someone on the internet.
• Section 111- Organized Crime: Includes cybercrimes by organized criminal groups, such as hacking for a group and large-scale online fraud.
• Section 316- Digital Theft: Refers to the theft of digital assets, including data or cryptocurrencies taken without access.
• Section 318: Cheating: this applies to online frauds, scams like phishing, etc. using online electronic platforms to commit fraud and in general to defraud someone for a value.
• Section 152: Threats to National Sovereignty: punishes acts of action or speech, including through electronic means, which threaten the unity and integrity of India.
• Section 196: Promoting Enmity: applies to people using electrical communication to foment hatred or disharmony between different groups.”[4]

CONCLUSION:

In this digital age, as India propels itself toward being a technologically empowered nation, the concurrent rise of cybercrimes poses a significant risk to individuals, companies, and national security. With more than 800 million internet users, India is one of the largest digital ecosystems in the world, but it will also be rife with cybercriminal acts which can range from identity theft, data compromise, and cyberbullying, to severe crimes like cyberterrorism and child exploitation. The anonymity, borderless nature, and instantaneous nature of cybercrimes compound the difficulty of tracing and addressing, under formal legal mechanisms. Though challenges are increasing, India has made significant strides to build a legal and regulatory architecture to combat cybercrime. The Information Technology Act, of 2000, remains the primary legislative framework for cybercrime with additional commentary in the Bhartiya Nyaya Sanhita that demonstrates a slightly more contemporary view of cybercrime. These two pieces of legislation encompass a breadth of cybercrime types from digital theft and online stalking, to data breaches and online fraud, and provide victims with either civil and/or criminal responses. However, there remains a gap in the implementation of laws, victim awareness of their rights, and compliance with laws and societal changes. The general public should be informed about digital hygiene education and reporting mechanisms to provide better protection. The security and resiliency of the cyber environment in India can only be guaranteed by all stakeholders, including policymakers, lawyers, technology experts, and public citizens, working together. As we evolve with technology, so will the need for vigilance and the legal ability to protect the digital world.

[1]https://cybercrime.gov.in/webform/crimecatdes.aspx

[2]https://www.nextias.com/blog/cybercrime-in-india/

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

[4]https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf