In this developing India lots of invention are taking place. One the machine which is called computer is very much familiar to public at large. The invention of computer makes the life easier. It is very beneficial for the organisation, institution, courts, for keeping the data securely for large period of time. It helps the people to get connected from anywhere on the earth.Therefore, the use computer is becoming vey much popular in the life of people. There were different types of crime which are committed by computer like stalking, transfer of personal information, hijacking, cyber bulling, illegal use of images etc this is called cybercrime. The cyber space has been provided to every people and it give equal opportunity to them to access irrespective of their status, caste etc.
Nowadays this freedom is being misused by the people which create new challenge to the government to make laws, rules to curtail the cybercrime. For stopping the misuse of the internet there is the law which deals with criminals of cybercrime and punishing them called cyber law and there were many organisations whose duty is to create the awareness among the people about the cybercrime and how to get out of it. In todays world people are so linked with it that every work is being provided and done on internet like studies, work, movies, etc all thing are available on internet. This is being used by lots of people but less of them knows the total working of computer. So, there is the of elaborative study aboutthe computer and internet.
Meaning of Cybercrime and Cyber Law
The cybercrime means illegal activities in which there is involvement of the network and it is done onthe electronic device. In this type of crime there is no need of physical presence at place where crime is committed so there is the steadily rise in this crime. In many cases it may be possible that offender and victim are not known and it is also not necessary that both offender and the victim has accessed to internet. The fake account with fake information which has no existence is used in order to reduce the detection and prosecution.
The cybercrime was first introduced by the Sussman and Heuston in the year on 1995. There is no any single definition but mainly it is the collection of the acts and conducts. It is a myth that at the time when offence is being committed that victim is also available online. It is mainly case taking away the software privacy of any person.
According to Black’s Law Dictionary cybercrime means, “the crime in which the knowledge about the computer is required, such as sabotaging or stealing computer data or using computer or cyberspace to commit some other crime” .
The ‘cyber law’ means the law which mainly deals with the person who are responsible for tempering any personal information or document of any person or organisation. This is mainly legal action which would be taken if anyone found guilty of illegal use of the cyber space which has been provided to everyone prescribing punishment for cyber criminals.
According to Kshetri , “Cybercrime is defined as crime were the computers and computer network are considered as the key way of committing the offence or the violative of laws and rules and regulations. For example, of cyber crime includes cyber stalking, cyber theft, cyber obscenity, online fraud, money laundering, cyber terrorism and cyber extortions.
Evolution of Cybercrime
The Charles Babbage was considered as the analytical engine. His capacity or working is similar as today’s computer but the computer has been used by the Japan. China and India since 3500 B.C. The cybercrime was first time documented in France in the year 1820. In 1820 in France a loom was created by the manufacturer named Joseph-Marie Jacquard. The function of that loom to weaving a fabric or materials step by step. This created the insecurity in the mind of the workers and they start thinking about the livelihood and employment. If this machine is successfully being introduced in the market then their employment will be in danger. So, they prefer to sabotage the device and discourage it by doing this they will secure their employment and also further no new device will be utilized.
The term cyberspace was first coined by ‘William Gibson’ in the year 1984 ‘Neuromancer’, here he describes cyberspace as the environment where the activity regarding internet takes place.Internet has created new pubic spaces and communities. These space and communities are no longer linked with the place and time so it is known as virtual.There are no any geographical boundaries for accessing internet, people setting at any place can commit cybercrime. There is no privacy and everything is recorded.
History shows that the relation between crime and technology is not new. The new ideas have been introduced and it is being adopted at the global level. In the modern period personal computing system has been increased in the globalized communication network. This network is spreading not only the ideas of committing the crime at global level, but also put in practice at global level at very high speed.
Cyber Laws in India
The law which has been enacted to deal with the cyber criminal or digital criminal is Information Technology Act 2000. This Act has been enforced by the parliament on 17th October 2000. This law has been recommended by the General Assembly of United Nation by passing the resolution on 30th January 1997. This law is based on United Nations Model Law on Electronic Commerce (UNCITRAL).
The significant of this Act are as follows;
- By this Act the digital signature are legally valid and E- Mail are considered as the valid and legal communication.
- This Act leads to the new form of business to companies i.e. issuing of digital certificate as certifying authorities.
- This Act brings electronic system more valid legally. Now government can also issue the notice by way of E- governance.
- Now it become easier to contact with the companies and companies and government by way of internet, as they communicate through internet.
- This Act remedy to any person who are victim of the internet.
A National Security Policy 2013 has been integrated with the mission, to protect the people from cyber threat, to identify the cyber offenders so that there will be reduction in vulnerabilities and damage which is being caused to cyber victims. Basically, this policy ensures the free use of cyberspace by people, companies, government through technology, cooperation, people and institutional structure.
- To ensure a secured cyber system in country so that they can use freely with trust and confidence in IT system so that IT sector will be adopted by every person of the society. The regulatory framework has been made which provide secure cyberspace ecosystem.
- To obtain the strategic information of threat from ICT infrastructure by enhancing the National and security level 24 x 7.
- To encourage standard of IT sector so that it become easy for interoperability and data exchange of different products and services.
- To undertake research & development in cyber security for all aspect like development of trustworthy system. testing, and its maintenance throughout the life cycle and it is available for short term, medium term, long term.
- To create a testing infrastructure on online service to check the credibility and verification of the site for maintaining the trusted relationship between product and vendor and improving supply chain security by making it visible.
- To encourage the wide use of E-Governance and providing the security for the trusted communication and transaction.
- To promote security awareness programme regarding cyberspace at different level.
Classification of Cyber Crime
The cybercrime is classified into various categories so that it can easily classify the graveness of the crime. The cybercrime is basically categorised in two-parti.e.,
- Violent cybercrime, and
- Non- Violent cybercrime
Violent cybercrime means, the crime in which there is any physical interactionand harm is being caused to person and harm may be caused at public at large. The violent cybercrime includes; cyber terrorism, cyber stalking, pornography, cyber bullying. Whereas non- violent cybercrime is the crime in which there is no any kind of physical interaction. The non-violent cybercrime includes; cyber theft, cyber fraud, cyber trespass, destructive cyber, cyber prostitution, online gambling, online trafficking, internet drug sales.
Cyber terrorism: The increased in internet use has given rise to a new type of cybercrime i.e. “cyber Terrorism”. The word cyber terrorism itself clarify that it is consolidation of cyberspace and terrorism. It is an illegal act which is done by the use of computers network and stealing the information of one or more countries. This is basically aimed to ruling party for creating the fear in society for politics, religious or any other social objectives. Cyber terrorism results in physical violence and it causes damages to people and property of the nation. This cyber terrorism is sensitive issues as it includes important information regarding country which is useful for nation interest, plane hijacking and bomb blast which are basically managed by computer system.
According to section 66F provides that if any person withhaving evil intention of disturbing the unity,integrity,security,or sovereignty of India or strike terror in people, causing illegal access to the computer without permission or exceeding the limit of the accessing that computer or causes to introduce content of computer which likely can cause death or injury or destroy property or service essential for life he is responsible for committing the cyber terrorism. The person who found guilty of cyber terrorism will be punished with severe punishment of imprisonment of sentence life.
The first step against the terrorism has taken by U.S.A after attack on New York and Washington on 11th of September 2001. The U.S.A has made legal provision to protect nation wide computer system against terrorism.As this is harming the infrastructure of different country loss of life’s as well as disturbance in the transport system.The cyberspace makes easier to terrorist to enable their action from distance. The advantage of the cyber terrorism is that there is limited financial investment in this and vey limited people are required and damages are very high. The significance of the internet is very easy as there are proxies use of location which create difficulty in tracing the accurate location of the terrorist.
Cyber Stalking: – This is the type of crime in which the victims are being harassed online by the electronic medium. In most of the cases the cyber stalking originates from real life which carried on internet. The cyber stalking is mainly following of the any particular person on internet or being use one’s name without her permission and misuse of ID and name. This will result in the harassment, embarrassment and humiliation of the victim. This may result in causing harm in real life as well. The stalker may be encouraged by the jealousy by someone, in anger, for taking any revenge, obsession and mental illness.
The first case of cyber stalking has been reported in Delhi in the year of 2003. There was a complaint by the lady, she said someone is using her name to chat over internet and also sharing address and phone number and vulgar chatting which creating problem in her real life. She reported that she has got approx. 40 calls in three days at odd hours.
Section 66A of the IT Act,2000 provides punishment for sending the offensive message through E- Mail or other way of communication through internet with ill will or causing annoyance to other person shall be punishable with imprisonment of one year which may extend to three year and fine as well .
In the case of Sherya Singhal v. Union of India ,it was the landmark case in which Supreme Court upholding the liberty and free speech held section 66A to be unconstitutional , as it violates the freedom of speech and expression which has been guaranteed under Article 19(1)(a) of Indian Constitution, by this unreasonable restriction it leads to violation of fundamental right.
Pornography: – There is advantage and disadvantage of being easily accessed to internet on wireless, pocketPC, mobile, computer etc. The programmer was zestfully on the way of developing the software in the year of 1970s and 1980sin which there is transfer of images, recomposition of the image and viewed to internet user. Pornography has become first successful E- Commerce. There were many cases reported regarding this. The case of Delhi which was presumed to be the first Indian cyber pornographic case, charge sheet has been filed in the juvenile court in the year 2001.In this case the boy who has created the porn website for taking the revenge from the seniors and inserted the name 12 schoolmate girl. The police have arrested him. In the case of United States v. X-citement video , it was held that the in the case of child pornography the prosecution has to give the proof that the defendant is well known about the sexually explicit nature of material and person is below the age of eighteen year.
The first case of India in which offender was convictedis,Tamil Nadu v. SuhasKatti the accused was held guilty under section 469,509 of Indian Penal Code 1860 and Section 67 of the IT Act, 2000 for posting an obscene image on yahoo group for a divorce woman, he was sentenced for two-year I imprisonment. The important concern is about minor who are willingly or unwillingly taking part in the cyber pornography which is the becoming the major issue for the public. The children from different are inevitably forced for the production of the obscene picture. The children are being threatened and are being abused by someone and other for the sexual fulfilment.The circulation of the obscene picture of teen on the internet are instigating revolution among the majority of the society.
(d) Cyber Bullying: – The cyber bullying is increasing day by day, as internet is being used by the youth for the impersonal relationship. It is the adjunct of physical bullying. It is divided in two categories; overt and convert. As in the case of cyber bullying there are mainly the involvement of the adolescent. in the case of overt bullying the victim is being kicked, harassed and there is unfavourable touch. Whereas in the convert the victim are excluded from the friend’s group, they are verbally harassed, stalked and threatened.
Non- Violent Cybercrime
Cyber theft: – Cyber theft is the way by which people can steal the information and money easily. This is very easy and secure for the offender as ability to steal from the distance reduces the possibility of being traced. The cyber theft includes cyber embezzlement, unlawful appropriation, corporate espionage, plagiarism, piracy etc. In this there are inappropriate use of data, document by the person who has legal right to access the computer system of the companies or organisation.
Every person has copyright over there own creation and anyone before using other’s creativity has to take permission. If anyone uses any others original writing or steal anyone’s creativity that will result in known as plagiarism. And the cyber theft is increasing very rapidly as many people is accessing to internet.