Inter-Relationship between Crime and Technology: Role of Policy and Law in preventing

Cyber Crimes

Inter-Relationship between Crime and Technology: Role of

Policy and Law in preventing Cyber Crimes
Law & Information Technology Assignment
Submitted by:
Name: MOHD AQIB
Student ID: 20177556
B.A. LL.B. (IX Semester) (Self-Finance)
Faculty of Law, Jamia Millia Islamia

Submitted to:
Dr. Ghulam Yazdani,
Associate Professor
(Faculty of Law, Jamia Millia Islamia, New Delhi)
{DATE OF SUBMISSION- (25.11.2020}

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Inter-Relationship between Crime and Technology: Role of Policy and Law in preventing
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ACKNOWLEDGMENT

Firstly, I would like to express my profound sense of gratitude towards the

almighty “ALLAH” for providing me with the authentic circumstances which were
mandatory for the completion of my assignment.

I take this opportunity to express my profound gratitude and deep regards to my

Professor Dr. Ghulam Yazdani, for his exemplary guidance, monitoring and
constant encouragement throughout the course of this assignment. The blessing,
help and guidance given by his time to time shall carry me a long way in the
journey of life on which I am about to embark.

I also take this opportunity to express a deep sense of gratitude to my friends for
cordial support, valuable information and guidance, which helped me in
completing this task through exhaustive research.

Thanking You

MOHD AQIB

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Table of Contents
PAGE NO.
1. Introduction............................................................................................. 5-6

2. Crime and Technology............................................................................ 7-9

3. Cyber Crimes in India….......................................................................... 9

4. Types of Cyber Crimes… ....................................................................... 10-13

5. Role of Government Policy in Preventing Cyber Crimes ......................... 13-18

6. Case Study .............................................................................................. 18

7. Cyber Laws in India ................................................................................. 19-21

8. Conclusion ...............................................................................................22

9. Best ways to prevent cyber crime .............................................................23-24

10. Bibliography .............................................................................................. 25

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Inter-Relationship between Crime and Technology: Role of Policy and Law in preventing
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Abstract

Internet is a global network of connected computer networks that use the standard Internet
Protocol Suite (TCP / IP) to serve billions of users worldwide. The Internet has many sources of
information and services, such as hypertext linked in the middle World Wide Web (WWW)
documents and email support infrastructure. Online and WWW, anywhere a person can access
information at anytime and anywhere but the data available online may be transmitted to a third
party in a hacking, lure, etc. damaging the computer and information stored on the computer or
available online. This kind of thing happened called cyber crime. Cyber crime often involves
cybercrime or cyber bullying material such as files, web pages or software. This paper focuses
entirely on the issue of cyber crime, trends and the problem it faces Indian users and how to
reduce cyber crime by creating effective cyber laws in India. This paper includes as well Indian
cyber crime statistics, cyber crime cells across India and many more recent news. Agencies at the
national level can improve security guidelines and policy to protect and protect cyber criminals
from cybercrime.

Keywords: WWW, cyber world, cyber crime, hacking, cyber laws.

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1. Introduction

The Internet is a global network of connected computer networks that has undergone a
transformation in almost every aspect of human life. Internet technology and the construction of
cyberspace have taken society to the next level of evolution. An integrated aspect of public
emergence has been the development and use of technology and related resources. The rapid
development of the Internet has allowed all industries to deliver their services online. The
Internet allows legitimate companies and criminal businesses to expand their operations
worldwide. The United States accounts for about one third of the world's computer ownership.
Studies show that more men than women use the Internet, even though that gap is closed. The
Internet offers a wide range of resources and resources that are just a click away; the earth is
literally in our hands. It has allowed for greater flexibility in working hours and space, improved
global trade, provided educational materials at all levels from preschool to postgraduate
medicine, provided another way to discover new endeavors and create love, and make
collaborative work much easier to share ideas quickly. While cybercrime is nothing new,
computers have always proven to be very lucrative victims; the importance of the Internet
requires a change in our understanding of security, risks, and threats (Singhal, Tandan, & Miri,
2013). Increased communication not only increases the number of potential victims of
cybercrime, but also increases the number of potential victims (Grabosky, 2000).

The Internet has no basic control over the use of technology or access and use policies; each
network sets its own standards. It has no local or political boundaries, and can be accessed from
anywhere in the world from most devices. The Internet is not without its dangers and problems.
Growth of

The Internet is accompanied by a recent increase in system crashes - unsafe sites that can
threaten computer security. Technological advancement has long been used to benefit criminals.
This has led to the creation of a multidisciplinary criminal field that includes researchers from a
variety of fields such as crime, harassment, social sciences, Internet science and computer
science (Jaishankar, 2010). Another different word used by some experts is common crime.
Cyber crime is often associated with cyber-forensics. Cyber-forensics only works for the
investigation of cyber crimes, and cyber crimes deal with cyber crimes. It is a field that is slowly

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emerging from a niche area that is often set aside for common crime to one of the most
important.

Traditional cyber crime is a global crime but involves technologies such as the theft of a
powerful computer or mobile phone from the Internet. True cyber crime is a crime that can only
be committed in the physical world, such as the crime of stealing sensitive information and social
engineering. Many human cases are now being assisted, developed or exploited by the use of
computers and networks, and unimaginable misconduct arises because of the capabilities of
advanced information systems and devices (Hinduja, 2007). Hybrid cyber crimes are cases that
can be committed online or offline, but are aggravated by using computer technologies such as
cyber terrorism and child pornography (Hassan, Lass, & Makinde, 2012). The number of new
technologies, especially cell phones, has increased the likelihood of crime. Cybercrime is a
global problem that costs billions of dollars. Cybercrime has created havoc for individuals,
organizations, and the public sector, resulting in financial ruin, and in some cases, physical and
emotional. Cyber crime, like other forms of crime, can be rampant associated with high levels of
unemployment and difficult economic conditions. Lack of lucrative jobs allows youths to use
their time and knowledge as a platform for their criminal activities. There is still a huge gap
between the rich and the middle class, as many struggle to stabilize their socioeconomic status by
using the quickest possible means. Today, many parents pass judgment on their children and
adopt a deviant attitude toward their children. If this culture is entrenched among younger
generations, most of them will not see a flaw in cyber crime practices (Hassan et al., 2012).

Now comes the term “Cyber Law”. It doesn’t have a fixed definition, but in a simple term we
can defined it as the law that governs the cyberspace. Cyber laws are the laws that govern cyber
area. Cyber Crimes, digital and electronic signatures, data protections and privacies etc are
comprehended by the Cyber Law. The UN’s General Assembly recommended the first IT Act of
India which was based on the “United Nations Model Law on Electronic Commerce.

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2. CRIME AND TECHNOLOGY

When we think about the purpose of technology, what do we usually say about it? Most will tell
you that the whole idea was meant to make our lives easier and better, which is still true in many
ways today. Unfortunately, technology has also allowed people to commit criminal acts in the
privacy of their homes. This is known as cybercrime and can be defined as any cybercrime while
using a computer or other electronic device to harm others. It is important to know that there are
many types of crimes committed online and all cases should be taken very seriously. A few
examples include data theft, credit card fraud, sexual harassment and cyber bullying. This is the
world we live in, it becomes a problem that anyone can cause damage anywhere in the world at
any time.

Technological advancement seems to be a double-edged sword as it has created new crimes and
these same technologies help law enforcement to fight, prevent or apprehend these criminals. For
example, in addition to dealing with crimes such as murder, robbery, rapists are forced to deal
with cybercrime such as cyber-attackers, cybercriminals, online viruses and online cheating are
just a few examples. Ideally this technology could be used to increase the capacity and scope of
law enforcement agencies. For example, technology can be used to prevent crimes of some kind
from happening to criminals who have committed these crimes.

Monitoring videos, fingerprint technology and DNA evidence can also be used in court to help
send to jail and punish these people without relying on mere human witnesses. There were so
many experiences and stories where human memory had a negative impact on certain people
who were unjustly imprisoned. Well, most of these suspects are illegally since being released
from prison with the help of modern technology such as DNA evidence and fingerprint evidence.

Sharing More Information Online

The advent of the internet is the beginning of an increase in cybercrime, which is still the last
tool for criminals to find and identify their prey in today's society. Like the expansion of the
Internet, social media has played a key role in facilitating even the most dangerous of criminals.
Facebook, for example, recently announced that it had crossed two billion monthly active users
on the platform. With such numbers, it is simply a great playground for all professional online
criminals alike.

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The biggest mistake most people make when using social media is that they are doing something
called 'oversharing.' This means that they share more personal information online in a public
place than they should, such as photos of that new TV or fancy sports car they just bought.
People who continue to practice their private life in public have a much higher chance of being
identified because others know what they are doing in their daily lives. The second most
common mistake you can make is by sharing too much information with strangers. Why would
anyone want to share their life and sensitive information with people they have never met or met
before? It's much more common than you might think, which is something to be consider when
accepting all one-friend requests you receive from unknown groups.

Phone and email scams

Back when the home line was the best way to communicate, almost everyone at one time or
another had received a few unsolicited or spam calls. The caller was a smooth speaker who
sought to obtain confidential information, such as bank or social security numbers. This is an
example of a crime of identity theft, and the unfortunate recurrence of this crime has increased
dramatically in the last few years due to the popularity of smartphones. Most of these calls are
operated by machines that use fake phone numbers that are constantly changing, which a process
is known as spoofing.

As with any other field of technical influence it is an inevitable factor in both crime and
opposition to criminal activities. Understandably, it is better to prevent crime than to punish a
person once and for all. But the available technology, which we are equipped with, is used
primarily for crime prevention activities. However right now there is an urgent need for the use
of technology in prevention mashers as well. Because we have enough information about that,
some people in the community are prone to pursue and end criminal activity. Moreover, there
seems to be a clear pattern among people arrested for committing serious crimes.

Fingerprint technology, DNA or bio metric technology, Circuit Television or more commonly
known as CCTV and mobile police car system are used in India for crime prevention activities.
The media also plays an important role in the fight against crime and is a two-pronged weapon
that plays a negative role as well.

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India is a developing nation with a lot of hardships in the event of an economic crisis. When it
comes to costs, it is considered a major obstacle to using technology in the fight against crime.
Lack of skilled people and technical skills, lack of infrastructure, lack of equipment and
technology, training issues are some of the challenges facing the authorities.

As we have identified areas where, the greater care of the authorities is more important now we
must raise public awareness in order to make better use of technology to achieve our goal of
maintaining a low and orderly state.

3. Cyber Crimes in India

As the use of the internet grows, new face of crime is rapidly spreading from man-made crime to
anonymous and innocent crime including computers. Cyber crime encompasses all unauthorized
access to information and violates security such as privacy, password, etc. and internet usage.
Cyber crime includes cybercrime such as virus attacks, financial crime; trafficking in
pornography, pornography, online gambling, email spam, identity theft, unauthorized access to
computer software, and theft of information contained in electronic form, email explosion,
physical damaging the computer system, etc.

At the 10th United Nations Convention on the Elimination of All Forms of Crime and
Corruption on computer networks, cyber crime is divided into two categories and defined as:

a. Cruel cybercrime (cybercrime): Any illegal conduct directed at the intended electronic use
security of computer systems and information processed by them.

b. Cyber crime in a broad sense (computer-related crime): Any illegal activity committed, or in
connection with, a computer or network system, including crimes such as trespassing and
providing or disseminating information through a a computer program or network.

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4. Types of Cyber crimes

The following are a few examples of cyber crime:

 Cyber tracking: Online cyber bullying and cyber bullying are all under track. It usually
involves harassment or threats behavior that a person behaves over and over again, such
as following a person, appearing in a person's home or place business, making abusive
phone calls, leaving text messages or items, or destroying personal property. Cyber
stalking sharing key features through offline tracking; many stalkers (online or offline)
are motivated by the desire to control their victims. A major consequence of cyber
bullying is the victim who protects his or her friends, family and community jobs.
 Intellectual Property Crimes: Intellectual Property contains intellectual property rights.
Any illegal act by the owner is not deprivation of her rights in whole or in part is a
crime. The most common form of IPR infringement can be called software theft,
copyright infringement, trademark, copyright, make-up and breach of service, theft of
computer source code, etc.
 Bot Networks: A bot net name made up of two words robot and network. Cyber crime
called 'Bot Networks', where hackers control remote computers using malware software.
Computers can be bot neted there they make malicious software. The bot net developer
can control the group remotely.
 Virus Transmission: Viruses are programs that attach to a computer or file and transmit
it to others other files and other computers on the network. They often affect data on a
computer, by modifying or deleting it. Worm infestation plays a major role in affecting
the human computer system.
 Hacking: In general words hacking means looking for and exploiting the vulnerabilities
and security of a computer system or a computer network for unauthorized access. A
person who commits fraud is known as a hacker. Hacker uses computer technology and
a tool or hacking document for any computer program.
 Internet Theft: Basically, Internet time theft comes under hacking. Unauthorized use of,
of Internet hours paid for by someone else. The person receiving access to the ISP user
ID and password or by hacking or gaining access to it illegally, it uses it to access the
Internet without the knowledge of another person.

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 Cracking: It is a horrible feeling to know that a stranger has accessed a user's computer
programs without the user's knowledge and accessing and infringing on sensitive
personal information and information. Cracker is different from hacker because hackers
are hired by companies to research network security or spy software but fraudsters do
the same job for their own benefit or to harm others.
 Fraudulent identity theft: Fraud theft refers to access to information such as usernames,
passwords, credit card details, personal information, etc. electronic communication.
Phishing scams often use fake emails or fake messages that contain a virus / malware
link Fake websites are infected. These ask the user to enter their details.
 Verbal identity theft: This term is a combination of "voice" and identity theft. Voice
attraction is used for private access, personal and financial information from the public.
Stealing voice information uses a landline to access information.
 Carding: Means fake ATM cards i.e. Debit and Credit cards used by criminals to get
their cash benefit through withdraw money from the victim's bank account.
 E-Mail / SMS Spoofing: E-mail / SMS with incense can be said to be solitary,
misrepresenting its origin. It shows that it is the root the variation where it actually
comes from. Here the offender steals the identity of another through email address,
mobile phone number etc. and send a message online.
 Cross-site Scripting: Cross-site scripting (XSS) is a type of computer security risk. By
attacker crossing the site may exceed the pre-defined access permissions of the website.
Displayed XSS is the most common type of XSS attack. It's manifested XSS attacks are
also known as endless XSS. Writing languages such as java script, VBScript etc are used
for display XSS Attack.
 Cyber Extinction: Snatching the act of living in an abandoned or uninhabited area. The
cyber squatting act of to register a popular domain name and sell it to the needy at a
higher cost. It means when two people are arguing over the same thing Domain Name or
by demanding that they first register a name with the first-hand usage or use something
similar to that before.
 Child Pornography: Includes the use of computer networks to create, distribute, or
access sexually explicit material children under the age of. Children's pornography is

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divided into child pornography and sexually explicit material by direct involvement of
the child (also known as child pornography).
 Vandal Cyber destruction: To destroy property means to damage or damage another's
property. So cyber-destruction means destruction or to damage data when a network
service is suspended or interrupted. Can include within its view any type of personal
computer damage.
 Cyber Trespass: Means access to another person's computer without proper owner's
permission and without interruption, modify, misuse, or damage data or system using a
wireless internet connection.
 Cyber Trafficking: Can be the smuggling of drugs, people, weapons and other things
that affect a large number of people. Internet trafficking is also a serious crime.
 Crime Cyber Crime and Social Networking: Cyber criminals use social media not only
to commit crimes online, but also to carry to unleash the real crime of the world as a
result of “excessive sharing” on these social media platforms. Risks associated with our
identity. Ownership Theft can happen to anyone who reveals the most confidential
information online on various social networking sites. Go know security and privacy
settings, and be prepared to protect yourself from identity theft.

Current Methods of Cyber Crime in India

In the case of cybercrime, large quantities of suitable stones may appear with increasing time
spent online, as well as the use of online services such as banking, purchasing and sharing files
make users more vulnerable to crime by stealing sensitive information or fraud. Great cyber
reported crimes in India denying web services, hacking websites, computer viruses and worms,
pornography, cyber hacking, cyber fraud and the theft of sensitive information. About 69 percent
of data theft is committed by current and former employees and 31 percent percent are hackers.
India must go a long way in protecting important data.

According to a report by Syantantec's (American Global Computer Security Software

Corporation) report on cyber security threats (volume 18) on April 29, 2013, India saw a 280
percent increase in bot infections that continues to spread to a large number of emerging cities in
India. India has the highest number of spam or 280 million junk mail per day all around the
world. Indian home PC owners are the most targeted sector of cyber attacks. Mumbai and Delhi

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appear as the top two cities of cyber crime Cyber Crime Incidence (IT Act + IPC Sections)
increased by 57.1% in 2012 compared to 2011 (from 2,213 in 2011 to 2011). 3,477 in 2012).
Cyber Fraud was 46.9% (282 out of 601) and Cyber Forgery was 43.1% (259 out of 601 in total)
were major crimes under the IPC category of Cyber Crimes. 61.0% of IT offenders were in the
18-30 age group (928 out of 1,522) and 45.2% of IPC offenders were also in the 18-30 age group
(248 out of 549).

According to India's Ministry of Communications and Information, about 78 government

websites have been hacked as well 16,035 security incidents related to scanning, spam, malware
infection, denial of service and system hacking included Public Works, Defense and the public
sector were reported until June, 2013. Number of incidents of security breaches they stood at
13,301 in 2011 and 22,060 in 2012. According to the Indian Computer Response Team (CERT-
In) the total number is 308, 371 and 78 government websites hacked during 2011, 2012 and 2013
(up to June).

5. Role of the Government Policy in preventing cyber crime

The following is the policy of the Government of India regarding this policy:

Security, Compliance and Assurance Policy - Legal Framework

- National Cyber Security Policy (NCSP) 2013

- IT Act, 2000

- IT Bill (Amendment), 2006 - Data protection and cybercrime

- Good Practice ISO 27001

- Security Verification Framework - IT / ITES / BPO Companies

- Security Incident - First Warning and Response

- CERT-In National Cyber Alert Program

- Data Exchange with CERTs abroad

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Capacity building

- Skills and skills development

- Training of law enforcement agencies and judicial officers in collection and analysis of digital
evidence

- Training in place to use information security in collaborating with specialized organizations in

the US

The Indian government has designated Militarization of Space and Cyber Security as one of the
five medium-term threats / challenges our country faces. Specter of nuclear proliferation and
cyber terrorism and their interactions with the rest of the world terrorism also represents India's
security problems which are solutions must rely on international co-operation. “The apparent
stability of nuclear balance and the search for new military facilities may be possible enabled
other provinces to move forward with the use of local weapons. India, too for now the capacity
of the limited space, will face a major challenge in protecting its internal assets in litigation case.
Similarly, cyber space will be a major challenge going forward— both security and economy”
India on its way to growth is in danger. It is found in an unstable region where it is larger
neighbors have this category, it makes sense to think that the world is inferior great threat and
constant attacks. The impact on national security is thus also critical in such a way that all
institutions and organs of state must work together to combat this challenge. The Government of
India has recently taken several steps to ensure greater focus these problems within the country.
It recently announced the National Cyber Security Policy 2013 with the aim of addressing the
cyber security domain in a comprehensive manner from a national perspective. The main
purpose of the policy is to create cyber space it is safe and secure for citizens, businesses, and
governments. The policy thinks so the establishment of national and sectoral measures to ensure
cyber security with the establishment of a National Security Information Security Infrastructure
Institute (NCIIPC). The Computer Emergency Response Team (CERT-In) will function as a
royal agency to coordinate all cyber security and disaster recovery efforts. It it will also function
as an integrated integration and implementation organization sector CERTs in specific domains
in the country.

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Despite efforts are being made to create a workable policy framework to address it cyber security
in the country, there are areas where there are major challenges. Management is a specific
condition. The world has set a different precedent ICT infrastructure for global content networks
(SWANs) and state data centers (SDCs) in each region and union area. Standard Service
Institutions (CSCs), run by local private-level entrepreneurs (VLEs) operate as before the
delivery of these services in rural areas. Currently, more than 100,000 CSCs applies nationwide.
Recently, the mobile phone administration has been used to deliver all government services to
the mobile platform. National Governance The program is an advanced e management system
that includes 31 Mission Modest Projects (MMPs) cover a large number of public services as
well both departments at national and government levels. During its last seven years
implementation, NeGP achieved significant success with 23 out of 31 projects that deliver
services electronically to citizens and businesses. Although the National E-Governance (NeGP)
Program has been successful, it ensures cyber security remains a major challenge as it involves
protecting important ICT infrastructure such as SWANs, SDCs and the use of the various
departments in which they operate. Although scheme guidelines have been issued and a number
of provinces have been implemented important efforts to protect their cyber assets, there is a
need for complete integration cyber security policy in e-management and to ensure uniformity of
this national implementation. Application level security is another important factor an
environment where much effort is required.

Developing a national cyber security strategy is the first step in innovation National cyber
security system. The national policy framework must explain the importance of cyber security;
help participants understand their role, and set goals for themselves and priorities. The national
strategy should cover the basics of security (e.g. awareness) and emphasizing inter-national
relations participants. The national strategy can also serve as a platform for the construction of
laws relating to areas such as cybercrime, intellectual protection property, and privacy. The goals
the nation identifies and promotes through its actions.

A strategy to align the system with a consistent vision and to establish a clear direction of system
attempts. The strategy should include sufficient details for approval stakeholders - including the
National CSIRT - understand the stated goals as well monitor their progress in achieving.

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Finally, a national strategy should aligning the need for security with the rights of citizens, as
well as national standards and procedures.

The National CSIRT must deliberately comply with national cyber security strategic goals to
ensure that its work contributes to the benefits. While establishing a national strategy is the first
step, doing so may not always be possible. Getting a large number of participants to agree on a
plan can be difficult.

Alternatively, world leaders can judge the need to create an event Power management is more
pressing than building a fully integrated strategy. In in these cases, creating an effective strategy
may be possible in line with construction the power to manage events. No matter, the National
CSIRT sponsors either. The facilitator should work with government to address national needs
and priorities throughout the process of building a National CSIRT.

India's cyber security method has so far been unused and illegal. Number of organizations were
created but their exact roles were not defined again unity was formed between them. As it passes
the mainland, this falls within the NSCS constitution. However, there seems to be no institution
building in policy making. The private sector or government has never existed able to build
information systems that can be described as strong forces. There it has always been insufficient
to consider the consequences of cyber warfare.

Meanwhile, many countries are taking responsibility for their cyber security doctrines and
strategies. US, Russia, UK, France, Australia, Germany, New Zealand, South Korea, China,
Brazil, South Africa, Denmark, Sweden, EU, Singapore, Malaysia - the list is long and growing -
are involved in verification a safe and secure place for the cyber of their citizens. The
international community is and holds various discussions.

NATO has taken on the task of building cyber security centers in member states. A group of
government experts (GGE), established by the UN Secretary-General, has offered 2010 report
“on developments in the field of ICT in the international context safety”. The report said there
was growing evidence that the provinces were developing ICTs “as instruments of war and
intelligence, and politics objectives ”. To address the challenges on the Internet, GGE
recommended collaboration between equal partners, between countries, between countries, and
between countries as well civil society organizations and the private sector.

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The countries with the strongest cyber forces are the US, China, Russia, the UK and Israel. In the
near future there is no doubt that countries do that don't invest in IT protection it will be [or
already] a simple crime attack elements. Compared to our Chinese business neighbor, Indian
figures pales. According to the National Security Council, China, with its 1.25 lakh Cyber
security experts, is a potential challenge to India's cyber security. In a disgraceful difference,
India has only 556 cyber security experts. At stake, obviously, is India US $ 2.1 trillion GDP,
power grids, telecommunications, air traffic control, the banking system and all computer-based
businesses.

The cyber security readiness of India and China is an amazing lesson in contrast. India is a nation
empowered by technological know-how while China is at war with it language impairment.
India, with over 243 million internet users, has recorded it with its digital presence management,
economics and daily life at an industrial level without paying enough attention to protecting the
digital installation system. In the digital age, national security is inextricably linked to cyber
security, but even though it is one major provider of cyber workers around India have failed to
find its bandwidth and failed finds the simplest cyber crime, which often leads to serious
consequences.

CYBER SPACE MANAGEMENT: INTRODUCING THE NEED FOR CYBER LAW

When the concept of the Internet was invented and later developed by developers they were
unaware that the Internet will have the power to transform into a beast that can be used several
illegal and unethical activities will eventually need to be regulated. Bangu several disturbing
things happening online from ranging from identity theft and terrorism to him money laundering.
Due to the anonymous nature of the Internet, anyone can join the file on various criminal
activities without punishment. These gray areas being used by people, companies and their
willingness to commit criminal acts online, thus created the need for cyber laws. Therefore,
Cyber Law worries us in our daily lives. As the situation in the Internet changes and this new act
is seen as the greatest instrument ever to emerge in human history, ever Our online work can and
will have a cyber legal view. When we register by email, or when we do train bookings online,
we do electronic trading transactions, start a bank account, withdraw money from an ATM
counter or pay off electricity bills, at every point of time, every day there are various Cyber Law
issues involved. We may not be that way we are concerned about these issues and we may think

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that these laws are too far away from us and are possible have no effect on Cyber operations. But
soon, a certain process may fail to deliver the answer, which could eventually be lost, and we
will be forced to recognize our own Cyber law profit.

6. Status of Cyber Crime in India (Few Case Studies)

(I) NSP Bank Case

In this case, the bank clerk promised marriage. The couple used to exchange many emails using
company computers. After a while they had broken up their marriage and the young woman
created fake email ids such as "Indian law firms" and sent emails to foreign male clients. You
used a bank computer to do this. The boys' company lost a lot of customers and took the bank to
court. The bank is charged with emails sent using the banking system

(II) Case of Parliamentary Attack

The Bureau of Police Research and Development, Hyderabad was handling the case. A laptop
was found in a terrorist attack on Parliament. A laptop computer detained by the two terrorists,
shot dead on December 13, 2001 during a parliamentary siege, was sent to the Computer
Forensics Division of BPRD. The laptop computer had a lot of evidence confirming the
intentions of the two terrorists, especially the Home Affairs sticker they made on a laptop and
pasted them into their car urging them to enter Parliament House and for false IDs that one of the
two terrorists was carrying the Indian Government logo. The symbols (of 3 lions) are carefully
scanned and in addition the symbol is cleverly constructed with the residential address of Jammu
and Kashmir. However careful discovery proved that everything was fake and done on a laptop.

(III) Andhra Pradesh Tax Case

The owner of a plastic factory in Andhra Pradesh was arrested with Rs. The 22-year-old was
found in his home by the Department of Intelligence. They were looking for evidence of his
innocence. The suspect filed 6,000 vouchers to prove the legitimacy of the business, but a closer
look at the vouchers and content on his computers revealed that everything was done after the
raid. It was hidden that the suspect owned 5 businesses under 1 company and used fake vouchers
and computers to show sales and tax records. Thus suspicious businessman's tactics from the
government were unveiled while departmental officials found computers used by the suspect.

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7. Cyber Laws in India

Cyber law was the first step taken by GOVERNMENT to curb cybercrime. According to Indian
law cyber crime must be voluntary as well intentionally, an act or omission that adversely affects
a person or property. Cyber law includes cybercrime laws, Electronic an d Digital Signatures,
Intellectual Property, Data Protection and Privacy. The Indian parliament has passed for the first
time “Information Technology Act, 2000” 17 October 2000 to deal with cybercrime in the field
of e-commerce, governance, banking and fines and penalties. The Information Technology (IT)
Act, 2000, specifies the actions that have been taken punishment has been carried out. October
17, 2000 Technical Laws (Assurance Authorities), 2000 and Cyber Law Complaints Rules of the
Tribunal (Procedure), 2000 came into force. March 17, 2003, Information Technology
(Qualification and Experience of Judicial Judges and How to Conduct an Inquiry) Laws, 2003
were passed. The Information Technology (Security Procedure) Regulations, 2004 came into
effect on 29 October 2004. It sets out digital security issues. secure electronic signatures and
records. An important directive regarding the ban on websites was passed on February 27, 2003.
According to this, the Computer Emergency Response Team (CERT-IND) can direct the
Department of Communications (DOT) blocking a website.

The Indian Penal Code (as amended by the IT Act) punishes many cyber crimes. This includes
electronic record fraud, cyber fraud, erosion of electronic evidence etc. Digital evidence must be
collected and certified in court as per the terms of Indian Evidence Law (as amended by the IT
Act). In the case of bank records, the provisions of the Bankers ’Book Evidence Act (as amended
by the IT Act) are appropriate. Investigations and prosecutions of cybercrime cases are
conducted in accordance with the terms of the Code of Criminal Procedure and the IT Act. The
Reserve Bank of India Act has also been amended by the IT Act. Computer system damage In
terms of Section: 43 of the 'Information Technology Act, 2000' any person who commits any act
of vandalism, removal, alteration and disturbance or causes malware of any computer with the
intent to corrupt all computer system data other than the permission of the computer owner, will
be punished. According to Section: 43A inserted by ‘Information Technology (Amendment) Act,
2008 ’where a business body holds and protects personal data as provided central government, if
there is an act of negligence or failure to protect the data / information then the business entity
will be you are responsible for paying compensation to the person affected as such. Section 66

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deals with ‘computer hacking’ and provides for this imprisonment for up to three years or a fine,
which can last for two years or both.

INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008-

The changes introduced by The Information Technology (Amendment) Act, 2008 introduce eight
new cyber cases:

 Sending obscene messages electronically or electronically (Section 66A),

 Receiving stolen computer hardware or communication device (Section 66B)
 Punishment for identity theft (Section 66C)
 Punishment for plagiarism using a computer program (Section 66D)
 Punishment for violating privacy or video voyeurism (Section 66E)
 Cyber terrorism (Section 66F)
 Electronic publishing or posting of sexually explicit material (Section 67A),
 Child pornography (Section 67B)

Data security and privacy: IT AA, 2008 incorporates data-related provisions basic
security and privacy in Sections 43, 43 A, 66E and 72A.

The IT Act of 2008 introduces many different changes to existing Cyber legislation. While
lawmakers should be added to their commendable work of removing various ones shortcomings
in Indian Cyber law and making it politically neutral, but it seems to be the case there has been a
significant difference between national expectations and the subsequent outcome of amended
law. The most bizarre and surprising feature of the new amendments is that these amendments
seek to make Indian cyber law a law of cyber friendship; a a law that goes too soft on cyber
criminals, with a soft heart; the law states prefers to encourage cyber criminals by reducing the
number of penalties imposed on them under existing law; a law that prefers to give more
freedom to cyber criminals there are rules in place; a law that paves the way for cyber criminals
clear electronic channels and electronic evidence by granting them bail the issue of right; a law
that makes most of cyber cases prescribed under IT Act as found cases; a law that could pave the
way for India to become powerful the capital of cyber crime in the world.

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Cyber Crime Cells in India

To resolve cyber crime cases, Indian police have developed cells to investigate cyber crime
throughout India. These are cells of cyber crime investigates cases related to hacking, virus
transmission, pornography, account fraud, data transfer, software fraud, fraudulent Web site
fraud, counterfeit printing, fraudulent visas, intellectual property theft, email spam making,
access restriction, password theft, cell phone and palm crime, cyber terrorism etc.

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8. CONCLUSION

Now the criminals have changed their ways and have begun to use high-tech technology. To deal
with them in the public, law enforcement and jurisdictional authorities will have to change. All
cyber crimes are based on ignorance. This is the job of the Government, which prints the media
to educate unsuspecting people about the dangerous areas of the cyber world because it prevents
better than cure. Cyber Space Security Management is already an important part of national
security Administration, Military Security Management, Scientific Security Management and
Intelligence Management worldwide. The rise and fall of new technologies has begun to star the
use of many cyber cases in recent years. Cybercrime has become a major threat to humanity. The
prevention of cybercrime is an important part of the social, cultural and security sector in the
country. The Government of India enacted IT Act, 2000 to deal with cyber crime. The Act also
reviewed the IPC, 1860, the IEA (Indian Evidence Act), 1872, the Banker's Books Evidence Act
1891 and the Reserve Bank of India Act, 1934. Any part of the cyber crime in the world may be
restricted. Of countries in addition to the law the internet creates both technical and legal
difficulties to investigate and prosecute these cases. International efforts to coordinate
international cooperation, cooperation and cooperation are needed to address cybercrime.

Our main purpose in writing this paper is to spread the content of cyber crime to ordinary people.
At the end of this paper "A Brief Lesson on Cyber Crime and Cyber Law's of India demands that
cyber crime will never be detected. If anyone is a victim of a cyber attack, please come forward
and report the case to your nearest police station. If the criminals are not punished for their
actions, they will never stop.

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9. Best ways to prevent cyber crime:

Below are safety guidelines and best practices that can be followed to reduce cybercrime security
risks:

 Computer update: To avoid cyber attacks, regularly update the operating system and
computer antivirus. While Keeping a computer up to date will not protect the user from
all attacks, making it more difficult for hackers to access computer system, prevents
many basic and automatic attacks completely etc.
 By choosing strong passwords: Passwords are for online identity. Always choose a
password with a minimum value eight characters and use a combination of letters,
numbers, and symbols (e.g. # $% !?). Avoid using a simple password such as name, city
name etc. use words that are not in the dictionary. Keep passwords in a safe place and do
not use the same password across internet app. Change passwords regularly, at least
every 90 days.
 Protecting Computer with Security Software: Security software usually includes
firewalls and antivirus programs. A the firewall controls who and what can communicate
with a computer online. Antivirus software monitors all online activities and protects the
computer from viruses, worms, Trojan horses, and other malicious programs. Virus and
antispyware software must be configured to update itself, and it must do so every time
you connect to the Internet.
 Shield personal information: To take advantage of many online services, users will need
to provide their own information to handle billing and shipping of purchased goods. The
following list contains tips on how to share your online security information:
-Phishing scams often tell you what to do immediately to keep your account open,
security updates, or else something bad will happen it happened. Do not answer them.
- Do not respond to email messages requesting personal information. True companies
will not use email messages to inquire with personal information.
- When visiting a website, type a URL directly into a Web browser instead of following
the link within the email or instantly message.
- Save email address from unwanted emails.

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 Online offers that look good to be true are usually: Free software or requested
service may be included advertising materials that track behavior and display
unwanted ads. Be careful while downloading free stuff.
 Update bank statements and credit card statements regularly: The impact of
identity theft and cybercrime can be greatly reduced if the user can retrieve it
immediately after his or her data is stolen or when the user receives the tokens.
Always check your bank and credit card statements. Now, many banks and
services are using fraud prevention methods that call for unconventional
shopping habits.
 Be Social-Media Savvy: Make sure social media profiles (e.g. Facebook, Twitter,
etc.) are set to private. Check security settings have multiple intervals. Be careful
what information you post online.
 Protect Mobile Devices: Be aware that mobile devices are vulnerable to viruses
and hackers. Download applications from reliable sources.
 Network Secure wireless network: Wi-Fi (wireless) networks are vulnerable to
access if not secure.
 Update and change the default settings. Avoid using public Wi-Fi locations.

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9. BIBLIOGRAPHY

o Crime in India: 2011-Compendium (2012), National Crime Records Bureau, Ministry of

Home Affairs, Government of India, New Delhi, India.
o Cyber Law & Information Technology (2011) by Talwant Singh, Additional District &
Sessions Judge, New Delhi, India.
o Introduction to Indian Cyber Law (2008) by Rohas Nagpal, Asian School of Cyber Laws,
Pune, India
o Cyber Crime (2003) by R.K. Suri and T.N. Chhabra, Pentagon Press, New Delhi, India.

WEBSITES REFERENCES:

1. http://www.asianlaws.org/library/cyber-laws/intro-indian-cyber-law

2. http://gilc.org/privacy/survey/intro.html

3. http://www.cyberlaws.net/article.html

4. http://conventions.coe.int/treaty/en/reports/html/185.html

5. http://cyberlawsconsultingcentre.com/regulating-the-cyberspace.html.

6. http://www.cyberlawdb.com/main/india.

7. http://www.cyberlawsindia.net/cyber-india.html

8. http://www.symantec.com/en/in/about/news/release/article.jsp?prid=20130428_01

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