Cybercrimes can also be against the government, including cyber terrorism, computer virus spreading, cyber extortion, hacking of government websites, etc. Attacks against people include harassment, stalking, attacks on privacy, vandalism on property, theft of private information and copyright, etc.
Cybercrimes come under the Information Technology Act (IT Act) and the Indian Penal Code. The IT Act, 2000, which came into force on October 17, 2000, deals with cybercrime and electronic commerce. The IT Act was later amended in the year 2008.
The Act deals with cybercrime and punishment. Under this IT Act, changes were also made in the Indian Penal Code, 1860, the Reserve Bank of India Act. The purpose of this act is to protect e-governance, e-banking and e-commerce transactions.
Some important sections of the IT Act under which cyber crimes can be registered are:
Section 65- Tampering with computer source documents. If found guilty, the punishment can be up to 3 years and/or a fine of up to Rs 2 lakh. An example of such an offense is when employees of one telecom company were convicted by a court of tampering with the electronic serial number of the cellphone of another company, which had locked the phone before selling it so that only its SIM to work with.
Section 66- Hacking with computer systems or unauthorized use of computer systems and networks. If found guilty, he can be imprisoned for up to 3 years and/or fine up to Rs 5 lakh. An example is when a criminal hacked into the Academy network with unauthorized access to broadband and changed users’ passwords to deny access. The offender was punished under section 66 of the IT Act.
Section 66C- Identity theft by using passwords, digital signatures, biometric thumb impressions or other items of identification of another person for fraud. An example is when a criminal took the login and password of an online trading account and transferred profits to his account by doing online transactions in the trading account in an unauthorized manner. The offender was booked under section 66C.
Section 66D- Fraud with people using computer resources. If found guilty, he can be imprisoned for up to 3 years and/or fine up to Rs 1 lakh. An example such as a criminal who posed as a woman and tried to seduce a businessman to extort Rs 96 lakh from him by creating a fake email id and implicated him in a cyber relationship. The offender was arrested and charged under section 66D and various other IPC sections.
Section 66E – Taking photographs of private areas, publishing or disseminating them without the consent of any person is an offense punishable under this section. If found guilty, he can be imprisoned for up to 3 years and/or fine up to Rs 2 lakh.
Section 66F- Cyber Terror Act. The guilty can be sentenced to life imprisonment. Such as when a threatening email was sent to the Bombay Stock Exchange and the National Stock Exchange challenging the security forces to stop a planned terror attack on these institutions. The offender was arrested under Section 66F of the IT Act.
Section 67- Publishing obscene information electronically. Imprisonment up to 5 years and fine up to Rs 10 lakh in this case. An example is when an accused from Mumbai posted obscene information on the internet after the victim refused to marry her. The criminal was caught under section 67 of the IT Act, apart from several sections of the IPC.
Section 379- Theft can be punishable with imprisonment of up to 3 years and/or fine. Many cybercrimes are committed using stolen mobile/computer or stolen data, hence this section of the IPC deals with it.
Section 420- Cheating and dishonestly inducing delivery of property. Cybercrime such as creating a fake website, cyber fraud can be punishable with imprisonment up to 7 years and/or fine under this section of the IPC. This section of the IPC deals with offenses relating to theft of passwords in order to commit fraud or to create fraudulent websites.
Section 463- Creating false documents or false electronic records. Offenses such as email spoofing are punishable under this section with imprisonment of up to 7 years and/or fine.
Section 468 – Committing forgery for fraud can result in imprisonment of up to 7 years and/or fine. Email spoofing is an offense punishable under this section.
Apart from all these laws, there are many more sections under the IT Act and IPC, which have provisions for cybercrime. Even after the implementation of cyber laws, cyber crimes are increasing rapidly. India registered a growth of 11.8% in cyber crime in the year 2020, during which about 50 thousand cases were reported. Due to challenges like under-reporting, jurisdiction of crime, lack of awareness among people and rising technology cost of crime investigation, police are trying to solve cyber crime cases.
Now there are enough laws and regulations to deal with cybercrime. These laws need to be updated as technology progresses rapidly. Criminals are inventing new technology to commit cyber crimes. There is also a need to intensify the coordination between law enforcement agencies at the national and international level for cyber crime control.
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