Author: Samidha Ramdas Chaudhari, Dr.Babasaheb Ambedkar Memorial College of Law Dhule
To the point
Cyber crime is criminal activity that either targets or uses a computer network or a committed by cyber criminals or hacker who want to make money.
However, occasionally cybercrime aims to damage computers or networks for reasons other than profit. These could be political or personal.
Cyber crimes have been classified on the basis of the nature and purpose of the offences and have been broadly grouped into three categories depending upon the target of the crime.
Where computer is the target of crime
Where computer facilities the commission of crime.
Where computer is incidentally to the crime
The following are considered to be types of cyber crimes :-
Cyberbullying:- cyberbullying refers to the bullying conducted through the use of digital technology.The use of social media, messaging platforms, gaming platforms and mobile devices may be involved. oftentime this involves repeated behaviour that is intended to scare , anger or shame those being targeted.
Online sextortoin :-
The act of online sextortoin occurs when the cybercriminal threatens any individual to publish sensitive and private material on an electronic medium. These criminal threatens in order to get a sexual image, sexual favours or money from such individuals.
Cyber Grooming :-
Cyber Grooming involves a person building a relationship with a teenager and having a strategy of luring ,teasing or even putting pressure on them to perform a sexual act.
Online Job Fraud :-
An online Job Fraud scheme involves misleading people who require a job by promising them a better job with higher wages while giving them false hope.
Abstract
Indian cyber crime coordination centre over 4.52 lakh cyber crime cases were reported on the National Cyber Crimes Reporting Portal (NCRP) in 2021. which increased by 113.7% in 2022 with 9.66 lakh cases being reported on the portal. All over 15.56 lakh case were reported on NCRP in 2023 translating into 129 cyber crime cases reported per lakh population. Which shows a “ declaration ” of growth rate to 60.9% as compared to 2022. As above cases have been filled till 2023 but most of the cases are related to online transaction but online are not safe .The following steps involved in online shopping/ online transaction. According to this step how the fraud is done –
Registration
Placing on order
Payment
Cash on delivery
Cheque
Net Banking Transfer
Credit or debit card
It’s a steps of online shopping and transaction.
Use of legal jargon
When a cybercrime is committed against an individual ,the crime does not effect a particular individual but affects a particular individual but affects the entire society. And because of this peace and order in the society is not distributed, so the financial i.e. money, property, mental peace of the person with whom this crime is committed is distributed. When these crimes happen, some mistakes of the common man are the reason behind it.
The risk involved in data storage is virus. A lot of computer viruses are deadly. Which can enter your computer all the data percent in it all the important information can be deleted, because of which you may have a lot of problems and there may be too much time wasted. Hackers are unauthorized people they can destroy all your data and can also steal it, deu to which there is lot of damage to the website.
The Proof
To spread awareness on cyber crime, the central government has taken steps which inter- alia, include; dissemination of messages through sms, I4C ( Indian cyber crime coordination). When a cybercrime is committed against an individual, the crime does not effect a particular individual but affects a particular individual but affects the entire society. And because of this peace and order in the society is not disturbed,so the financial i.e. money , property, mental peace of the person with whom this crime is committed is distributed. When these crimes happen some mistakes of the common man are the reason behind it.
Choose right settings on your mobile your social media platforms Do not accept friends request anyone or everyone in social media. Do not spread our personal messages. Remember to log out from the social media platform.
Keep a check on your account. Report to the social media service provide for any fake, unwanted or fraudulent activities in your account. Be aware of your outfits on video call and video chats .No sensitive pics should be there on your smartphone.
Case Law
1. Syed Asifuddin And Ors. vs The State Of Andhra Pradesh [2005 CriLJ 4314]
Summary: Reliance model handsets were to be exclusively used by Reliance India Mobile Limited but the TATA Indicom staff members who were figured as an accused tampered with pre-programmed CDMA digital handsets belonging to Reliance Infocomm and activated with TATA Indicom network with all dubious means. Offence was held to be made out under Section 65 of IT Act.
2. Section 43: Penalty and Compensation for damage to computer, computer system, etc. Poona Auto Anillaries Pvt. Ltd., Pune Versus Punjab National Bank, HO New Delhi & Others
Summary: In 2013, in one of the largest compensation awarded in legal adjudication of a cyber crime dispute, Maharashtra’s IT secretary Rajesh Aggarwal had ordered PNB to pay Rs 45 lakh to the Complainant Manmohan Singh Matharu, MD of Pune-based firm Poona Auto Ancillaries. A fraudster had transferred Rs 80.10 lakh from Matharu’s account in PNB, Pune after Matharu responded to a phishing email. Complainant was asked to share the liability since he responded to the phishing mail but the Bank was found negligent due to lack of proper security checks against fraud accounts opened to defraud the Complainant.
3.State of Tamil Nadu v. Suhaskatti
Facts- In addition, the accused forwarded emails received in a fictitious account he created in the victim’s name. The victim received unwanted calls as a result of the publishing of texts. The calls were made on the impression that the victim was looking for employment of a sexual nature. When the victim became tired of the harassment, he took action and filed a complaint against him. The accused got arrested.
Decision: The accused was held accountable for the accusations brought against him by the court. Under section 469 IPC, a fine of Rs 500 and a sentence of 1 year of simple imprisonment; under section 509 IPC, a fine of Rs 4000 and a sentence of 2 years of rigorous imprisonment; and under section 67 of the IT Act 2000, a fine of Rs 4000 and a sentence of 2 years of rigorous imprisonment.
Conclusion:- The Cyber Law system is governed by the IT Act and the rules that have been established. When the IT Act cannot offer a specific offence or does not contain exhaustive provisions relating the offence, resort might be given to the IPC provisions. Even still, it is clear that Cyber Law is insufficient to cope with the current offence.As India moves closer to being a digital nation, crime is on the rise, and new forms of Cyber Crime are emerging every day. As a result, the need to improve and advance legislation to deal with Cyber Crime is growing, as India’s Cyber Law has been found to be inadequate in comparison to other states.
FAQS
1.What are the most common types of cyber crime?
Answer:- Another most commonly asked question about cybersecurity is the most common type of cyber threats, which encompass various types of cyber-attacks. According to documented evidence, the following represent the most occurring threats in cybersecurity,
Malware
Phishing
Smishing
Child pornography or child sexually abusing material
Credit card and debit card fraud
2. What’s child pornography?
Answer- child sexual abuse material including any material containing sexual image in any form, wherein both the child being exploited or abuses may be seen. There is a provision in section 67(B) of the Information Technology Act which states that the publication or transmission of material depicting children in sexually explicit acts in an electronic from is punishable.
3. What are the I4C?
Answer – I4C means cyber crime coordination centre. That means social media account i.e.( formerly T,(@cyberdost), Facebook ( cyberdost I4C), Instagram (cyberdost I4C), engaged my government for publicity in multiple mediums.
4.cyber crime awareness?
Answer- organizing safety and security awareness weeks in association with states/UTS, publishing of handbook for adolescent/ students etc. The states/UT’s have also been requested to carry out publicity to create mass awareness.