Professional Documents
Culture Documents
CYBER LAW
Project on
SUBMITTED TO
Prof. B. Preetham
SUBMITTED BY
A.RAJESH
BC0140044
B.ComLL.B(Hons)
ABSTRACT:
I take this opportunity to choose the topic “Cyber Crimes against Individuals” Which have
contributed to our Indian cyber laws? In particular to the cyber laws to curb the illegal use
outstanding one of Information Technology laws.
Cyber crime may be offences using computers or offences against computers. However there
is a further distinction. Whichever of these above categories it falls under, it may be an
offence against states, corporations or individuals. Again, under the header of individuals,
crimes may be out of malice or out of self interest (or a mixture of both, depending on the
case). The latter category involves hacking, extortion and other enriching means. The former
involves blackmail, data leaks of confidential or private data, etc, as well as torment such as
cyber bullying.
Due to the personal nature of these crimes many of them go unreported because of social
stigma. Women are often the target of these crimes too.
Today milestones have been made to act on instances of cyber crime, and this efficiency also
doubles up as a deterrent. However capabilities of experts on the criminal side still may tip
the odds against law enforcement. Furthermore issues of jurisdiction and such plague it just
like other areas of cyber law. This project seeks to analyse trends in cyber crime against
people and laws related to it.
RESEARCH QUESTIONS:
1. INTRODUCTION
2. CYBER CRIMES AGAINST INDIVIDUALS
3. INDIAN LAW REGARDING CYBER CRIME AGAINST INDIVIDUALS
4. PUNISHMENT FOR CYBER CRIME AGAINST INDIVIDUAL AS PER IT
ACT 2000
5. CONCLUSION
1. INTRODUCTION
Cyber crime may be offences using computers or offences against computers. However there
is a further distinction. Whichever of these above categories it falls under, it may be an
offence against states, corporations or individuals. Again, under the header of individuals,
crimes may be out of malice or out of self interest (or a mixture of both, depending on the
case). The latter category involves hacking, extortion and other enriching means. The former
involves blackmail, data leaks of confidential or private data, etc, as well as torment such as
cyber bullying.
Due to the personal nature of these crimes many of them go unreported because of social
stigma. Women are often the target of these crimes too.
Today milestones have been made to act on instances of cyber crime, and this efficiency also
doubles up as a deterrent. However capabilities of experts on the criminal side still may tip
the odds against law enforcement. Furthermore issues of jurisdiction and such plague it just
like other areas of cyber law. This project seeks to analyse trends in cyber crime against
people and laws related to it.
There are certain offences which affects the personality of individuals can be defined as:
It is very common type of harassment through sending letters, attachments of files & folders
i.e. via e-mails. At present harassment is common as usage of social sites i.e. Facebook,
Twitter etc. increasing day by day.1
Cyber-Stalking:
It means expressed or implied a physical threat that creates fear through the use to computer
technology such as internet, e-mail, phones, text messages, webcam, websites or videos.2
1
Cyber crime against person accessible at https://www.legalindia.com/cyber-crimes-and-the-law/ last referred
on 15th July 15, 2018
2
Dr. Gupta & Agrawal, Cyber Laws and laws relating to Information technology.
Defamation:
It is an act of imputing any person with intent to lower down the dignity of the person by
hacking his mail account and sending some mails with using vulgar language to unknown
persons mail account.
Hacking:
It means unauthorized control/access over computer system and act of hacking completely
destroys the whole data as well as computer programmes. Hackers usually hacks
telecommunication and mobile network.3
Cracking:
It is amongst the gravest cyber crimes known till date. It is a dreadful feeling to know that a
stranger has broken into your computer systems without your knowledge and consent and has
tampered with precious confidential data and information.
E-Mail Spoofing:
A spoofed e-mail may be said to be one, which misrepresents its origin. It shows it’s origin
to be different from which actually it originates.
It means the person who is doing the act of cyber crime i.e. stealing password and data
storage has done it with having guilty mind which leads to fraud and cheating.
Cyber Pornography:
Cyber pornography is in simple words defined as the act of using cyberspace to create,
display, distribute, import, or publish pornography or obscene materials. With the advent of
cyberspace, traditional pornographic content has now been largely replaced by online/digital
pornographic content.4
3
What are law against hacking in India accessible at https://www.quora.com/What-are-the-laws-against-
hacking-in-india last referred on 15th July 15, 2018
4
Cyber pornography law in India accessible at https://blog.ipleaders.in/cyber-pornography-law-india/ last
referred on 15th July 2018.
3. INDIAN LAW REGARDING CYBER CRIME AGAINST INDIVIDUALS
• It is one of the oldest computer-related crimes, and in recent years has become a mass
phenomenon.
Business of several large companies closed & Banks, Hospitals, and other Government
Agencies were also very badly affected.
• false accusations,
• monitoring,
• threats,
Cyber stalking is a virtual or electronic type of physical stalking. Stalking by and large
includes pestering or undermining conduct that an individual participates in over and again or
diligent unwelcome contact with another person.6 Spontaneous email is one of the most
5
What is wanna cry ransomware attack accessible at https://www.slideshare.net/iengageonline/what-is-wanna-
cry-ransomware-attack last referred on 15th July, 2018
6
Dr. Gupta & Agrawal, Cyber Laws and laws relating to Information technology.
widely recognized types of harassment, including hate, disgusting, or threatening mail.
Different types of provocation incorporate sending the casualty infections or high volumes of
electronic junk mail (spamming).
A cyber stalker can discuss specifically with their objective when the objective computer
interfaces in any capacity to the Internet. The stalker can expect control of the casualty's
computer and the main guarded choice for the casualty is to disengage and give up their
present Internet "address".7
Some spoof messages purport to be from an existing company, perhaps one with which the
intended victim already has a business relationship. The 'bait' (attract) in this instance may
appear to be a message from 'the fraud department' of, for example, the victim's bank, which
asks the customer to: "confirm their information"; "log in to their account"; "create a new
password", or similar requests. If the 'fish' takes the 'bait', they are 'hooked' -- their account
information is now in the hands of the con man, to do with as they wish.
"Phishing" scams are currently the most popular and thus dangerous form of email fraud.
They use email messages that appear to come from a legitimate company or institution, such
as your bank or university, and ask you to "update" or "verify" your personal information; the
scammers then use this information to commit identity theft. And it’s also caused for account
take over.
Elaborating on the concept of ‘phishing’, in order to lay down a precedent in India, the court
stated that it is a form of internet fraud where a person pretends to be a legitimate association,
7
Jaishankar K & Uma Shankar V, Cyber Stalking: A Global Menace in the Information Super Highway.
8
Nasscom vs. Ajay Sood & Others 119 (2005) DLT 596, 2005 (30) PTC 437 Del
such as a bank or an insurance company in order to extract personal data from a customer
such as access codes, passwords, etc. Personal data so collected by misrepresenting the
identity of the legitimate party is commonly used for the collecting party’s advantage. court
also stated, by way of an example, that typical phishing scams involve persons who pretend
to represent online banks and siphon cash from e-banking accounts after conning consumers
into handing over confidential banking details.
The Delhi HC stated that even though there is no specific legislation in India to penalise
phishing, it held phishing to be an illegal act by defining it under Indian law as “a
misrepresentation made in the course of trade leading to confusion as to the source and origin
of the e-mail causing immense harm not only to the consumer but even to the person whose
name, identity or password is misused.” The court held the act of phishing as passing off and
tarnishing the plaintiff’s image.
The plaintiff in this case was the National Association of Software and Service Companies
(Nasscom), India’s premier software association. The defendants were operating a placement
agency involved in head-hunting and recruitment. In order to obtain personal data, which
they could use for purposes of headhunting, the defendants composed and sent e-mails to
third parties in the name of Nasscom.
This case achieves clear milestones: It brings the act of “phishing” into the ambit of Indian
laws even in the absence of specific legislation; It clears the isconception that there is no
“damages culture” in India for violation of IP rights; This case reaffirms IP owners’ faith in
the Indian judicial system’s ability and willingness to protect intangible property rights and
send a strong message to IP owners that they can do business in India without sacrificing
their IP rights
Cyber pornography is banned in many countries and legalized in some. In India, under the
Information Technology Act, 2000, this is a grey area of the law, where it is not prohibited
but not legalized either.
9
IT ACT 2000
1. Publication- which would include uploading on a website, whats app group or any
other digital portal where third parties can have access to such content.
2. Transmission- this includes sending obscene photos or images to any person via
email, messaging, whats app or any other form of digital media.
First case in India where a conviction was handed down in connection with the posting of
obscene messages on the internet under the controversial section 67 of the Information
Technology Act, 2000. The case was filed in February 2004 and In a short span of about
seven months from the filing of the FIR, the Chennai Cyber Crime Cell achieved the
conviction . In the case, a woman complained to the police about a man who was sending her
obscene, defamatory and annoying messages in a Yahoo message group. The accused also
forwarded emails received in a fake account opened by him in the victim's name. The victim
also received phone calls by people who believed she was soliciting for sex work.
10
http://lawmantra.co.in/tamil-nadu-v-suhas-katti-2004-case-related-to-the-posting-of-obscene-messages-on-
the-internet/
11
What are the laws against hacking in india? accessible at https://www.quora.com/What-are-the-laws-
against-hacking-in-india last referred on 15th July , 2018.
Any information that is grossly offensive or has menacing character;
Any information which he knows to be false, but for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury, criminal
intimidation, enmity, hatred, or ill will, persistently makes by making use of
such computer resource or a communication device,
Any electronic mail or electronic mail message for the purpose of causing
annoyance or inconvenience or to deceive or to mislead the addressee or
recipient about the origin of such messages
shall be punishable with imprisonment for a term which may extend to three
years and with fine.
3. Section 66B – Punishment for dishonestly receiving stolen computer
resource or communication device. Whoever dishonestly receives or retains
any stolen computer resource or communication device knowing or having
reason to believe the same to be stolen computer resource or communication
device,shall be punished with imprisonment of either description for a term
which may extend to three years or with fine which may extend to rupees one
lakh or with both.
4. Section 66C – Punishment for identity theft Whoever, fraudulently or
dishonestly make use of the electronic signature, password or any other unique
identification feature of any other person,shall be punished with imprisonment
of either description for a term which may extend to three years and shall also
be liable to fine which may extend to rupees one lakh.12
5. Section 66D – Punishment for cheating by personation by using computer
resource Whoever, by means of any communication device or computer
resource cheats by personating; shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable
to fine which may extend to one lakh rupees.
6. Section 66E – Punishment for violation of privacy Whoever, intentionally
or knowingly captures, publishes or transmits the image of a private area of
any person without his or her consent, under circumstances violating the
privacy of that person, Explanation – For the purposes of this section:
12
Dr. Gupta & Agrawal, Cyber Laws and laws relating to Information technology
“transmit” means to electronically send a visual image with the intent
that it be viewed by a person or persons;
any part of his or her private area would not be visible to the
public, regardless of whether that person is in a public or
private place.
shall be punished with imprisonment which may extend to three years or with fine not
exceeding two lakh rupees, or with both.
13
Cyber Pornography Law in India accessible at https://blog.ipleaders.in/cyber-pornography-law-india/ last
referred on 15th July , 2018
8. Section 67A – Punishment for publishing or transmitting of material
containing sexually explicit act, etc. in electronic form14 Whoever publishes
or transmits or causes to be published or transmitted in the electronic form any
material which contains sexually explicit act or conduct shall be punished on
first conviction with imprisonment of either description for a term which may
extend to five years and with fine which may extend to ten lakh rupees and in
the event of second or subsequent conviction with imprisonment of either
description for a term which may extend to seven years and also with fine
which may extend to ten lakh rupees.
9. Section 67B. Punishment for publishing or transmitting of material
depicting children in sexually explicit act, etc. in electronic
form Whoever:-
o publishes or transmits or causes to be published or transmitted material in any
electronic form which depicts children engaged in sexually explicit act or conduct or
o cultivates, entices or induces children to online relationship with one or more children
for and on sexually explicit act or in a manner that may offend a reasonable adult on
the computer resource or
o records in any electronic form own abuse or that of others pertaining to sexually
explicit act with children,
shall be punished on first conviction with imprisonment of either description for a term which
may extend to five years and with a fine which may extend to ten lakh rupees
and in the event of second or subsequent conviction with imprisonment of either description
for a term which may extend to seven years and also with fine which may extend to ten lakh
rupees:
Provided that the provisions of section 67, section 67A and this section does not extend to
14
IT Act 2000 – Penalties accessible at http://niiconsulting.com/checkmate/2014/06/it-act-2000-penalties-
offences-with-case-studies/ last referred on 15th July , 2018
any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic
form
5. CONCLUSION
However when dealing with crimes committed out of self interest prevention is a better
option than punishment as huge sums of money could be involved. Hence the government
must take proactive steps for awareness about cyber security especially regarding banking,
etc.