A Survey on cyber law in India: A weapon for controlling cybercrimes
Kirti Sahu, Srishti Chandrakar, Rubi Kambo
1,2M.SC. IT Student, S.o.S Computer Science and IT, Pt. Ravishankar Shukla University,
Raipur (C.G.) 492010, India
3Assistant Professor, S.o.S Computer Science and IT, Pt. Ravishankar Shukla University,
Raipur (C.G.) 492010, India
*Corresponding Author E-mail: kirtisahu178@gmail.com, srishtichandrakar98@gmail.com, rubi.kambo7@gmail.com
ABSTRACT:
Today in the age of internet everything around us changing and spreading quickly, one such thing is Crime. Over the internet or cyber space, crime is come about day by day. Nowadays Cybercrimes occur as most dangerous diseases as it may harm to any individual property, assets, identity. Crime such as electronic blackmailing, hacking, stalling, morphed pornographic images etc., occur over internet. To control or prevent such cybercrime done by perpetrator, laws are introduced also some important act are formed such as the Information Technology Act 2000 and Amendments of Information Technology Act 2008. Cyber laws are important way to control or stop cybercrimes. In this paper, we try to presents an overview of cyber laws, needs and importance of cyber laws, types of cybercrimes and discussion of various cases that have happened in India.
KEYWORDS: Cyber Laws, Cybercrimes, IT ACT 2000.
[1] INTRODUCTION:
Today’s worlds digitalized through Internet. Internet plays most important roll for discovered any places of world to sit at home, it is possible through internet. It advantages parts of Internet but misuse the Internet; it’s also harmful for world. Since cybercrimes day expanding step by step that its need of cyber law controls the cybercrimes. Due to the emergence of Internet and high speed technology individuals life changing drastically. Web is system of millions system that additionally uses to share data and convey to one another wherever of world. Today’s world through web we gather data to each handle, similar to sports, education, medicinal field and so forth. We may get data as indicated by your need through web. We likewise exploit from Wikipedia and word references the assistance of web. Today’s web has numerous utilizations however it have additionally abuse on the web. The students squander their valuable hours on sitting on web without taking any positive and helpful advantages. Through abuse web we advanced cybercrime like PC hacking is exceptionally normal by the utilization of web. Some outrageous disapproved of individuals can process cash through use of Visa and some other kind of cybercrimes incorporate circulation of youngster erotic entertainment, different sorts of satirizing, human dealing, fraud and online related wrongdoings against property. We are living in profoundly digitalized world. Not only individual but also all the organizations rely on their PC systems and keep their significant information in electronic structure. Government structures including annual expense forms, organization law structures and so on are currently filled in electronic structure. Purchasers are progressively utilizing Visas for shopping.
According to NCRB report related to cybercrime in India, Uttar Pradesh is in first position with 9,818 cases in three years from 2015-2017.So to control these, cyber law is needed as Internet has dramatically changed our life, transition from paper to paperless world, also the Laws of real world cannot be interpreted in the light of emerging cyberspace. Internet requires an enabling and supportive legal infrastructure to tune with the times.
Cyber law is the law governing cyber space. Cyber space includes computers, networks, software’s, data storage devices (such as hard disk, USB disk, etc.), the Internet, websites, emails and even electronic devices such as cell phone, ATM machines etc.
As Cyber law deals with Cyber crimes, Electronic or digital signatures, Intellectual property, Data protection and privacy.
To controls the cybercrime law are made such as Information Technology Act 2000. The IT Act 2000 came into force on 17 October 2000. Information Technology Act 2000 consisted of 94 sections segregated into 13 chapters. IT Act amendment 2008 ITA-2008, is a new version of IT Act-2000. This amendment provides additional focus on information security. Added several new sections on offences including cyber terrorism and dataprotection.124 sections and 14 chapters.
“The modern thief can steal more with a computer than with a gun. Tomorrow’s terrorist may be able to do more damage with a keyboard than with a bomb”.
National Research Council, USA “Computers at Risk”. 1991.
…… By Srishti and Kirti,
[2] NEED OF CYBER LAW:
The Internet has dramatically changed the way we think, the way we govern, the way we do commerce and also our life. Information Technology is enveloping varying backgrounds everywhere throughout the world.
The internet makes good, affable and criminal wrongs. It has now given another approach to communicate criminal inclinations. The internet is available for investment by all. "IT" has carried the change from paper to a paperless world. The Internet requires an empowering and supporting legitimate framework on top of the occasions.
[3] CYBERLAW:
Cyber law is a law applies to the web. Cyber law is the law that controls cybercrimes. Cyber law gives protections to any area of people using the Internet. Understanding cyber law is the most important part of any person who uses the Internet. Today’s Internet crimes increasing day by day. To solve today’s internet crimes became cyber law. Cyber law is also called Information technology Law.
[4] CYBERCRIMES:
Any crime with the assistance of computer and media transmission innovation. Any crime where either the computer is utilized as an article or subject. Cybercriminals may use a device to access the web and theft personal information of the user to sit any place in the world. Other types of cybercrimes like share child pornography images, hacking and stalking the account, email spoofing, worms attack, cloning, cyber warfare and cyber terrorism, these crimes destroy the persons through electronically, cybercrimes is the most dangerous today’s digitalized world. This crimes computer and network as a target of crime.
[5] CATEGORIES OF CYBERCRIMES:
*Cybercrimes against persons:
These crimes incorporate cyber harassment and stalking, distribution of child pornography, credit card fraud, human dealing, ridiculing, data fraud, and online criticism or defamation.
*Cybercrimes against property:
Some online crimes happen against property, for example, a computer or server. These crimes incorporate hacking, virus transmission, digital and typo squatting, copyright encroachments.
*Cybercrimes against government:
At the point when cybercrime is perpetrated against the government. It is considered and an assault on that country's power. Cybercrimes against the administration incorporate hacking, getting to secret data, cyber warfare, terrorism, and pirated software.
[6] MOST COMMON TYPES OF CYBERCRIMES:
Cybercrime involves the use of computer and network in attacking computers and networks as well. Cybercrime is obviously a criminal offense and is panalized by the law. Cybercriminals devise various strategies and programs to attack computers and systems. These are the most common types of cybercrimes acts:
· Fraud
· Hacking
· Identity Theft
· Scamming
· Computer Viruses
· Ransomware
· DDoS(Distributed Denial of Service) Attack
· Spamming
· Phishing
· Social Engineering
· Cyberstalking
· Cyber warfare
· Cyber terrorism
· Pornography
· Data Stealing
· E-mail spoofing
[7] STATICS OF CYBERCRIMES:
[8] IT ACT2000:
The data innovation act, 2000 (IT Act), came into power on17 October 2000.The main role of the demonstration is to give legitimate acknowledgment toe-business and to encourage documenting of electronic records with the legislature. Data innovation act 2000 comprised of 94 segments isolated into 13 parts. To correct the Indian Panel Code, The Indian Evidence Act, 1872, The Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934.Aims to give the legitimate structure to every single electronic record.
[9] TYPES OF CYBERCRIME, LAWS, PUNISHMENTS OF IT ACT 2000:
|
Cyber crime |
Law |
Punishment |
|
Hacking |
Action under IT Act-2008 section 43A, 66, IPC section 379 and 406 |
Imprisonment up to 3 years and with fine up to Rs. 5,00,000 |
|
Data Stealing |
Action under IT Act 2008 section 43B, 66E, 77C, IPC section 379, 405 and 420 and applies copyright act. |
Imprisonment up to 3 years and with fine up to Rs. 2,00,000 |
|
Virus-Spyware spread |
Action under IT Act 2008 section 43C, 66, IPC section 268, section 66F related to cyber terrorism on viruses spread to threaten the security of the contry. |
Life Imprisonment in cases related to cyber war and terrorism, up to 3 years in other cases. |
|
Identity theft |
Action under IT Act 2008 section 43, 66C, IPC section 490 |
Imprisonment up to 3 years and with fine up to Rs. 1,00,000 |
|
E-mail spoofing and fraud |
Action under IT Act 2008 section 76B, 66D and IPC section 417, 419, 420 and 465. |
Imprisonment up to 3 years or fine. |
|
Pornography |
Action under IT Act 2008 section 66A, IPC section 292, 293, 294, 500, 506, 509. |
Imprisonment up to 5 years and fine up to Rs. 10,00,000 on first mistake. Imprisonment up to 7 years on second mistake |
[10] IT ACT AMENDMENT-2008:
The data innovation alteration act, 2008 (IT Act 2008) has been passed by the parliament on 23 December 2008. It got the consent of President of India on 5 February, 2009. The IT Act 2008 has been advised on October 27, 2009. ITA-2008, is another form of IT Act 2000. Added several new sections on offences including cyber terrorism and dataprotection,124 sections and 14 chapters.
[11] NOTABLE CASES:
Case 1:
In February 2017, Delhi based Ecommerce portal made a complaint with police station against some hackers from different cities accusing conspiracy criminal breach of trust cyber-crime of hacking /tampering with computer source documents and the web site and extending the threats of like consequences to employee.
As a result four hackers were arrested by south Delhi police for digital shopping.
Case 2-Section 66A:
On 19 November 2012 ,a 21-year old girl was arrested from Palghar for posting a message on Facebook criticizing the shutdown in Mumbai for the funeral of” BALTHAKREY” Another 20 years old girl was arrested for “liking “ the post. They were initially charged under section 295A of the Indian panel code and the section 66A of the IT Act.
Case 3:
HYDERABAD: - To held for hacking business rival’s email:
Two persons were nabbed by Rachakonda cybercrime cops on Wednesday for hacking into a person’s official email id. The accused after hacking the account sent defamatory emails to contractors due to which the organization was blacklisted from getting government contracts. The accused, DaidaIndrasen from Saroornagar, is acquainted with the victim. Indrasen and the victim, who is the managing director of the company, had earlier had a financial dispute.
With the help of an employee of the organization, Pamulaparthy Venkata Rajesh from Nagole, he got access to the official email account for Rs. 1 lac. He then hacked into the account, downloaded the defenses contracts of the complainant and sent defamatory emails to all defense units impersonating the victim, leading to a Rs. 1 Crore loss for her.
Case 4:
BENGALURU:- Hacker had sensitive government data: RPF
A probe into illegal booking of railway tickets using fake IDs on IRCTC’s website revealed that the main suspect had hacked into various union government websites and banks to steal data.
Railway Protection Force (RPF) officials have filed a complaint with the jurisdictional Rajagopal Nagar police against the suspect as they don't have powers to investigate cases under IPC and Information Technology Act.
According to police, RPF officials arrested Ghulam Mustafa, 28, and his associate Hanumantha Raju M, 37, for misusing the IRCTC website and booked a case on October 31 last year. "RPF officials arrested Ghulam on January 8 and seized his mobile and laptop. They were shocked to find that Ghulam had obtained sensitive information about various central departments and several banks by hacking into their websites," police said.
Ghulam, who is from Jharkhand and worked as a railway ticket booking agent, had created over 563 fake IDs to book train tickets. He also created fake agent IDs, distributed them to various people and used to collect commission from them. Police said Ghulam stole data from government websites using the dark net.
[12] IMPORTANCE OF CYBER LAW:
We are living in profoundly digitalized world. All organizations rely on their PC systems and keep their significant information in electronic structure. Government structures including personal assessment forms, organization law structures and so forth are presently filled in electronic structure. Consumers are progressively utilizing charge cards for shopping. Most people are using email, cell phones and SMS messages for correspondence. Even in "non-digital wrongdoing" cases, significant proof is found in PCs/mobile phones for example in instances of separation, murder, seizing, sorted out wrongdoing, fear-based oppressor tasks and so forth. Since it contacts every one of the parts of exchanges and exercises on and concerning the web, the World Wide Web and the Internet along these lines Cyber law is critical.
[13] PREVENTION OF CYBERLAW:
The following are a few focuses by methods for which we can forestall cyber-crime:
1) Use solid passwords:
Keep up various secret key and username mix for each record and oppose the impulse to record them. Feeble passwords can be effectively broken utilizing certain assaulting strategies like Brute power assault, Rainbow table assault and so on.
2) Use trusted antivirus in gadgets:
Continuously utilize dependable and exceptionally progressed antivirus programming in portable and PCs. This prompts the anticipation of various infection assaults on gadgets.
3) Keep web-based life private:
Continuously keep your web-based life accounts information security just to your companions. Additionally, ensure just to make a companion who is known to you.
4) Keep your gadget programming refreshed:
At whatever point you get the updates of the framework programming update it simultaneously in light of the fact that occasionally the past adaptation can be effectively assaulted.
[14] CONCLUSION:
In short, Cybercrime is developing as a serious threat. Governments, police departments and intelligence units around the world have begun to react against cybercrime. Many efforts are also being made at the international level to curb cyber threats across the border. The Indian police has begun exceptional digital cell the nation over and began teaching individuals, so they gain information and shield themselves from such violations.
[15] REFERENCES:
1. https://www.slideshare.net/abhipabari/cyber-law-607921862
2. https://medium.com/readers-writers-digest/beginners-guide-cyber-laws-4a714edf7b9e
3. https://www.scribd.com/presentation/260714149/Cyber-Crime
4. https://cybercrimeteam.wordpress.com/2014/11/06/cyber-laws-in-india/
5. www.swierlaw.com
6. NCRB reports
7. www.ishanllb,com
8. https://m.timesofindia.com
9. www.geeksforgeeks.com
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Received on 21.05.2020 Accepted on 16.06.2020 © EnggResearch.net All Right Reserved Int. J. Tech. 2020; 10(1):53-57. DOI: 10.5958/2231-3915.2020.00010.3 |
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