Author: Pavani Priya Akula, Sri Padmavathi mahila Visvavidhyalayam
TO THE POINT
The present case in the hand is about digital scam in which the customer ordered a television and head phones through other credit card details where it was came to the knowledge of the company after one and half month of the delivery and they filed a case against the accused in Central of Bureau of Investigation (CBI) and court held accused guilty and imposed imprisonment to him.
LEGAL JARGON
Criminal Law Terms
1. Section 418 of the Indian Penal Code (IPC): Cheating with knowledge of wrongful loss.
2. Section 419 of the IPC: Punishment for cheating by personation.
3. Section 420 of the IPC: Cheating and dishonestly inducing delivery of property.
4. Section 120B of the IPC: Punishment for criminal conspiracy.
Cyber Law Terms
1. Section 66 of the Information Technology Act, 2000: Computer-related offenses.
2. Section 66C of the IT Act: Punishment for identity theft.
3. Section 67 of the IT Act: Punishment for publishing or transmitting obscene material in electronic form.
Evidence Law Terms
1. Section 27 of the Indian Evidence Act, 1872: Admissibility of statements made by accused while in custody.
2. Section 32 of the Indian Evidence Act, 1872: Statements made by a person who is dead or cannot be found.
Investigation and Prosecution Terms
1. First Information Report (FIR): A written document prepared by the police to initiate an investigation.
2. Charge Sheet: A document filed by the investigation agency to frame charges against the accused.
3. Prosecution Witness: A witness called by the prosecution to testify against the accused.
THE PROOF
– Section 418 of the Indian Penal Code (IPC): Cheating with knowledge that wrongful loss may ensue to a person whose interest the offender is bound to protect.
– Section 419 of the IPC: Punishment for cheating by personation.
– Section 420 of the IPC: Cheating and dishonestly inducing delivery of property.
– Section 66C of the Information Technology Act, 2000: Punishment for identity theft, which includes dishonest or fraudulent usage of electronic passwords, signatures, or other unique identification features of any person.
– Section 79 of the IT Act, 2000: Exemption from liability for intermediaries, such as websites or internet service providers.
ABSTRACT
In the present case Sony company, which sells the electronic gadgets and it has website which is www.sony.samband.com which mainly targets NRIs where they can buy electronic gadgets from online and it can be delivered to any part in India. On May, 2002, someone logged into the website with the identity Barbara campa and ordered a Sony colour television set and cordless head phone and the client gave her Credit card number for the transaction and requested to deliver it to Arif Azim in Noida and the same was delivered and photographs were taken during the delivery and the said delivery was completed.
After the one and half month of the delivery the Credit card agency informed the company that was an unauthorized transaction and real owner denied the transaction. The company immediately filed a case before Central Bureau of Investigation against Arif Azim under section 418, 419, and 420 of Indian Penal Code, 1860.
During the investigation Arif Azim accepted that he was a customer care in a telecom office and he obtained the details of the foreigner and committed fraud. The court held that accused was found guilty for the offence and liable for imprisonment and court felt mercy that he was young of 24 years and it was 1st crime committed by him and imposed one year of simple imprisonment.
CASE LAWS
– Shreya Singhal v. UOI: This case challenged the validity of Section 66A of the IT Act, which deals with punishment for sending offensive messages through communication services.
– Shamsher Singh Verma v. State of Haryana: The Supreme Court held that a Compact Disc is a document and can be used as evidence in court.
– Syed Asifuddin and Ors. v. State of Andhra Pradesh and Anr.: This case involved hacking into mobile phone handsets and altering their Electronic Serial Numbers (ESNs) to make them compatible with other service providers.
– State of Tamil Nadu v. Suhas Katti: The accused was convicted of creating a fake email account in the victim’s name and posting defamatory content online.
– Avnish Bajaj v. State (NCT) of Delhi: The CEO of (link unavailable) was arrested for broadcasting cyber pornography, but was later granted bail as the court found that he was not directly involved in the offense.
– Pune Citibank Mphasis Call Center Fraud: Employees of a call center were accused of dishonestly transferring funds from Citibank accounts using unauthorized access to electronic accounts.
– SMC Pneumatics (India) Pvt. Ltd. vs. Jogesh Kwatra: The defendant was accused of sending derogatory emails to his employers and was restrained by the court from publishing any defamatory content online.
CONCLUSION
Hence, I conclude that I agree with the decision of the court and with the increasing of technology every was becoming easy and it is easy for scammers to gain information by various means. Data like credit details, mobile numbers are knowing easily to the scammers. Here, in the present case accused was a customer care executive and he used foreigner credit card details and ordered electronic gadgets from popular company with out any doubt here the company also have to increase its security and it has to know from where the order was placed and who is the owner of the account and this is the 1st case in India where accused was imprisoned for cyber crime even for the cybercrimes like fraudulent transactions, misrepresentations have be punished with certain punishments which deems fit to the fraud committed by them. With increasing of technology companies and the authorities have to adopt the technology which avoid cyber fraud and to spread among the society to not fall into cybercrimes.
FAQS
With which name the present was famously known as?
The present case was famously known as sony.samband.com case.
What is the website of Sony company?
www.sany.samband.com was the website of Sony company.
What is the main target of Sony company website?
The main aim of Sony company website is to target NRI’s where it can deliver to any corner of India when the order was placed through the website.
