Abstract:

Cybercrime is a pervasive issue with far-reaching implications for individuals and businesses alike. Cybercriminals commit crimes in   order to get money, but some of them target computers or other devices specifically in the order to harm or disable them. Cybercrimes encompass a wide range of financially motivated illegal activities, such as ransomware attacks, identity theft, email and internet fraud, and efforts to acquire credit card, bank account, or other payment card information. Furthermore, cyber laws aim to make the internet safer, guarantee fairness for victims of cybercrime, and secure data privacy, ultimately contributing to a more secure and robust digital sphere. By aligning with cyber law regulations, individuals and organizations can contribute to secure and trustworthy online environment while being safe and secure from the present threats of cybercrime.

1. Q) What Is Cyber Crime? Everything You Need To Know

Cybercrime

refers to criminal activities carried out using computers or the internet. It encompasses a wide range of illicit actions, including hacking into computer systems, spreading malware, committing fraud, stealing personal information, conducting phishing scams, and engaging in various forms of online harassment or exploitation. Cybercrimes can target individuals, businesses, or governments, and they often involve sophisticated techniques to exploit vulnerabilities in digital systems for financial gain, information theft, or disruption of services.

“Any illegal behaviour involving a computer, network, or networked device is referred to as cybercrime”

While the majority of cybercriminals commit crimes in order to get money, some of them target computers or other devices specifically to harm or disable them or to steal valuable information (Data)which is sold to company’s as client information. Others disseminate viruses, illicit information, photographs, and other items via computers or networks. Certain cybercrimes combine the two tactics of targeting computers and infecting them with a virus that spreads to other devices and occasionally even entire networks. Money is one of the main effects of cybercrime. Cybercrime encompasses a wide range of financially motivated illegal activities, such as ransomware attacks, identity theft, email and internet fraud, and efforts to acquire credit card, bank account, or other payment card information.

Attacks by cybercriminals can start anywhere there is digital data, a purpose, and an opportunity. Cybercriminals range from lone individuals who participate in cyberbullying to entities with governmental sponsorship, like China’s intelligence agencies. Cybercrimes are, for the most part, naturally spread; they rarely happen in a vacuum. That is, to carry out their crimes, hackers usually rely on other users. This applies to malware developers who resell code on the dark web, illicit drug distributors who use cryptocurrency brokers to keep virtual cash in escrow, and state threat actors who pilfer intellectual property by leveraging technology subcontractors. Cybercriminals carry out cyberattacks via a variety of attack vectors, and they are always looking for new ways to accomplish their objectives without being discovered or apprehended. Examples of such cybercrimes can be software piracy, identity theft, credit card scams.

• Types Of Cyber Crime:

1.Phishing: Phishing is the fraudulent practice of pretending to be a reliable source in order to gain sensitive data, such as credit card numbers or passwords. The prosecution of those involved in phishing activities is greatly aided by cyber laws definition as per law:

“If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both Section 66C in The Information Technology Act, 2000- Punishment for identity theft”

Case Law:

National Association Of Software And … vs Ajay Sood And Ors. on 23 March, 2005

Icici Bank Limited vs Mr.Uma Shankar Sivasubramanian

2.Hacking is the unauthorized use of computer systems or networks to collect, modify, or destroy data. Cyber laws delineate and sanction those behaviors, guaranteeing legal repercussions for individuals who violate digital security. Computer trespass, unauthorized access (or access exceeding permission that was granted to a user), or hacking is breaking into computer systems, frequently with intentions to alter, disable or modify existing settings.

Case Laws:

Nallabothu Venkaiah vs State Of Andhra Pradesh on 20 August, 2002

Sanjiv Rajendra Bhatt vs Union Of India & Ors on 13 October, 2015

3. Identity Theft: Cyber laws apply to the unlawful acquisition and use of another person’s personal information for fraudulent purposes. Identity theft is addressed by the legal system, which safeguards those whose identities could be stolen. Identity theft is defined as theft of personnel information of an individual to avail financial services or steal the financial assets themselves.

Case Laws:

Section 66C in The Information Technology Act, 2000

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 with may extend to rupees one lakh.

Tony Enterprises vs Reserve Bank Of India on 11 October, 2019

Discussion On The Aadhaar (Targeted Delivery Of Financial And Other Subsidies, … on 11 March, 2016

• Protection from cybercrime/how to manage your safety

Ensure Your system is Up to date: Keeping your operating systems and internet security software updated is one of the prominent

tips that you should not miss. Generally, cybercriminals are aware of flaws or loopholes to enter.in your system. Therefore, fixing those exploits by updating the system is crucial; otherwise, you will become a cybercrime target.

2) Use Full-Service Internet Security Suite: Considering reliable security software is a prudent approach, as it offers comprehensive.

protection for your devices, online privacy, and identity. This software serves to safeguard your

private and financial information when you access the internet, providing a robust defence.

against potential cyber threats.

3) Use a Secure Internet Connection: With the help of a robust encrypted password and VPN (Virtual Private Network), you can keep. Your internet network secure. A VPN encrypts all the traffic before it reaches your device.

4) Use Strong Password: A combination of letters, numbers, and symbols will make a strong password. With the help of a password manager, you can assign and store encrypted passwords for different sites.

5) Be Aware of Pop-ups and Fraudulent Emails: When a pop-up or a spam email appears in your window and asks you to share your username

or password, never fall for that trap. Remember, any renowned or established brand never asks.

for your login credentials through any pop-up or email.

6) Protect yourself from identity threats: Identity threats are one of the popular techniques to pry sensitive information from the victim.

The hacker uses a public profile on social media networks to steal personal data to commit.

fraud. You might get tricked away by these emails & messages leading to potential identity.

threats or heavy financial losses.

7) Manage Your Social Media Settings: When you are working on your social media profile, the best advice is to keep your personal or private information locked from public eyes. Generally, social engineering cyber criminals are waiting for such moments to hack the systems and get your personal information.

8)Get the Right Cyber Insurance Policy: Adding the best tip to the list, purchase a cyber insurance policy to keep your business or organization protected from cyber risks or potential cyber-attacks. The threats might enter your social media profile and potentially corrupt the whole system or steal sensitive data.

9) Avoid the Urge to Save Passwords in Your Browser: To keep your business protected, you need to resist the habit of storing passwords in your browsers. Browser-stored passwords make login easier for hackers. Nevertheless, they are easier. to steal and enter your system. Stolen passwords act as a key to access your business IT network. and hamper smooth working. Instead of relying on browser-based passwords for your organization, you can use management. tools to manage credentials for browser and web-based applications. Moreover, the employees can access this tool with the permission of the IT team. This is how the IT team can maintain. central visibility and control while everyone is working on it.

10) Do Not Trust Everything on the INTERNET: Yes, we live in a world where one-third of the population clicks on malicious links every day. However, never click on suspicious links you see on the internet that could compromise the working of your system.

What is Cyber Law And Its Advantages

Cyber law, sometimes referred to as internet law or digital law, is the legal framework and set of rules that governs digital activity. Digital privacy, e-commerce, online communication, and the detection and prosecution of cybercrimes are just a few of the many topics it addresses. The orderly and secure operation of digital space is dependent on cyber law, which has become increasingly important as the internet has become an essential part of our everyday lives.

Advantages Of Cyber Law

1. Protection Against Cybercrimes: By providing legal redress and outlining punishments for different types of cybercrimes, cyber laws serve as a deterrence. This proactive strategy contributes to the reduction of illicit online activity and creates a safer online environment for both people and companies.

2. Data privacy: One of the main issues covered by cyber laws is the protection of people’s digital information. By requiring companies to manage personal data properly, these laws create a basis for confidence in online interactions and transactions. Cyber laws play a vital role in providing the necessary legal framework for the regulation of e-commerce. By defining guidelines for contracts, consumer protection, and online transactions, it promotes an equitable and safe online economy.

Types Of Cyber Laws

1.Privacy Laws: The main goal of privacy laws is to prevent illegal access to and use of people’s personal information. They set standards for companies’ responsible management of personal data, guaranteeing that people’s right to privacy is respected.

“The India Digital Personal Data Protection Act 2023 (DPDPA) is a landmark legislation that aims to safeguard the privacy of individuals in the digital age. The Act came into effect on September 1, 2023, and it applies to all organizations that process personal data of individuals

in India Right to Privacy is “intrinsic to life and personal liberty” and is inherently protected under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution”

1. Cybercrime Laws: These laws specify and punish different types of cybercrimes, guaranteeing that violators will face legal repercussions. These rules offer a legal foundation for the prosecution of cybercriminals and are essential in discouraging people from participating in illicit online activity. An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involve the use of alternatives to paper-based methods of communication and storage of information.
2. Intellectual Property rules: In the digital sphere, intellectual property rules guard trademarks, copyrights, and patents from unlawful use. They give innovators and creators a solid legal basis on which to safeguard their digital assets.

Intellectual properties rights in India is governed under the following Acts:

• Trade Marks Act, 1999.
• The Patents Act, 1970 (amended in 2005)
• The Copyright Act, 1957.
• The Designs Act, 2000.
• The Geographical Indication of Goods (Registration and Protection) Act, 1999.

3.E-commerce Laws: These laws set forth guidelines for contracts, transactions, and consumer protection when it comes to conducting business online.

The Consumer Protection (E-Commerce) Rules, 2020, have set a new benchmark for consumer protection in India’s e-commerce sector. By emphasizing transparency, grievance redressal and fair trade practices, these rules aim to build a trustworthy online marketplace for consumers.

Objectives Of Cyber Laws

The following goals guided lawmakers in enacting cyber law protections:

1.To guarantee victims of cybercrime fairness: to stop credit card and debit card fraud. A lot of people are now using digital payment options. Cyberlaw works to ensure that victims are spared the extra pain of drawn-out processes.to stop transactions whenever there is any strange activity, like entering the wrong password. to guarantee safeguarded data security.

Understanding cyber legislation makes it simple to take pre-emptive action.

2.to guarantee the security of the country: Among the many benefits of cyber law are the following: Improved e-commerce site security guarantees more profits for the businesses, which in turn guarantees a stronger national economy. As part of the corrective actions under cyber law, the court will consider grievances pertaining to online transactions. The court will consider claims about the recognition of e-documents. Improved data protection standards result from firms fixing security flaws. ensuring that the businesses use data appropriately and that data is not used for privacy breach of the user.

Laws Concerned with Cyber Crimes In India:

Information Technology Act (2000)

The Information Technology Act, 2000 also Known as an IT Act is an act proposed by the Indian Parliament reported on 17th October 2000. This Information Technology Act is based on the United Nations Model law on Electronic Commerce 1996 (UNCITRAL Model) which was suggested by the General Assembly of United Nations by a resolution dated on 30th January,1997. It is the most important law in India dealing with Cybercrime and E-Commerce. The main objective of this act is to carry lawful and trustworthy electronic, digital and online transactions and alleviate or reduce cybercrimes. The IT Act has 13 chapters and 94 sections. The last four sections that starts from ‘section 91 – section 94’, deals with the revisions to the Indian Penal Code 1860.

The IT Act, 2000 has two schedules:

First Schedule –

Deals with documents to which the Act shall not apply.

Second Schedule –

Deals with electronic signature or electronic authentication method.

The offences and the punishments in IT Act 2000:

The offences and the punishments that falls under the IT Act, 2000 are as follows: –

Tampering with the computer source documents.

Directions of Controller to a subscriber to extend facilities to decrypt information.

Publishing of information which is obscene in electronic form.

Penalty for breach of confidentiality and privacy.

Hacking for malicious purposes.

Penalty for publishing Digital Signature Certificate false in certain particulars.

Penalty for misrepresentation.

Confiscation.

Power to investigate offences.

Protected System.

Penalties for confiscation not to interfere with other punishments.

Act to apply for offence or contravention committed outside India. Publication for fraud purposes. Power of Controller to give directions.

Important Sections And Their Punishments

Indian Penal Code 1860:

Sections 66B deals with 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.

And various other sections of IPC that deal with cybercrime such as:

Section 354C: It deals with the offence of voyeurism, where an individual watches or captures, or publicises the image of a woman engaged in a private Act without her consent. Under the provisions of this Section of IPC, such an offender or criminal is punished with imprisonment of 1 to 3 years and 3 to 7 years for first-time and second-time offenders respectively.

Section 419: This Section deals with fraud such as email phishing or committing the crime of password theft for impersonating and collecting data for personal benefit. According to this Section, “Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 500: It states that “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.” This means that any individual who sends abusive messages or defamatory content via email or any other electronic form is dealt with as per the provisions of Section 500 of the IPC.

Cyber Laws In India:

Over 44,000 incidences of cybercrimes are registered in India each year. In terms of cybercrime rates, Karnataka is the state in India that leads the other states. In India, the average cost of a data breach was USD 2 million, per a 2022 Statista analysis. The repercussions of data breach occurrences are reflected in this financial impact.

The Information Technology Act of 2000 and the Indian Penal Code are the two main pieces of legislation that govern cyber law in India. These legislative frameworks offer the rules and regulations required to combat cybercrime, safeguard digital property, and uphold people’s online rights. Indian cyber laws cover a wide range of cybercrimes, with two primary areas of focus: hacking computers and using them to perform crimes of different magnitudes. Additionally, Indian cyber law encompasses a comprehensive range of domains, such as intellectual property rights and privacy rights, among others.

Cyber law in India encompasses a broad range of subjects, although it is important to note that the list provided is not exhaustive. Similar concepts may also be addressed in other jurisdictions globally. The following outlines the various types of cybercrimes and the corresponding cyber law protections.

There are various other laws which deal with the cybercrime legislation other than IPC and IT ACT 2000

Information Technology Amendment Act 2008

• Information Technology Rules 2011
• National Cyber Security Policy 2013
• IT rules 2021
• Indian SDPI Rules 2011

Landmark Case Laws/Judgements On Cyber Crime

CBI v. Arif Azim (Sony Sambandh case)

A website called www.sony-sambandh.com enabled NRIs to send Sony products to their Indian friends and relatives after online payment for the same. In May 2002, someone logged into the website under the name of Barbara Campa and ordered a Sony Colour TV set along with a cordless telephone for one Arif Azim in Noida. She paid through her credit card and the said order was delivered to Arif Azim. However, the credit card agency informed the company that it was an unauthorized payment as the real owner denied any such purchase. A complaint was therefore lodged with CBI and further, a case under Sections 418, 419, and 420 of the Indian Penal Code, 1860 was registered. The investigations concluded that Arif Azim while working at a call center in Noida, got access to the credit card details of Barbara Campa which he misused. The Court convicted Arif Azim but being a young boy and a first-time convict, the Court’s approach was lenient towards him. The Court released the convicted person on probation for 1 year. This was one among the landmark cases of Cyber Law because it displayed that the Indian Penal Code, 1860 can be an effective legislation to rely on when the IT Act is not exhaustive.

2) Pune Citibank Mphasis Call Center Fraud

Facts: In 2005, US $ 3,50,000 were dishonestly transferred from the Citibank accounts of four US customers through the internet to few bogus accounts. The employees gained the confidence of the customer and obtained their PINs under the impression that they would be a helping hand to those customers to deal with difficult situations. They were not decoding encrypted software or breathing through firewalls, instead, they identified loopholes in the MphasiS system. Decision: The Court observed that the accused in this case are the ex-employees of the MphasiS call center. The employees there are checked whenever they enter or exit. Therefore, it is clear that the employees must have memorized the numbers. The service that was used to transfer the funds was SWIFT i.e. society for worldwide interbank financial telecommunication. The crime was committed using unauthorized access to the electronic accounts of the customers. Therefore this case falls within the domain of ‘cybercrimes”. The IT Act is broad enough to accommodate these aspects of crimes and any offense under the IPC with the use of electronic documents can be put at the same level as the crimes with written documents. The court held that section 43(a) of the IT Act, 2000 is applicable because of the presence of the nature of unauthorized access that is involved to commit transactions. The accused were also charged under section 66 of the IT Act, 2000 and section 420 i.e. cheating, 465,467 and 471 of The Indian Penal Code, 1860.

SMC Pneumatics (India) Pvt. Ltd. vs. Jogesh Kwatra

Facts: In this case, Defendant Jogesh Kwatra was an employee of the plaintiff’s company. He started sending derogatory, defamatory, vulgar, abusive, and filthy emails to his employers and to different subsidiaries of the said company all over the world to defame the company and its Managing Director Mr. R K Malhotra. In the investigations, it was found that the email originated from a Cyber Cafe in New Delhi. The Cybercafé attendant identified the defendant during the enquiry. On 11 May 2011, Defendant was terminated of the services by the plaintiff.

Decision: The plaintiffs are not entitled to relief of perpetual injunction as prayed because the court did not qualify as certified evidence under section 65B of the Indian Evidence Act. Due to the absence of direct evidence that it was the defendant who was sending these emails, the court was not in a position to accept even the strongest evidence. The court also restrained the defendant from publishing, transmitting any information in the Cyberspace which is derogatory or abusive of the plaintiffs.

3) Poona Auto Ancillaries Pvt. Ltd., Pune Versus Punjab National Bank, HO New Delhi & Others

Summary: In 2013, in one of the largest compensations 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.

4) Sharat Babu Digumarti vs State, Govt. of NCT of Delhi (Bazee.com Case, Appeal)

Summary: Petitioner was working as Senior Manager, Trust, and Safety, BIPL on the day when DPS MMS was put up for sale on Bazee.com. That is, the office responsible for the safety of the Portal, taking action on suspect lists when reported by our users, and block the user or close items listed accordingly. It was held that there is prima-facie sufficient material showing petitioner’s involvement to proceed against him for the commission of offence punishable under Section 292 IPC. Though he was already discharged of offences only under Section 67 read with Section 85 of IT Act and Section 294 IPC.

• Christian Louboutin Sas Versus Nakul Bajaj & Ora (Intermediary Liability as an E-commerce Operator – November 2018)

Great analysis of section 79 of IT Act, 2000 and the Intermediary Guidelines done by honorable Judge Ms Pratibha M Singh. Importantly, it lays down the circumstances, in which the Intermediary will be assumed to be abetting the sale of online products/services and therefore, cannot go Scott free. In the said matter, the Complainant, a manufacturer of Luxury Shoes filed for injunction against an e-commerce portal www.darveys.com for indulging in Trademark violation, along with the seller of spurious goods.

6) Anvar P.V vs P.K. Basheer & Others

An electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements under Section 65B are satisfied.

7) SC: Harpal Singh V. State of Punjab (2016) – Electronic Evidence [November 2016]

Apparently the prosecution has relied upon the secondary evidence in the form of printed copy of the call details, even assuming that the mandate of Section 65B (2) had been complied with, in absence of a certificate under Section 65B (4), the same has to be held inadmissible in evidence.

8) K. Ramajayam V. The Inspector Of Police

 If an electronic record as such is used as primary evidence under Section 62 of the Indian Evidence Act, 1872 the same is admissible in evidence, without compliance with the conditions in Section 65B of the Evidence Act. In this case, DVR which contains the information is before the Court.

9) Gaussian Network Pvt. Ltd V Monica Lakhanpal & Another (2012)

Whether there is any restriction on playing the Games of Rummy, Chess, Golf, Poker, Bridge, and Snooker of skill with stakes on the websites making profit and whether wagering and betting on games of skill make the activity “Gambling”, as covered under Rule 3 of Intermediary Guidelines.

10) Vyakti Vikas Kendra & other vs Jitender Bagga & Google (2012)-Art Of Living Foundation filed for interim relief against a blogger and the intermediary Google owned Blogger.com for cyber defamation. The latter was ordered to remove all the defamatory content within 36 hours.

Conclusion:

In conclusion, cybercrime is a pervasive issue with far-reaching implications for individuals and businesses alike. From financial fraud to identity theft, the threats are diverse and ever evolving. Protecting oneself from such crimes requires a proactive approach, including keeping systems updated, using secure internet connections, and being cautious with personal information online. Additionally, the implementation of cyber laws plays a crucial role in deterring and punishing unlawful online activity while safeguarding data privacy and intellectual property rights. In India, the Information Technology Act of 2000 and the Indian Penal Code form the backbone of cyber law, addressing various cybercrimes and providing legal recourse.

Cyber law plays a crucial role in addressing and deterring cybercrimes, providing legal redress and punishments for offenders. It contributes to creating a safer online environment, protects data privacy, regulates e-commerce, and safeguards intellectual property rights. Notably, in India, the Information Technology Act of 2000 and the Indian Penal Code are key legislative frameworks governing cyber law, addressing various cybercrimes, and providing legal remedies for victims.

The advantages of cyber law include protection against cybercrimes, data privacy, fostering a secure e-commerce environment, and safeguarding intellectual property rights. Furthermore, cyber laws aim to make the internet safer, guarantee fairness for victims of cybercrime, and secure data privacy, ultimately contributing to a more secure and robust digital sphere.

To protect against cybercrime, it’s crucial for individuals and organizations to understand cyber law, adhere to its protocols, and implement robust security measures to safeguard digital assets and privacy. By aligning with cyber law regulations, individuals and businesses can contribute to a secure and trustworthy online environment.

• References and citations

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Last visited on 29^th April 2024