February 18, 2022

Cyber Crimes and Cyber Laws in India: An Overview

_Abstract: Indian Cyber ​​Law -Simply put, cybercrime is an illegal activity where the computer is a tool, a target, or both. Cybercrime can include traditional criminal acts such as theft, fraud, counterfeiting, defamation, and mischief, all of which are governed by Indian criminal law. Computer abuse also caused many New Age crimes that fall under the Information Technology Act of 2000. Cybercrime can be categorized in two ways. Target computer: Use the computer to attack other computers. Examples: hacks, virus / worm attacks, DOS attacks, etc. Computer as a Weapon: Use your computer to commit crimes in the real world. Examples: cyber terrorism, intellectual property infringement, credit card fraud, EFT fraud, pornography, etc. Cyber ​​law (also known as cyber law) is a term used to address legal issues related to the use of communication technology. Especially “Cyberspace” treats. “”, I’m H. the Internet. This is not an independent law like property or contract, but a crossroads of many laws such as intellectual property, data protection, freedom of expression and jurisdiction.

In essence. Cyber ​​law is an attempt to integrate the challenges of human activity on the Internet into the existing real legal system. Introduction: A computer can be defined as a machine that stores and processes user-directed information. Cyberspace, Internet has made the flow of data and information between different networks easier and more effective. Internet technology is used for a variety of purposes, from online commerce to online transactions. Most computer users have been using computers for decades for personal and other purposes. As a result, this issue has become a major issue for administrators.

This leads to “cybercrime”. Therefore, cybercrime can be defined as a crime that is committed using a computer or computer network and usually occurs in cyberspace, especially the Internet. Simply put, cybercrime is a crime committed using electronic communications or information systems. Cybercriminals can use the device to access and disable sensitive and governmental personal information. Selling personal Data or information without the consent of the owner is also considered a cybercrime. Criminals involved in such activities are often referred to as hackers.

Therefore, cybercrime is also called electronic crime or crime, computer crime, high-tech crime, digital crime, and crime of the new era. Today, cybercrime is causing havoc to individuals, organizations, and even governments. Several laws and practices have been introduced to prevent cybercrime. Cyber ​​law was introduced in India in to cover that part of the legal system dealing with cyberspace, legal issues, online security and online privacy. In other words, cyber law manages cybercrime, digital and digital signatures, data protection, cyberspace privacy and can be defined as a law that falls under cyber law. In 2000, the UN General Assembly recommended India’s first Information Technology (IT) Act . This law was passed in accordance with the United Nations Commission on International Trade Law (UNCITRAL).

Objectives: This qualitative research paper was created for three main objectives: To disseminate knowledge about cyberspace, especially unauthorized access to other new networks on the Internet, and criminal activity such as crime / fraud. ii. Raise public awareness of the cyber law introduced to stop cybercrime and punish cybercriminals. In case of iii. We propose preventive measures other than cyber law to ensure the safety of users in cyberspace. Cybercrime What is Cybercrime? Sasman and Houston first proposed the term “cybercrime” in In 1995. There is no single definition of cybercrime. This is considered a Collection of serious criminal or tactical acts, or a Law containing computer data and systems.

By definition, cybercrime is “a criminal act committed using a computer or other form of electronic communication” (Anderson & Gardener, 2015). Simply put, the penalties under the Information Technology (IT) Act of 2000 are called “cybercrime”. In India, the IT Act 2000 deals with cybercrime. In 2008, some changes were made to this law. It was enacted by the Information Technology Act (IT) of 2008. This law covers a wide variety of areas, including information systems including all devices and / or the Internet and / or more. Crackers and crackers:

i. Hackers: In accordance with Section 66A of the Information Technology (IT) Act 2000, destroy, delete, or modify any person contained or contained therein for the purpose of causing illegal loss or harm to the public. profit. A computing resource or its hacker is a devalued hacker, a hacker that has lost its usefulness, or a hacker that is somehow harmful.

ii. Crackers: According to the terminology dictionary, the term “crackers” is used to distinguish between “good” hackers and hackers who maliciously harm the targeted computer. In other words, a “cracker” is defined as a criminal hacker who maliciously breaks into your computer, steals information on your secure computer, and breaks into your network for personal or political reasons. ..

Cybercrime Classification: Information Technology is used in criminal activity around the world today. Such crimes can be committed against governments, individuals, and institutions. There are many types of cybercrime in India and around the world. The most common types of cybercrime are: Hacking: Refers to a rogue hack of on another computer system. This is the most dangerous and widespread cybercrime. Hackers can break into your computer system and steal valuable information called data from your system without your permission.

Hacking can be performed for a variety of purposes, including data theft, fraud, data corruption, and computer system corruption for personal gain. Therefore, hackers can manipulate the data and inadvertently duplicate the IP address. According to a survey by the SANS Institute (2004), there are three different types of hackers.

• White Hackers: These are ethical guardians who use their piracy skills for good reason and do not harm your computer system. There are black hat and gray hat hackers

• Malicious software – Internet-based software or programs that can be used to access systems, steal sensitive information or data, or disrupt computer systems. I can do it.

• Domain hijacking: Refers to that changes the registration of domain name without the consent of the original registrant. Cyberstalking: A criminal act that systematically harasses or threatens people who use the Internet. The deliberate act of cyberstalker through 4,444 online media such as e-mail, social media and chat rooms can actually scare, intimidate or harass victims. Most of them are female. After the revision of TI Law in 2008, cyberbullying cases were prosecuted under Article 66A of the Law and the perpetrators were prosecuted. You may be sentenced to up to 3 years in prison and a fine of 4,444.

• Cyberbullying: According to the Oxford Dictionary, cyberbullying can be defined as “generally an electronic communication resulting from harassment by sending threatening or threatening messages.” Intimidation “. This happens when a child, including a teenager, is exploited, intimidated, harassed, humiliated, or attacked by another child using digital technology. Cyberbullying can lead to cyberbullying. As mobile phone usage increases, parents need to be aware of their children’s mood swings. Join more online activity to protect yourself from cyber attacks. Cyber ​​Theft-Another form of cybercrime used by cybercriminals to steal information and money from remote locations using computers and the Internet. This includes several types of crime, including:

• Personal Information Theft: A scam committed by someone who creates information on the Internet to steal money from bank accounts, credit cards, debit cards, etc. It is licensed under Section 66C of the IT Act of 2008.

• Phishing – This is another very common cybercrime that hackers use to steal personal information such as passwords, usernames, bank account numbers, credit card details and more. This is usually done with the help of email spoofing.

• Counterfeiting: Includes the creation of documents, signatures, banknotes, tax stamps, etc. e-mail. When the victim opens the link, they will see a new page with the message that they will click another link. Clicking the link redirects the victim to the fake page .

• Cyber ​​embezzlement: This type of crime is committed by an employer who already has legal access to the company’s computer system. Workers can commit such crimes to make more money.

• Corporate Spy: This is a type of crime committed by a person to gain a competitive advantage in the market. As part of this crime, cybercriminals can be inside or outside the company and use the company’s network to steal customer lists, marketing strategies, financial data, corporate secrets, and more.

• Plagiarism: Used to steal someone else’s text and label it as your own text. The problem of theft is increasing day by day as most of the data about is available online and people are increasing their access to the internet and computers. There is special software to detect plagiarism. Vii. Email spoofing: According to Techopedia, email spoofing is a fraudulent use to hide the original address of an email message, even though the for email appears to come from a legitimate source. .. .. Email activity / technology. It’s very common these days. Such tactics are typically used by malicious spammers to access personal banking information or spread the virus.

Under section 463 of the IPC, the practitioner was charged with counterfeiting for committing such a crime. SMS spoofing is also found in today’s world of technology. This allows you to change the name or number of the SMS sender. Cybercrime Prevention: Cybercrime was introduced to stop crimes committed by computer resources and internet technology. “Cyber ​​Law” can be defined as a legal issue related to communication technology, especially “Cyberspace”, the use of the Internet.

This is an attempt to incorporate the challenges of human behavior on the Internet into ‘s existing real-world legal system. This is important because it affects almost every aspect of activity and transactions that take place over the Internet and other communication devices. There are different legal and cyber legal views on our actions in cyberspace, whether we are aware of them or not. Based on the United Nations Commission on International Trade Models (UNCITRAL) in 1996, the Indian Parliament passed the Information Technology Law (IT Law No. 1) in 2000. This law was introduced in India to combat digital or cybercrime and e-commerce. Some of the key points of the 2000 Information Technology Act (IT) are:

• Email has become a valid and legitimate form of communication that allows governments to post notifications on the Internet.

• Communication between 4,444 companies, or between companies and governments, is now possible over the Internet.

• Addressing 4,444 security issues is an important feature of this law. An overview of the concept of digital signatures for verifying an individual’s identity on the Internet. • If the criminal causes loss or damage to the company, the law provides financial relief to the company. Not all aspects of cybercrime have been covered since the Information Technology Act of 2000. The change was made to Rajya Sabha on December 23, 2008, and the law was renamed to Information Technology Act (revised) of 2008 and renamed to ITAA 2008. ITAA 2008 added eight new cyberattacks in the next section.Indian cyber law Why Indian Cyber ​​Law?

When the Internet was developed, the founders of the Internet had little tendency to misuse the Internet for criminal activity and turn it into a total revolution that could require regulation. There have been a lot of worries in cyberspace these days. The anonymity of the Internet allows us to participate in various criminal activities without impunity, and people with intelligence information are terribly abusing this aspect of the Internet to continue their criminal activity in cyberspace. .. Therefore, the need for cyber law in India.

What is the meaning of Cyber ​​law? Cyber ​​law is important because it affects almost every aspect of transactions and activities on the Internet, the World Wide Web, and cyberspace. At first, cyber law is a very technical field and may seem unrelated to most activities in cyberspace. But the truth is that there can be nothing more than the truth. Every action and reaction in cyberspace, whether we are aware of it or not, has several legal and cyber legal perspectives.

Does the Cyber ​​law affect me?

Yes, Cyber ​​law affects you. As the nature of the Internet changes and this new medium is seen as the ultimate medium ever evolved in human history, any of your activities in cyberspace can have a cyber-legal perspective. increase. From registering your domain name, setting up your website, promoting your website, sending and receiving emails, to executing e-commerce transactions on this website, at each point, There are various cyber law issues. You may not be interested in these topics today as they are very far from you and you may feel that they do not affect your cyber activity. But sooner or later you will have to fasten your belt and watch out for Cyberlaw for your own benefit.

Advantages of cyber law

IT Act 2000 aims to change outdated laws and provide a way to deal with cybercrime. We need such a law so that people can make purchase transactions with credit cards over the Internet without fear of abuse. The law provides an urgently necessary legal framework so that information is not denied legal effect, validity, or enforceability based on its electronic records. With the rise in transactions and communications made through electronic records, the law is designed to empower government agencies to accept the submission, creation, and retention of official digital documents. The law also proposes a legal framework for digitally signed electronic record / communication authentication and origination. From the perspective of India’s e-commerce, the IT Act 2000 and its provisions contain many positive aspects. First, these provisions regarding e-business mean that e-mail will become a valid and legitimate form of communication in our country that may be properly drafted and approved in court. Enterprises can now process electronic business transactions through the legal infrastructure of the law. Digital signatures have been legally given validity and sanctions. The law opens the door for companies to enter the business as a certificate authority for issuing digital signature certificates. The law now allows governments to publish notices on the Internet, thus signaling the arrival of governance. By law, a company may use any form, application, or other electronic form to any agency, agency, agency, or agency owned or controlled by the relevant government, using government regulations submitted electronically. Documents can be submitted.

IT law also addresses security issues that are critical to the success of electronic transactions. The law legally defines the concept of secure digital signatures that a system of security procedures must pass through. This will be decided by the government at a later date. According to IT Act 2000, companies can take legal remedies if someone breaks into a computer system or network and causes data damage or copying. The remedy offered by law is in the form of financial damage that cannot exceed Rs. 1 crore.

In addition to the above sections of IPC and ITAA in 2008, the Government of India has taken the following steps to prevent cybercrime:

• Cybercrime cells have been set up in the states and the United States to report and investigate cybercrime cases.

• The Government is also responsible for the recognition and education of cybercrime in Kerala, Assam, Mumbai, Mizoram, Manipur, Nagaland and Arunachal Pradesh under IT Act 2000. increase. We have set up cyber forensics and training labs in such locations.

• In collaboration with the Data Security Council of India (DSCI), NASSCOM and Cyber ​​Forensic Labs have been established in Mumbai, Bengaluru, Pune and Kolkata to raise awareness and provide training.

• The Government of India is running various programs to raise awareness about cybercrime. Bangalore’s National Law School and Hyderabad’s NALSAR Law School offer a variety of 4,444 cyber law and cybercrime awareness and training programs for law enforcement officers. 4,444 police and judicial officers are trained at the State Training Institute.

Other Comments: Cybercrime has an infinite nature, so innovative measures are needed to tackle the problem of “high-tech crime”. Therefore, when browsing the Internet, in addition to cyber law, the following points should be considered regarding the security of cyberspace.

I myself. The purpose is to inspire students at the grassroots level. H. Knowledge of cybercrime and cyber law. Data center, school and college students also need to be given cyber skills. The Cyber ​​Law Recognition Program can be organized by any educational institution to provide a basic understanding of the Internet and Internet security.

ii. Bank and credit card statements should be checked regularly to reduce the effects of personal information theft and online crime.

iii. Keep your computer system up-to-date to keep attackers away from your computer. Keeping your computer up-to-date prevents attackers from exploiting software flaws that could compromise your system or hack your system for illegal purposes.

iv. Online activities such as online banking require you to manage unique and secure 8-digit passwords that combine symbols, words, and numbers. Do not use any other personal information such as your email ID, login name, surname, date of birth, date of birth, or descriptive password.

V. You do not have to use the same password for all online services you use. Keep a different password for each online activity.

vi. Enable two-step verification on Webmail to protect your webmail or social media accounts. cell phone number. In addition to your email account, you can now be notified when someone tries to access your account with Two-step verification requires a username and password to open an account. However, a verification code will be sent to the registered mobile phone number. If you forget your password for personal security reasons. Hackers may be able to crack your password, but without a temporary verification code, hackers will not be able to access your account. vii. For basic online security, you need to protect your computer with security software because software helps protect your users from online threats. Therefore, this software is essential to stay secure on the Internet. Includes firewall and antivirus programs. Firewalls control who and who can communicate with your computer online. Antivirus also maintains all online activities such as email messages and web browsing and protects your system from viruses, worms, Trojan horses and other kinds of malicious programs. Integrated security programs like Norton Internet Security combine firewall, antivirus, and antispyware with other features such as anti-spam, parental controls, and a single package of all security software for online protection. increase. I. It is popular these days because it is not on the market. viii. Do not reply to emails requesting personal information or click on the link in those messages. These links can lead to misleading and harmful websites. Legitimate companies do not use email messages to request personal information. Therefore, please read the privacy policy of our website and software before disclosing any information. Conclusion: In summary, the advent of computer networks and newly developed technologies has led to cybercrime in recent years. Victims are attackers who damage computer systems, steal or delete data stored on the system, change passwords, and hack credit card details and bank account numbers. gain. This poses a great threat to humanity as it becomes known maliciously to attackers. For example, committing such a crime. Various types of cybercrime, such as cyberstalking, cyberterrorism, cyberporn, morphing, forgery, email spoofing, and theft of personal information, are having a serious impact on society. Cybercriminals may gain unauthorized access to the victim’s computer resources and other personal information by hacking account .

Therefore, it is very important for each individual to be aware of these crimes and to remain vigilant and active in order to avoid personal or occupational loss. However, in order to solve the problem of cybercrime on a global scale, the Government of India enacted the Information Technology Act in 2000 to combat such “high-tech” crimes. The law was passed again in 2008 with some changes. Eight new violations have been added, the law was renamed to of the Information Technology Act (Amendment) of 2008, and renamed to ITAA in 2008. Apart from this law, certain sections of the Indian Criminal Code (IPC) are also used as legal action to punish 4,444 people who have committed such crimes. The legal provisions for cyberstalking and online harassment are also included in the 2013 Sexual Harassment Workplace Act (Prevention, Prohibition, Mitigation). Therefore, the judiciary enacted the aforementioned law to bring justice to 4,444 victims and punish criminals.

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