This article has been writeen by SUDIP KUMAR DEY (B.A.LLB, 8 TH SEM , SURESWAR DUTTA LAW COLLEGE,CALCUTTA UNIVERSITY)
INTRODUCTION- Due to huge advancement in technology there are certain criminal activities in internet world which cause chaos to the privacy of the person.Unprotected networks are hacked and misuses victims media ,data and other things which is personal. To fight with these government also hire ethical hackers and cyber cell security to take actions against the hacker.
Hacking- hacking is the gaining of unauthorised access to data in a system or computer. When a person have a malicious intention to harm the network security, access into the system without the authorisation of a proper owner is called cracker ,and when the person who does it for defense purpose such as protecting from cyber attacks is called hacker. And the process of gaining access to computer networks
where access was not permitted by the proper authority is called hacking.
Wi-fi hacking- when a person breach into the networks of a wifi and cracks the security protocols in that network which gives him complete access to it and exploits it is called wifi hacking Is wifi hacking legal in India- hacking is punishable offence in India as well as in whole world. With the advancement of technology each country has there own statute to deal with the hacking. In India it is governed by INFORMATION TECHNOLOGY ACT,2000 which is read along with the IPC. The IT ACT was established to protect the internet users against the hackers and punish them by giving punishment stated
in these act.
Here section 43(a) and section 66(2) applies to interpreting Hacking.
Section 43(a) says that Penalty for damage to computer, computer system, etc. – If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network, — accesses or secures access to such computer, computer system or computer network; he shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected.
Section 66(2) says that Hacking with computer system.-
(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.
(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend upto two lakh rupees, or with both.
These two sections clearly state that if any person breach in a computer network in a unauthorised way and damages or hamper any such private information then the accused will be punished.
And with it section 441 of Indian Penal Code will also apply here it states that Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
Essential element of hacking-
1) Malicious Intention – to commit a crime actus rea and mens rea is both important . mainly Mens rea is important as it states the criminal intention of the accused person. The mere presence of intention is not sufficient. It is important to prove that such a person’s intention was malafide in nature that is the act should be done in order to deceit or cause loss to that person.
2) Unauthorised access – according to section 43(a) to commit hacking there should be a unauthorised access to a computer source. Therefore, when a person without any authority, access a Wi-Fi network with a malafide intention, it can make him guilty of hacking.
Conclusion- though hacking a wifi network is illegal and who breaches without authorisation can punished with fine and imprisonment but for security purpose and defense purpose hacking can be used.All the elements of hacking should be satisfied to convict a person.
Case laws- In kumar vs whiteley the accused, i.e Kumar gained unauthorised access to the Joint
Academic Network (JANET) and deleted, added files, and changed the passwords to deny access to the authorised users which led to a loss of Rs 38,248 to the users. The Additional Chief Metropolitan Magistrate of Chennai sentenced N G Arun Kumar, the accused to undergo rigorous imprisonment for one year with a fine of Rs 5,000 under 420 of IPC and section 66 of IT ACT.
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