THIS ARTICLE IS WRITTEN BY ANSARI SHAHEEN A FINAL YEAR STUDENT OF UNIVERSITY OF MUMBAI
INTRODUCTION: Today world is known as a Tech World. In the future, all companies will be tech-oriented. With the increase in the usage of technology stuff, the crime rate is also increasing from education to banking, banking to medicine in short in every field. With one click, your saving can vanish in one second. With this increasing cybercrime especially in the most populated country like India, there must be a strong law to protect one from this fraud. Here the question arises is which law protects from cybercrime? So the answer is I.T. Act. 2000 and Indian Penal Code, 1860 protect against cybercrime.
MEANING:
Cybercrime generally refers to crime associated with tech and computers. In simpler words, Cybercrime means a crime like email fraud, phishing, child pornography, porn sites, banking fraud, etc.
DEFINITION:
Cybercrime may be defined as “Any unlawful act where computer or communication device or computer network is used to commit or facilitate the commission of a crime”.
TYPES OF CYBERCRIME IN INDIA:
- Phishing:
Phishing is something very common type of cybercrime in India. When anyone receives a spam email that contains an attachment or website link which forces the user to open that email is called Phishing. Hackers develop the website as a legitimate website and users are getting trapped in this. They steal money and personal information. In India, there are some provisions which are related to phishing like Section 66 C, 66 D, and 74 of the I.T. Act with imprisonment of 3 years and a fine up to Rs. 1 lakh.
- Prohibited Content:
Today Prohibited content is found everywhere on the Internet, like social media, blogs, podcasts, etc. in simpler words, Prohibited Content is something which is not appropriate for the audience. It is illegal. The Prohibited content can be made on weapon makings procedures, drugs, sexual activity, child pornography, etc. Provision regarding Prohibited Content in Section 67 of the I.T. Act, 2000. Imprisonment of 5 years and a fine of Rs. 10 lakhs. This can be understood easily with the Raj Kundra Pornography case.
- Malware Attack (Malicious Software):
Malware Attack is also a common type of cybercrime. Malware is made to damage the computer system, For instance, viruses, worms, Trojan viruses, spyware, adware, and ransomware are the common type of it.
- Web Jacking:
Web jacking simply means snatching the traffic from the website and redirecting the user to another website. Section 66 of the I.T. Act, 2000 also deals with Web Jacking.
- Identity thief:
The name itself suggests what is an identity thief. It is something that hackers steal the personal information of the user and use to steal money and credit number, etc. Section 66 C and Section 66 D of the I.T. of the Act, 2000, and Sections 468 and 471 of the Indian Penal Code deal with Identity fraud.
- Cyber Stalking:
Cyber Stalking is a kind of Cybercrime that target user and threaten them by sending emails. Section 72 of the I.T. of the Act, 2000, and Section 354 C of the Indian Penal Code deal with Cyber Stalking. Imprisonment of up to 3 years with a fine under section 67 of the I.T. Act, 2000.
REMEDIES:
- Installing the anti-virus system
- Using the strong password
- Cautious while suffering any illegitimate website, like which does https in the URL.
- Do not share your bank and personal details with anyone over the Internet.
- Keep yourself updated with the latest information related to cybercrime.
- Using social media with utmost care.
- Use a VPN system
- Consult an expert when you become a victim of Cybercrime.
CASE LAW:
Shankar v. State Rep
Facts: The applicant moved toward the Court under Area 482, CrPC to subdue the charge sheet documented against him. The applicant tied down unapproved admittance to the safeguarded arrangement of the Legitimate Advisor of the Directorate of Vigilance and Anti-Corruption (DVAC) and was charged under Areas 66, 70, and 72 of the IT Act.
Decision: The Court saw that the charge sheet documented against the solicitor can’t be subdued regarding the law concerning the non-giving of assent of arraignment under Area 72 of the IT Act.
CONCLUSION:
Cybercrime is increasing day by day, Country like India with a good number of populations are indulging in this. Indian law gives protection to victims but still, it does not provide a full pledge of protection to victims. India is associated with a tech environment due to which cybercrime is increasing. Cybercrime reached in every corner of aspects like education, banking, medicine, etc. India has huge giant I.T Companies like TCS, Wipro, Infosys, etc despite having it, number of incidents are happening. To resolve this problem, it needs a strong mechanism.
REFERENCE:
- https://www.legalserviceindia.com/legal/article-4998-cyber-crime-in-india-an-overview.html
- https://blog.ipleaders.in/cyber-crime-laws-in-india/#:~:text=In%20India%2C%20cyber%20crimes%20are,cyber%20crimes%20and%20electronic%20commerce.
- https://probono-india.in/blog-detail.php?id=218
- https://www.vidhikarya.com/legal-blog/types-of-cyber-crime-and-prevention
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