1. RESEARCH PROGRESS
REPORT
JANUARY TO JUNE,2023
RAHUL JAIN
L22SOLP0013
PHD STUDENT SCHOOL OF LAW,
BENNETT UNIVERSITY
EMAIL ID.-L22SOLP0013@BENNETT.EDU.IN
2. CHAIRPERSON- DR. SUVIR KAPUR
SUPERVISOR- DR. BHABANI SONOWAL
CO-SUPERVISOR- DR. DAKSHA SHARMA
EXPERT FROM DEPARTMENT- DR. RUCHIR
SINGH
EXPERT FROM OUTSIDE DEPARTMENT- DR.
ADITYAANSU
RAC COMPOSITION
3. DETAILS OF COURSEWORK
S.N0 SEMESTER COURSE
CODE
COURSE
TITLE
CREDITS GRADE
1. 1 LSOL603L Law and Public
Policy
4 B+
2. 1 ESEA701L Research
Methodology-1
3 B+
4. Presentation of my thesis topic in class conducted under the supervision
of Dr. Nidhi Sinha.
Prepared the Literature review of 15 research papers for the tentative
thesis topic under guidance of Dr. Nidhi Sinha.
Prepared statement of problems on my thesis topic - “Cyber Crime
against Children The impact of technological advancement” given by
Dr. Debabrata Baral.
Assignment Done During
the Course work
5. Presented the topic – “Postcolonial Legality: A Postscript from India” in the
class in the supervision of Dr. Suman Luhach.
Given Presentation in the class on Theme- “ASER Report, 2023” under the
guidance of Dr. Amit Jha.
Prepared an assignment on topic- “UGC Guidelines related to Plagiarism
and UGC care” given by Dr. Sanjay Kataria.
Cont….
6. The impact of technology advancement on cyber crimes against children is
significant. With the increasing use of technology, children are exposed to a
wide range of risks such as cyber stalking, cyber morphing, cyber spoofing,
cyber bullying, cyber defamation, child grooming, cyber threatening, child
pornography, Identity theft, online child trafficking, online extortion, sexual
harassment, violation of privacy. These crimes can have a severe impact on
children's mental health and well-being leading to anxiety, depression, and in
extreme cases, suicide.
Moreover, the anonymity provided by the internet makes it easier for
perpetrators to commit these crimes without fear of being caught. The use of
encryption techniques and anonymous communication channels further
complicates the detection and prosecution of cyber criminals.
INTRODUCTION
7. According to National Crime Record Bureau (NCRB) data, there was an
increase of more than 125% in cases of cyber crime against children reported in
2021 compared to 2020. These cases included online offences and cases
involving the publication or transmission of materials depicting children in
sexually explicit acts. In total,1102 and 1376 cases of cyber crime against
children were registered in 2020 and 2021, respectively.
It is essential to educate children about online safety and raise awareness about
the potential risks associated with technology. Parents, guardians, and educators
must work together to ensure that children have access to safe online
environments and are equipped with the necessary skills to protect themselves
from cyber crimes. Additionally, law enforcement agencies should be equipped
with the necessary tools and resources to investigate and prosecute cyber
criminals effectively.
Cont…
9. Cyber Grooming: Cyber grooming is a cyber-threat that is faced by children
across the globe and not just restricted to India. Essentially, this is a threat in
which an individual attempt to develop an emotional connection with a child,
through cyber means. The individuals practice this through various cyber means
like social media, online gaming websites etc. The individual pretends to be a
child and this leads to the children trusting them eventually. After some period of
time, when the trust between the child and the imposter gets built, the imposter
gets the ability to take advantage of the child and use the child accordingly.
Cyber crimes against
Children
10. Cyber Bullying: Cyber bullying is another major aspect of the cyber threats
faced today. Essentially, it is an act of harassing other children by the use of
obscene, abusive language. This can be achieved by sending children hurtful
content. However, it can result in severely hampering a child’s confidence. It is
imperative to understand, that if cyber bullying of a child is not identified at an
early stage, it can result in far reaching consequences. Some of the consequences
being negative impact on the mental, and emotional health of a child. This can
therefore, severely hamper their growth.
Cont…
11. Child Pornography Child Pornography is a criminal offence that constitutes the
internet-related sex crimes and visual presentation of minor in sexually explicit
activity. It is offence which involves the electronic devices such as i-pad, mobile
phones, i-phones, digital cameras, photo editing software and web camera for the
development of naked and semi-naked pictures of minors and dissemination
through social networking sites. With the advancement in technology, the vulgar
videos or images of minor can be developed and circulated with less expense and in
higher quality and it can be duplicated and distributed easily. Due online nature of
offence, the culprit has a false sense of ambiguity.
Online Transaction Fraud: Though most of the children do not have their own
bank accounts. However, they frequently use their parents’ account for doing online
transactions for gaming, shopping, etc. Criminals use several fraudulent tactics like
calling to offer you benefits with fake identity etc. to steal money from the accounts
Cont…
12. Online Gaming: Online gaming, universally has now become a part of a child’s
daily activity. Further, online gaming is not just restricted to playing games, it has
due to technological advancements and accessibility, become a way for people
across places to share their thoughts while playing. It has emerged as a kind of
social media in certain ways. However, there is a tendency to not be careful while
connecting to people through online gaming, which can cause damage. Further,
there is a risk of getting affected by spams, viruses while installing the same.
This can lead to cyber bullying through the use of coarse language, infringement
of children’s privacy since a lot of personal information is uploaded and it can be
misused, and this may also incur online transaction frauds.
Cont…
13. Online offences against children are covered by Several pieces of legislation
The principal statute in India dealing with cybercrimes against children and
adults is the Information Technology Act, 2000 under section 67-B 67, 67-A,
66E, 66C, 66D , 43A . The different rules that have been framed under it serve
to supplement it.
Protecting children from sexual offences (POCSO) Act, 2012 is a vital piece
of law that explicitly handles sexual offences perpetrated against minors.
Child pornography, cyber bullying, cyber defamation, cyber grooming, cyber
hacking, identity theft, online child trafficking, sexual harassment and
violation of privacy are all criminalized by POCSO under section
11,12,13,14,15.
Laws Related to online
offences against children
14. None of the provisions of IPC specifically deals with cybercrimes committed
against children. However, the IT Act runs parallel to some of the provisions
from IPC which penalizes certain forms of cybercrimes, including those in
relation to: financial frauds, online cheating, forgery, obscenity, cyber stalking,
sexual harassment, voyeurism, criminal intimidation.
In some situations, the applicable provisions of the IPC, POCSO, and the IT Act
overlap, and an accused may be charged with a number of offences. Anyone
found guilty under one, two, or all three acts is sentenced to the most severe
penalty.
Cont…
15. The researcher has reviewed the following literature related to the proposed
thesis topic till yet:
1. How to protect your children on the Internet : A roadmap for parents and
teachers by Gregory S. Smith This book is intended for parents of children
aged 8 to 17 who have access to the Internet, as well as for the
educators who work with these youngsters. It is possible that the Internet
and the technology that allows for online interaction and access to a wide
range of content will be harmful to youngsters. The risks are genuine, and
today's parents are faced with many perils that they are unaware of.
Simply said, the goal of this book is to raise awareness about the dangers
of the Internet by revealing some recent real-world catastrophes, as well
as to provide a practical strategy and road map to assist parents
safeguard their children from the dangers of the Internet.
Literature Review
16. 2. Information Technology: Law and Practice by Vakul Sharma Cyber laws
related to information technology, as mentioned in Vakul Sharma's book
"Information Technology: Law and Practice," are addressed in this text. His work
is easier to understand due to the abundance of real-world examples included in
his writing. He has done an extensive research on the question of jurisdiction in
the world of the internet and all the offences that are criminal under the
Information Technology Act. in order to explain these principles and decide on
jurisdiction on an international level, he has addressed numerous concepts
including the territorial principle, nationality, protective principle, passive
personality principle, effects principle, and universality principle. For the topic of
extradition for cyber offenders, he has emphasized on the problematic subject of
jurisdiction regarding cyber crimes. He has done a wonderful job by analyzing
the court decisions in order to ascertain the real purpose of the legislation behind
the passage of Act.
Cont…
17. To assess and comment on the duties and capabilities of the Controller of
Certifying Authorities, Adjudicating Officers, and Police officers under the
Information Technology Act, he has performed a thorough examination.
3. Protection of Children on Internet By Karnika Seth In the past two
decades, the development of information technology in India and other countries
has been remarkable. It has resulted in a shift in the way we communicate,
engage, do business, and seek and exchange information and expertise on the
internet. This book focuses on how the Internet affects children and why it is a
major issue for law enforcement, internet service providers, parents, educators,
and children themselves.
Cont…
18. 4. Cyber Crimes, Electronic Evidence and Investigation: Legal Issues by
Vivek Sood In his book, Vivek Sood proposes a number of methods for
combating cybercrime. He claims that since cybercrime is a technology-based
crime, the appropriate response is security technology. Some of the most widely
used security technologies are firewalls, anti-virus software, and anti-intrusion
systems. He came to the conclusion that the greatest cybercrime slogan is
"defend yourself." To confront cybercriminals and bring them to justice, he
believes that real collaboration between law enforcement authorities inside the
country and across countries is also required. In addition, he advocates for the
reinforcement of expatriation accords and their execution as necessitate in the
digital era.
Cont…
19. 5. Steven Hick and Edward Halpin in his Article “Children's Rights and the
Internet” (The Annals of the American Academy of Political and Social Science,
2001) explains the impact of the internet on children's rights around the world. It
examines both the negative and positive impacts of the internet on children's
rights, including the proliferation of child pornography and the use of the internet
by child advocates to promote and protect the rights of children.
6. Keith F Durkin and Ronald Lee DeLong in his Article “Internet crimes
against children” (Ohio Northern University & University of Dayton, 2012)
explains the sexual victimization of children online as the most prominent
manifestation of this phenomenon and discusses the two main forms of this
behavior, which involve using the internet to traffic and collect child
pornography and adults soliciting minors for sexual purposes online. In his
article they also discusses the subcultural network of pedophiles and other adults
with a sexual interest in minors that has been made possible by the internet.
Cont…
20. 7. Gagandeep Kaur in his article “Cybercrimes against Children in Digital
Age: Prevention & Precautions in India” (University of Petroleum & Energy
studies, 2021) tackles the issue of online crimes against children in India and the
reluctance of parents and children to report such crimes due to fear of
victimization and damage to family reputation. It also highlights the need for
awareness and safety measures among parents, schools, and students to combat
child online victimization.
8. Madhu Kumari in his Article “Cyber Crime and Children in Digital Era”
(Department of Journalism and Mass Communication, Banasthali Vidyapith,
Rajasthan, India, 2021) explain the legal intervention, effects on victims,
punishment, and preventative measures for a broad range of cybercrimes. In her
article she also suggests various measures to control cybercrime against
children, such as educating children about digital literacy, enhancing the digital
skills of teachers, and safeguarding children's privacy and personal information.
Cont…
21. The present legal mechanisms for aggressive Cyber Crimes linked to children
is not competent a sufficient amount to offer proficient treatments.
The Information Technology Act of 2000 appears to be inadequate and
ineffective for addressing the recent changes in the cyberspace, particularly
the increase in cybercrimes against children in India.
Due to the Legal, Technical, Jurisdictional and Operational issues and
challenges in regulating cybercrimes against children may cause difficult task
to the authorities to detect and prosecute Cyber Criminals.
Hypothesis
22. Whether the existing provisions for dealing with the problems of cybercrime
against children are adequate or if some changes are required?
Whether a separate laws or provision is needed to deal with special types of Cyber
Crimes notably, which is not mentioned in I.T Act?
What are the challenges faced by law enforcement agencies in investigation and
prosecuting cyber crimes against children?
How can technology be used to prevent and detect cyber crimes against children?
What are the risk factors that make children vulnerable to cyber crimes?
Research Questions
23. Understanding the evolution of Cyber Crime in India.
To research the rapidly expanding of Cyber Crime against children.
To observe the cyber laws which are related to children in India and to find
out the loopholes in the law if there is any,
To figure out the role of government for the handling and protection of Cyber
Crime against children and find out the steps which should be taken by the
government for checking Cyber Crime against children in India.
To learn about international efforts to reduce the threat of cybercrime against
children.
Objectives of the study
24. To evaluate the judiciary's contribution to the prevention of cybercrime against
children in India.
To strengthen and protection regarding Cyber Crime in IT law, POSCO Act, and
IPC deeply focused on relevance in each aspect of offences.
To know the gravity of Cyber Crimes adjacent to children under several laws in
India.
Cont….
25. This research study is based on an analytical study, and the traditional Doctrinal
Research Methodology was used. As a result, the explicative, exploratory,
exploratory, descriptive, and doctrinal research methods were utilized. The data for
research study came from secondary information resources. The data used in this
study came from a variety of sources, some of which are included in the Reference
section, including libraries, newspapers, papers, journals and internet sites.
a. The explicative Methodology was used to determine the nature and scope of the
research topic. This model was used to investigate the nature of Cyber Crime
against children.
b. The exploratory methodology is used to revise recently evolving thoughts,
theories, and principles.
c. The descriptive model help to recognize the status of interaction and the way that
how the laws shield the children victims of Cyber Crime.
Research Methodology
26. d. Doctrinal Research is used to get support during the analysis of legislation, case
laws, and judicial pronouncements in order to establish new principles.
e. Empirical research is used to determine how the law affects people.. For that
reason researcher used the data from NCRB (National Crime Record Bureau)
Cont….
27. 1. Introduction
2. Evolution and conceptual development of Cyber Crime– An overview
3. Legislative Framework of Cyber Crimes against children: An Assessment
4. Certain forms of Cyber Offences against children with case study
5. International legal regime relating to cyber crimes against children
6. Judicial Approach towards Cyber Crime against children
7. Conclusions and Suggestions
Proposed Chapterization
.
28. Continue with Literature Review of my thesis and prepare synopsis of the same.
Writing and Publication of my article on “COMPARITIVE ANALYSIS
BETWEEN MITAKSHARA AND DAYABHAGA ANCIENT SCHOOL OF
INDIAN JURISPRUDENCE” in UGC Care/Peer reviewed journal.
To Target Research Paper presentation on National and International Seminar.
To target and work on some good conferences for research purpose.
Tentative Research Plan
.
