Cybercrimes and Cybersecurity: Analyzing Indian Juridical Framework to Combat Digital Offences

Author: Priyanka Thiya, student at GLS University

Abstract

In the current societal scenario, cybercrime has emerged to be one of the most deceptive threats. Cybercrimes refer to criminal activity that is perpetrated through the medium of computers, networks, or networked devices. The advancing digitalization has consequences beyond human understanding. Shortcomings of technological advancements and cyber developments go hand in hand. The origin of cybersecurity has proved to be a befitting legal response to these rising digital offenses. This article analyzes the legal measures that are in place to curb cybercrimes, while simultaneously showcasing the emerging rate of crimes arising from the rapid movement of digitalization in the world.

Overview of Cybercrime in India

The rapid expansion of connectivity and technological advancements of the digital era has ushered in a fast-paced environment, offering numerous benefits. However, alongside these advantages, they have opened the doors to the darker side of the digital realm: Cybercrime. With the increasing reliance of society on digital technologies for commerce, communication, and everyday tasks, cybercriminals have found a new avenue to exploit the vulnerabilities and perpetrate illegal activities. The lack of robust cybersecurity measures and education in addition worsens the vulnerability of netizens to crime.

The types of cybercrime prevailing in India have shown an increase along the years. Following are the major types of cybercrimes operating in India:

Cryptocurrency Crime:

The varying forms of cryptocurrency crimes include Cryptojacking, CryptoMining & Cloud Mining, and Cryptocurrency Investment frauds.

Cyber Terrorism: Cyber Terrorism is committed with the malafide intent to pose a threat to the national integrity and sovereignty of India. It involves penetrating into computer networks without authorization to access resources or to potentially damage or destroy digitally stored property.

Online/Social Media Crime: In today’s day and age social media crime is one of the evolving cybercrimes. The social media presence of people has been increasing every day. This presence comes at the cost of exchanging loads of personal data that can be easily accessible by people in the digital realm.

Ransomware: This is an increasingly popular cybercrime. In this crime cyber criminals hack social media or government accounts of imminent personalities or famous organizations, resulting in the risk of a wide range of data. In exchange for the data, they demand ransom which in many cases is complied with to save digital databases.

Child Pornography and Deepfake: Cybercrime also includes illegal and obscene image morphing activities. These types of criminals engage in illicit activities of morphing images of people into pornographic material and releasing it on the internet. In the growing age of AI (Artificial Intelligence) these criminals have been resorting to generating deepfakes of people. Deepfakes refer to morphing capabilities of AI, to an extent that it seems real.

The term “cybercrime” has not been explicitly defined in Indian Law, however, legislation has been enacted to address such offenses. The legislation, commonly referred to as the Information Technology Act of 2000 or the IT Act of 2000, aims to combat various forms of cyber wrongdoing. In landmark cases, from Shreya Singhal Vs Union of India to the Sony Sambadh Case, cybercrimes in India have come a long way and have been marking their presence ever since.

Cybersecurity Measures to Combat Cybercrime in India

In India, it is imperative to adopt cyber security measures to counter the escalating digital threats. The widespread adoption of technology has made cybersecurity one of the national priorities. Cyber security measures are majorly enlisted under the Indian Penal Code of 1860 and the Information Technology Act, of 2000. These laws protect a range of cybersecurity across India. These laws are vital for governing and regulating cyberspace to ensure it is devoid of cybercrimes.

The following are the provisions that a citizen of India can reach out to in case of any violation of their right via cybercrime:

Information Technology Act 2000

The IT Act, of 2000 governs e-commerce and its commercial transactions across India. It is the first cyber law to attain the approval of the Indian Parliament.

Section 43 of the IT Act penalizes the criminals who destroy the computers of a person by clearing their data or hacking their computer networks without their consent.

Section 66E of the IT Act addresses the transmission of images depicting a person’s private areas, punishable even if the capture of such images was non-consensual.

Section 66F of the IT Act punishes criminals committing cyber terrorism. They can imprisoned for life.

Section 67A of the IT Act stipulates a maximum penalty of 5 years of imprisonment along with a fine for individuals convicted under this provision.

Indian Penal Code 1860

The Indian Penal Code is the official criminal code of India. Various sections of this act address the concerns of cybercrimes.

Section 292 of the IPC makes it an offense to circulate any obscene material that carries potential punishment.
Section 354C of the IPC states that capturing an image must be consensual, but its dissemination without consent is deemed unlawful. It’s important to note that this provision does not cover morphed or photoshopped images that may have similar effects.
Section 463 of the IPC punishes the offense of electronically falsifying documents.

Significance and Impact of Cybersecurity on Cybercrimes

Cybercrime holds immense significance in today’s digital landscape, exerting a profound impact on individuals, businesses, and society at large. In an interconnected world reliant on digital technologies, cybercrime poses multifaceted threats, ranging from financial fraud and identity theft to espionage and sabotage.

The significance of cybercrime lies in its ability to exploit vulnerabilities in online systems, leading to disruptions in critical infrastructure, breaches of privacy, and erosion of trust in digital platforms. Beyond financial losses and operational disruptions, the impact of cybercrime extends to the erosion of individuals’ sense of security and privacy, fostering a climate of fear and mistrust in online interactions. The rapid increase in cybercrime also underscores the need for robust cybersecurity measures, including encryption, multi-factor authentication, and regular security audits, to mitigate risks and safeguard digital assets. Furthermore, addressing the societal impact of cybercrime requires raising awareness, promoting digital literacy, and fostering a culture of cybersecurity resilience. Ultimately, the significance and impact of cybercrime underscore the imperative for proactive measures to mitigate risks, protect digital infrastructure, and uphold the integrity of the online ecosystem.

Landmark Cases on Cybersecurity Measures Implemented to Combat Cybercimes

Ajit Doval v. Central Government 2015

In this case, former intelligence and law enforcement officer Ajit Doval filed a Public Interest Litigation seeking directions from the Supreme Court to curate a cybersecurity policy for India. This highlighted the need for efficient implementation of cybersecurity strategies at the national level.

Data Security Council of India v. Union of India 2020

This case involved a case filed by DSCI seeking judicial intervention while reiterating to address the cybersecurity challenges faced by the country. This judgment emphasizes the need for stronger cybersecurity policies and regulations.

Shyam Sundar Paliwal V Union of India 2017

In this landmark case, the Supreme Court directed the Indian Government to implement urgently needed cybersecurity measures to protect power grids, transportation systems, and financial institutions. This judgment underlined the importance of cybersecurity in safeguarding the infrastructure of essential services.

Conclusion

This age’s dynamic landscape of cybercrimes necessitates agile legal responses to address evolving digital offenses. While cybersecurity measures play a pivotal role in curbing risks, legislative frameworks must adapt to effectively prosecute cybercriminals and protect individuals’ digital rights. The interplay between law enforcement, technological innovation, and international cooperation underscores the complexity of combating cyber threats. It is important to put forth concerted efforts to strengthen legal frameworks while promoting digital literacy. This will be essential in safeguarding cyberspace and fostering a secure digital environment for all stakeholders.

FAQs

What are the key cybercrimes committed in the Indian framework??

The Indian framework recognizes various cybercrimes which include but are not limited to such as hacking, cyberstalking, online fraud, identity theft, and dissemination of obscene material.

How does the Indian Penal Code address cybercrimes and what are the penalties associated with it?

The Indian Penal Code contain several sections such as section 292, section 354C, and section 463 that address cybercrimes. Penalties for such crimes include fines, imprisonment, or both.