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MATS LAW SCHOOL, MATSUNIVERSITY, RAIPUR,

CHHATTISGARH (2022-2023)

WHITE COLLAR CRIME PROJECT REPORT ON -

CYBER CRIME: A BROAD SPECTRUM OF
CRIMINAL ACTIVITIES

Submitted to- Dr. Vinod Kumar Saroj

Submission by- Trupti Dipan Gala

Mats ID- MU22LLM1Y028

Course- LL.M (1 year) Semester 1
Date of submission: 07.01.2023

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ACKNOWLEDGEMENT

In preparation of my assignment, I had to take the help and guidance of some respected
persons, who deserve my deepest gratitude. As the completion of this assignment gave me
much pleasure, I would like to show my gratitude to Professor Dr. Vinod Kumar Saroj
sir, on Mats University for giving me required guidelines for assignment throughout
numerous consultations. I would also like to expand my gratitude to all those who have
directly and indirectly guided me in writing this assignment. In my grateful list,
technology is the first thing I’m thankful for. I respect and thank Mats University, Mats
law school, Raipur for the great learning opportunity which enhanced my knowledge in
the subject. Also, I am grateful that I could finish the project on time. Last but not the
least, gratitude to my helpful classmates for support and willingness to help.

TRUPTI DIPAN GALA

MATSID: MU22LLM1Y028
LL.M.(1 Year)SEMESTER -1

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DECLARATION

I certify that this assignment is my own work, based on my personal study and/or
research and that I have acknowledged all material and sources used in its preparation,
whether they be books, articles, reports, lecture notes, and any other kind of document,
electronic or personal communication. I also certify that this assignment/report has not
previously been submitted for assessment in any other unit, except where specific
permission has been granted from all unit coordinators involved, or at any other time in
this unit, and that I have not copied in part or whole or otherwise plagiarized the work of
other students and/orpersons.

TRUPTI DIPAN GALA

MATS ID:MU22LLM1Y028

LL.M. (1 Year) SEMESTER1

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CERTIFICATE

This is to certify that Trupti Dipan Gala, a student of 1 year LL.M of Mats University,
Raipur has successfully completed the research on the assignment on White collar crime
on the topic “Cyber Crime : A Broad Spectrum Of Criminal Activities” under the
guidance of Professor Dr. Vinod Kumar Saroj Sir during the year 2022-23. The original
research work was carried out by her under my supervision. It is further certified that this
project is the individual work of the candidate.

Signature:
Date: 7th January, 2023.

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TABLE OF
CONTENT

SR. NO PARTICULARS PAGE NO.

1. Acknowledgement 2
2. Declaration 3
3. Certificate 4
4. List of Abbreviation 7
5. List of Cases 8
6. Introduction 9
7. Cyber Crime 9
8. Definition of Cyber Crime 10
9. History of Cyber Crime 11
10. Nature and Scope of Cyber Crime 11-12
Characteristics of Cyber Crime
o People with specialized knowledge
o Geographical challenges
11. 13
o Virtual World
o Collection of Evidence
o Magnitude of crime unimaginable

Classifications of Cyber Crime

o Cyber Crime against individuals
12. 14-19
o Cyber Crime against organizations
o Cyber Crime against society

Cyber Crime’s scenario in India (A Few Case

study)

13. o Sony.Sambandh.Com Case 19-22

o Bazee.com case
o Parliament Attack Case

14. Impact of Cyber Crimes 21

15. Cyber Law 22

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16. Need of Cyber Law 22-23

Cyber Law in India

o Cyber Law under the IT Act
17. 23-26
o Cyber Law under IPC
o Cyber Crimes under the Special Acts

18. Conclusion 27

19. Bibliography 28

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LIST OF ABBREVIATION

1) IPC- Indian Penal Code.

2) CRPC- Criminal Procedure Code.

3) IT- Information Technology

4) Ors- others.

5) Etc. - Et cetera.

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LIST OF CASES

 Yahoo v. Akash Arora

 Vinod Kaushik and ors. V/s. Madhvika Joshi and ors
 Sony.Sambandh.Com Case
 Bazee.com case
 Parliament Attack Case

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Introduction
MEANING :- White-collar crime is a type of crime committed by persons from upper-
class backgrounds who are members of a recognized social group. These crimes are
perpetratedas a result of their employment.

purposes starting from the individual to large organizations across the globe. In simple
term we can define computer as the machine that can stores and manipulate/ process
information or instruction that are instructed by the user. Most computer users are utilizing
the computer for the erroneous purposes either for their personal benefits or for other’s
benefit since decades, hence this gave birth to “Cyber Crime”. This had led to the
engagement in activities which are illegal to the society.

We are living in an era where the internet has become a part of our daily schedule.
Everything, from ordering food to shopping online, studying a subject to looking at
memes, posting online about your whereabouts to online transactions, has been so
engraved in our functioning that we tend to overlook the threats and dangers it poses to us.
The web is a worldwide stage, which means that anyone can have access to it. And once
people have access to anything, they start violating it.

Cyber Crime

Sussman and Heuston first proposed the term “Cyber Crime” in the year 1995.
Cybercrime cannot be described as a single definition; it is best considered as a collection
of acts or conducts. These acts are based on the material offence object that affects the
computer data or systems. These are the illegal acts where a digital device or
information system is a tool or a target or it can be the combination of both. The
cybercrime is also known as electronic crimes, computer-related crimes, e-crime,
hightechnology crime, information age crime etc.

The Indian Law does not define the term ‘cybercrime’. It is neither defined in the
Information Technology Act, 2000 nor in the I.T. Amendment Act, 2008 nor in any other
legislation of India. In fact, the Indian Penal Code still does not use the term ‘cybercrime’
even after its amendment by the Information Technology (Amendment) Act, 2008.
However, cybercrime can be defined as any criminal activity directly related to the use of
computers and the internet, such as illegal trespass into the computer system or
database of
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another, manipulation or theft of stored or online data, hacking, phishing, cyber warfare,
spreading computer viruses etc. In simple words, any offence or crime in which a
computer is used for committing that crime.There is a myth among the people that Cyber-
crimes can only be committed over the cyberspace or the internet. In fact, Cyber-crimes
can also be committed without ones involvement in the cyber space, it is not necessary
that the cyber- criminal should remain present online. Software privacy can be taken as an
example.

Definition of Cyber Crime

The Indian Legislature doesn’t provide the exact definition of Cyber Crime in any statute,
even the Information Technology Act, 2000; which deals with Cyber Crime doesn’t
defined the term of Cyber Crime. However in general the term cybercrime means any
illegal activity which is carried over or with the help of internet or computers.

Dr. Debarati Halder and Dr. K. Jaishanka define Cyber Crimes as: “Offences that are
committed against individuals or groups of individuals with a criminal motive to
intentionally harm the reputation of the victim or cause physical or mental harm, or
loss, to the victim directly or indirectly, using modern telecommunication networks
such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones
(SMS/MMS)”

The oxford Dictionary defined the term Cyber Crimeas “Criminal activities carried out
by means of computers or the Internet.

Professor S.T. Viswanathan has given three definitions in his book The Indian Cyber
Laws with Cyber Glossary is as follows –
- Any illegal action in which a computer is the tool or object of the crime i.e. any
crime, the means or purpose of which is to influence the function of a computer,
- Any incident associated with computer technology in which a victim suffered or
could have suffered loss and a perpetrator, by intention, made or could have made
a gain,
- Computer abuse is considered as any illegal, unethical or unauthorized behavior
relating to the automatic processing and transmission of data

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History of Cyber Crime

In 1992, the first Cyber-crime appeared wherein the first polymorphic virus was released.
In India, one of the very first cases of Cyber-crime was that of Yahoo v. Akash Arora.
This case occurred in 1999. In this case, the defendant Akash Arora was accused of using
the trademark or domain name 'yahooindia.com' and a decree of permanent injunction
was sought. The other case is of Vinod Kaushik and ors. V/s. Madhvika Joshi and ors.
In which it was held that accessing of e-mail accounts of husband and father-in-law
without their permission is unauthorized under section 43 of the IT Act, 2000. This case
was decided in 2011.The above-mentioned cases refer to the fact as how did the Cyber-
crime evolve in India.

Nature and Scope of Cyber Crime

Crime is a socially correlated phenomenon. No matter how much we try, we cannot

experience a society without cybercrime. In actual sense, when we are not yet able to
control the crime rate to the desirable minimum in the real world, how would it be
possible to curb the same in the virtual world, as the same is comparatively more
unreal, everlasting and legally less controllable. However with the time, nature and scope
and definition of crime changes in a given society. Crimeless society is a myth and
crime cannot be segregated from a society. Thus the nature of the crime depends upon
the nature of a society.

Complexity of the society determines the complexity of the crime that evolves’
around it. To understand the crime in a society, it is essential and crucial to verify all the
factors which influence and contribute to the crime. The socio- economic and political
structure of the society needs to understand the crime and the recourse that may curb the
same. The preventive and corrective measures adopted by the machinery to control the
crime and delinquent behaviour in the society are also taken into consideration while
studying the nature and scope of a crime.

The advancement of the technology has produced new socio-economic and political
problem in the society and instead of helping the state in controlling the problem it has
created new complex situation which is difficult to understand and even more
difficult to
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apply current law to face the situation. The state machinery is not equipped with enough
sources and knowledge to handle the modern crime. Computers have transformed the
modern society beyond expectations in last three to four decades. It has made life not only
convenient but has also immensely helped different sections of the world come closer
socially, economically and culturally.

The Computer technology has made it possible to have access to all corners of the world
while sitting in a room. Modern technology has put an end to the barriers of time and
space. However, unlikely with the remarkable merits of having computers today, due to
this the jurisdictional issue has been created in legal system.

Jurisdiction is one aspect which is very difficult to determine in transnational transaction

over the internet. There was unmanageable ambiguity when courts were subjected to
questions pertaining to jurisdiction law and were unable to decide the proper forum to
entertain cases involving Cyber Crime as the cyberspace or virtual world is borderless if
we compare it with physical world and that is why it is very difficult to control
cybercrime. Through the local machinery we are not able to tackle the problem related
with Cyber Crime because our machinery is not compatible to deal with transnational
crimes. The law applicable to the territory is not advanced enough to regulate the Cyber
Crime as their nature is far different from the existing crime.

Thus, the global dimension of Cyber Crime is made it difficult to handle and dealt with.
The evolution of internet technology has given us so many advantages to deal with future
problems and grow with rapid rate but also it has provided the scope for criminals to
commit their crime with least chance of detection. The cyberspace has proved a boon to
the deviant behaviour in the society. The concept of Cyber Crime has gained speed and we
are facing great threat of its impact on world society. The human society is become
vulnerable to Cyber Crime due to more and more dependence on technology.

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Characteristics of Cyber Crime

The Concept of Cyber Crimeis very different from the traditional crime. Also due to the
growth of Internet Technology, this crime has gained serious and unfettered attention as
compared to the traditional crime. So it is necessary to examine the peculiar
characteristicsof Cyber Crime.

o People with specialized knowledge

Cyber Crimecan only be committed through the technology, thus to commit this kind
of crime one has to be very skilled in internet and computers and internet to commit
such a crime. The people who have committed Cyber Crime are well educated and
have deep understanding of the usability of internet, and that’s made work of police
machineryvery difficult to tackle the perpetrators of Cyber Crime.

o Geographical challenges
In cyberspace the geographical boundaries reduced to zero. A CyberCriminal in no
time sitting in any part of the world commit crime in other corner of world. For
example a hacker sitting in India hack in the system placed in United States.

o Virtual World
The act of Cyber Crimetakes place in the cyber space and the criminal who is
committing this act is physically outside the cyber space. Every activity of the criminal
while committing that crime is done over the virtual world.

o Collection of Evidence
It is very difficult to collect evidence of Cyber Crime and prove them in court of
law due to the nature of Cyber Crime. The criminal in Cyber Crimeinvoke jurisdiction
of several countries while committing the Cyber Crimeand at the same time he is
sitting some place safe where he is not traceable.

o Magnitude of crime unimaginable

The Cyber Crimehas the potential of causing injury and loss of life to an extent which
cannot be imagined. The offences like cyber terrorism, cyber pornography etc. has
wide reach and it can destroy the websites, steal data of the companies in no time.

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Classifications of Cyber Crime
Cyber Crime can be classified into four major categories. They are as follows:

o Cyber Crime against individuals

Generally, ordinary individuals are the most vulnerable targets of cybercriminals.
This is due to various reasons like lack of information, guidance, and cyber-security.
The following are some of the main cyber-crimes committed targeting individuals.

 Cyber bullying: The term cyber bullying is not defined under any Indian law.
However, in general parlance, cyberbullying refers to bullying someone by
threatening, harassing or embarrassing the victim using technology digital device.
Generally, cyberbullying includes the following activities on the internet:
- Humiliating/embarrassing content posted online about the victim of online
bullying,
- Hacking social media accounts
- Posting vulgar messages on social media
- Threatening the victim to commit any violent activity
- Child pornography or threatening someone with child pornography

In India, a whopping amount of almost 85% of children experiences cyberbullying.

There are no specific provisions that deal with cyberbullying. Section 67 of
the IT Act is the closest legal provision relating to cyberbullying. It penalizes
anyone who transmits obscene materials in electronic form. The punishment for
such transmission is imprisonment for a term which may extend to five years and a
fine which may extend to Rs. ten lakh

Also, Section 66E of the IT Act provides the punishment for violating any person’s
privacy through the internet. Under this section, any person who intentionally
violates anyone’s privacy by transmitting, capturing or publishing private pictures
of others shall be punished with imprisonment up to three years imprisonment or
a fineof up to three lakhs.

Further, Section 507 of IPC provides that any person who threatens anyone
through anonymous communication shall be punished with imprisonment for up
to two years.

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One of the prime cases in which cyberbullying was discussed was Shreya
Singhal
v. Union of India (2015). In this case, the Hon’ble Supreme Court struck down
Section 66A of the IT Act. The said Section dealt with the transmission of
objectionable messages via a computer resource. The court held that the said
Section was a violation of Article 19(1)(a) of the Indian Constitution, which deals
with citizens’ right to freedom of speech and expression. The court further held
that other legal provisions like Sections 66B and 67C of the IT Act and several
Sections of the IPC were sufficient enough to deal with cyberbullying.

 Cyber defamation: Cyber defamation means the harm that is brought on the
reputation of an individual in the eyes of other individual through the cyber
space. The purpose of making defamatory statement is to bring down the
reputation of the individual. Punishment for Cyber defamation is provided under
Section 67 of the IT Act; whoever publishes or transmits a defamatory statement
about a person shall be punished with 2 years imprisonment and a fine up to
₹25000.

 Phishing: In this type of crimes or fraud the attackers tries to gain information
such as login information or account’s information by masquerading as a reputable
individual or entity in various communication channels or in email.Section 66C
of the IT Act penalizes any offender committing phishing-related activities. It
provides that anyone who fraudulently uses an electronic signature, password or
any other unique identification feature of any other person is punishable with
imprisonment ofup to three years and a fine of up to Rs.1 lakh.

 Cyber theft: Cyber theft is a type of cybercrime which involves the unauthorized
access of personal or other information of people by using the internet. The main
motive of the cyber criminals who commit cyber theft is to gather confidential
data like passwords, images, phone numbers, etc. and use it as leverage to
demand a lump sum amount of money. The unauthorized transmission of
copyrightedmaterials, trademarks, etc. over the internet is also a part of cyber theft.
Cyber thefts are committed through various means, like hacking, email/
SMS spoofing, etc. Under the IT Act, data theft is defined under Section 43(b) as
downloading, copying, or extracting any data, computer database or information
from such computer, system, or network without the permission of its owner. 15
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cyber theft (specifically, identity theft) is provided under Section 66C of the IT
Act. The punishment for the same is imprisonment of up to three years and/or
up to ₹ 2lakh fine.

 Spyware: Spyware is a type of malware or malicious software, when it is

installed, it starts accessing and computing the other person’s device without the
end user’s knowledge. The primary goal of this software is to steal credit card
numbers, passwords, One-Time Passwords (OTPs), etc. Punishment for spyware is
provided under Section 43 of the IT Act. It states that if any person damages the
computer, system, etc. of any other person without his/ her permission, he/ she
shall be liable to pay damages by way of compensation to the person so affected.

o Cyber-crime against organizations

The cyber-crimes mainly targeting individuals may help cybercriminals get only a
meager amount of ransom, depending on the financial status of the targeted
individuals. On the other hand, cyber-attacking large companies or organizations can
help them get their hands on extremely confidential data of both private and public
institutions and entities. The following are the kinds of cyber-crimes launched
targeting organizations:

 Attacks by virus: A computer virus is a kind of malware which connects itself to

another computer program and can replicate and expand when any person
attempts to run it on their computer system. For example, the opening of
unknown attachments received from malicious emails may lead to the automatic
installation of the virus on the system in which it is opened. These viruses are
extremely dangerous, as they can steal or destroy computer data, crash computer
systems, etc. The attackers program such malicious viruses to get hold of
organisations’ official or confidential data. The illegally retrieved data is then used
as leverage to extort ransom from the organisations.

 DOS attack: In this attack, the attacker floods the servers, systems or networks
with traffic in order to overwhelm the victim resources and make it infeasible or
difficult for the users to use them. Cyber attackers who launch DoS in India are
punishable under Section 66F of the IT Act, which deals with cyber terrorism. As
per the said Section, any person who disrupts the authorised access to a
computer resource or gets access to a computer resource through unauthorised
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a computer network is liable for imprisonment which may extend for life.

 Salami attack: The other name of Salami attack is Salami slicing. In this attack,
the attackers use an online database in order to seize the customer’s
information like bank details, credit card details etc. Attacker deduces very little
amounts from every account over a period of time. In this attack, no complaint is
file and the hackers remain free from detection as the client’s remain unaware of
the slicing.

 Web Jacking: Web Jacking refers to the illegal redirection of a user’s browser
froma trusted domain’s page to a fake domain without the user’s consent. By using
the method of Web Jacking, people visiting any well-known or reliable website
can be easily redirected to bogus websites, which in turn lead to the installation of
malware, leak of personal data, etc. Web jackers intend to illegally collect
confidential information of users by enticing them to click on any link which
may seem genuineat the first glance.

 Data Diddling: Data diddling is a cyber-crime which involves the unauthorized

alteration of data entries on a computer. It may be done either before or during the
entry of such data. It is generally committed by way of computer virus attacks. At
times, to conceal the alteration, the altered data is changed to its original data after
retrieving the required information. Usually, the strategic or statistical data of large
companies.

In India, data diddling is an offence under Section 65 of the IT Act. The said
Section provides that knowingly or intentionally concealing, destroying, altering or
causing another to conceal, destroy, or alter any computer source code used for a
computer, computer programme, computer system or computer network is
punishable with imprisonment of up to three years or with fine of up to two lakhs.

o Cyber- Crime against society

Apart from the cyber-crimes committed targeting individuals in society, various other
cyber-attacks are launched against the community at large. Such cyber-crimes may be
aimed either against any particular section of society or the entire country. The
following are a few types of cyber-crimes against the community at large.

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 Cyber Espionage: According to Merriam-Webster Dictionary, espionage is “the

practice of spying or using spies to obtain information about the plans and
activities especially of a foreign government or a competing company.” Similarly,
cyber espionage refers to the unauthorized accessing of sensitive data or
intellectual property for economic, or political reasons. It is also called ‘cyber
spying.
Generally, the following data are gathered through cyber espionage:
- Military data
- Academic research-related data
- Intellectual property
- Politically strategic data, etc.

 Cyber pornography: As per Merriam-Webster Dictionary, pornography is the

depiction of erotic behaviour (as in pictures or writing) intended to cause sexual
excitement. Accordingly, cyber pornography refers to using the internet to display,
distribute, import, or publish pornography or obscene materials. Under the IT Act,
provisions as to cyber pornography are given under Section 67 of the IT Act. It
states that the following activities are punishable with imprisonment of up to 3
years and a fine of up to 5 lakhs:
- Uploading pornographic content on any website, social media, etc. where third
parties may access it.
- Transmitting obscene photos to anyone through email, messaging, social
media, etc.

 Cyber Terrorism: Cyber terrorism means using cyberspace to hurt the general
public and damage the integrity and sovereignty of any country. The IT Act
defines cyber terrorism under Section 66F as any acts done by a person with the
intent to create a threat to the unity, integrity, sovereignty and security of the
nation or create terror in minds of people or section of people by way of disrupting
the authorised access to a computer resource or getting access to a computer
resource through unauthorised means or causing damage to a computer network.

Cyber terrorism is generally carried out in the following ways:

- Hacking government-owned systems of the target country and getting

confidential information.
- Destructing and destroying government databases and backups
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incorporating viruses or malware into the systems.
• Disrupting government networks of the target nation.
• Distracting the government authorities and preventing them from focusing
onmatters of priority.

The punishment for cyber terrorism as provided under Section 66F of the IT Act is
imprisonment of up to 3 years and/or up to Rs. 2 lakh fine.

Cyber Crime’s scenario in India (A Few Case study)

o Sony.Sambandh.Com Case

India saw its first cybercrime conviction in 2013. It all began after a complaint was
filed by Sony India Private Ltd, which runs a website called www.sony-
sambandh.com, targeting Non-Resident Indians. The website enables NRIs to send
Sony products to their friends and relatives in India after they pay for it online.
The company undertakes to deliver the products to the concerned recipients. In May
2002, according to the cybercrime case study, someone logged onto the website
under the identity of Barbara Campa and ordered a Sony Colour Television set and a
cordless headphone. She gave her credit card number for payment and requested the
products to be delivered to ArifAzim in Noida. The payment was duly cleared by the
credit card agency, and the transaction was processed. After following the relevant
procedures of due diligence and checking, the company delivered the items to
ArifAzim. At the time of delivery, the company took digital photographs showing
the delivery being accepted by ArifAzim. The transaction closed at that, but after
one and a half months the credit card agency informed the company that this was an
unauthorized transaction as the real owner had denied having made the purchase.

The company lodged a complaint about online cheating at the Central Bureau of
Investigation which registered a case under Section 418, 419 and 420 of the Indian
Penal Code. The matter was investigated, and ArifAzim was arrested. Investigations
revealed that ArifAzim while working at a call centre in Noida gained access to the
credit card number of an American national which he misused on the company's site.

The CBI recovered the colour television and the cordless headphone, in this one of
a

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kind cyber fraud case. In this matter, the CBI had evidence to prove their case,
and so the accused admitted his guilt. The court convicted ArifAzim under Section
418, 419 and 420 of the Indian Penal Code - this being the first time that cybercrime
has been convicted.

The court, however, felt that as the accused was a young boy of 24 years and a first-
time convict, a lenient view needed to be taken. The court, therefore, released the
accused on probation for one year. The judgment is of immense significance for the
entire nation. Besides being the first conviction in a Cybercrime matter, it has shown
that the Indian Penal Code can be effectively applied to certain z used to exchange
many emailsusing the company’s computers. After some time they hadbroken up their
marriage and the young lady created somefake email ids such as “Indian bar
associations” and sentmails to the boy‘s foreign clients. She used the bankscomputer
to do this. The boy‘s company lost a hugenumber of clients and took the bank to court.
The bankwas held liable for the emails sent using the bank‘s system.

o Bazee.com case:
In December 2004 the Chief Executive Officer of Bazee.com was arrested because he
was selling a compact disk (CD) with offensive material on the website, and even
CD was also conjointly sold-out in the market of Delhi. The Delhi police and therefore
the Mumbai Police got into action and later the CEO was free on bail.

o Parliament Attack Case:

The Bureau of Police Research and Development,Hyderabad had handled this case. A
laptop was recoveredfrom the terrorist who attacked the Parliament. The
laptopwhich was detained from the two terrorists, who weregunned down on 13th
December 2001 when theParliament was under siege, was sent to
ComputerForensics Division of BPRD. The laptop contained severalproofs that
affirmed the two terrorist’s motives, mainlythe sticker of the Ministry of Home that
they had created on the laptop and affixed on their ambassador car to achieve entry
into Parliament House and the fake ID card that one of the two terrorists was carrying
with a Government of India emblem and seal. The emblems (of the 3 lions) were
carefully scanned and additionally the seal was also craftily created together with a
residential address of Jammu and Kashmir. However careful detection proved that
it was all forged and made on the laptop.

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Impact of Cyber Crimes

o Impact on Economy
People today are highly dependent on computers and the internet for money
transfers and making payments. Therefore, the risk of being subjected to online money
frauds is extremely high. Norton CyberCrime disclosed in 2011 that over 74 million
people in the United States were victims of cybercrime in 2010, which directly
resulted in financial losses of approximately $32 billion. Even in India, with the
emergence and popularity of “cashless India”, chances of being duped online are also
increasing, if one is not smart enough to use safe online transaction platforms and
apps.

Not just individuals suffer from financial losses due to cybercrimes; some of the
surveys conducted have stated that approximately 80% of the companies participating
in thesurveys accepted financial losses due to cybercrimes.

o Leakage of Personal Information

Not just financial losses, people also suffer from leakage of their personal information.
Many social networking sites, no matter how safe, are still an open platform for
everyone to see someone else’s life, which can be dangerous. Apart from this,
hackers can also hack into one’s account and collect whatever information they want
to. Spamming and phishing also cause harm to people.

o Loss of Consumer Trust

With such financial losses and a threat to personal information, consumers start losing
trust in such sites and apps. Even if the person committing the crime is someone
else, the site or app is declared to be fraudulent and unsafe. Also, it makes people
reluctant to start a transaction when their credit card information is asked. This
affects the credibility of an e-business and consequently jeopardizes a potential
business.

o The threat to National Security

Nowadays, the military of most of the countries is using advanced computer
technologies and networks. Information warfare, albeit old, is used to spread malware,
which can cause network crashes and spread misinformation. Not just militaries but
terrorists and cybercriminals also these technologies to intrude in other Country’s
security networks and obtain information. They also send threats and warnings through
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Cyber Law

Cyber Law took birth in order to take control over the crimes committed through the
internet or the cyberspace or through the uses of computer resources. Description of the
lawful issues that are related to the uses of communication or computer technology can be
termed as Cyber Law.Cyber Crimes are a new class of crimes which are increasing day
by day due to extensive use of internet these days. To combat the crimes related to internet
The Information Technology Act, 2000 was enacted with prime objective to create an
enabling environment for commercial use of I.T. The IT Act specifies the acts which have
been made punishable. The Indian Penal Code, 1860 has also been amended to take into
its purview Cyber Crimes.

Need of Cyber Law

With the evolution and development of the internet, information technology and
computers, challenges imposed by Cyber Crimes have also increased. Therefore, cyber
laws regulate all fields of laws in which Cyber Crimes can be committed, such as criminal
law, contract, intellectual property law and tort. Cyber laws deal with various kinds of
concerns, such as free speech, safety, intellectual property rights, privacy, terrorism, e-
commerce andjurisdiction of cyber laws.

With the increase in the number of internet users, the need for cyber laws and their
application has become very urgent in modern times. Cyber laws are needed because:

 Consumers are increasingly using online transactions with the increased popularity of
payment apps and sites, as they are easy and efficient. Government’s scheme of
‘Cashless India’ has also gained popularity resulting in a high amount of online
transactions.

 Email, SMS, messaging apps and social networking sites have become the main mode
of communication.

 Companies are highly dependent upon their computer networks to keep their electronic
data safe.

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 Most of the government forms are now filled in electronic format, for example, Income
Tax Return, Passport application, Pan Card application, Company law forms etc.

 Digital Signatures and authorization is fast, replacing conventional ways of

identification for transactions.

 Computers and networks also help in non-Cyber Crimes as well. As most of the data,
these days are stored in computers and mobile phones. The evidence collected from
them can help in various crimes such as kidnapping, terrorist attacks, counterfeit
currencies, tax evasion and such.

 Cyber laws help in representing and defining the model of cyber society and
maintaining cyber properties.

 Digital contracts are also gaining popularity in modern times; cyber laws help in
protecting the rights of these legally enforceable digital contracts.

Cyber Law in India

In India, cyber laws are contained in the Information Technology Act, 2000. The main
object of this Act is to provide legal recognition to e-commerce and electronic formats
and to facilitate the filing of electronic records with the Government. This legislation lays
down rules and regulations related to cybercrimes, electronic information and formats,
electronic authentication and digital signatures, and liability of network service
providers. The I.T. Act is based on the United Nations Model Law on Electronic
Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of the
United Nations by a resolution dated30 January 1997.

o Cyber Law under the IT Act:

Following are the sections under IT Act, 2000:

 Section 65-Temping with the computers source documents

Punishment: Any person who involves in such crimes could be sentenced up to
3years imprisonment or with a fine of Rs.2 lakhs or with both.

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 Section 66- Hacking with computer system, data alteration etc.

Punishment: Any person who involves in such crimes could be sentenced up to 3
years imprisonment, or with a fine that may extend up to Rs. 2 lakhsor both.

 Section 66A- Sending offensive messages through any communication services

Punishment: Any individual found to commit such crimes under this section
couldbe sentenced up to 3years of imprisonment along with a fine.

 Section 66B- Receiving stolen computer’s resources or communication devices

dishonestly
Punishment: Any person who involves in such crimes could be sentenced either
description for a term that may extend up to 3 years of imprisonment or with a
fineof Rs. 1 lakh or both.

 Section 66C- Identify theft

Punishment: Any person who involve in such crimes could be sentenced either
with a description for a term which may extend up to 3 years of imprisonment
along witha fine that may extend up to Rs. 1 lakh.
 Section 66D- Cheating by personation by the use of computer’s resources
Whoever tries to cheats someone by personating through any communication
devices or computer’s resources shall be sentenced either with a description
for aterm that may extend up to 3 years of imprisonment along with a fine
that mayextend up toRs. 1 lakh.

 Section 66E- Privacy or violation

Whoever knowingly or with an intention of publishing, transmitting or capturing
images of private areas or private parts of any individual without his/her
consent, that violets the privacy of the individual shall be shall be sentenced to 3
years of imprisonment or with a fine not exceeding more than Rs. 2 lakhs or both.

 Section 66F- Cyber terrorism

Punishment: Whoever conspires or commits such Cyber Crime or cyber terrorism
shall be sentenced to life time imprisonment.

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 Section 67- Transmitting or publishing obscene materials in electronic form

Whoever transmits or publishes or cause to publish any obscene materials in
electronics form. Any material that is vulgar or appeal to be lubricious or if its
effectis for instance to tends to corrupt any individual who are likely to have
regard to allrelevant circumstances to read or to see or to hear the matter that
contained in it,shall be sentenced on the first convict with either description
for a term that mayextend up to five years of imprisonment along with a fine
which may extend up toRs. 1 lakh and in the second or subsequent convict it can
be sentenced eitherdescription for a term that may extend up to ten years
along with a fine that mayperhaps extend to Rs. 2 lakhs.

 Section 67A- Transmitting or publishing of materials that contains sexually

explicit contents, acts etc. in electronics form
Whoever transmits or publishes materials that contains sexually explicit contents
or acts shall be sentences for either description for a term which may extend up to
5 years or imprisonment along with a fine that could extend to Rs. 10 lakhs in the
first convict. And in the event of the second convict criminal could be sentenced
for either description for a term that could extend up to 7 years of imprisonment
along with a fine that may extend up toRs. 20 lakhs.

 Section 67B- Transmitting or publishing of materials that depicts children in

sexually explicit act etc.in electronics form
Whoever transmits or publishes any materials that depict children in sexually
explicit act or conduct in any electronics form shall be sentenced for either
description for a term which may extend to 5 years of imprisonment with a fine
that could extend to Rs. 10 lakhs on the first conviction. And in the event of
second conviction criminals could be sentenced for either description for a term
that could extend to 7 years along with a fine that could extend to Rs. 10 lakhs.

 Section 67C- Retention and preservation of information by intermediaries

Punishment: Whoever commits such crimes shall be sentenced for a period that
mayextend up to 3 years of imprisonment and also liable to fine.

 Section 69- Power to issue direction for monitor, decryption or

interception ofany information through computer’s resource

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o Cyber Law under IPC:

 Section 503 of IPC -Sending threatening messages by email

 Section 499 IPC- Sending defamatory messages by email

 Section463 IPC- Forgery of electronic records, Email spoofing

 Section 420 IPC- Bogus websites, cyber frauds

 Section383 IPC- Web-Jacking

 Section 500 IPC - E-Mail Abuse

o Cyber Crimes under the Special Acts:

 Online sale of Drugs under Narcotic Drugs and Psychotropic Substances
ActOnline sale of Arms Act.

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CONCLUSION

The rise and proliferation of newly developed technologies begin star to operate many
cybercrimes in recent years. Cybercrime has become great threats to mankind. Protection
against cybercrime is a vital part for social, cultural and security aspect of a country.

The role and usage of the internet is increasing worldwide rapidly. It has increased the
convenience of the consumer as everything can be done staying at home; however, it
has also increased the convenience of cybercriminals to access any data and information
which people intentionally and unintentionally provide on the internet and otherwise. So,
along with proper legislation to protect and prevent cybercrimes, it is necessary that
people are made aware and educated regarding cybercrimes.

Nevertheless, even though internet users let out their personal data easily, it still remains
the responsibility of the State to protect the interests of its people. It has been
recently found that big companies like Facebook use personal information and data of its
users and use this information to influence the political views of people. This is a serious
threat to both individual’s privacy and the Nation’s interests. With the introduction of
the I.T. Act, 2000, the issue of crimes in Cyberspace in India has been addressed very
smartly, yet, the proper implementation of the Act is still lacking. The need for efficient
cyber laws is very evident, considering the current scenario, but individuals should also be
aware of such threats while surfing the internet.

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Bibliography
o www.cyberralegalservices.com
o Cybercrime.org.za/definition
o ipleaders.com
o indiankanoon.org
o legalservicesindia.com
o infosecawareness.in/cyber-laws-of-india
o Information Technology Act, 2000 Bare act
o Indian Penal Code, 1860 Bare act
o Professor S.T. Viswanathan: The Indian Cyber Laws with Cyber Glossary

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