Introduction

Cyber security is the practice of defending computers, servers, mobile devices, electronic systems, networks, and data from malicious attacks and cyber security threats are on a rise these days.

Cybercrimes have taken a leap with the growth of technology and according to the National Crime Records Bureau (NCRB), the registered cases rose from 12,317 in 2016 to 50,035 cases in 2020 which further increased to 52975 in 2021.

Jamtara in Jharkhand previously acted as a hub of cybercrimes but at present the crimes have become rampant throughout the territory of India

What are the Various Forms of Cyber Crimes Witnessed in India?

• India has witnessed a rise of cybercrimes in various forms some of which are enumerated below:
  • People receive video calls and then later on they get indecent photographs and videos with their faces superimposed on such photographs and videos.
  • Sometimes even if nothing is done at one’s end, he/she can still fall prey to cybercrime. This can be done by creating a fake profile in one’s name on social media and then asking for funds or donations through that profile.
  • Another prevalent method of duping people online is by providing their mobile number for activation of SIM cards bought to commit financial frauds or other criminal wrongs.
• The online fraud set up is growing day by day owing to its ease of operation as one just needs a smartphone and an internet connection to initiate the venture.
• One must wonder that from where these fraudsters get the phone numbers but it's quite shocking to know that recently Police nabbed a Faridabad man for hacking and selling sensitive data of 669 million people across 24 states and 8 metro cities.

What are the Legal Provisions in relation to Cyber Crimes in India?

Information Technology Act, 2000

• The IT Act came into force on 17^th October 2000.
• Offences under the IT Act are as follows:
  • Section 65 - Tampering with computer source documents - If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.
    Penalty - Imprisonment up to three years, or/and with a fine up to Rs. 200,000.
  • Section 66 – Hacking with computer system - If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.
    Penalty - Imprisonment up to three years, or/and with a fine up to Rs. 500,000.
  • Section 66B - Receiving stolen computer or communication device - A person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe that it is stolen.
    Penalty - Imprisonment up to three years, or/and with a fine up to Rs.100,000.
  • Section 66C – Using password of another person - A person fraudulently uses the password, digital signature or other unique identification of another person.
    Penalty - Imprisonment up to three years, or/and with a fine up to Rs. 100,000.
  • Section 66D – Cheating using computer resource - If a person cheats someone using a computer resource or communication.
    Penalty - Imprisonment up to three years, or/and with a fine up to Rs. 100,000.
  • Section 66E – Publishing private images of others - If a person captures, transmits or publishes images of a person's private parts without his/her consent or knowledge.
    Penalty - Imprisonment up to three years, or/and with a fine up to Rs. 200,000.
  • Section 66F – Act of cyber terrorism - If a person denies access to authorized personnel to a computer resource, accesses a protected system or introduces contaminant into a system, with the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyber terrorism.
    Penalty - Imprisonment up to life.
  • Section 67 - Publishing information which is obscene in e-form - If a person publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
    Penalty - Imprisonment up to five years, or/and with a fine up to Rs 1,000,000.
  • Section 67A - Publishing images containing sexual acts - If a person publishes or transmits images containing a sexually explicit act or conduct.
    Penalty- Imprisonment up to seven years, or/and with a fine up to Rs 1,000,000.
  • Section 67B – Publishing child porn or predating children online - If a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child into a sexual act. A child is defined as anyone who is under 18 years of age.
    Penalty- Imprisonment up to five years, or/and with a fine up to Rs 1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to Rs 1,000,000 on second conviction.
  • Section 67C - Failure to maintain records - Persons deemed as intermediary (such as an ISP) must maintain required records for stipulated time. Failure is an offence.
    Penalty- Imprisonment up to three years, or/and with fine.
  • Section 68 - Failure/refusal to comply with orders - The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made there under. Any person who fails to comply with any such order shall be guilty of an offence.
    Penalty- Imprisonment up to three years, or/and with a fine up to Rs 200,000.
  • Section 69 - Failure/refusal to decrypt data - If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed, extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.
    Penalty- Imprisonment up to seven years and possible fine.
  • Section 70 - Securing access to a protected system - The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system. The appropriate Government may, by order in writing, authorize the persons who are authorized to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offence.
    Penalty- Imprisonment up to ten years, or/and with fine.
  • Section 71 – Misrepresentation - If anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate.
    Penalty - Imprisonment up to three years, or/and with fine up to Rs 100,000.
• Section 66A of the abovesaid act was held unconstitutional by the Apex Court in the case Shreya Singhal v. UOI (2015).
  • This section provided punishment for sending offensive messages through communication service, etc.

Indian Penal Code, 1860

• The Indian Penal Code aids in punishing offenders of cybercrimes along with the IT Act, 2000.
• The major provisions that deal with cyber frauds are as follows:
  • S. 463 - Forgery.— Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
  • S. 465 - Punishment for forgery —Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
  • S. 468 - Forgery for purpose of cheating. —Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

What are the Ways to Prevent Cyber Crimes?

• Cyber Crimes can be prevented by following some of the steps given below:
  • Enforcing concrete security and keeping it up to date.
  • By not giving out personal information to a stranger.
  • Using up to date antivirus softwares.
  • Keep your information secure while visiting unauthorized websites.

Conclusion

We are living in a digital age and cyberspace is not limited to one's boundaries, rather it covers an entire world. As a result, cybercrime is increasing day by day not only in India but all throughout the world. The problem is the outcome of technology, which was created for our safety, but it has turned the other way around, we as consumers of it must practice vigilance to be on the safer side.