Author: Ritashree Banerjee, student at St. Xavier’s University, Kolkata
Abstract
In this rapidly digitalizing world, cybercrime has become an inevitable reality for millions of people worldwide. It is stated that this situation, which has become a threat to individuals and institutions, should be examined more closely after the crime is committed. While the law mainly focuses on cybercrime, not enough attention is paid to criminal and mental health issues. This article describes the psychological factors that influence cybercriminal behaviour that lead people to commit crimes ranging from financial fraud to theft, cyberbullying and even kidnapping. It examines whether cybercrimes are mostly caused by malicious intent ( dolus malus), negligence ( culpa) or recklessness. In addition, the rise of artificial intelligence and advanced technology has led to the emergence of a new phenomenon of cybercrime, making it easier for individuals with narcissistic, opportunistic, or revenge-driven tendencies to exploit digital platforms. By understanding these psychological factors, this article aims to help create effective law enforcement strategies and preventive measures to combat cybercrime.
Introduction
“We lived on farms, then we lived in cities, and now we’re gonna live on the internet!” — The Social Network (2010). This famous quote describes the present evolving digital age.
The internet has become an integral part of society, affecting everything from communication to commerce and even crime. The rise of cybercrime is directly related to digital advancement and the connectedness of our lives. Unlike traditional criminals who leave physical evidence, cybercriminals operate in the shadows, hiding behind screens and interconnected networks. Their crimes range from hacking to theft to cyberbullying and online fraud, and these crimes are committed often without the fear of getting caught. The Information Technology Act, 2000 (India) defines cybercrime under various sections, including theft (Section 66), identity theft (Section 66C), cyberstalking (Section 67) and financial fraud (Section 66D). We will further discuss about the widely recognized types of cybercrime.
Types of Cybercrimes
• Cyber Stalking: The use of digital platforms to harass or threaten individuals, often through repeated, targeted messaging, monitoring, or intimidation.
• Cyber Terrorism: The use of the internet to disrupt critical infrastructure, incite violence, or instill fear through threats or actual attacks on state or corporate systems.
• Vulnerability Exploitation: The identification and exploitation of system weaknesses by cybercriminals to gain unauthorized access or control over digital resources.
• Online Gambling: Engaging in illegal betting or gambling activities over the internet, often violating national or international regulations.
• Phishing: The fraudulent practice of disguising oneself as a legitimate entity to deceive individuals into revealing confidential information, such as passwords or credit card details.
• Intellectual Property Crimes: Infringement on copyrights, patents, trademarks, and trade secrets, typically through the unauthorized distribution or reproduction of intellectual property.
• Misuse of Personal Information: The illegal or unauthorized use of an individual’s personal data, leading to identity theft or financial fraud.
• DDoS (Distributed Denial of Service) Attacks: The deliberate flooding of a network or server with excessive traffic, making it unavailable to legitimate users.
• Botnets: Networks of infected devices controlled remotely by cybercriminals to carry out malicious activities, including data theft, DDoS attacks, and spam campaigns.
• Social Engineering: Manipulating individuals into divulging confidential or personal information by exploiting psychological vulnerabilities.
• Online Scams: Fraudulent schemes conducted over the internet aimed at deceiving individuals for monetary gain or to steal personal information.
• PUPS (Potentially Unwanted Programs): Software that may pose a threat to the system’s security or performance, often bundled with other software and downloaded unintentionally.
Punishment for Cybercrime under BNS
In order to cease and control the rising number of Cyber Crime cases, specific sections of punishment are mentioned under the Bharatiya Nyaya Sanhita
Section 294 of BNS:
1. Addresses the publication and transmission of obscene material, including electronically. The punishment includes imprisonment and fines, with harsher penalties for repeat offenses.
2. Section 77 of BNS:
Specifically deals with capturing or publishing pictures of private parts or acts of a woman without consent, constituting “voyeurism.”
3. Section 303 of BNS:
This section specifically addresses theft related to mobile phones, data, or computer hardware/software. It offers a legal framework to prosecute individuals engaged in cyber theft activities. However, the applicability of special laws like the IT Act takes precedence in cases where they are attracted.
4. Section 78 of BNS:
Addresses the offence of stalking in both physical and cyber forms. Imposes imprisonment and fines for monitoring or bothering a woman through physical or electronic means.
5. Section 317 of BNS:
Applies when an individual receives stolen mobile phones, computers, or data. There is a punishment for even possession of such property, even by third parties.
6. Section 318 of BNS:
Address frauds, including password theft, creation of bogus websites, and cyber frauds. Imposes varying imprisonment and fines based on the gravity of the offense.
7. Section 336 of BNS:
Deals with offenses like email spoofing and online forgery. Imposes imprisonment, fines, or both.
This section also applies when forgery aims to harm a person’s reputation.
10. Section 356 of BNS:
Penalizes defamation, including sending defamatory content through email. Imposes imprisonment and fines.
Psychological Factors
The anonymity provided by digital media allows criminals to separate their actions from the real world, creating a sense of security that can prevent demoralizing mental health issues. This insecurity reinforces the perception of human rights violations, making it easier for cybercriminals to exploit or harm victims without fear of legal reprisals. In the context of cyberstalking or cyberbullying, the perpetrators target their victims with the intent to cause emotional distress or retaliation, which is legally recognized under provisions related to harassment and defamation. Defamation. For many offenders, financial gain is the primary motivator behind cybercrimes such as phishing, identity theft, and online fraud. These crimes typically fall under the purview of cyber fraud statutes, where offenders exploit vulnerabilities for illicit financial benefits. Psychological factors such as desire and a sense of entitlement are crucial in understanding crime, and these factors often lead people to believe that they have the right to access the resources of others without facing legal consequences for theft. It is often associated with cyberbullying or doxxing to harm individuals or institutions. The legal consequences of this action would include significant penalties under the Cybercrime Act, as these crimes cause retaliatory damage. The anonymity of cyberspace allows these individuals to conceal their identity and avoid the direct consequences of their actions, which further complicates their situation. The psychological dimension of the need for recognition can lead people to commit crimes such as social engineering or hacking. These criminals often seek approval through crime, which can be seen as a way to control a system, person or network. From a legal standpoint, these acts of impersonation and unauthorized access violate the computer Fraud and Abuse Act (CFAA) and similar statutes, leading to criminal liability.Peer pressure and group dynamics, particularly among adolescents, are crucial factors in the development of cybercriminal behavior.
Landmark decisions on cases related to cybercrime
State of Tamil Nadu vs. Suhas Katti (2004)
Suhas Katti was accused of sending obscene and defamatory content about a woman, including images, to a Yahoo group. The text was disrespectful and affected the woman’s reputation, so she filed a complaint against Katti. The question is whether the accused, Suhas Katti, can be convicted under the Indian Penal Code (IPC) and Section 67 of the Information Technology Act of 2000 for publishing obscene information on the internet. The court condemned Suhas Katti under Section 67 of the IT Act for publishing obscene material online, as well as IPC Sections 469 (forgery) and 509 (insulting a woman’s modesty). This was one. This was one of the first cases in which the Indian judiciary employed cyber law to penalize online harassment and defamation.
Avnish Bajaj vs. State (N.C.T) of Delhi (2005)
Facts: Avnish Bajaj, CEO of Bazee.com, was arrested after selling pornographic material on his online marketplace. The material was submitted by a third party, and Bajaj was charged under Section 67 of the IT Act with assisting the circulation of obscene content.
Issue: Under Section 67 of the IT Act, can the CEO of an online platform be held criminally accountable for cyber pornographic content submitted by third parties on the platform?
The court ruled that the CEO, Avnish Bajaj, could not be held directly accountable for third-party sellers’ behaviour on his platform unless there was evidence of active participation or knowledge of the illegal activity.
India Cyber Threat Report 2025
Threat Volume and Detection Overview
• Total Malware Detections: 369.01 million across 8.44 million endpoints
• Detection Methods:
• Signature-Based: 85.44%
• Behavior-Based: 14.56%
• Threat Types:
• Trojans: 43.38%
• Infectors: 34.23%
• Other Malware: 22.39%
Mobile Security Threats:
• Malware: 42%
• PUPs: 32%
• Adware: 26%
Top Regions Affected:
• Telangana, Tamil Nadu, Delhi
Most Impacted Sectors:
• BFSI, Healthcare, Hospitality
The data shows a shift towards more targeted attacks, with increasing use of Trojans, Infectors, and behavior-based detection. Mobile devices, especially Android, are also at high risk. Sectors handling sensitive data need stronger security measures.
Conclusion
In the digital age, cybercrime has become a common form of deceit. People are continually looking for new ways to exploit technology, therefore laws and regulations must adapt to keep up. Cybersecurity must be more robust and precise because this is a global danger. To properly address it, individuals’ mindsets must be changed, developing knowledge and responsibility for the hazards of digital fraud.
FAQS
What is Cybercrime?
Cybercrime refers to criminal activities carried out using computers and the internet, including hacking, data theft, malware attacks, and financial fraud.
How can I protect myself from cybercrime?
Use strong, unique passwords for different accounts.
Enable two-factor authentication wherever possible.
Avoid clicking on suspicious links or downloading unknown attachments.
Keep your software and antivirus updated to prevent malware attacks.
Be cautious about sharing personal and financial information online.
How do I report cybercrime in India?
You can report cybercrimes through:
National Cyber Crime Portal: https://www.cybercrime.gov.in/
Cyber Crime Helpline: Dial 1930 for immediate assistance.
Local Police Station: File a complaint under relevant cyber laws.
Is hacking always illegal?
Not necessarily. Ethical hacking is legal when conducted with permission to strengthen cybersecurity. However, unauthorized hacking, such as data breaches or system intrusions, is a criminal offense.
Can minors be charged with cybercrime?
Yes, under Indian law, minors involved in cybercrimes can be prosecuted under the Juvenile Justice Act, depending on the severity of the offense. In some cases, if the crime is serious, they may be tried as adults.
Can a person be legally punished for watching pornographic content?
No, In India, watching pornography is not illegal but under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 67B of the Information Technology Act, 2000, the possession, transmission, and viewing of child pornography are criminal offenses.
