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Editor-in-Chief
DR.DILIPKUMAR A. ODE
Redshine Publication
Associate Editors
ABHISHEK SHARMA P.
DR. AYAN DAS GUPTA
KHWAIRAKPAM GOUTAM SINGH
Co-Editors
YOGESHKUMAR A. ODE
DR.BIRAJLAKSHMI GHOSH
N.RENUKA
PRASANTA MUJRAI
S W E D E N | L O N D O N | I N D I A
Cyber Crime and Cyber
Laws in India
Cyber Crime and Cyber Laws in India
Edited by: Dr.Dilipkumar A. Ode, Abhishek Sharma P., Dr. Ayan Das Gupta,
Khwairakpam Goutam Singh, Yogeshkumar A. Ode, Dr.Birajlakshmi Ghosh,
N.Renuka & Prasanta Mujrai
■
RED’SHINE PUBLICATION
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Call: +46 761508180
Email: info.redshine.se@europe.com
Website: www.redshine.se
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RED’MAC INTERNATIONAL PRESS & MEDIA. INC
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Text ©EDITORS, 2022
Cover page ©RED'SHINE Studios, Inc, 2022
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All right reserved. No part of this publication may be reproduced or used
in any form or by any means- photographic, electronic or mechanical,
including photocopying, recording, taping, or information storage and
retrieval systems- without the prior written permission of the author.
■
ISBN: 978-91-987582-8-3
ISBN-10: 91-987582-8-4
DOI: 10.25215/9198758284
DIP: 18.10.9198758284
Price: kr 100
First Edition: February, 2022
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The views expressed by the authors in their articles, reviews etc. in this
book are their own. The Editor, Publisher and Owner are not responsible
for them. All disputes concerning the publication shall be settled in the
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www.redshine.se | info.redshine.se@europe.com
Printed in Stockholm | Title ID: 9198758284
Topics:
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DR. DILIPKUMAR A. ODE
(M.A., M.Phil., M.Ed., Ph.D)
Editor- in- Chief
Redshine Publication
Dr. Dilipkumar A. Ode M.A.,
M.Phil(Eco)., M.Ed.,Ph.D (Eco) Has Had
His Higher Education From Sadar Patel
University, M.K.Bhavnagar University &
Veer Narmad South Gujarat University.
He Has 6 Years Teaching Experience at
UG & PG Level.
He Published 11 Books on Economics. He Published 17
Papers in International Journal, Attended and Presented 9
Papers in State Level Seminar, 18 Papers in National Level
Seminar And 6 Papers in International Level Seminar. He Has
Attended Workshop /Webinar More Than 100. Chief Editor in
RedShine Publication and Published More Than 57 Books. His
Main Areas of Specialisation in Macro and Micro Economics,
Labour Economics and International Trade & Public Finance.
About Associate Editors
ABHISHEK SHARMA P.
Assistant Professor of Law,
School of Law
CHRIST (Deemed to be University)
Bangalore (Karnataka)
Abhishek Sharma P. works at
School of Law, CHRIST (Deemed to be
University), Bangalore as Assistant
Professor. He has completed LL.M.
(Masters of Laws) in Constitutional and
Administrative Law from Bangalore
University by securing 1st Rank and a
Gold Medal in the University Exams.
He has qualified UGC National Eligibility Test for Assistant
Professor. He has pursued B.A. LLB from Karnataka State Law
University and secured 3rd Rank in the University Exams. He
is currently pursuing his PhD on the topic DNA Profiling
Evidence in Criminal Trials. He has authored book on
Sedition and Free Speech in India and has edited books on
Education Systems in India and Environmental Governance in
India.
Constitutional Law, Labour Laws, Forensics and Law of
Torts are his areas of research and academic expertise. As an
Editorial Board member on various Journals of repute, he
reviews the Scholarly Articles and advises Journals on their
publication. He has presented Research and Reviews Articles
at various prestigious Conferences/ Seminars and has
received accolades for his presentation of the research
findings. Research/ Review Articles authored by him are
published as Chapters/ Monographs by institutes of repute.
DR. AYAN DAS GUPTA
M.Sc. in Geography (Gold Medalist), Ph.D (Cal)
WBES, Assistant Professor,
Postgraduate Department of Geography,
Chandernagore Govt. College
(Affiliated to University of Burdwan),
Hooghly, West Bengal, India 712136
Dr.Ayan Das Gupta has
Completed his Ph.D from CU in 2014
on Urban Geographical Management
and Planning and he has given total
service of 14 years in the
Postgraduate Departments of two
reputed Government Colleges in WB,
one of which is the Krishnagar
Government College, Nadia and the
rest one is the Chandernagore
Government College, Hugli. He has to his credit, total 16
publications including writings in Journals and Books of
National and International Reputes. One Minor Research
Project he has completed and Grant was received then, from
the esteemed end of the University Grants Commission. Right
now he is carrying on one Major Research Project and that's
received from the State DSTBT, GoWB. He has supervised
total 55 Master-level Theses or Dissertations till date. He has
extended lectures in total 62 Seminars and Symposiums of
National and International Levels. He has Life-membership
and Editorial Membership of total 6 National and
International Level Journals.
KHWAIRAKPAM GOUTAM SINGH
(M.A. (DU), UGC-NET JRF, Ph.D. (Pursuing)
Ph.D. Scholar
Department of Political Science
Mizoram University, Aizawl (Mizoram)
Mr. Khwairakpam Goutam
Singh has completed his Master's
Degree from the Department of East
Asian Studies, University of Delhi. He
has qualified UGC-NET JRF in
International and Area Studies, UGC-
NET in Political Science and
Geography. He has passed the TET,
Teacher Eligibility Test conducted
by the Board of Secondary Education
Manipur. Right now, he is pursuing a Ph.D. in the Department
of Political Science, Mizoram University. He has a keen
interest in Area Studies, International Relations, and Political
Studies. He has teaching experience (one academic session)
at the international school and also has working experience
in some corporate sector. He has published four book
chapters in the reputed books and four book reviews in the
international journal. He has attended more than 30
workshops/conferences/webinars. He has participated and
presented papers in various national and international level
seminars/conferences and workshops. He was also
represented as a session speaker (Resource Person) at the
international seminar.
About Editors
YOGESHKUMAR A. ODE
B.Com., LLB (Advocate)
Owner of Yogeshode Associat & Co.
Mr Yogeshkumar A. Ode
completed has B.Com, LLB from Gujarat
University.
He has 6 Year Advocate Practice
experience of Civil and Criminal Side at
District and Sessions Court, Nadiad
(Gujarat)
He is 42 and more Companies panel Advocate in
District Consumer Commission, At Kheda @nadiad. He has
Face many Criminal matter and get positive Result in Talk of
the town Criminal matter. He is Also Know Cyber law and
Digital Evidence.
DR. BIRAJLAKSHMI GHOSH
Principal,
Gholdigrui Sikshan Mandir, Hooghly (West Bengal)
Dr.Birajlakshmi Ghosh is a
commandable scholar and writer in the
field of Education in India.She worked
as Assistant Professor of Political
Science Satsuma College, Kolkata,West
Bengal.She worked as Assistant
Professor of Political Science Method in
Krishnanagar B.Ed College.Since 2012
She work's as Principal at B.Ed
Department of Gholdigrui Sikshan Mandir,B.Ed and D.El.Ed
College.
She has More than 17Yers Teaching Experience in
General and Teachers Training College.
She has done her M.A in Political,B.Ed. And M.Ed from
University of Calcutta.She obtained M.A in Education And
Ph.D in Education from University of Kalyani.
She has Published 19 Books in the field of
Education.She has Research Article in ISSN Peer Reviewed
Journal.She Has Attained and Presented paper in State,
National and International level Seminar, Workshop.
She worked as Head Examiner and Examiner and Paper
Setter in Calcutta University, Kalyani University, Burdwam
University, Shidhu-Kanu-Birsha University and West Bengal
University of Teacher's Training Educational Planing and
Administration.
Inspite of that she is working different Projects on
Environmental Protection
N.RENUKA
Research Scholar
Department of Law
University of Technology, Jaipur (Rajasthan)
Mrs.Renuka, possess a
strong academic track record, she
is a PhD Research Scholar in the
Department of Law from University
of Technology, Jaipur. She has
done her Bachelors in Law from
Osmania University, Hyderabad.
She has secured University 6th Rank
in BA LLB and a topper in the
college. She completed her
Masters in Law (Scored First Class)
with Specialization in Mercantile Law from Osmania
University. She has done Diploma in Personnel Management
and Industrial Relations and P.G Diploma in Cyber Laws,
Legal Information Systems and IPR’s (from the First batch in
whole of South East Asia) from Hyderabad Central University
with Distinction. She has completed Bachelors of Education
from Bangalore University with Outstanding performance.
She is a winner of many Commendable and Highly
Commendable titles in essay writing competitions held by
“Competitive success Review (an All-India Magazine).
She has 9years of corporate experiences in various
fields of Law and 3 years of teaching experience. She has
also participated and presented paper at International
Conference. She has published research paper in reputed
Journals and chapters in edited books. She received
Research Excellence Award – 2020. Her fields of interests are
Law of Contracts, Cyber Laws, Intellectual Property and
Environmental Law.
PRASANTA MUJRAI
Ph.D Research Scholar
Department of Geography and Environment Management
Ramakrishna Mission Vidyabhavan (H.S),
Midinapur (West Bengal)
I Am Research Scholar
(Ph.D.) Of Shri Jagdishprashad
Jhabarmal Tibrewala University,
Jhunjhunu, Rajasthan, And I Also
Qualified Nta Ugc Net (Two
Times). I Have Currently Working
at Ramakrishna Mission
Vidyabhavan (H.S) As an
Assistant Teacher of Geography.
I Have More Than 12 Years of
Teaching Experience.
I Have Also Published Above 30 Book Chapters in The Field of
Geography, Environment, And Many Current Topics and
Published Many Research Articles in National and
International Journals.
I Have Also Attained State; National and International Level
Seminars, Webinars, And Workshops.
INDEX
No. Title Author(S) Page
No.
01. Rethinking Cyber Crime
Investigation and
Prosecution in India – Need
for Reforms
-Abhishek
Sharma P.
02. Protection of Women and
Children in Cyberspace
-N.Renuka
03. Cyber Violence and
Victimization of Women:
An Overview
-Gitashree
Sharma
04. Nature, Scope of
Cybercrime and Its
Classification
-Prasanta
Mujrai
05. Emerging Trends in Cyber
Crimes: Issues & Concerns
-Sajith S
06. Issues And Challenges
Associated with Cybercrime
and Fraudulence in The
Spectrum of Information-
Technology – A Qualitative
Estimation
-Dr. Ayan Das
Gupta
07. An Analysis of Cybercrime
on Social Media Platforms
and Its Challenges in
Current Scenario
-N. Hariharan
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 1
DIP: 18.10.9198758284.001
RETHINKING CYBER CRIME INVESTIGATION AND
PROSECUTION IN INDIA – NEED FOR REFORMS
ABHISHEK SHARMA PADMANABHAN.
Assistant Professor of Law,
School of Law
CHRIST (Deemed to be University)
❖ ABSTRACT:
ICT is utilised not just by ordinary people, but also by criminals and
terrorists to perpetrate crimes. We have not placed enough focus on
Computer forensics, as well as on the investigation and prosecution of
Cyber Crimes. The time has come, however, when we can no longer turn
a blind eye. Dedicated Computer forensic laboratories must be equipped
with sufficient qualified personnel, the most up to date equipment, and
the best software available on the market today. To effectively present
electronic evidence, there is an urgent need for public prosecutors to
receive specialised training in this area. This foundation is essential for
the development of the country's e-commerce, e-government, and
information technology sectors.
Keywords: Computer forensics, criminal justice system, Cyber Crime,
forensic laboratory, National e-Governance Plan
1) ROLE OF E GOVERNANCE IN CRIMINAL JUSTICE
SYSTEM:
There has been a rapid rise in the use of Computers, Mobile phones,
Personal Digital Assistant (PDAs), and other electronic gadgets, as well as
of the Internet and other communication technologies, over the last several
years. The tools of information and communication technology (ICT) are
now inexpensive and within reach of the average person. Computers and
other electronic gadgets are now commonplace. Nonetheless, ICT is being
utilised not only by regular people to manage the complexities of modern
life, but it is also being exploited by hardened criminals and terrorists to
perpetrate illegal activity. It seems that it is quite easy to commit crimes as
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 2
illegal, criminal, and terrorist acts are all being carried out with the aid of
ICT. More often than not, the border between inventive innovations and
horrific crime is imperceptibly thin in cyberspace. People commit crimes
in cyberspace that they would not commit in the real world because of the
seeming anonymity. The majority of cyber-crimes reported to the Police
are related to forgery, fraud, criminal breach of trust, obscenity, hacking,
tampering with systems, violation of confidentiality, intellectual property
rights, piracy, propagating hatred, identity theft, and wardriving, among
other things..
In relation to the E-governance activities in India, the National e-
Governance Plan (NEGP) serves as the general framework. The Mission
Mode Projects (MMPs) are a way for NeGP to focus on computerising
different parts of governance by making them more computerised.
However Computer Forensics has received less attention and the questions
relating to relevancy and admissibility of Electronic Evidence in Torts and
Civil disputes have not yet been answered. Electronic evidence disputes
will become more prevalent as MMPs mature and other e-governance
efforts grow in popularity. In both Civil and Criminal proceedings, this
will be the standard procedure to be followed. The Government cannot
afford to overlook the Criminal Justice system, which is the most essential
Sovereign duty of the Government. A critical component of the MMP on
e-Police and e-Court is Computer Forensics, which has been overlooked.
There must be effective Cyberspace Policing and the Police must be able
to manage electronic evidence in both Cybercrimes and traditional crimes
if the IT industry is to thrive. In any case, people should not be subjected
to unwarranted restrictions on their use of ICT tools, and they should not
have their daily lives disrupted in the name of security.
2) COMPUTER FORENSICS AS A TOOL TO COMBAT
CYBER CRIMES IN INDIA:
Electronic devices are either the objective or the means of committing
a Cybercrime in Cyberspace, or they are used as a byproduct of a
Cybercrime. The vast majority of Cybercrimes are not in any way
different from the other crimes, as the main difference is that the Evidence
is often in Electronic form, or that the tools used to perpetrate the crimes
are ICT tools. The truth is that the vast majority of Crimes committed
nowadays contain some element of Technological evidence, such as phone
conversations and text messages as well as emails and computer files,
among other things, The majority of Cybercrime cases in India are
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 3
prosecuted on the provisions of the Indian Penal Code, 1860 (IPC) and
Laws on Economic offences, with just a small number being prosecuted
under the Information Technology Act 2000 (IT Act). In contrast,
provisions in the IT Act enable the admissibility of electronically stored
information in legal proceedings.
The Cybercrime is not constrained by Geographical limits to take
place and it is now widely acknowledged that Information warfare poses a
National Security concern. In fact, the term "IT disaster" is one of the
latest contributions to the list of man-made disasters. This demonstrates
the urgent need for real-time International cooperation to combat
cybercrime. There must be recognition of computer forensic investigations
conducted by foreign countries in the domestic legal system.
In order to avoid negative publicity and client distrust, many
Businesses choose not to notify the Police when their networks are
attacked. Additionally, Businesses fear that Authorities may take their
servers and that they would fall into the hands of Government officials for
an extended period of time, resulting in significant financial loss.
However, brushing the matter under the rug will only serve to increase the
confidence of offenders. This new technology has impacted society and
crime patterns, hence the Criminal justice system must be re-evaluated to
deal with the new technology's effect on society and crime patterns.
Computer Forensics, also known as Digital forensics or Cyber
Forensics, has emerged as a new field because of the increasing
prevalence of evidence in electronic form in even the most minor of
crimes. It is the analysis of computer devices, networks, routers, volatile
memory, digital cards, telephone call records, and geographic information
with the goal of accumulating evidence against criminal activity or civil
violation and presenting it in court of law. Live data (such as Internet
Messaging or RAM's volatile memory) and recorded data (such as hard
drive files) are both subjected to examination in this process. This includes
speaker identification, video authentication, email tracing, and the search
for deleted files on laptops and other devices, as well as the decoding of
passwords and steganography (to decipher concealed communications).
Server memory can now reach terabytes, therefore photographing the
complete memory of the server is not always feasible. Server and router
log files are critical to the computer forensic investigation. Data recovery
and forensics investigations rely on the cooperation of server and network
administrators, who may be based in the same country or abroad.
There has been a lot of interest in Computer Forensics in the last
several years. In contrast to traditional Crime investigation, there is no
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 4
detailed manual or standard operating procedure (SOP) that the
investigators can use to help them in Cyber Crimes. It is necessary to have
special skills and abilities to conduct a search and seizure of electronic
devices and evidence. Damage to or tampering with evidence may occur if
electronic evidence is not recorded and preserved properly. The
Investigators may be held liable if they engage in improper or unlawful
surveillance. Many of the tools utilised by the investigators are not even
validated, owing to the fact that ICT is a complicated and continuously
evolving sector. This means that Cybercrime investigators may employ
technologies whose legitimacy cannot be verified through a formal legal
process in their preliminary inspections.
There is no doubt that most Cyber criminals are highly educated and
highly professional, probably even better educated and more
technologically sophisticated than most Police officers. A variety of Anti-
forensic tools and techniques are employed to keep them hidden from
discovery by Forensic software. Strong encryptions and locks are used in a
wide range of software products that are difficult to break. Criminals hide
behind such barriers to avoid detection.
3) TECHNOLOGICAL DEFICIT IN CYBER CRIME
INVESTIGATIONS AND PROSECUTIONS:
The investigation and gathering of Evidence in the Criminal Justice
system will be of little value unless the Prosecution is able to secure the
conviction of the accused in question. If the investigating agency fails to
prosecute the accused, it damages its reputation and raises questions about
its motives and capabilities. Conviction in Cybercrime is seldom an easy
or straightforward process. All of the evidence in some Cybercrimes may
be electronic, without any physical proof or human witnesses. The
Computer Forensic examiner will, of course, be the observant witness in
this case. Accordingly, the accused can challenge and question whether
Electronic evidence is admissible, reliable or legitimate. Electronic
evidence must be admissible, authentic and reliable in order to be
admissible in court, and the forensic examiner must prove this.
There are Computer Forensic cells in the Central Forensic
Laboratories (CFSLs) and General Examiners of Questioned Documents
(GEQDs) in Chandigarh, Hyderabad, Kolkata, and Shimla, as well as the
CFSL CBI in New Delhi. Most states have Computer forensic units,
although they are heavily reliant on the Computer Forensic cells at the
Central Laboratory. Despite the fact that State Governments are supposed
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 5
to deal with Cyber-Crimes, they lack the resources to properly investigate
them. In India, the reports of Central Laboratories are frequently accepted
by the courts. For the purposes of scientific examination, the Code of
Criminal Procedure, 1973 (CrPC) acknowledges only a limited number of
labs. The strain on Central Computer Forensic Laboratories has grown
much too large as the number of Cybercrimes increases by great strides.
As part of their duties, Digital Forensic Examiners must appear in court
and be cross-examined. They must also produce written reports to the
appropriate authorities. The capacity for handling Digital Forensic
Examination cases per examiner each year, on the other hand, remains
constant, resulting in a backlog of cases to deal with. The Prosecution's
ability to bring charges and secure the accused's custody is jeopardised if
forensic examinations are delayed. Computer Forensic Labs are in dire
need of a massive expansion since they lack the staff and resources to
handle even the most basic of demands. The prosecution of Cyber-Crime
cases will be significantly hampered in the near future if the expansion
does not occur soon. It is also necessary to update laboratory equipment
and replace outdated ones.
The growing number of Cybercrime cases is overwhelming the Central
Forensic laboratories, and it is critical that State Governments increase the
expertise to deal with cybercrime. There should be a Computer Forensics
Cell at the District and State levels. For Digital Forensic Investigation, the
Central Laboratories can standardise equipment, toolkits, and software as
well as the Forensic Examination technique. The Central laboratories may
certify State Government technicians on a regular basis. Legally, this will
make it easier for States to conduct Digital Forensics and submit evidence
in Court. As a matter of course, the examiners will seek legal authorization
pursuant to Section 45 of the Indian Evidence Act, 1872 and Section 293
of the Cr PC. It is necessary to increase the number of police who are
authorised to look for Cyber Criminals under Section 80 of the IT Act. A
Public-Private Partnership (PPP) may be necessary in this industry
because the Private sector is better at absorbing new technologies.
4) CONCLUSION:
Our Social and Economic well-being has been impacted by the ICT
revolution, but so has the Criminal Justice system. Inevitably, Cybercrime
will become more ubiquitous as it has and is happening in the world, it has
and is happening. In order to deal with the looming predicament, we must
prepare our Criminal Justice system. Computer Forensic Laboratories now
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 6
lack the staff and resources to meet even their most basic needs and a
revamp of the system is required.
Experts and the most up-to-date technology and software must be
employed in Computer forensics laboratory. The upgrading of the police
force must include computer forensics. In addition, Public Prosecutors
must be taught to present Electronic Evidence in a sound manner and to
argue the case in Cyber-Crimes. The development of ICT in the country
will be severely affected if we do not successfully combat Cybercrime,
bring offenders to Justice, and maintain a tight rein on Cybercrime. It will
have a negative impact on our efforts in E-commerce and E-governance.
❖ REFERENCES:
1. Ashley Brinson, Abigail Robinson, Marcus Rogers, a cyber-forensics
ontology: Creating a new approach to studying cyber forensics, Digital
Instigation, Elsevier, 2006
2. Barkha, Mohan UR. Cyber law and crimes. IT Act 2000 and Computer
Crime Analysis. 3rd ed. 2011. p. 1-8
3. Benjamin Turnbull, Jill Slay, Wireless Forensic Analysis Tools for use
in the Electronic Evidence Collection, IEEE Proceedings of the 40th
Annual Hawaii International Conference on System Sciences-2007
(HICSS’07)
4. Gupta AK, Gupta MK. E-governance initiative in cyber law making.
International Archive of Applied Sciences and Technology. 2012 Jun;
3(2):97-101.
5. Ibrahim M. Baggily, Richard Mislan, Marcus Rogers, Mobile Phone
Forensics Tool Testing: A Database Driven Approach, International
Journal of Digital Evidence Fall 2007, Volume 6, Issue 2
6. Information Technology Act 2000. Available from:
http://www.dot.gov.in/act-rules/information-technologyact-2000
7. Juneed I. Bilal M. 2017. Cyber crime in India: Trends and Challenges.
International Journal of Innovations & Advancement in Computer
Science, 6(12): 2347 – 8616
8. Policing cyber crimes: Need for National Cyber Crime Coordination
Centre. 2016. Available from: http://www. orfonline.org/expert-
speaks/policing-cyber-crimes-needfor-national-cyber-crime-
coordination-centre/
9. Rastogi A. Cyber Law, Law of Information Technology and Internet.
1st ed. Lexis Nexis; 2014. p. 1-17.
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 7
DIP: 18.10.9198758284.002
PROTECTION OF WOMEN AND CHILDREN IN
CYBERSPACE
N. RENUKA
Research Scholar
Department of Law,
University of Technology, Jaipur, (Rajasthan)
❖ ABSTRACT:
Someone rightly said “For every lock there is someone out there
trying to pick it or break in”. Usage of new technology is not only
paving a way to a new way of life, but also is paving new ways to new
crimes. While men and adults are also victims of these crimes, women
and children are soft targets and easily become victims of many crimes,
one such is cybercrime, which has increased more in these pandemic
situations. Due to the fact that life has taken a drastic change overnight
becoming online, right from education to work, its seen 400% rise in the
cyber crime cases seen in the recent dates.
Keywords: women, children, cyber-crime, cyber space, protection, laws
❖ INTRODUCTION:
“As the World is increasingly interconnected, everyone shares the
responsibility of securing cyberspace” - Newton Lee
“Any unlawful act where a computer or communication device or
computer network is used to commit or facilitate the commission of
crime” is a cyber crime. There are different forms of cyber crimes
encountered by women and children in the present situation, few are them
cyber stalking, sextortion, cyber hacking, cyber-bullying, phishing,
pornography, cybersex trafficking, sexual abuse of children, child
grooming.
Steps to be taken to avoid cyber crimes and to protect women and
children from predators
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 8
Prevention is better than cure, we need to
• Secure our devices by - using (passwords, anti-virus, anti-
spyware), keeping software updated, using authentic sites to
download software, not using public wifi, by encouraging using
strong passwords, and multi-factor authentication, managing
browser settings to provide optimal security, Disabling Bluetooth,
location etc. when not in use, giving minimal permissions to apps,
by reviewing privacy settings on social media and by keeping
phones locked when not in use.
• We need to be more vigilant by - not falling for phishing click
bait (message/email from unknown sender, prizes, bonus etc.), not
responding to friend requests from unknown senders on social
media, being careful about the personal details being shared online
(limit as much as possible), not sharing any bank details, mobile
numbers, etc. – banks and other authentic institutions never ask for
such details, staying vigilant about any suspicious bank activities –
knowing how to block ATM cards/credit cards in case of any
suspected frauds, being careful about using any and every
eCommerce site – choose COD and avoid paying online if not sure
and by being careful and managing appearances on video calls
• Need to be resilient - If bank fraud is suspected, contact the
bank’s local branch or relationship manager immediately. Block
ATM card/credit cards, filing an FIR, filing a cyber complaint -
National Cyber-crime reporting portal
https://cybercrime.gov.in/, National Commission for Women
(NCW) – registering complaints through emails ncw@nic.in,
complaintcell-ncw@nic.in, talk to family and friends and don’t
hesitate to ask for support.
❖ FOR CYBER BULLYING OR HARASSMENT:
1. Assuring the kid about their safety
2. Listening to them carefully, without judging
3. Enhancing privacy settings on social media apps
4. If the bully is from the school, raising the issue with the school
authority
5. If there are threats to life, raising a police complaint
6. Also, capturing all the necessary evidence that can support the
complaint
7. Creating a supportive environment at home
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 9
8. Helping the child to mentally heal through counseling and other
means
❖ REPERCUSSIONS OF CYBER CRIME:
Mental & Psychological Repercussions
Any victims generally undergo a psychological problem which brings
them to experience suicidal and many other thoughts as a means of
escaping the torture. Some of the mental and psychological issues are -
• Depression and anxiety - victims of cybercrime may succumb to
anxiety, depression and other stress related conditions. It also can
increase feelings of worry and isolation.
• Low self-esteem - Targets feel intense dissatisfaction with who
they are. As a result, they can begin to doubt their worth and
value. Children have an intense psychological need to be part of
and accepted by a peer group, it may also cause psychological
maladjustment, reduced wellbeing and ultimately low self- esteem.
• Suicidal thoughts and self-harm - sometimes targets respond to
their intense feelings by harming themselves in some way.
Children that are constantly tormented by peers through text
messages, instant messaging, social media or apps often begin to
feel hopeless and that the only way to relieve the pain is ending
their life.
Emotional Repercussion
• Humiliation - Victims can feel exposed, embarrassed and
overwhelmed. When cybercrime occurs, the nasty posts, messages
or texts can be shared with multitudes of people. The sheer
volume of people that know about the same can lead to intense
feelings of humiliation.
• Isolation - cybercrime sometimes causes children to be excluded.
They often feel alone and isolated.
• Anger - victims get angry about what is happening to them. In
fact, research indicates that anger is the most common response to
cyberbullying. In a few instances, victims may even plot revenge
and engage in retaliation.
• Powerlessness - victims may feel vulnerable and powerless. These
feelings surface because cybercrime can invade their home through
a computer or mobile at any time of the day. They no longer have
a place where they can escape.
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Physical Repercussions
Being targeted by predators can be crushing, especially if a lot of kids are
participating in it. Sometimes victims feel tired, loss of sleep or
experiencing symptoms like stomach aches and headaches and the feelings
of being laughed at or harassed by others can prevent people from
speaking up or trying to deal with the problem in extreme cases of people
taking their own lives. Losing weight or changing appearance, being
cautious and not allowing parents or other family members to use their
devices are some of the symptoms of being cyber bullied. The following
are some more physical issues caused to a victim of cyberbullying.
• Gastrointestinal issues - stress of being prey also can cause or
worsen conditions like upset stomach, abdominal pain and stomach
ulcers. Children may also struggle with frequent nausea, vomiting
and diarrhea.
• Disordered eating - victims may experience changes in eating
habits like skipping meals or binge eating. Because their lives feel
out of control, they look to their eating pattern as something they
can control. These efforts may morph into a full blown eating
disorder.
• Sleep disturbance - experiencing cyber-attack can impact a
person's sleep patterns. They may suffer from sleep issues like
insomnia, sleeping more than usual or nightmares.
Behavioral Repercussions
Children who are cyber attacked may display some behavioral changes as
those who are bullied in more traditional ways. They may exhibit a loss of
interest in activities and engage in secretive behavior. Evidence of drop in
the social behavior shows avoiding friends or social events, children might
start isolating themselves, more than usually they do. Children might
become more quiet and withdrawn, they might also feel hard to
concentrate on any work might lose interest in activities, because of which
their academic performance might drop. In extreme cases, when
cyberbullying is prolonged, victims sometimes even exhibit more
significant behavioral changes. These may be -
• Using drugs or alcohol - Victims who are harassed online are
more likely to engage in substance abuse. It is observed that
victims engage in drinking more than their peers.
• Skipping school - sometimes when kids are cyberbullied, the
thought of going to school is just more than they can handle.
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Consequently, it’s not uncommon for them to skip school or even
behave in such a way that results in suspension.
• Carrying weapons - even more concerning is the fact that kids
who are cyberbullied are more likely to bring weapons to school.
❖ LEGISLATIVE FRAMEWORK OF CYBERSECURITY IN
INDIA:
In this present tech-savvy world where not only the dependency on the
internet has increased but crimes pertaining to it has also increased and to
combat such crimes the Information Technology Act, 2000 (IT Act) was
enacted and certain amendments were also made in the Indian Penal Code,
1860 (IPC) to take cybercrimes into its purview.
The IT Act is the main act which deals with the legislation in India
governing cybercrimes. Certain cybercrimes that can be committed against
women and children are being prosecuted under section 66 which deals
with hacking, section 67 which deals with publishing or transmitting
obscene material in electronic form, and Section 72 which deals with
breach of confidentiality. Section 67 B deals with the punishment for
publishing or transmitting of material depicting children in the sexually
explicit act in electronic form] Cyber defamation, cybersex, email
spoofing, and trespassing into one’s privacy domain is not expressly
mentioned under this Act. Cyber Appellate Tribunal is established under
the IT Act to stop cybercrimes and punish those who are the offenders.
Apart from Section 354 and 509 of IPC which deals with outraging the
modesty of women or usage of word, gesture or act to insult the modesty
of women, this code was further amended and certain provisions have
been introduced to directly redress cybercrimes like cyberstalking under
Section 354D and Voyeurism under Section 354C. Although obscenity on
the internet is not defined as a crime under the IPC, the internet has now
provided a medium for facilitating such crimes.
In addition to the IT Act, the Protection of Children from Sexual Offences
Act, 2012 (POCSO ACT) also provides legal protection against sexual
assault, sexual harassment, and child pornography The POCSO Act is
applicable where the victim is under eighteen years of age.
❖ SCHEMES AND COMMISSIONS FOR THE
PROTECTION OF WOMEN AND CHILDREN:
The Ministry of Home Affairs had constituted an expert group named
Cybercrime Prevention against Women and Children (CCPWC). This
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scheme has been examined by the National Commission for Women and
constitutes several IT experts and the Indian Institute of technology to
effectively curb the Cyber Crime in the country and create awareness
among the people. Some of the functionaries which are constituted under
the committee are the Online Cybercrime Reporting Unit, Forensic Unit,
and Capacity Building Unit.
Another body is the National Commission for Protection of Child
Rights (NCPCR) was established under Section 13 of the Commission for
Protection of Child Rights Act, 2005. The aim of this commission is to
make sure that no Child Rights are being violated as provided under the
Constitution of India as well as the UN Convention on the Rights of the
Child. The major responsibility of this commission is to maintain the
responsibilities provided under the POCSO Act, 2012, and Right to
Education Act, 2009.
❖ LEGAL PROVISION:
Information Technology Act, 2000
Section 66E: Punishment for violation of privacy
This section punishes the offender who intentionally or knowingly
captures, publishes, or transmits the image of a private area of any person
or a person engaged in private activities without the consent of such
person.
Punishment: Imprisonment which may extend to 3 years or fine which
may extend to two lakh rupees, or with both.
Section 67: Punishment for publishing or transmitting obscene material in
electronic form
This section punishes the cybercrime offender who publishes or transmits
in the electronic form, any material which;
1. Is lascivious (capable of arousing sexual desire), or
2. It tends to deprave and corrupt the persons who are likely to
read, see or hear the matter contained in it.
Punishment: First conviction- Imprisonment which may extend to 3 years
and fine which may extend to 5 lakh rupees.
Second/subsequent conviction- Imprisonment which may extend to 5
years and fine which may extend to 10 lakh rupees.
Section 67A: Punishment for publishing or transmitting of material
containing the sexually explicit act, etc. in electronic form
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This section punishes the offender who publishes/ causes to publish or
transmits/causes to transmit in electronic form any material which
contains sexually explicit act or conduct.
Punishment: First conviction- Imprisonment which may extend to 5 years
and fine which may extend to 10 lakh rupees.
Second/subsequent conviction- Imprisonment which may extend to 7
years and fine which may extend to 10 lakh rupees.
Section 67B: Punishment for publishing or transmitting of material
depicting children in the sexually explicit act, etc. in electronic form
This section punishes the offender who publishes/causes to publish, or
transmits/causes to transmit, or creates text or digital images, collects,
seeks, browses, downloads, advertise, promotes, exchanges, or distributes
any material, in electronic form which depicts children engaged in a
sexually explicit act or conduct. It also punishes the offender who
cultivates, entices, or induces children to online relationships with one or
more children for a sexually explicit act, or who facilitates online abusing
of children, or who records in any electronic form abuse or sexually
explicit act with children.
Punishment: First conviction- Imprisonment which may extend to 5 years
and fine which may extend to 10 lakh rupees.
Second/subsequent conviction- Imprisonment which may extend to 7
years and fine which may extend to 10 lakh rupees.
Indian Penal Code, 1860
Section 354A: Sexual harassment and punishment for sexual harassment
This section punishes the offender who commits any of the following acts-
1. Physical contact and advances involving unwelcome and
explicit sexual overtures;
2. A demand or request of sexual favors; or
3. Showing pornography against the will of the woman; or
4. Making sexually colored remarks.
Any of the above-mentioned acts if committed with the use of the internet,
computer device, or computer network, amounts to cybercrime and is
punishable under this section.
Punishment: Imprisonment which may extend to 3 years, or fine, or with
both.
Section 354C: Voyeurism
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This section punishes the offender who watches or captures the image of a
woman engaging in a private act when she believes and expects not to be
watched or observed by the perpetrator or any other person.
Punishment: First conviction- Imprisonment which shall not be less than
one year, but which may extend to 3 years and fine.
Second/subsequent conviction- Imprisonment which shall not be less than
3 years, but which may extend to 7 years and fine.
Section 354D: Stalking
This section punishes the offender who-
1. Follows a woman and contacts/attempts to contact such woman
with the intention to establish a personal interaction despite clear
indication of disinterest by such woman; or
2. Monitors the use by a woman of the internet, email, or any other
form of electronic communication.
Punishment: First conviction- Imprisonment which may extend to 3 years
and fine.
Second/subsequent conviction- Imprisonment which may extend to 5
years and fine.
Section 503: Criminal intimidation
This section punishes the offender who threatens another with any injury
to his person, reputation, or property with the intent to cause alarm to that
person or to cause that person to do any act which he/she is not legally
bound to do or to omit to do any act which that person is legally entitled to
do.
Punishment under Section 506: Imprisonment which may extend to 2
years, or with fine, or with both. Punishment for criminal intimidation by
imputing unchastely to a woman: Imprisonment which may extend to 7
years, or with fine, or with both.
Section 509: Word, gesture, or act intended to insult the modesty of a
woman
This section punishes the offender who, intending to insult the modesty of
a woman, utters any words, makes any sounds or gesture, or exhibits any
object, or intrudes upon the privacy of such woman.
Punishment: Imprisonment which may extend to 3 years and fine.
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The Indecent Representation of Women (Prohibition) Act, 1986
Section 4: Prohibition of publication or sending by post of books,
pamphlets, etc., containing indecent representation of women
This section prohibits the production, sale, letting to hire, distribute, or
circulation by post any book, pamphlet, paper, slide, film, writing,
drawing, painting, photograph, representation, or figure which contains
indecent representation of women in any form.
Punishment under Section 5: First conviction: Imprisonment which may
extend to 3 years and fine which shall not be less than fifty thousand
rupees, but which may extend to one lakh rupees.
Second/subsequent conviction: Imprisonment which shall not be less than
2 years, but which may extend to 7 years and fine which shall not be less
than one lakh rupees, but which may extend to five lakh rupees.
Protection of Children from Sexual Offences Act, 2012
Section 11: Sexual harassment of child and punishment therefore
Under this section, the sexual harassment of children has been defined.
Sexual harassment of a child is said to be committed when the offender-
1. Utters any words, makes any sounds or gesture or exhibits any
object or part of the body with the intention harass such child;
or
2. Makes a child exhibit his body or any part of his body so as it is
seen by such offender or any other person; or
3. Shows any object to a child in any form or media for
pornographic purposes; or
4. Repeatedly or constantly follows/watches/contacts a child
either directly or through electronic, digital, or any other
means; or
5. Threatens to use, in any form of media, a real or fabricated
depiction through electronic, film or digital or any other mode,
of any part of the body of the child or the involvement of the
child in a sexual act; or
6. Entices a child for pornographic purposes or gives gratification.
Punishment for sexual harassment of a child under Section 12:
Imprisonment which may extend to three years and fine.
Section 13: Using child for pornographic purposes and punishment
therefore
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Under this section, the offender who uses a child for sexual gratification,
in any form of media (including Advertisement or Programme telecast by
TV channels or internet or any other electronic/printed form), shall be
guilty of the offense of using the child for pornographic purposes. The use
of a child for sexual gratification includes-
1. Representation of sexual organs of a child;
2. Using a child engaged in real or simulated sexual acts
(with/without penetration);
3. The indecent or obscene representation of a child.
Punishment under Section 14: First conviction- Imprisonment which
may extend to 5 years and fine. Second/subsequent conviction-
Imprisonment which may extend to 7 years and fine.
❖ CYBER CRIME COMPLAINT REGISTRATION:
The victim of cybercrime can register the complaint by any of the
following methods:
1. Online Cyber Crime complaint (National Cybercrime Reporting
Portal),
2. Offline Cyber Crime complaint (Cyber Crime Cell),
3. FIR (Local Police station).
However, during the time of the pandemic, the most feasible and
recommended method to register a cybercrime complaint is the online
method via National Cyber Crime Reporting Portal. Through this method,
the victim can register the complaint of the crime committed against her at
the ease of sitting at her home. The victim will not have to visit any police
station or cybercrime cell for the formalities or submitting the evidence.
The relevant evidence can also be uploaded on the Cybercrime Portal at
the time of registering the complaint. Moreover, the victim will have the
option of tracking the status of her complaint with the help of her
registered mobile number.
The victim doesn’t need to register the complaint, any person on behalf of
the victim can also register the complaint on Cybercrime Portal. Also, the
victim/complainant can register the complaint anonymously i.e., the
identity of the victim/complainant will not be revealed under this option.
To track the status of the complaint in the future, the victim/complainant
shall choose the option of “Report and Track” under which he/she will
have to register with the mobile number and email ID. Under this option,
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the victim/complainant will receive a timely update of all the
investigations and actions taken by the police officer concerning the
complaint registered.
Another option that is available to the victim for the registration of
the cybercrime complaint is the offline method i.e., the victim can make a
written complaint to the nearest cybercrime cell and such written
complaint shall be addressed to the Head of the respective cybercrime cell.
The complaint application shall be accompanied by the name, contact
details, mailing address, and other relevant documents/evidence of the
victim/complainant.
In case, the victim/complainant does not have access to any of the
cybercrime cells in India or internet services or devices, he/she can file an
FIR at a local police station with all the relevant information and
evidence.
❖ CONCLUSION AND RECOMMENDATIONS:
When it comes to fighting against cybercrimes especially against
children and women, India is at the bottom. Cyber Crimes in India are not
taken seriously and most of the time such cases are not recorded in India
due to many reasons, including lack of awareness among the authorities
who are handling such cases and due to hesitancy of the victim and the
fear of defamation of family’s name. Even the naïve Indian parents are not
aware of legal remedies and some even end up victim-blaming and due to
the social stigma involved police action is not taken.
There are few ways to protect children from cybercrimes such as by
using parental control software, placing computers in highly trafficked
areas and setting limits on internet access to a few websites, and by
maintaining backup and security checking. Educating parents and children
is the key to preventing cyber crimes. Children and women should
understand the impact of sharing information online and how it can be
misused by the public at large. They should also be encouraged to report
strange and obscene websites or unwanted contacts. In order to spread
awareness Cyber Crimes as a subject must be included in the school
curriculum. Age verification must be made mandatory while accessing the
website containing explicit content. The law enforcers and stakeholders
like the police need to keep pace with the advancing technologies and
make sure that they can identify the actual perpetrator with ease.
The cyber-world is entirely different from the real world but it has the
capacity to engage crimes that happen in the real world.
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❖ REFERENCES:
1. https://www.mha.gov.in/division_of_mha/cyber-and-information-
security-cis-division/Details-about-CCPWC-
CybercrimePrevention-against-Women-and-Children-Scheme
2. https://blog.ipleaders.in/everything-about-cybercrimes-against-
women/
3. https://garph.co.uk/IJARMSS/Jan2015/8.pdf
4. https://blog.ipleaders.in/cybercrime-women-children-escalation-
cybercrime-pandemic-laws-curb/
5. https://vikaspedia.in/social-welfare/women-and-child-
development/women-development-1/legal-awareness-for-
women/cyber-crimes-against-women
6. https://cybercrime.gov.in/
7. https://www.crccnlu.org/post/children-and-women-innocent-
targets-of-cybercrime
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DIP: 18.10.9198758284.003
CYBER VIOLENCE AND VICTIMIZATION OF WOMEN:
AN OVERVIEW
GITASHREE SHARMA
M.Phil Research Scholar
Department of Political Science,
Dibrugarh University, Dibrugarh (Assam)
❖ ABSTRACT:
With the advancement of science and technology, cyber violence
against women is also at its peak. No doubt the ICT has brought
tremendous improvements in the life of women. But at the same time,
with the advancement in ICT, the virtual world has also become a
source of violence against one of the vulnerable sections of society i.e
"women". The paper has tried to highlight some of the reasons that are
responsible for the cyber violence against women. The paper has also
tried to point out different forms of cyber violence which are faced by
women in their day to day life. Besides, the provisions to way out have
also been included further.
Keywords: Information and Communications Technology, Cybercrime,
Violence, Women’s rights, Society.
❖ INTRODUCTION:
Information and communications technology (ICT) has brought
revolutionary changes to every sphere of human life. It has transformed
the world into a global village. It has made the life of an individual easy
and complicated too. Cost-effective and speedy communication, easy
accessibility of much information, creation of new jobs, greater
accessibility of educational opportunities, bridging the cultural gap,
availability of easy transactions etc are the benefits brought by ICT. Every
aspect has both positive and negative consequences and hence ICT is not
beyond that. The greater reliability of individuals on ICT has made it an
inevitable component of an individual’s life. ICT has also played a vital
role in empowering women. It has made the complicated life of women
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easy to an extent. ICT has enlarged the scope of education and
employment women also. It works as a place for women from sharing
their horrifying to success stories. The household works to which women
are bounded to engage with has also been made comfortable by ICT.
However, though Information and communications technology has led to
revolutionary change, simultaneously it has also posed a huge security
threat to women.
Cyberspace has become a new medium of violation against women.
Cybercrime is nothing but an unlawful, unethical or illegal activity that is
carried against individuals in the virtual world with the help of internet.
Hence, Crime through the internet is often referred to as cyber crimes
(Prameswari, 2017). Matthew Richardson has defined cybercrime as an
act where a computer network is used as a medium and the place to
commit the crime (Prameswari, 2017). Cyberspace has become a very
easy mode in the hand of offenders to victimise women in different ways.
The United Nations defines violence against women as "any act of gender-
based violence that results in or is likely to result in, physical, sexual or
mental harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or
private life" (Singh,2015). In the words of Jurgita Peciuriene, EIGE’s
programme coordinator for gender-based violation “ Women are more
likely than men to be victims of severe forms of cyber violence and the
impact on their lives is far more traumatic” (Singh,2015). Sati Pratha
(tradition), rape, domestic violence, wife battering, dowry harassment and
death, sexual harassment, honour-killing, female infanticide, acid-attack,
eve-teasing, molestation, kidnapping, etc. the verities forms of “physical”
or “offline” violation against women are continuing from years ago and
now a new form of violation could also be termed as cyber violation or
“online” violation has also been growing against women; facilitated by
information and communications technology has made the life of women
more pathetic. A survey has been conducted by the united nation in 22
countries including India over 14 thousand women aged between 15 to 25
years. According to this survey, 35% of women in the world are victims of
some kind of violence, whereas 60% are victims of cyber violence. The
survey has also reported that 39% of women in Facebook, 23% in
Instagram, 14% in Whatsapp, 9% in Twitter, 6% in Tik Tok and 10% in
Snapchat face online violence. As a result, 20% of cyber victims are
forced to shut down their online accounts. Cyberspace has become another
source of violation to victimise women through verities of ways including
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harassment via e-mail, cyber-stalking, cyber defamation, morphing, email
spoofing, cyber pornography and cyber sexual defamation, cyber flirting,
cyber bullying etc. (Jeet,2012). Though cyber violence against women has
been mushrooming day by day, in most cases it is seen that lawmakers
have limited themselves in formulating strict laws or rules to control cyber
crimes against women. In comparison to the expansion of electricity, TV,
radio and personal computer, the spread of internet technology was such
faster that it has covered 50 million people in 4 years and also became the
cheapest and the easy source to target women or to threaten women's
security (Singh, 2015).
❖ THE REASONS BEHIND WOMEN’S VICTIMIZATION
IN CYBERSPACE:
1. Though ICT has transformed the world into a village and also
provided a base for the new form of socialisation but at the same
time, it has separated individuals from their own family or
community. All members of the family except the homemakers
have no time for their family. As a result in such situations, women
feel aloof and try to overcome the feeling of loneliness and enter
the virtual world of socialisation. Instant messaging, chatting,
video conferencing etc. have become a source to overcome the
problem of existential crisis that they face. It is found that women
are emotionally expressive hence they share not only their personal
information but also many other confidential data to a stranger and
it ultimately helps an offender to caught women in a trap ( Saha &
Srivastava, 2014).
2. Lack of awareness of privacy policy, safety measures in using
network site, protection from virus, malware, Trojans, spam etc are
also the common reason behind women's victimization in
cyberspace ( Saha & Srivastava, 2014). The lack of knowledge or
awareness of women to securely access information and
communications technology due to verities of reasons such as
social, cultural, educational etc could also be the cause behind the
increasing trend of cybercrime against women (Prameswari, 2017)
3. The amount of importance that must be given to restrain cyber
violence against women is not given and such negligence on part
of lawmakers also provides a greenfield for the perpetrator. So, the
lack of a specific policy to regulate cyber crimes has also paved a
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fertile ground for predators from being caught. Besides, the
unawareness on part of individuals regarding the available cyber
law is also another major cause of cyber violence. Moreover, the
trend of blaming women for every incident that happen against
their interest is also a reason of disinterest on part of women to
move towards reporting the cases of violence against them ( Saha
& Srivastava, 2014).
4. The respectability of Indian patriarchal is solely dependent on the
"honour" of women. As a result, women become the primary target
of the offenders in the virtual world too ( Saha & Srivastava,
2014).
5. It is quite difficult to reach the perpetrator because of "Anonymity"
facilitated by the internet. Besides, such crimes could be cross-
national and thus becomes quite difficult to deal with or for quick
solution of such problems (Prameswari, 2017).
❖ FORMS OF CYBER VIOLENCE:
Different forms of cyber violence are carried out by offenders against
women to destroy or ruin their image in front of society for many
inexcusable reasons. Illegal content is a form of cyber violence where a
perpetrator tries to load or spread the untrue, unethical or confidential
contents of the victim on the internet to defame the dignity which later
might lead to huge material or non-material destruction (Prameswari,
2017). Similarly, Morphing is another form of cybercrime where an
offender edits the original picture of the victim and then uploads it on the
internet to ruin the image of the victim (Prameswari, 2017). Women are
the primary victim of morphing, where original images of women are
edited to necked one and then they use the picture over the internet to
harm the dignity of the victim(s). In online defamation, the information
provider provides false information about the victim(s) on the internet to
ruin their image. Sexual violence is one of the forms of cybercrime that
include child pornography, trafficking adolescent girls, inviting children to
engage in sexual activity, sex trafficking, sexual exploitation, online
prostitution and other sex tourism (Prameswari, 2017). Cyber grooming is
a form of cyber sexual abuse, exploitation or trafficking, where children,
teenagers etc are the targets of the groomer. Here the groomers try to build
trust through general conversations with the victims in the initial phase,
and gradually through personal data sharing, the groomer later starts to
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blackmail the victims (Prameswari, 2017). Besides, stock market fraud,
identity theft, sexual harassment, data theft, impersonation, consumer
fraud, computer monitoring etc. are other forms of cyber violence (Thapa
& Kumar, 2011) that has been increasing day by day.
❖ PROVISIONS TO WAY OUT:
1. Strict legal arrangements are must necessary to counter the
growing trends of cybercrime. Not only national even international
collaborations are the need of the hour to handle the issues like
cyber violence as cross-national cyber crimes have been growing
day by day.
2. The awareness of women regarding every legal arrangement or
regulation those are there to punish cybercriminals. Awareness
programmes related to cyber issues are also necessary to restrain it.
3. The awareness regarding the privacy policies or safety measures in
using websites could also be helpful to counter cybercrimes.
4. Cooperation and the support of society are also needed to deal with
cyber issues. Society should support women to raise their voices
against every single unlawful act that violates their human rights.
In most cases, it has been seen that women limit themselves from
reporting many threats that they face against their life is because of
the biased justification that society places in case of women's
rights violations.
❖ CONCLUSION:
Violence against women is not new rather the forms of it have just
changed. Simply, Cybercrimes are unlawful or unethical activities that are
happening in cyber space through the medium of the internet. There is no
doubt about the revolutionary advancement that the ICT has brought to
our life. The problems that are there from ICT are because of its user and
their perspective. The offenders have chosen the virtual world rather than
physical to violate women's rights as they found it cheap and secure.
Though cyber violence does not create a direct physical threat, the victims
suffer psychologically to such an extent that, it might later become the
cause of suicide too. Therefore, the issue of cybercrime should be given
utmost importance. Women are human and hence the violation of women's
rights is the violation of human rights. Human rights are the inevitable
rights that a human being possesses by virtue of being human. Thus, bold
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steps to restrain cyber violence against women are the need of the hour. So
that, women can also lead to a dignified and prosperous life in near ahead.
❖ REFERENCES:
1. Jatothu, Dr. Rajaram, Kavya, K., Sushmitha, P. and Vamshi Raj B.
(2020), “Effective Use of Cyber Space and Cyber Technology to
Prevent Violence and Trafficking Against Women and Children”,
The International journal of analytical and experimental modal
analysis, 12(6): 309-314.
2. Prameswari, Agustin Dea (2017). Online Abuse Against Women in
the Cyber Space as an Important Issue to Discuss. ASEAN
Symposium of Criminology: Conference Proceeding An Inquiry
into Ethics, Theories, Culture and Practices, 22-29.
3. Singh, Jaspreet (2015), “Violence against women in cyber world:
A special reference to India”, International Journal of Advanced
Research in Management and Social Sciences, 4(1): 60-76
4. Saha, Tanaya and Srivastava, Akancha (2014), “Indian Women at
Risk in the Cyber Space: A Conceptual Model of Reasons of
Victimization”, International Journal of Cyber Criminology, 8(1):
57-67.
5. Thapa, Anju and Kumar Dr. Raj (2011), “Cyber Staking: Crime
and Challenge at the Cyberspace ”, An International Journal of
Engineering Sciences, 4: 342-354.
6. https://www.dnaindia.com/india/report-dna-special-cybercrime-
against-women-at-its-peak-close-to-60-percent-women-a-victim-
of-online-abuse-2847984
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DIP: 18.10.9198758284.004
NATURE, SCOPE OF CYBERCRIME AND ITS
CLASSIFICATION
PRASANTA MUJRAI
Research Scholar
Department of Geography
Shri Jagdish Prasad Jhabarmal Tibrewala University,
Vidyanagari, Jhunjhunu, (Rajasthan)
❖ ABSTRACT:
India's economy and society suffer significantly due to cybercrime,
the most common kind of criminal activity in the country. "cybercrime"
refers to crimes committed using a computer or the internet. More recent
cybercrimes include stalking and terrorism through the use of
computers and the dissemination of false information through spoofing
and email bombing. A cybercriminal can commit crimes all around the
world in just a few minutes, all from the comfort of their own home. It's
a grim new chapter in the history of information wars. Using cyber-
terrorism to conduct targeted attacks is a crucial component. A single
country's terror threat may decrease over time if terrorist strikes are
well-targeted and well-maintained. Hackers gain entry into a system by
taking advantage of software vulnerabilities that control it. Spammers
and phishers employ email spoofing to disguise the origin of their
messages. The term "email bomb" refers to the practice of sending a
massive number of emails to a single recipient. Most countries enable
people to use their own internet time to fake someone else's computer.
Although it may impose civil fines under the Indian Technology Act,
2000, they are not mandatory.
Keyword: internet; dissemination; Hackers; Spammers and phishers;
email spoofing; email bomb
❖ INTRODUCTION:
As far as the world is concerned, cybercrime is a relatively new
phenomenon. When a crime is committed using computers, the internet, or
other technology recognized by the Information Technology Act (ITA), it
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is called computer crime. It is the most common crime in India today, and
it has a devastating impact on the country's economy and society. Both
society and government suffer significantly from the crimes committed by
criminals who can keep their identities secret for long periods. It is not
uncommon for criminals with advanced computer skills to execute a
variety of online crimes. In a broader sense, any illegal activity involving a
computer or the internet can be considered a form of cybercrime.
However, there is no definition of cybercrime in any law passed by the
Indian Legislature, which means the courts can interpret it. The increasing
reliance on computers in modern life has led to an unstoppable evil known
as cybercrime. Using computers and other technology in everyday life has
become necessary to allow people to do their jobs more quickly and
easily. Unlike other media, it's impossible to quantify or limit its scope.
The internet has both its positive and negative aspects. 1 Newly emerging
cybercrimes include cyber stalking, cyber-terrorism, spoofing, email
bombing, cyber pornography, and cyber defamation, among many others.
Cybercrimes are crimes committed using a computer or the internet rather
than a traditional means of communication.
❖ HISTORY AND EVOLUTION OF CYBERCRIME:
The first workable computer was constructed in the 1950s, but it
required an entire room to run and was prohibitively expensive. In 1981,
IBM unveiled the "personal computer," which was a stand-alone computer
that anybody could access. AFTER WORLD WAR II, the U.S.
Department of Defence created the internet to communicate information
securely. As the internet increased in quality and variety, criminals had no
idea of the opportunities it would bring.
More than three-quarters of India's population now has access to the
internet compared to less than one percent in 1995. Human behaviour that
considers damaging to the public in common law jurisdictions sometimes
takes time to criminalize. This process can accelerate by occurrences that
grab attention from the crowd and legislators in some cases. To discourage
its use, workers in 1820 damaged the Jacquard loom with malicious intent.
For criminals, encryption technology has made it easier to store and
transfer-proof of their crimes without fear of detection. An extensive
computer crime scene can now locate anywhere globally, thanks to the
widespread use of the internet. In many of these cases, law enforcement
inefficiency is a recurring motif, allowing the criminals to carry out their
crimes and evade detection.
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Technological advancements have paved the way for everyone who
uses computers today to enjoy new and wonderful conveniences in their
daily lives, including new ways to educate, shop, entertain, and better
understand business strategies and workflow. As we near the twenty-first
century, we'll see this more and more. The rapid advancements in
computer technology have permanently altered our day-to-day lives. We
can now send and receive messages over long distances in a matter of
seconds and collect and organize massive amounts of data that would have
been difficult and expensive in the past. However, the advancements in
technology that have made our lives better can view as a double-edged
sword. Despite the benefits of computer technology, criminals have also
found new ways to commit crimes because of this same technology.
❖ DEFINITION OF CYBER CRIME:
India's legal system isn't even clearly defined under the Information
Technology Act of 2000, which deals with cybercrime. The term
"cybercrime" refers to any illicit conduct carried out via the internet or
with the aid of a computer. To Debarati Halder and Jaishankar,
cybercrimes are crimes committed against individuals, groups, and
organizations with a criminal motive to harm a victim's reputation or cause
physical or mental harm to that victim in any way, including through the
use of modern communication networks like the Internet (Chat rooms,
emails, and bulletin boards), or mobile phones (SMS/MMS)."""" [6] It's
impossible to define cybercrime in a single sentence; however, here are
several general definitions: In the Oxford Dictionary, "cybercrime" is
defined as "criminal conduct carried out via computers and the Internet."
"Cybercrime may be defined as those species whose genus is a
conventional crime and where the computer is either an object or subject
of the activity constituting the crime," according to the classification
system. When we talk about cybercrime, we're talking about any crime
perpetrated through the use of electronic communications and information
systems, such as a computer or the internet.
❖ NATURE AND SCOPE OF CYBERCRIME:
Crime is a social phenomenon that links to the rest of society. There is
no society in which cybercrime does not exist. No matter how hard we try.
If we can't keep crime in the real world under control, how can we expect
to do so in the virtual world, which is infinitely more unreal, unstoppable,
and unaccountable in the legal sense? Over time, there is a shift in the
nature and scope of crime in society. There is no such thing as a crime-
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free society, and it is impossible to separate crime from the community.
As a result, the type of crime committed is determined by the society in
which it occurs.
The complexity of crime in a society is directly proportional to the
complexity of the community itself. All the factors that influence and
contribute to crime in an organization must verify understanding the crime
in a society. Society's socio-economic and political structure must
understand criminality and the means to combat it. When determining the
nature and scope of a crime, it is crucial to consider the measures taken by
the criminal justice system to prevent and correct crime and delinquent
behaviour in society. Rather than aiding the state in resolving the issue,
technological advancements have created new complex situations that are
difficult to understand and even more difficult to address using current
legal frameworks. The state's resources and knowledge are insufficient to
deal with today's crime.
In the last three to four decades, computers have impacted modern
society that no one could have predicted. It has not only made life easier
but has also greatly aided in the social, economic, and cultural integration
of various regions of the world. The advancements in computer
technology have made it possible to access the world as a whole from the
comfort of your own home. The limitations of space and time are no
longer an issue thanks to modern technology. However, the jurisdictional
issue in the legal system has been created due to the remarkable
advantages of computers today.
One aspect of international internet transactions that is difficult to
determine is its jurisdiction. A great deal of ambiguity existed when courts
had to deal with questions of jurisdiction law and were unable to decide
the proper forum to hear cases involving cybercrime because the virtual
world, compared to the physical world, has no borders. We cannot deal
with cybercrime because our local machinery cannot handle transnational
crimes. The nature of cybercrime differs significantly from that of other
forms of criminal activity, and as a result, the local law cannot adequately
regulate it.
As a result, dealing with cybercrime on a global scale has become
increasingly difficult. Despite the many advantages that internet
technology has given us, it has also provided criminals with the
opportunity to commit their crimes with the slightest chance of detection.
The internet has been a boon to society's outcasts thanks to the
proliferation of their illicit activities in cyberspace. There is a real danger
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that cybercrime will hurt the world as a whole. Increasing reliance on
technology has made human society more vulnerable to cybercrime.
Because of the global nature of cybercrime, it is no longer possible to
generalize about it on a national scale in the current environment. We can't
and shouldn't have national borders when dealing with cybercrime, which
necessitates global cooperation. They can only contain this 'Cyber Crime'
menace if new laws pass and defensive and prevention measures
implement globally. Because of this, the threat of cyber terrorism poses a
significant challenge to the world and its agencies. Recruit and train
terrorists. Terrorist organizations are using technology to spread anti-
government sentiment and spread their message. People can learn how to
use weapons, make bombs, and more by visiting these websites.
❖ CHARACTERISTICS OF CYBERCRIME:
Unlike traditional crime, cybercrime has a very different definition of
what constitutes an offense. Compared to more conventional forms of
crime, this one has gotten a lot more attention lately thanks to the rapid
advancement of Internet technology. Because of this, it is vital to study the
unique characteristics of cybercrime.
1) People with specialized knowledge: To commit a cybercrime, one
must be highly knowledgeable about the internet and computers
and the internet to do so. They're well-educated and have a deep
understanding of how the internet works, which has made it
extremely difficult for police to catch those who commit
cybercrime crimes.
2) Geographical challenges: In the virtual world, there are no
boundaries. A cybercriminal can commit crimes anywhere in the
world in just a few minutes, all from the comfort of their own
home. An Indian hacker, for example, could break into an
American computer network from their home in India.
3) Virtual World: When a criminal commits a cybercrime, the action
occurs in cyberspace, but the perpetrator locates elsewhere. The
criminal performs all of their activities while carrying out the
crime in the virtual world.
4) Collection of Evidence: Due to the nature of cybercrime, it isn't
effortless to gather evidence and prove it in court. Criminals who
commit cybercrime do so while hiding in a safe location outside
the reach of authorities in several different countries.
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5) Magnitude of crime unimaginable: As a result of cybercrime, there
is the potential to cause severe harm and even death to an
unbelievable degree. Cyber terrorism, cyber pornography, and
other offenses have a broad reach and can quickly devastate
websites and steal data from businesses.
❖ CLASSIFICATION OF CYBERCRIME:
1) Cyber Pornography:
An undefined term, "pornography," describes a wide range of sexually
explicit content. Although in certain nations, pornography is legal, it is
illegal and penalized in other countries. Society's reaction to sexual
content determines pornography's significance. According to Wikipedia,
"cyber pornography" is the act of making it publicly accessible via
sexually explicit internet material.
Nowadays, sex sells like hotcakes, and the current pornographic
industry is more significant than any other single company or group of
companies on the planet. The porn industry has entered a new era thanks
to the rise of the internet worldwide. The porn industry has found a perfect
place on the internet to distribute pornographic material worldwide. There
are 4.2 million pornographic websites in existence, according to a 2010
internet filter review report. Every day, search engines receive 68 million
requests, and every month, 72 million people worldwide visit adult
websites. Pornographic content is accessed by 42.7% of all internet users.
As a result of the internet, pornography has become more accessible.
Information technology has reduced the geographical barriers that once
prohibited some overseas media from infiltrating local territory. The
expansion of pornographic websites that offer photographs, videos, and
streaming media, such as live webcam access, makes it possible for more
people to get exposed to pornographic material.
2) Cyber Stalking:
To be stalked means to behave in a harassing or threatening manner
toward the other person. In the online world, cyberstalking is a form of
physical stalking that is carried out using information technology. Email,
chat rooms, and other internet tools are used to stalk someone in
cyberstalking. Wikipedia defines cyberstalking as the use of the internet or
other electronic means to stalk or harass an individual, a group of
individuals, or a business. A wide range of offenses, including defamation,
false accusations, harassment, and sex trafficking of minors, are covered
by this definition.
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Stalking is a long-term process that involves a series of legal and
illegal actions. The definition of "cyberstalking" varies from country to
country, making it difficult to apply universally. It says that
"cyberstalking" is defined as "repeated harassment or threatening of an
individual via internet or electronic means of communication" by
Professor Lamber Royakkers. A cyberstalker is a person who stalks
another person via electronic means, such as via a bulletin board, chat
room, email, spam, fax, buzzer, or voicemail, for romantic or sexual
reasons. Stalking involves harassing or threatening another person
regularly:
• Showing up at their residence or place of employment
• Leaving notes or objects behind
• Assaulting them with a weapon
Stalking is difficult to define because it encompasses a wide range of
activities. Despite the lack of physical touch, it has become increasingly
popular among criminals because of the ease of communication, access to
personal information, and anonymity. In cyberstalking, the perpetrator has
the benefit of being able to sit anywhere in the globe and harass the victim
by making disparaging remarks or comments on ordinary discussion
forums. Another method is to broadcast the victim's mobile phone number
and email address on social media sites, causing other users to contact the
victim mistakenly. Cyberstalking is possible due to the broad reach of the
internet and the ease with which offenders can obtain our personal
information, the way we communicate online, and other factors.
Because of the ubiquitous accessibility of technology, criminals and
angry persons can now threaten and harass their victims more readily via
email. As long as they don't approach their victims in person or over the
phone, stalkers will send them harassing or threatening electronic emails.
Consequently, women and children are more likely than men to become
the targets of stalking. Some people believe that internet stalking is less
severe than physical stalking because it does not include contact.
There are three ways in which cyber stalking is conducted i.e.
1) Stalking by email: The offender sends the victim an email with
threats or harassment. Modern-day stalking is the most common
form of it. Sending obscene, threatening, and hateful mail to the
victim is the most common form of harassment.
2) Stalking through the Internet: This is a widespread practice of
online harassment. In this case, the perpetrator does not invade the
victim's private space but rather harasses her publicly. Victims'
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phone numbers and email addresses post on porn sites, along with
morphed photos of the victims, and they are then threatened via the
internet. Stalkers use cyberstalking to track their victims' online
activity and post false information about them on websites.
3) Stalking through Computer: As soon as the victim's computer
starts up, the offender assumes the role of a technocrat and can
take over the victim's computer. That way, the stalker can take
over and take over the victim's computer. As a result of this type of
cyber stalking, the victim's only recourse is to unplug the computer
and change their internet address.
The term "stalking" has been around for a long time in the physical
world. Ex-friends, coworkers, or anyone who wants to exert control over a
target are examples of stalkers in the physical world. The stalker's reach
has been widened since the advent of cyberspace, allowing him to threaten
and harass the target from any part of the world. Most stalkers are
disgruntled lovers, ex-boyfriends, or coworkers who could not fulfill their
sexual fantasies and now wish to harass the victim. Female victims are
more likely to be stalked by men. For the most part, the perpetrators of
cyberstalking are motivated by resentment, revenge, and a desire to show
off.
3) Cyber Terrorism:
It is difficult to understand the current terrorism phenomenon because of
its many facets. In the last decade, the number of terrorist attacks on
human beings has risen dramatically. Terrorism has affected everyone,
from the average citizen to the government. After the end of the Cold War,
the threat of terrorism had become a significant problem for the world.
People worldwide were killed by terrorists because state agencies were
unable to handle or control the terrorist attack on humanity. However,
various countermeasures were taken by both the national and international
front, but they were ineffective—however, the majority of these were
designed to work in a typical terrorist attack. Terrorists are increasingly
turning to computers and the internet as weapons of mass destruction
because we now live in the digital age.
The recent financial turmoil has thrown several economies into
disarray. Where the future will take us is still a matter of debate. On the
other hand, technology remained steadfast even as it brought household
names and industry heavyweights to their knees. Because of this, it's easy
to overlook how technology has become a business enabler today. A
sinister new chapter in the book of information warfare has been added.
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Extremely narrowly focused efforts are what we mean when we talk about
cyber-terrorism. Emerging threats like this one have the potential to do a
lot of damage. While we tend to think of terrorism in terms of casualties,
cyber-terrorism has the potential to cause significant harm as well, such as
intimidation and coercion. Terrorism directed at a specific country can
weaken over time if sustained and well-targeted. There is no doubt that
cyber terrorism will continue to be a significant problem in the future,
given the wide range of adverse economic, financial, and even
psychological effects that it could have. Most countries today rely heavily
on technology as their primary source of economic power. An attacker's
best bet would be to land a direct hit on this essential skeleton. According
to the United Nations' telecommunications agency, global conflict could
break out in cyberspace. No one should be surprised by this. It is common
for wars to include attacks on the enemy's most important installations or
facilities to gain the upper hand. If a war were to break out, technology
would be a logical target because of its enormous impact on the modern
world.
Because terrorists use cyber terrorism to spread political and
religious propaganda, it is now a global threat to the entire population.
Barry C. Collin67, a computer genius, coined the term "Cyber Terrorism"
only a few years ago. Defining cyber terrorism is problematic because it is
a combination of cyberspace and terrorism, and we do not have a universal
definition for it. The term "cyber terrorism" is defined in various ways by
researchers and scholars. In this study, the term "cyber terrorism" is
defined in two ways: in terms of intent and terms of effect. It refers to
attacks on the country's computers, networks, and network grids, which
are heavily reliant on networks and cause havoc or fear in the minds of its
people.
4) Hacking:
In cybercrime, hacking is regarded as one of the most severe offenses.
People's trust in computers and the internet is said to be shaken due to
hacking. Computer hacking has been portrayed as an existential threat that
requires harsh laws to deter its perpetrators. It's a bit of a stretch to make
such a broad statement. Getting into someone else's system without their
consent is all it means when someone says they "hacked" their computer.
To commit hacking, one must first acquire access to another person's
computer without consent. If you go into someone else's computer without
their permission, you're a hacker! As if you were tapping someone's
phone, this is the same thing. Hackers exploit computer programme
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weaknesses to gain access to the target system. It is possible to guard
against hacking with anti-hacking tools such as 'Firewall' technology and
intrusion detection systems. Like a wall of fire, a firewall prevents hackers
from getting into the system. Additionally, intrusion detection systems
will look for the point of entry for hackers.
Image Source: Getty Images / Bill Hinton
The simplest way to describe computer hacking is as trespassing
on someone else's property. It is illegal to enter or remain lawfully on the
property of another with the intent of committing an offense, intimidating,
insulting, or annoying the owner of the property. It is also illegal to enter
or remain lawfully on the property with the intent of threatening or
insulting that owner. Criminal trespass is all of these things. Criminal
trespass carries a sentence of up to three months in prison or a fine of Rs.
500, or both97. As a result, committing a single criminal trespass is a
relatively minor crime.
5) Virus and Contaminants:
The history of computer pathogens and viruses is extensive. It wasn't
until 1949 that they put the first self-replicating programmes into practice.
They discovered Apple Viruses 1, 2, and 3 on Apple II computers in 1981.
Pirated computer games spread these viruses. Data on the computer
system "command.com" was corrupted in 1987 by the dreaded "Lehigh"
virus. "Jerusalem" is one of the most common viruses spread since 1988.
Viruses would attack on the 13th of every month and remove all '.exe' and
'.com' files they could find, along with any running programmes. One of
the first anti-virus programmes developed by a large company was Norton
Anti-virus, launched by Symantec in 1990. The number of viruses
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discovered in 1992 had increased by 420 percent from December 1990.
When they created the 'Dark Avenger Mutation Engine (DAME) this year,
it was a toolkit that allowed viruses to turn into polymorphic viruses.
Email hoaxes are nothing new, but the "Good Times" scam swept through
the computer community in 1994. An email with the subject line "Good
Times" contains a malicious virus that, if opened, will wipe out your entire
hard drive. 'Word Concept,' a virus that spread through the use of
Microsoft Word documents, was one of the most common in 1995.
Microsoft Windows 95, Microsoft Excel, and Linux were all infected in
1996 by the "Baza," "Leroux," and "Staog" viruses. The first virus to
infect Java files was 'Strange Brew,' which appeared in 1998. Chernobyl
virus also spread quickly via ".exe" files this year. As well as damaging
files on infected computers, the virus also corrupted the computer's
microprocessor, making it unusable. Sircam, CodeRed, and BadTrans are
just a handful of this year's worms. It is possible for viruses to reach a
computer system via a damaged CD, floppy disc, or USB flash drive. A
common cold or viral fever can be traced back to their airborne cousins.
When it comes to virus-infected computers, even Microsoft's founder, Bill
Gates, is vulnerable.
6) Cyber Crimes related to Finance:
According to Price Waterhouse Coopers, an economic crime is
committed via computers and the internet, which surveys this topic.
Personal information like bank account numbers and passwords are among
the things that cybercriminals can steal. Only when a computer,
computers, and the internet play a central role in the crime, and not an
incidental one, does it qualify as a cybercrime?
Economic crime in India is on the rise, according to the results of the
2011 Global Economic Crime Survey. Indians are increasingly turning to
the internet. A recent survey by the Telecom Regulatory Authority of
India (TRAI) found that 354 million people in India have internet access.
122 Cybercrime is on the rise due to the rapid growth in the use of the
internet, which provides a wide range of options for cyber citizens, from
entertainment to education. Keeping up with the new breed of tech-savvy
fraudsters is a challenge in itself. Cybercrime has been experienced by
24% of those who reported economic crime in the past year. In our
opinion, this data alone demonstrates how serious an issue cybercrime is
for business owners and managers. More and more organizations are
becoming the victims of cybercrime in the wake of recent attacks on large
corporations and financial institutions. Increased e-business volume,
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greater internet penetration, and e-commerce are all factors that could
explain the recent uptick in cybercrime.
7) Phishing and Vishing
Pseudonymous electronic communications, such as email or instant
chat, are used in phishing scams to collect sensitive information from
unsuspecting victims, such as passwords and credit card numbers. This
"phishing" for financial information and passwords is known as
"phishing," which is why the name was coined. Phishing emails
pretending to be from well-known, well-established firms are used to steal
user information, including passwords and credit card details. Information
such as credit card numbers, social security numbers, and bank account
numbers, which are already in possession of the legal organization, is
requested from users via a website. It's also a scam aimed to steal the
personal information of its visitors, on the other side.
Image source: Comodo Dome
By believing they are helping an actual firm or website by
disclosing their personal information; customers unwittingly provide their
data to a fraudulent website or organization to have their money stolen.
Vishing, like phishing, is a form of illegal activity. Voice over IP (VoIP) is
used with social engineering techniques to gain unauthorized access to
private and confidential data. Voice-phishing is an amalgam of the two
methods. Because landline phone lines are historically terminated at
physical places known to the telephone company and linked with a bill-
payer, vishing takes advantage of the public's trust in these services. VoIP
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enables the faking of caller ID, low-cost automated systems, and the
anonymity of the bill payer. The victim is sometimes entirely unaware of
these threats. Personal information such as credit card details can be stolen
by vishing, a prevalent method of identity theft.
8) Denial of Service Attack:
a criminal act in which the illegal floods the victim's network or
email inbox with spam mail, denying him access to or providing him with
the entitled services. A denial-of-service attack is a type of network attack
that aims to overwhelm a network with useless traffic to bring it to its
knees. Many DoS attacks, such as Ping of Death and Teardrop, exploit
TCP/IP protocol limitations. The user in a typical connection typically
makes Requests for server authentication. The user receives confirmation
of successful authentication from the server. The user accepts this
permission and is then allowed to access the server. Service attacks are
denied by flooding a server with authentication requests from a single
user. The server cannot send the authentication approval because all
requests have false return addresses. Before disconnecting, the server
waits a long time, sometimes over a minute. When the connection is
closed, the attacker sends a new set of forged requests, and the cycle
repeats itself, causing the service to be inaccessible in perpetuity. 141 This
includes attacks on routing devices and servers for email or the Domain
Name System (DNS).
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It is possible to carry out a DoS attack in various ways. It's
important to remember that there are three main types of attacks:
1. The time, space, or bandwidth required to process a computation;
2. Information such as routing information can tamper.
3. The physical network components are disrupted.
9) Data Theft:
By hacking into the computer systems of five large corporations,
including Hannaford Bros, Eleven, and Heartland Payment Systems, a
credit card processing company, Albert Gonzalez, 28, and two Russian
accomplices could steal data from more than 130 million credit and debit
cards. A federal investigation led to the arrest of Gonzalez and his two
Russian co-conspirators. One of the country's (US) cybercrime kingpins
has been called Gonzalez. TJX Cos' parent firm, which owns the TJ Maxx
retail chain, lost an estimated $200 million due to a massive data breach
involving over 40 million credit card cards. Data and information are in
high demand in today's digital world. In the information economy, the
property includes things like trade secrets, technical know-how, original
artwork, original music, and original film and book scripts. It also has
things like usernames, credit card numbers, and passwords. Many
resources are required to create data or information: time, effort, and
creativity. It is the most common form of cybercrime to steal data and
information through hacking and other methods.
10) Data Diddling:
Data tampering occurs before or after data is entered into a computer.
As a result, a person who enters data, a virus that alters data, the
programmer of a database or application, or anyone else involved in the
process of storing information on a computer file converts the info. Every
person involved in any of the steps in the creation or transmission of data
can be the source of the problem. For those who have no computer
experience, this is one of the easiest ways to commit a computer-related
crime. Even though the crime is relatively simple, the consequences can
be severe. In India, this type of crime has a significant impact on the
country's electricity providers. In 1996, the NDMC Electricity Billing
Fraud Case was a good
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Image source: G2 Learning Hub
example. The NDMC, Delhi, used a computer network to receive
and account for electricity bills. The bank's money collection,
computerized accounting, record keeping, and remittance were all handled
by a computer expert by a private contractor. By manipulating data files to
show less receipt and bank remittance, he misappropriated a large amount
of money.
11) Salami Attacks:
An assault, known as "salami-slicing," combines a succession of more
minor data breaches into a single larger one. Using the example of a
salami attack, an employee could take modest amounts of money from
several different bank accounts. This type of crime is generally
challenging to investigate and trace. To commit financial crimes, these
attacks are employed. It's essential to make the change so small that it
wouldn't be seen in a single occurrence. When a bank employee inserts
software into the bank's servers, Rs. 5 is deducted from each account
every month. Because the account user is unlikely to notice the illicit
withdrawal, the bank employee will profit each month handsomely. They
terminated a bank employee in the United States to serve as an example.
Bank computer systems were infiltrated by an ex-employee who accused
the bank of mistreating him. There were 10,000 coins deposited into the
performance of Ziegler alphabetically from every bank account. Account
customers and bank officials missed the problem because withdrawals
were so minimal. This bank got aware of Ziegler's activities when he
ISBN: 978-91-987582-8-3
Cyber Crime and Cyber Laws in India Page 40
opened an account there. It surprised him by depositing a significant sum
of money into his bank account each Saturday.
CaptionRIT Cyber Security Class Blog - WordPress.com
12) Email Bombing:
An "email bomb" is a type of internet abuse that involves sending
large amounts of email to a single address in an attempt to overwhelm the
recipient's mailbox or the server. The term "mail bomb" has a second
meaning in the Russian internet community. When many emails send to a
target, the victim's email account or mail servers are overwhelmed. It is
known as "email bombing."
Image source: Morocotacoin.com
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900
50  Cyber crime law book .pdf  redpushine  publicatopns hariahran23900

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50 Cyber crime law book .pdf redpushine publicatopns hariahran23900

  • 1.
  • 2. Editor-in-Chief DR.DILIPKUMAR A. ODE Redshine Publication Associate Editors ABHISHEK SHARMA P. DR. AYAN DAS GUPTA KHWAIRAKPAM GOUTAM SINGH Co-Editors YOGESHKUMAR A. ODE DR.BIRAJLAKSHMI GHOSH N.RENUKA PRASANTA MUJRAI S W E D E N | L O N D O N | I N D I A Cyber Crime and Cyber Laws in India
  • 3. Cyber Crime and Cyber Laws in India Edited by: Dr.Dilipkumar A. Ode, Abhishek Sharma P., Dr. Ayan Das Gupta, Khwairakpam Goutam Singh, Yogeshkumar A. Ode, Dr.Birajlakshmi Ghosh, N.Renuka & Prasanta Mujrai ■ RED’SHINE PUBLICATION 62/5834 Harplingegränd 110, LGH 1103. Älvsjö, 12573 Stockholm, Sweden Call: +46 761508180 Email: info.redshine.se@europe.com Website: www.redshine.se In Association with, RED’MAC INTERNATIONAL PRESS & MEDIA. INC India | Sweden | Canada ■ Text ©EDITORS, 2022 Cover page ©RED'SHINE Studios, Inc, 2022 ■ All right reserved. No part of this publication may be reproduced or used in any form or by any means- photographic, electronic or mechanical, including photocopying, recording, taping, or information storage and retrieval systems- without the prior written permission of the author. ■ ISBN: 978-91-987582-8-3 ISBN-10: 91-987582-8-4 DOI: 10.25215/9198758284 DIP: 18.10.9198758284 Price: kr 100 First Edition: February, 2022 ■ The views expressed by the authors in their articles, reviews etc. in this book are their own. The Editor, Publisher and Owner are not responsible for them. All disputes concerning the publication shall be settled in the court at Lunawada. ■ www.redshine.se | info.redshine.se@europe.com Printed in Stockholm | Title ID: 9198758284
  • 5. DR. DILIPKUMAR A. ODE (M.A., M.Phil., M.Ed., Ph.D) Editor- in- Chief Redshine Publication Dr. Dilipkumar A. Ode M.A., M.Phil(Eco)., M.Ed.,Ph.D (Eco) Has Had His Higher Education From Sadar Patel University, M.K.Bhavnagar University & Veer Narmad South Gujarat University. He Has 6 Years Teaching Experience at UG & PG Level. He Published 11 Books on Economics. He Published 17 Papers in International Journal, Attended and Presented 9 Papers in State Level Seminar, 18 Papers in National Level Seminar And 6 Papers in International Level Seminar. He Has Attended Workshop /Webinar More Than 100. Chief Editor in RedShine Publication and Published More Than 57 Books. His Main Areas of Specialisation in Macro and Micro Economics, Labour Economics and International Trade & Public Finance.
  • 6. About Associate Editors ABHISHEK SHARMA P. Assistant Professor of Law, School of Law CHRIST (Deemed to be University) Bangalore (Karnataka) Abhishek Sharma P. works at School of Law, CHRIST (Deemed to be University), Bangalore as Assistant Professor. He has completed LL.M. (Masters of Laws) in Constitutional and Administrative Law from Bangalore University by securing 1st Rank and a Gold Medal in the University Exams. He has qualified UGC National Eligibility Test for Assistant Professor. He has pursued B.A. LLB from Karnataka State Law University and secured 3rd Rank in the University Exams. He is currently pursuing his PhD on the topic DNA Profiling Evidence in Criminal Trials. He has authored book on Sedition and Free Speech in India and has edited books on Education Systems in India and Environmental Governance in India. Constitutional Law, Labour Laws, Forensics and Law of Torts are his areas of research and academic expertise. As an Editorial Board member on various Journals of repute, he reviews the Scholarly Articles and advises Journals on their publication. He has presented Research and Reviews Articles at various prestigious Conferences/ Seminars and has received accolades for his presentation of the research findings. Research/ Review Articles authored by him are published as Chapters/ Monographs by institutes of repute.
  • 7. DR. AYAN DAS GUPTA M.Sc. in Geography (Gold Medalist), Ph.D (Cal) WBES, Assistant Professor, Postgraduate Department of Geography, Chandernagore Govt. College (Affiliated to University of Burdwan), Hooghly, West Bengal, India 712136 Dr.Ayan Das Gupta has Completed his Ph.D from CU in 2014 on Urban Geographical Management and Planning and he has given total service of 14 years in the Postgraduate Departments of two reputed Government Colleges in WB, one of which is the Krishnagar Government College, Nadia and the rest one is the Chandernagore Government College, Hugli. He has to his credit, total 16 publications including writings in Journals and Books of National and International Reputes. One Minor Research Project he has completed and Grant was received then, from the esteemed end of the University Grants Commission. Right now he is carrying on one Major Research Project and that's received from the State DSTBT, GoWB. He has supervised total 55 Master-level Theses or Dissertations till date. He has extended lectures in total 62 Seminars and Symposiums of National and International Levels. He has Life-membership and Editorial Membership of total 6 National and International Level Journals.
  • 8. KHWAIRAKPAM GOUTAM SINGH (M.A. (DU), UGC-NET JRF, Ph.D. (Pursuing) Ph.D. Scholar Department of Political Science Mizoram University, Aizawl (Mizoram) Mr. Khwairakpam Goutam Singh has completed his Master's Degree from the Department of East Asian Studies, University of Delhi. He has qualified UGC-NET JRF in International and Area Studies, UGC- NET in Political Science and Geography. He has passed the TET, Teacher Eligibility Test conducted by the Board of Secondary Education Manipur. Right now, he is pursuing a Ph.D. in the Department of Political Science, Mizoram University. He has a keen interest in Area Studies, International Relations, and Political Studies. He has teaching experience (one academic session) at the international school and also has working experience in some corporate sector. He has published four book chapters in the reputed books and four book reviews in the international journal. He has attended more than 30 workshops/conferences/webinars. He has participated and presented papers in various national and international level seminars/conferences and workshops. He was also represented as a session speaker (Resource Person) at the international seminar.
  • 9. About Editors YOGESHKUMAR A. ODE B.Com., LLB (Advocate) Owner of Yogeshode Associat & Co. Mr Yogeshkumar A. Ode completed has B.Com, LLB from Gujarat University. He has 6 Year Advocate Practice experience of Civil and Criminal Side at District and Sessions Court, Nadiad (Gujarat) He is 42 and more Companies panel Advocate in District Consumer Commission, At Kheda @nadiad. He has Face many Criminal matter and get positive Result in Talk of the town Criminal matter. He is Also Know Cyber law and Digital Evidence.
  • 10. DR. BIRAJLAKSHMI GHOSH Principal, Gholdigrui Sikshan Mandir, Hooghly (West Bengal) Dr.Birajlakshmi Ghosh is a commandable scholar and writer in the field of Education in India.She worked as Assistant Professor of Political Science Satsuma College, Kolkata,West Bengal.She worked as Assistant Professor of Political Science Method in Krishnanagar B.Ed College.Since 2012 She work's as Principal at B.Ed Department of Gholdigrui Sikshan Mandir,B.Ed and D.El.Ed College. She has More than 17Yers Teaching Experience in General and Teachers Training College. She has done her M.A in Political,B.Ed. And M.Ed from University of Calcutta.She obtained M.A in Education And Ph.D in Education from University of Kalyani. She has Published 19 Books in the field of Education.She has Research Article in ISSN Peer Reviewed Journal.She Has Attained and Presented paper in State, National and International level Seminar, Workshop. She worked as Head Examiner and Examiner and Paper Setter in Calcutta University, Kalyani University, Burdwam University, Shidhu-Kanu-Birsha University and West Bengal University of Teacher's Training Educational Planing and Administration. Inspite of that she is working different Projects on Environmental Protection
  • 11. N.RENUKA Research Scholar Department of Law University of Technology, Jaipur (Rajasthan) Mrs.Renuka, possess a strong academic track record, she is a PhD Research Scholar in the Department of Law from University of Technology, Jaipur. She has done her Bachelors in Law from Osmania University, Hyderabad. She has secured University 6th Rank in BA LLB and a topper in the college. She completed her Masters in Law (Scored First Class) with Specialization in Mercantile Law from Osmania University. She has done Diploma in Personnel Management and Industrial Relations and P.G Diploma in Cyber Laws, Legal Information Systems and IPR’s (from the First batch in whole of South East Asia) from Hyderabad Central University with Distinction. She has completed Bachelors of Education from Bangalore University with Outstanding performance. She is a winner of many Commendable and Highly Commendable titles in essay writing competitions held by “Competitive success Review (an All-India Magazine). She has 9years of corporate experiences in various fields of Law and 3 years of teaching experience. She has also participated and presented paper at International Conference. She has published research paper in reputed Journals and chapters in edited books. She received Research Excellence Award – 2020. Her fields of interests are Law of Contracts, Cyber Laws, Intellectual Property and Environmental Law.
  • 12. PRASANTA MUJRAI Ph.D Research Scholar Department of Geography and Environment Management Ramakrishna Mission Vidyabhavan (H.S), Midinapur (West Bengal) I Am Research Scholar (Ph.D.) Of Shri Jagdishprashad Jhabarmal Tibrewala University, Jhunjhunu, Rajasthan, And I Also Qualified Nta Ugc Net (Two Times). I Have Currently Working at Ramakrishna Mission Vidyabhavan (H.S) As an Assistant Teacher of Geography. I Have More Than 12 Years of Teaching Experience. I Have Also Published Above 30 Book Chapters in The Field of Geography, Environment, And Many Current Topics and Published Many Research Articles in National and International Journals. I Have Also Attained State; National and International Level Seminars, Webinars, And Workshops.
  • 13. INDEX No. Title Author(S) Page No. 01. Rethinking Cyber Crime Investigation and Prosecution in India – Need for Reforms -Abhishek Sharma P. 02. Protection of Women and Children in Cyberspace -N.Renuka 03. Cyber Violence and Victimization of Women: An Overview -Gitashree Sharma 04. Nature, Scope of Cybercrime and Its Classification -Prasanta Mujrai 05. Emerging Trends in Cyber Crimes: Issues & Concerns -Sajith S 06. Issues And Challenges Associated with Cybercrime and Fraudulence in The Spectrum of Information- Technology – A Qualitative Estimation -Dr. Ayan Das Gupta 07. An Analysis of Cybercrime on Social Media Platforms and Its Challenges in Current Scenario -N. Hariharan
  • 14. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 1 DIP: 18.10.9198758284.001 RETHINKING CYBER CRIME INVESTIGATION AND PROSECUTION IN INDIA – NEED FOR REFORMS ABHISHEK SHARMA PADMANABHAN. Assistant Professor of Law, School of Law CHRIST (Deemed to be University) ❖ ABSTRACT: ICT is utilised not just by ordinary people, but also by criminals and terrorists to perpetrate crimes. We have not placed enough focus on Computer forensics, as well as on the investigation and prosecution of Cyber Crimes. The time has come, however, when we can no longer turn a blind eye. Dedicated Computer forensic laboratories must be equipped with sufficient qualified personnel, the most up to date equipment, and the best software available on the market today. To effectively present electronic evidence, there is an urgent need for public prosecutors to receive specialised training in this area. This foundation is essential for the development of the country's e-commerce, e-government, and information technology sectors. Keywords: Computer forensics, criminal justice system, Cyber Crime, forensic laboratory, National e-Governance Plan 1) ROLE OF E GOVERNANCE IN CRIMINAL JUSTICE SYSTEM: There has been a rapid rise in the use of Computers, Mobile phones, Personal Digital Assistant (PDAs), and other electronic gadgets, as well as of the Internet and other communication technologies, over the last several years. The tools of information and communication technology (ICT) are now inexpensive and within reach of the average person. Computers and other electronic gadgets are now commonplace. Nonetheless, ICT is being utilised not only by regular people to manage the complexities of modern life, but it is also being exploited by hardened criminals and terrorists to perpetrate illegal activity. It seems that it is quite easy to commit crimes as
  • 15. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 2 illegal, criminal, and terrorist acts are all being carried out with the aid of ICT. More often than not, the border between inventive innovations and horrific crime is imperceptibly thin in cyberspace. People commit crimes in cyberspace that they would not commit in the real world because of the seeming anonymity. The majority of cyber-crimes reported to the Police are related to forgery, fraud, criminal breach of trust, obscenity, hacking, tampering with systems, violation of confidentiality, intellectual property rights, piracy, propagating hatred, identity theft, and wardriving, among other things.. In relation to the E-governance activities in India, the National e- Governance Plan (NEGP) serves as the general framework. The Mission Mode Projects (MMPs) are a way for NeGP to focus on computerising different parts of governance by making them more computerised. However Computer Forensics has received less attention and the questions relating to relevancy and admissibility of Electronic Evidence in Torts and Civil disputes have not yet been answered. Electronic evidence disputes will become more prevalent as MMPs mature and other e-governance efforts grow in popularity. In both Civil and Criminal proceedings, this will be the standard procedure to be followed. The Government cannot afford to overlook the Criminal Justice system, which is the most essential Sovereign duty of the Government. A critical component of the MMP on e-Police and e-Court is Computer Forensics, which has been overlooked. There must be effective Cyberspace Policing and the Police must be able to manage electronic evidence in both Cybercrimes and traditional crimes if the IT industry is to thrive. In any case, people should not be subjected to unwarranted restrictions on their use of ICT tools, and they should not have their daily lives disrupted in the name of security. 2) COMPUTER FORENSICS AS A TOOL TO COMBAT CYBER CRIMES IN INDIA: Electronic devices are either the objective or the means of committing a Cybercrime in Cyberspace, or they are used as a byproduct of a Cybercrime. The vast majority of Cybercrimes are not in any way different from the other crimes, as the main difference is that the Evidence is often in Electronic form, or that the tools used to perpetrate the crimes are ICT tools. The truth is that the vast majority of Crimes committed nowadays contain some element of Technological evidence, such as phone conversations and text messages as well as emails and computer files, among other things, The majority of Cybercrime cases in India are
  • 16. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 3 prosecuted on the provisions of the Indian Penal Code, 1860 (IPC) and Laws on Economic offences, with just a small number being prosecuted under the Information Technology Act 2000 (IT Act). In contrast, provisions in the IT Act enable the admissibility of electronically stored information in legal proceedings. The Cybercrime is not constrained by Geographical limits to take place and it is now widely acknowledged that Information warfare poses a National Security concern. In fact, the term "IT disaster" is one of the latest contributions to the list of man-made disasters. This demonstrates the urgent need for real-time International cooperation to combat cybercrime. There must be recognition of computer forensic investigations conducted by foreign countries in the domestic legal system. In order to avoid negative publicity and client distrust, many Businesses choose not to notify the Police when their networks are attacked. Additionally, Businesses fear that Authorities may take their servers and that they would fall into the hands of Government officials for an extended period of time, resulting in significant financial loss. However, brushing the matter under the rug will only serve to increase the confidence of offenders. This new technology has impacted society and crime patterns, hence the Criminal justice system must be re-evaluated to deal with the new technology's effect on society and crime patterns. Computer Forensics, also known as Digital forensics or Cyber Forensics, has emerged as a new field because of the increasing prevalence of evidence in electronic form in even the most minor of crimes. It is the analysis of computer devices, networks, routers, volatile memory, digital cards, telephone call records, and geographic information with the goal of accumulating evidence against criminal activity or civil violation and presenting it in court of law. Live data (such as Internet Messaging or RAM's volatile memory) and recorded data (such as hard drive files) are both subjected to examination in this process. This includes speaker identification, video authentication, email tracing, and the search for deleted files on laptops and other devices, as well as the decoding of passwords and steganography (to decipher concealed communications). Server memory can now reach terabytes, therefore photographing the complete memory of the server is not always feasible. Server and router log files are critical to the computer forensic investigation. Data recovery and forensics investigations rely on the cooperation of server and network administrators, who may be based in the same country or abroad. There has been a lot of interest in Computer Forensics in the last several years. In contrast to traditional Crime investigation, there is no
  • 17. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 4 detailed manual or standard operating procedure (SOP) that the investigators can use to help them in Cyber Crimes. It is necessary to have special skills and abilities to conduct a search and seizure of electronic devices and evidence. Damage to or tampering with evidence may occur if electronic evidence is not recorded and preserved properly. The Investigators may be held liable if they engage in improper or unlawful surveillance. Many of the tools utilised by the investigators are not even validated, owing to the fact that ICT is a complicated and continuously evolving sector. This means that Cybercrime investigators may employ technologies whose legitimacy cannot be verified through a formal legal process in their preliminary inspections. There is no doubt that most Cyber criminals are highly educated and highly professional, probably even better educated and more technologically sophisticated than most Police officers. A variety of Anti- forensic tools and techniques are employed to keep them hidden from discovery by Forensic software. Strong encryptions and locks are used in a wide range of software products that are difficult to break. Criminals hide behind such barriers to avoid detection. 3) TECHNOLOGICAL DEFICIT IN CYBER CRIME INVESTIGATIONS AND PROSECUTIONS: The investigation and gathering of Evidence in the Criminal Justice system will be of little value unless the Prosecution is able to secure the conviction of the accused in question. If the investigating agency fails to prosecute the accused, it damages its reputation and raises questions about its motives and capabilities. Conviction in Cybercrime is seldom an easy or straightforward process. All of the evidence in some Cybercrimes may be electronic, without any physical proof or human witnesses. The Computer Forensic examiner will, of course, be the observant witness in this case. Accordingly, the accused can challenge and question whether Electronic evidence is admissible, reliable or legitimate. Electronic evidence must be admissible, authentic and reliable in order to be admissible in court, and the forensic examiner must prove this. There are Computer Forensic cells in the Central Forensic Laboratories (CFSLs) and General Examiners of Questioned Documents (GEQDs) in Chandigarh, Hyderabad, Kolkata, and Shimla, as well as the CFSL CBI in New Delhi. Most states have Computer forensic units, although they are heavily reliant on the Computer Forensic cells at the Central Laboratory. Despite the fact that State Governments are supposed
  • 18. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 5 to deal with Cyber-Crimes, they lack the resources to properly investigate them. In India, the reports of Central Laboratories are frequently accepted by the courts. For the purposes of scientific examination, the Code of Criminal Procedure, 1973 (CrPC) acknowledges only a limited number of labs. The strain on Central Computer Forensic Laboratories has grown much too large as the number of Cybercrimes increases by great strides. As part of their duties, Digital Forensic Examiners must appear in court and be cross-examined. They must also produce written reports to the appropriate authorities. The capacity for handling Digital Forensic Examination cases per examiner each year, on the other hand, remains constant, resulting in a backlog of cases to deal with. The Prosecution's ability to bring charges and secure the accused's custody is jeopardised if forensic examinations are delayed. Computer Forensic Labs are in dire need of a massive expansion since they lack the staff and resources to handle even the most basic of demands. The prosecution of Cyber-Crime cases will be significantly hampered in the near future if the expansion does not occur soon. It is also necessary to update laboratory equipment and replace outdated ones. The growing number of Cybercrime cases is overwhelming the Central Forensic laboratories, and it is critical that State Governments increase the expertise to deal with cybercrime. There should be a Computer Forensics Cell at the District and State levels. For Digital Forensic Investigation, the Central Laboratories can standardise equipment, toolkits, and software as well as the Forensic Examination technique. The Central laboratories may certify State Government technicians on a regular basis. Legally, this will make it easier for States to conduct Digital Forensics and submit evidence in Court. As a matter of course, the examiners will seek legal authorization pursuant to Section 45 of the Indian Evidence Act, 1872 and Section 293 of the Cr PC. It is necessary to increase the number of police who are authorised to look for Cyber Criminals under Section 80 of the IT Act. A Public-Private Partnership (PPP) may be necessary in this industry because the Private sector is better at absorbing new technologies. 4) CONCLUSION: Our Social and Economic well-being has been impacted by the ICT revolution, but so has the Criminal Justice system. Inevitably, Cybercrime will become more ubiquitous as it has and is happening in the world, it has and is happening. In order to deal with the looming predicament, we must prepare our Criminal Justice system. Computer Forensic Laboratories now
  • 19. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 6 lack the staff and resources to meet even their most basic needs and a revamp of the system is required. Experts and the most up-to-date technology and software must be employed in Computer forensics laboratory. The upgrading of the police force must include computer forensics. In addition, Public Prosecutors must be taught to present Electronic Evidence in a sound manner and to argue the case in Cyber-Crimes. The development of ICT in the country will be severely affected if we do not successfully combat Cybercrime, bring offenders to Justice, and maintain a tight rein on Cybercrime. It will have a negative impact on our efforts in E-commerce and E-governance. ❖ REFERENCES: 1. Ashley Brinson, Abigail Robinson, Marcus Rogers, a cyber-forensics ontology: Creating a new approach to studying cyber forensics, Digital Instigation, Elsevier, 2006 2. Barkha, Mohan UR. Cyber law and crimes. IT Act 2000 and Computer Crime Analysis. 3rd ed. 2011. p. 1-8 3. Benjamin Turnbull, Jill Slay, Wireless Forensic Analysis Tools for use in the Electronic Evidence Collection, IEEE Proceedings of the 40th Annual Hawaii International Conference on System Sciences-2007 (HICSS’07) 4. Gupta AK, Gupta MK. E-governance initiative in cyber law making. International Archive of Applied Sciences and Technology. 2012 Jun; 3(2):97-101. 5. Ibrahim M. Baggily, Richard Mislan, Marcus Rogers, Mobile Phone Forensics Tool Testing: A Database Driven Approach, International Journal of Digital Evidence Fall 2007, Volume 6, Issue 2 6. Information Technology Act 2000. Available from: http://www.dot.gov.in/act-rules/information-technologyact-2000 7. Juneed I. Bilal M. 2017. Cyber crime in India: Trends and Challenges. International Journal of Innovations & Advancement in Computer Science, 6(12): 2347 – 8616 8. Policing cyber crimes: Need for National Cyber Crime Coordination Centre. 2016. Available from: http://www. orfonline.org/expert- speaks/policing-cyber-crimes-needfor-national-cyber-crime- coordination-centre/ 9. Rastogi A. Cyber Law, Law of Information Technology and Internet. 1st ed. Lexis Nexis; 2014. p. 1-17.
  • 20. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 7 DIP: 18.10.9198758284.002 PROTECTION OF WOMEN AND CHILDREN IN CYBERSPACE N. RENUKA Research Scholar Department of Law, University of Technology, Jaipur, (Rajasthan) ❖ ABSTRACT: Someone rightly said “For every lock there is someone out there trying to pick it or break in”. Usage of new technology is not only paving a way to a new way of life, but also is paving new ways to new crimes. While men and adults are also victims of these crimes, women and children are soft targets and easily become victims of many crimes, one such is cybercrime, which has increased more in these pandemic situations. Due to the fact that life has taken a drastic change overnight becoming online, right from education to work, its seen 400% rise in the cyber crime cases seen in the recent dates. Keywords: women, children, cyber-crime, cyber space, protection, laws ❖ INTRODUCTION: “As the World is increasingly interconnected, everyone shares the responsibility of securing cyberspace” - Newton Lee “Any unlawful act where a computer or communication device or computer network is used to commit or facilitate the commission of crime” is a cyber crime. There are different forms of cyber crimes encountered by women and children in the present situation, few are them cyber stalking, sextortion, cyber hacking, cyber-bullying, phishing, pornography, cybersex trafficking, sexual abuse of children, child grooming. Steps to be taken to avoid cyber crimes and to protect women and children from predators
  • 21. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 8 Prevention is better than cure, we need to • Secure our devices by - using (passwords, anti-virus, anti- spyware), keeping software updated, using authentic sites to download software, not using public wifi, by encouraging using strong passwords, and multi-factor authentication, managing browser settings to provide optimal security, Disabling Bluetooth, location etc. when not in use, giving minimal permissions to apps, by reviewing privacy settings on social media and by keeping phones locked when not in use. • We need to be more vigilant by - not falling for phishing click bait (message/email from unknown sender, prizes, bonus etc.), not responding to friend requests from unknown senders on social media, being careful about the personal details being shared online (limit as much as possible), not sharing any bank details, mobile numbers, etc. – banks and other authentic institutions never ask for such details, staying vigilant about any suspicious bank activities – knowing how to block ATM cards/credit cards in case of any suspected frauds, being careful about using any and every eCommerce site – choose COD and avoid paying online if not sure and by being careful and managing appearances on video calls • Need to be resilient - If bank fraud is suspected, contact the bank’s local branch or relationship manager immediately. Block ATM card/credit cards, filing an FIR, filing a cyber complaint - National Cyber-crime reporting portal https://cybercrime.gov.in/, National Commission for Women (NCW) – registering complaints through emails ncw@nic.in, complaintcell-ncw@nic.in, talk to family and friends and don’t hesitate to ask for support. ❖ FOR CYBER BULLYING OR HARASSMENT: 1. Assuring the kid about their safety 2. Listening to them carefully, without judging 3. Enhancing privacy settings on social media apps 4. If the bully is from the school, raising the issue with the school authority 5. If there are threats to life, raising a police complaint 6. Also, capturing all the necessary evidence that can support the complaint 7. Creating a supportive environment at home
  • 22. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 9 8. Helping the child to mentally heal through counseling and other means ❖ REPERCUSSIONS OF CYBER CRIME: Mental & Psychological Repercussions Any victims generally undergo a psychological problem which brings them to experience suicidal and many other thoughts as a means of escaping the torture. Some of the mental and psychological issues are - • Depression and anxiety - victims of cybercrime may succumb to anxiety, depression and other stress related conditions. It also can increase feelings of worry and isolation. • Low self-esteem - Targets feel intense dissatisfaction with who they are. As a result, they can begin to doubt their worth and value. Children have an intense psychological need to be part of and accepted by a peer group, it may also cause psychological maladjustment, reduced wellbeing and ultimately low self- esteem. • Suicidal thoughts and self-harm - sometimes targets respond to their intense feelings by harming themselves in some way. Children that are constantly tormented by peers through text messages, instant messaging, social media or apps often begin to feel hopeless and that the only way to relieve the pain is ending their life. Emotional Repercussion • Humiliation - Victims can feel exposed, embarrassed and overwhelmed. When cybercrime occurs, the nasty posts, messages or texts can be shared with multitudes of people. The sheer volume of people that know about the same can lead to intense feelings of humiliation. • Isolation - cybercrime sometimes causes children to be excluded. They often feel alone and isolated. • Anger - victims get angry about what is happening to them. In fact, research indicates that anger is the most common response to cyberbullying. In a few instances, victims may even plot revenge and engage in retaliation. • Powerlessness - victims may feel vulnerable and powerless. These feelings surface because cybercrime can invade their home through a computer or mobile at any time of the day. They no longer have a place where they can escape.
  • 23. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 10 Physical Repercussions Being targeted by predators can be crushing, especially if a lot of kids are participating in it. Sometimes victims feel tired, loss of sleep or experiencing symptoms like stomach aches and headaches and the feelings of being laughed at or harassed by others can prevent people from speaking up or trying to deal with the problem in extreme cases of people taking their own lives. Losing weight or changing appearance, being cautious and not allowing parents or other family members to use their devices are some of the symptoms of being cyber bullied. The following are some more physical issues caused to a victim of cyberbullying. • Gastrointestinal issues - stress of being prey also can cause or worsen conditions like upset stomach, abdominal pain and stomach ulcers. Children may also struggle with frequent nausea, vomiting and diarrhea. • Disordered eating - victims may experience changes in eating habits like skipping meals or binge eating. Because their lives feel out of control, they look to their eating pattern as something they can control. These efforts may morph into a full blown eating disorder. • Sleep disturbance - experiencing cyber-attack can impact a person's sleep patterns. They may suffer from sleep issues like insomnia, sleeping more than usual or nightmares. Behavioral Repercussions Children who are cyber attacked may display some behavioral changes as those who are bullied in more traditional ways. They may exhibit a loss of interest in activities and engage in secretive behavior. Evidence of drop in the social behavior shows avoiding friends or social events, children might start isolating themselves, more than usually they do. Children might become more quiet and withdrawn, they might also feel hard to concentrate on any work might lose interest in activities, because of which their academic performance might drop. In extreme cases, when cyberbullying is prolonged, victims sometimes even exhibit more significant behavioral changes. These may be - • Using drugs or alcohol - Victims who are harassed online are more likely to engage in substance abuse. It is observed that victims engage in drinking more than their peers. • Skipping school - sometimes when kids are cyberbullied, the thought of going to school is just more than they can handle.
  • 24. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 11 Consequently, it’s not uncommon for them to skip school or even behave in such a way that results in suspension. • Carrying weapons - even more concerning is the fact that kids who are cyberbullied are more likely to bring weapons to school. ❖ LEGISLATIVE FRAMEWORK OF CYBERSECURITY IN INDIA: In this present tech-savvy world where not only the dependency on the internet has increased but crimes pertaining to it has also increased and to combat such crimes the Information Technology Act, 2000 (IT Act) was enacted and certain amendments were also made in the Indian Penal Code, 1860 (IPC) to take cybercrimes into its purview. The IT Act is the main act which deals with the legislation in India governing cybercrimes. Certain cybercrimes that can be committed against women and children are being prosecuted under section 66 which deals with hacking, section 67 which deals with publishing or transmitting obscene material in electronic form, and Section 72 which deals with breach of confidentiality. Section 67 B deals with the punishment for publishing or transmitting of material depicting children in the sexually explicit act in electronic form] Cyber defamation, cybersex, email spoofing, and trespassing into one’s privacy domain is not expressly mentioned under this Act. Cyber Appellate Tribunal is established under the IT Act to stop cybercrimes and punish those who are the offenders. Apart from Section 354 and 509 of IPC which deals with outraging the modesty of women or usage of word, gesture or act to insult the modesty of women, this code was further amended and certain provisions have been introduced to directly redress cybercrimes like cyberstalking under Section 354D and Voyeurism under Section 354C. Although obscenity on the internet is not defined as a crime under the IPC, the internet has now provided a medium for facilitating such crimes. In addition to the IT Act, the Protection of Children from Sexual Offences Act, 2012 (POCSO ACT) also provides legal protection against sexual assault, sexual harassment, and child pornography The POCSO Act is applicable where the victim is under eighteen years of age. ❖ SCHEMES AND COMMISSIONS FOR THE PROTECTION OF WOMEN AND CHILDREN: The Ministry of Home Affairs had constituted an expert group named Cybercrime Prevention against Women and Children (CCPWC). This
  • 25. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 12 scheme has been examined by the National Commission for Women and constitutes several IT experts and the Indian Institute of technology to effectively curb the Cyber Crime in the country and create awareness among the people. Some of the functionaries which are constituted under the committee are the Online Cybercrime Reporting Unit, Forensic Unit, and Capacity Building Unit. Another body is the National Commission for Protection of Child Rights (NCPCR) was established under Section 13 of the Commission for Protection of Child Rights Act, 2005. The aim of this commission is to make sure that no Child Rights are being violated as provided under the Constitution of India as well as the UN Convention on the Rights of the Child. The major responsibility of this commission is to maintain the responsibilities provided under the POCSO Act, 2012, and Right to Education Act, 2009. ❖ LEGAL PROVISION: Information Technology Act, 2000 Section 66E: Punishment for violation of privacy This section punishes the offender who intentionally or knowingly captures, publishes, or transmits the image of a private area of any person or a person engaged in private activities without the consent of such person. Punishment: Imprisonment which may extend to 3 years or fine which may extend to two lakh rupees, or with both. Section 67: Punishment for publishing or transmitting obscene material in electronic form This section punishes the cybercrime offender who publishes or transmits in the electronic form, any material which; 1. Is lascivious (capable of arousing sexual desire), or 2. It tends to deprave and corrupt the persons who are likely to read, see or hear the matter contained in it. Punishment: First conviction- Imprisonment which may extend to 3 years and fine which may extend to 5 lakh rupees. Second/subsequent conviction- Imprisonment which may extend to 5 years and fine which may extend to 10 lakh rupees. Section 67A: Punishment for publishing or transmitting of material containing the sexually explicit act, etc. in electronic form
  • 26. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 13 This section punishes the offender who publishes/ causes to publish or transmits/causes to transmit in electronic form any material which contains sexually explicit act or conduct. Punishment: First conviction- Imprisonment which may extend to 5 years and fine which may extend to 10 lakh rupees. Second/subsequent conviction- Imprisonment which may extend to 7 years and fine which may extend to 10 lakh rupees. Section 67B: Punishment for publishing or transmitting of material depicting children in the sexually explicit act, etc. in electronic form This section punishes the offender who publishes/causes to publish, or transmits/causes to transmit, or creates text or digital images, collects, seeks, browses, downloads, advertise, promotes, exchanges, or distributes any material, in electronic form which depicts children engaged in a sexually explicit act or conduct. It also punishes the offender who cultivates, entices, or induces children to online relationships with one or more children for a sexually explicit act, or who facilitates online abusing of children, or who records in any electronic form abuse or sexually explicit act with children. Punishment: First conviction- Imprisonment which may extend to 5 years and fine which may extend to 10 lakh rupees. Second/subsequent conviction- Imprisonment which may extend to 7 years and fine which may extend to 10 lakh rupees. Indian Penal Code, 1860 Section 354A: Sexual harassment and punishment for sexual harassment This section punishes the offender who commits any of the following acts- 1. Physical contact and advances involving unwelcome and explicit sexual overtures; 2. A demand or request of sexual favors; or 3. Showing pornography against the will of the woman; or 4. Making sexually colored remarks. Any of the above-mentioned acts if committed with the use of the internet, computer device, or computer network, amounts to cybercrime and is punishable under this section. Punishment: Imprisonment which may extend to 3 years, or fine, or with both. Section 354C: Voyeurism
  • 27. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 14 This section punishes the offender who watches or captures the image of a woman engaging in a private act when she believes and expects not to be watched or observed by the perpetrator or any other person. Punishment: First conviction- Imprisonment which shall not be less than one year, but which may extend to 3 years and fine. Second/subsequent conviction- Imprisonment which shall not be less than 3 years, but which may extend to 7 years and fine. Section 354D: Stalking This section punishes the offender who- 1. Follows a woman and contacts/attempts to contact such woman with the intention to establish a personal interaction despite clear indication of disinterest by such woman; or 2. Monitors the use by a woman of the internet, email, or any other form of electronic communication. Punishment: First conviction- Imprisonment which may extend to 3 years and fine. Second/subsequent conviction- Imprisonment which may extend to 5 years and fine. Section 503: Criminal intimidation This section punishes the offender who threatens another with any injury to his person, reputation, or property with the intent to cause alarm to that person or to cause that person to do any act which he/she is not legally bound to do or to omit to do any act which that person is legally entitled to do. Punishment under Section 506: Imprisonment which may extend to 2 years, or with fine, or with both. Punishment for criminal intimidation by imputing unchastely to a woman: Imprisonment which may extend to 7 years, or with fine, or with both. Section 509: Word, gesture, or act intended to insult the modesty of a woman This section punishes the offender who, intending to insult the modesty of a woman, utters any words, makes any sounds or gesture, or exhibits any object, or intrudes upon the privacy of such woman. Punishment: Imprisonment which may extend to 3 years and fine.
  • 28. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 15 The Indecent Representation of Women (Prohibition) Act, 1986 Section 4: Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women This section prohibits the production, sale, letting to hire, distribute, or circulation by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation, or figure which contains indecent representation of women in any form. Punishment under Section 5: First conviction: Imprisonment which may extend to 3 years and fine which shall not be less than fifty thousand rupees, but which may extend to one lakh rupees. Second/subsequent conviction: Imprisonment which shall not be less than 2 years, but which may extend to 7 years and fine which shall not be less than one lakh rupees, but which may extend to five lakh rupees. Protection of Children from Sexual Offences Act, 2012 Section 11: Sexual harassment of child and punishment therefore Under this section, the sexual harassment of children has been defined. Sexual harassment of a child is said to be committed when the offender- 1. Utters any words, makes any sounds or gesture or exhibits any object or part of the body with the intention harass such child; or 2. Makes a child exhibit his body or any part of his body so as it is seen by such offender or any other person; or 3. Shows any object to a child in any form or media for pornographic purposes; or 4. Repeatedly or constantly follows/watches/contacts a child either directly or through electronic, digital, or any other means; or 5. Threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act; or 6. Entices a child for pornographic purposes or gives gratification. Punishment for sexual harassment of a child under Section 12: Imprisonment which may extend to three years and fine. Section 13: Using child for pornographic purposes and punishment therefore
  • 29. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 16 Under this section, the offender who uses a child for sexual gratification, in any form of media (including Advertisement or Programme telecast by TV channels or internet or any other electronic/printed form), shall be guilty of the offense of using the child for pornographic purposes. The use of a child for sexual gratification includes- 1. Representation of sexual organs of a child; 2. Using a child engaged in real or simulated sexual acts (with/without penetration); 3. The indecent or obscene representation of a child. Punishment under Section 14: First conviction- Imprisonment which may extend to 5 years and fine. Second/subsequent conviction- Imprisonment which may extend to 7 years and fine. ❖ CYBER CRIME COMPLAINT REGISTRATION: The victim of cybercrime can register the complaint by any of the following methods: 1. Online Cyber Crime complaint (National Cybercrime Reporting Portal), 2. Offline Cyber Crime complaint (Cyber Crime Cell), 3. FIR (Local Police station). However, during the time of the pandemic, the most feasible and recommended method to register a cybercrime complaint is the online method via National Cyber Crime Reporting Portal. Through this method, the victim can register the complaint of the crime committed against her at the ease of sitting at her home. The victim will not have to visit any police station or cybercrime cell for the formalities or submitting the evidence. The relevant evidence can also be uploaded on the Cybercrime Portal at the time of registering the complaint. Moreover, the victim will have the option of tracking the status of her complaint with the help of her registered mobile number. The victim doesn’t need to register the complaint, any person on behalf of the victim can also register the complaint on Cybercrime Portal. Also, the victim/complainant can register the complaint anonymously i.e., the identity of the victim/complainant will not be revealed under this option. To track the status of the complaint in the future, the victim/complainant shall choose the option of “Report and Track” under which he/she will have to register with the mobile number and email ID. Under this option,
  • 30. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 17 the victim/complainant will receive a timely update of all the investigations and actions taken by the police officer concerning the complaint registered. Another option that is available to the victim for the registration of the cybercrime complaint is the offline method i.e., the victim can make a written complaint to the nearest cybercrime cell and such written complaint shall be addressed to the Head of the respective cybercrime cell. The complaint application shall be accompanied by the name, contact details, mailing address, and other relevant documents/evidence of the victim/complainant. In case, the victim/complainant does not have access to any of the cybercrime cells in India or internet services or devices, he/she can file an FIR at a local police station with all the relevant information and evidence. ❖ CONCLUSION AND RECOMMENDATIONS: When it comes to fighting against cybercrimes especially against children and women, India is at the bottom. Cyber Crimes in India are not taken seriously and most of the time such cases are not recorded in India due to many reasons, including lack of awareness among the authorities who are handling such cases and due to hesitancy of the victim and the fear of defamation of family’s name. Even the naïve Indian parents are not aware of legal remedies and some even end up victim-blaming and due to the social stigma involved police action is not taken. There are few ways to protect children from cybercrimes such as by using parental control software, placing computers in highly trafficked areas and setting limits on internet access to a few websites, and by maintaining backup and security checking. Educating parents and children is the key to preventing cyber crimes. Children and women should understand the impact of sharing information online and how it can be misused by the public at large. They should also be encouraged to report strange and obscene websites or unwanted contacts. In order to spread awareness Cyber Crimes as a subject must be included in the school curriculum. Age verification must be made mandatory while accessing the website containing explicit content. The law enforcers and stakeholders like the police need to keep pace with the advancing technologies and make sure that they can identify the actual perpetrator with ease. The cyber-world is entirely different from the real world but it has the capacity to engage crimes that happen in the real world.
  • 31. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 18 ❖ REFERENCES: 1. https://www.mha.gov.in/division_of_mha/cyber-and-information- security-cis-division/Details-about-CCPWC- CybercrimePrevention-against-Women-and-Children-Scheme 2. https://blog.ipleaders.in/everything-about-cybercrimes-against- women/ 3. https://garph.co.uk/IJARMSS/Jan2015/8.pdf 4. https://blog.ipleaders.in/cybercrime-women-children-escalation- cybercrime-pandemic-laws-curb/ 5. https://vikaspedia.in/social-welfare/women-and-child- development/women-development-1/legal-awareness-for- women/cyber-crimes-against-women 6. https://cybercrime.gov.in/ 7. https://www.crccnlu.org/post/children-and-women-innocent- targets-of-cybercrime
  • 32. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 19 DIP: 18.10.9198758284.003 CYBER VIOLENCE AND VICTIMIZATION OF WOMEN: AN OVERVIEW GITASHREE SHARMA M.Phil Research Scholar Department of Political Science, Dibrugarh University, Dibrugarh (Assam) ❖ ABSTRACT: With the advancement of science and technology, cyber violence against women is also at its peak. No doubt the ICT has brought tremendous improvements in the life of women. But at the same time, with the advancement in ICT, the virtual world has also become a source of violence against one of the vulnerable sections of society i.e "women". The paper has tried to highlight some of the reasons that are responsible for the cyber violence against women. The paper has also tried to point out different forms of cyber violence which are faced by women in their day to day life. Besides, the provisions to way out have also been included further. Keywords: Information and Communications Technology, Cybercrime, Violence, Women’s rights, Society. ❖ INTRODUCTION: Information and communications technology (ICT) has brought revolutionary changes to every sphere of human life. It has transformed the world into a global village. It has made the life of an individual easy and complicated too. Cost-effective and speedy communication, easy accessibility of much information, creation of new jobs, greater accessibility of educational opportunities, bridging the cultural gap, availability of easy transactions etc are the benefits brought by ICT. Every aspect has both positive and negative consequences and hence ICT is not beyond that. The greater reliability of individuals on ICT has made it an inevitable component of an individual’s life. ICT has also played a vital role in empowering women. It has made the complicated life of women
  • 33. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 20 easy to an extent. ICT has enlarged the scope of education and employment women also. It works as a place for women from sharing their horrifying to success stories. The household works to which women are bounded to engage with has also been made comfortable by ICT. However, though Information and communications technology has led to revolutionary change, simultaneously it has also posed a huge security threat to women. Cyberspace has become a new medium of violation against women. Cybercrime is nothing but an unlawful, unethical or illegal activity that is carried against individuals in the virtual world with the help of internet. Hence, Crime through the internet is often referred to as cyber crimes (Prameswari, 2017). Matthew Richardson has defined cybercrime as an act where a computer network is used as a medium and the place to commit the crime (Prameswari, 2017). Cyberspace has become a very easy mode in the hand of offenders to victimise women in different ways. The United Nations defines violence against women as "any act of gender- based violence that results in or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life" (Singh,2015). In the words of Jurgita Peciuriene, EIGE’s programme coordinator for gender-based violation “ Women are more likely than men to be victims of severe forms of cyber violence and the impact on their lives is far more traumatic” (Singh,2015). Sati Pratha (tradition), rape, domestic violence, wife battering, dowry harassment and death, sexual harassment, honour-killing, female infanticide, acid-attack, eve-teasing, molestation, kidnapping, etc. the verities forms of “physical” or “offline” violation against women are continuing from years ago and now a new form of violation could also be termed as cyber violation or “online” violation has also been growing against women; facilitated by information and communications technology has made the life of women more pathetic. A survey has been conducted by the united nation in 22 countries including India over 14 thousand women aged between 15 to 25 years. According to this survey, 35% of women in the world are victims of some kind of violence, whereas 60% are victims of cyber violence. The survey has also reported that 39% of women in Facebook, 23% in Instagram, 14% in Whatsapp, 9% in Twitter, 6% in Tik Tok and 10% in Snapchat face online violence. As a result, 20% of cyber victims are forced to shut down their online accounts. Cyberspace has become another source of violation to victimise women through verities of ways including
  • 34. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 21 harassment via e-mail, cyber-stalking, cyber defamation, morphing, email spoofing, cyber pornography and cyber sexual defamation, cyber flirting, cyber bullying etc. (Jeet,2012). Though cyber violence against women has been mushrooming day by day, in most cases it is seen that lawmakers have limited themselves in formulating strict laws or rules to control cyber crimes against women. In comparison to the expansion of electricity, TV, radio and personal computer, the spread of internet technology was such faster that it has covered 50 million people in 4 years and also became the cheapest and the easy source to target women or to threaten women's security (Singh, 2015). ❖ THE REASONS BEHIND WOMEN’S VICTIMIZATION IN CYBERSPACE: 1. Though ICT has transformed the world into a village and also provided a base for the new form of socialisation but at the same time, it has separated individuals from their own family or community. All members of the family except the homemakers have no time for their family. As a result in such situations, women feel aloof and try to overcome the feeling of loneliness and enter the virtual world of socialisation. Instant messaging, chatting, video conferencing etc. have become a source to overcome the problem of existential crisis that they face. It is found that women are emotionally expressive hence they share not only their personal information but also many other confidential data to a stranger and it ultimately helps an offender to caught women in a trap ( Saha & Srivastava, 2014). 2. Lack of awareness of privacy policy, safety measures in using network site, protection from virus, malware, Trojans, spam etc are also the common reason behind women's victimization in cyberspace ( Saha & Srivastava, 2014). The lack of knowledge or awareness of women to securely access information and communications technology due to verities of reasons such as social, cultural, educational etc could also be the cause behind the increasing trend of cybercrime against women (Prameswari, 2017) 3. The amount of importance that must be given to restrain cyber violence against women is not given and such negligence on part of lawmakers also provides a greenfield for the perpetrator. So, the lack of a specific policy to regulate cyber crimes has also paved a
  • 35. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 22 fertile ground for predators from being caught. Besides, the unawareness on part of individuals regarding the available cyber law is also another major cause of cyber violence. Moreover, the trend of blaming women for every incident that happen against their interest is also a reason of disinterest on part of women to move towards reporting the cases of violence against them ( Saha & Srivastava, 2014). 4. The respectability of Indian patriarchal is solely dependent on the "honour" of women. As a result, women become the primary target of the offenders in the virtual world too ( Saha & Srivastava, 2014). 5. It is quite difficult to reach the perpetrator because of "Anonymity" facilitated by the internet. Besides, such crimes could be cross- national and thus becomes quite difficult to deal with or for quick solution of such problems (Prameswari, 2017). ❖ FORMS OF CYBER VIOLENCE: Different forms of cyber violence are carried out by offenders against women to destroy or ruin their image in front of society for many inexcusable reasons. Illegal content is a form of cyber violence where a perpetrator tries to load or spread the untrue, unethical or confidential contents of the victim on the internet to defame the dignity which later might lead to huge material or non-material destruction (Prameswari, 2017). Similarly, Morphing is another form of cybercrime where an offender edits the original picture of the victim and then uploads it on the internet to ruin the image of the victim (Prameswari, 2017). Women are the primary victim of morphing, where original images of women are edited to necked one and then they use the picture over the internet to harm the dignity of the victim(s). In online defamation, the information provider provides false information about the victim(s) on the internet to ruin their image. Sexual violence is one of the forms of cybercrime that include child pornography, trafficking adolescent girls, inviting children to engage in sexual activity, sex trafficking, sexual exploitation, online prostitution and other sex tourism (Prameswari, 2017). Cyber grooming is a form of cyber sexual abuse, exploitation or trafficking, where children, teenagers etc are the targets of the groomer. Here the groomers try to build trust through general conversations with the victims in the initial phase, and gradually through personal data sharing, the groomer later starts to
  • 36. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 23 blackmail the victims (Prameswari, 2017). Besides, stock market fraud, identity theft, sexual harassment, data theft, impersonation, consumer fraud, computer monitoring etc. are other forms of cyber violence (Thapa & Kumar, 2011) that has been increasing day by day. ❖ PROVISIONS TO WAY OUT: 1. Strict legal arrangements are must necessary to counter the growing trends of cybercrime. Not only national even international collaborations are the need of the hour to handle the issues like cyber violence as cross-national cyber crimes have been growing day by day. 2. The awareness of women regarding every legal arrangement or regulation those are there to punish cybercriminals. Awareness programmes related to cyber issues are also necessary to restrain it. 3. The awareness regarding the privacy policies or safety measures in using websites could also be helpful to counter cybercrimes. 4. Cooperation and the support of society are also needed to deal with cyber issues. Society should support women to raise their voices against every single unlawful act that violates their human rights. In most cases, it has been seen that women limit themselves from reporting many threats that they face against their life is because of the biased justification that society places in case of women's rights violations. ❖ CONCLUSION: Violence against women is not new rather the forms of it have just changed. Simply, Cybercrimes are unlawful or unethical activities that are happening in cyber space through the medium of the internet. There is no doubt about the revolutionary advancement that the ICT has brought to our life. The problems that are there from ICT are because of its user and their perspective. The offenders have chosen the virtual world rather than physical to violate women's rights as they found it cheap and secure. Though cyber violence does not create a direct physical threat, the victims suffer psychologically to such an extent that, it might later become the cause of suicide too. Therefore, the issue of cybercrime should be given utmost importance. Women are human and hence the violation of women's rights is the violation of human rights. Human rights are the inevitable rights that a human being possesses by virtue of being human. Thus, bold
  • 37. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 24 steps to restrain cyber violence against women are the need of the hour. So that, women can also lead to a dignified and prosperous life in near ahead. ❖ REFERENCES: 1. Jatothu, Dr. Rajaram, Kavya, K., Sushmitha, P. and Vamshi Raj B. (2020), “Effective Use of Cyber Space and Cyber Technology to Prevent Violence and Trafficking Against Women and Children”, The International journal of analytical and experimental modal analysis, 12(6): 309-314. 2. Prameswari, Agustin Dea (2017). Online Abuse Against Women in the Cyber Space as an Important Issue to Discuss. ASEAN Symposium of Criminology: Conference Proceeding An Inquiry into Ethics, Theories, Culture and Practices, 22-29. 3. Singh, Jaspreet (2015), “Violence against women in cyber world: A special reference to India”, International Journal of Advanced Research in Management and Social Sciences, 4(1): 60-76 4. Saha, Tanaya and Srivastava, Akancha (2014), “Indian Women at Risk in the Cyber Space: A Conceptual Model of Reasons of Victimization”, International Journal of Cyber Criminology, 8(1): 57-67. 5. Thapa, Anju and Kumar Dr. Raj (2011), “Cyber Staking: Crime and Challenge at the Cyberspace ”, An International Journal of Engineering Sciences, 4: 342-354. 6. https://www.dnaindia.com/india/report-dna-special-cybercrime- against-women-at-its-peak-close-to-60-percent-women-a-victim- of-online-abuse-2847984
  • 38. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 25 DIP: 18.10.9198758284.004 NATURE, SCOPE OF CYBERCRIME AND ITS CLASSIFICATION PRASANTA MUJRAI Research Scholar Department of Geography Shri Jagdish Prasad Jhabarmal Tibrewala University, Vidyanagari, Jhunjhunu, (Rajasthan) ❖ ABSTRACT: India's economy and society suffer significantly due to cybercrime, the most common kind of criminal activity in the country. "cybercrime" refers to crimes committed using a computer or the internet. More recent cybercrimes include stalking and terrorism through the use of computers and the dissemination of false information through spoofing and email bombing. A cybercriminal can commit crimes all around the world in just a few minutes, all from the comfort of their own home. It's a grim new chapter in the history of information wars. Using cyber- terrorism to conduct targeted attacks is a crucial component. A single country's terror threat may decrease over time if terrorist strikes are well-targeted and well-maintained. Hackers gain entry into a system by taking advantage of software vulnerabilities that control it. Spammers and phishers employ email spoofing to disguise the origin of their messages. The term "email bomb" refers to the practice of sending a massive number of emails to a single recipient. Most countries enable people to use their own internet time to fake someone else's computer. Although it may impose civil fines under the Indian Technology Act, 2000, they are not mandatory. Keyword: internet; dissemination; Hackers; Spammers and phishers; email spoofing; email bomb ❖ INTRODUCTION: As far as the world is concerned, cybercrime is a relatively new phenomenon. When a crime is committed using computers, the internet, or other technology recognized by the Information Technology Act (ITA), it
  • 39. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 26 is called computer crime. It is the most common crime in India today, and it has a devastating impact on the country's economy and society. Both society and government suffer significantly from the crimes committed by criminals who can keep their identities secret for long periods. It is not uncommon for criminals with advanced computer skills to execute a variety of online crimes. In a broader sense, any illegal activity involving a computer or the internet can be considered a form of cybercrime. However, there is no definition of cybercrime in any law passed by the Indian Legislature, which means the courts can interpret it. The increasing reliance on computers in modern life has led to an unstoppable evil known as cybercrime. Using computers and other technology in everyday life has become necessary to allow people to do their jobs more quickly and easily. Unlike other media, it's impossible to quantify or limit its scope. The internet has both its positive and negative aspects. 1 Newly emerging cybercrimes include cyber stalking, cyber-terrorism, spoofing, email bombing, cyber pornography, and cyber defamation, among many others. Cybercrimes are crimes committed using a computer or the internet rather than a traditional means of communication. ❖ HISTORY AND EVOLUTION OF CYBERCRIME: The first workable computer was constructed in the 1950s, but it required an entire room to run and was prohibitively expensive. In 1981, IBM unveiled the "personal computer," which was a stand-alone computer that anybody could access. AFTER WORLD WAR II, the U.S. Department of Defence created the internet to communicate information securely. As the internet increased in quality and variety, criminals had no idea of the opportunities it would bring. More than three-quarters of India's population now has access to the internet compared to less than one percent in 1995. Human behaviour that considers damaging to the public in common law jurisdictions sometimes takes time to criminalize. This process can accelerate by occurrences that grab attention from the crowd and legislators in some cases. To discourage its use, workers in 1820 damaged the Jacquard loom with malicious intent. For criminals, encryption technology has made it easier to store and transfer-proof of their crimes without fear of detection. An extensive computer crime scene can now locate anywhere globally, thanks to the widespread use of the internet. In many of these cases, law enforcement inefficiency is a recurring motif, allowing the criminals to carry out their crimes and evade detection.
  • 40. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 27 Technological advancements have paved the way for everyone who uses computers today to enjoy new and wonderful conveniences in their daily lives, including new ways to educate, shop, entertain, and better understand business strategies and workflow. As we near the twenty-first century, we'll see this more and more. The rapid advancements in computer technology have permanently altered our day-to-day lives. We can now send and receive messages over long distances in a matter of seconds and collect and organize massive amounts of data that would have been difficult and expensive in the past. However, the advancements in technology that have made our lives better can view as a double-edged sword. Despite the benefits of computer technology, criminals have also found new ways to commit crimes because of this same technology. ❖ DEFINITION OF CYBER CRIME: India's legal system isn't even clearly defined under the Information Technology Act of 2000, which deals with cybercrime. The term "cybercrime" refers to any illicit conduct carried out via the internet or with the aid of a computer. To Debarati Halder and Jaishankar, cybercrimes are crimes committed against individuals, groups, and organizations with a criminal motive to harm a victim's reputation or cause physical or mental harm to that victim in any way, including through the use of modern communication networks like the Internet (Chat rooms, emails, and bulletin boards), or mobile phones (SMS/MMS)."""" [6] It's impossible to define cybercrime in a single sentence; however, here are several general definitions: In the Oxford Dictionary, "cybercrime" is defined as "criminal conduct carried out via computers and the Internet." "Cybercrime may be defined as those species whose genus is a conventional crime and where the computer is either an object or subject of the activity constituting the crime," according to the classification system. When we talk about cybercrime, we're talking about any crime perpetrated through the use of electronic communications and information systems, such as a computer or the internet. ❖ NATURE AND SCOPE OF CYBERCRIME: Crime is a social phenomenon that links to the rest of society. There is no society in which cybercrime does not exist. No matter how hard we try. If we can't keep crime in the real world under control, how can we expect to do so in the virtual world, which is infinitely more unreal, unstoppable, and unaccountable in the legal sense? Over time, there is a shift in the nature and scope of crime in society. There is no such thing as a crime-
  • 41. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 28 free society, and it is impossible to separate crime from the community. As a result, the type of crime committed is determined by the society in which it occurs. The complexity of crime in a society is directly proportional to the complexity of the community itself. All the factors that influence and contribute to crime in an organization must verify understanding the crime in a society. Society's socio-economic and political structure must understand criminality and the means to combat it. When determining the nature and scope of a crime, it is crucial to consider the measures taken by the criminal justice system to prevent and correct crime and delinquent behaviour in society. Rather than aiding the state in resolving the issue, technological advancements have created new complex situations that are difficult to understand and even more difficult to address using current legal frameworks. The state's resources and knowledge are insufficient to deal with today's crime. In the last three to four decades, computers have impacted modern society that no one could have predicted. It has not only made life easier but has also greatly aided in the social, economic, and cultural integration of various regions of the world. The advancements in computer technology have made it possible to access the world as a whole from the comfort of your own home. The limitations of space and time are no longer an issue thanks to modern technology. However, the jurisdictional issue in the legal system has been created due to the remarkable advantages of computers today. One aspect of international internet transactions that is difficult to determine is its jurisdiction. A great deal of ambiguity existed when courts had to deal with questions of jurisdiction law and were unable to decide the proper forum to hear cases involving cybercrime because the virtual world, compared to the physical world, has no borders. We cannot deal with cybercrime because our local machinery cannot handle transnational crimes. The nature of cybercrime differs significantly from that of other forms of criminal activity, and as a result, the local law cannot adequately regulate it. As a result, dealing with cybercrime on a global scale has become increasingly difficult. Despite the many advantages that internet technology has given us, it has also provided criminals with the opportunity to commit their crimes with the slightest chance of detection. The internet has been a boon to society's outcasts thanks to the proliferation of their illicit activities in cyberspace. There is a real danger
  • 42. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 29 that cybercrime will hurt the world as a whole. Increasing reliance on technology has made human society more vulnerable to cybercrime. Because of the global nature of cybercrime, it is no longer possible to generalize about it on a national scale in the current environment. We can't and shouldn't have national borders when dealing with cybercrime, which necessitates global cooperation. They can only contain this 'Cyber Crime' menace if new laws pass and defensive and prevention measures implement globally. Because of this, the threat of cyber terrorism poses a significant challenge to the world and its agencies. Recruit and train terrorists. Terrorist organizations are using technology to spread anti- government sentiment and spread their message. People can learn how to use weapons, make bombs, and more by visiting these websites. ❖ CHARACTERISTICS OF CYBERCRIME: Unlike traditional crime, cybercrime has a very different definition of what constitutes an offense. Compared to more conventional forms of crime, this one has gotten a lot more attention lately thanks to the rapid advancement of Internet technology. Because of this, it is vital to study the unique characteristics of cybercrime. 1) People with specialized knowledge: To commit a cybercrime, one must be highly knowledgeable about the internet and computers and the internet to do so. They're well-educated and have a deep understanding of how the internet works, which has made it extremely difficult for police to catch those who commit cybercrime crimes. 2) Geographical challenges: In the virtual world, there are no boundaries. A cybercriminal can commit crimes anywhere in the world in just a few minutes, all from the comfort of their own home. An Indian hacker, for example, could break into an American computer network from their home in India. 3) Virtual World: When a criminal commits a cybercrime, the action occurs in cyberspace, but the perpetrator locates elsewhere. The criminal performs all of their activities while carrying out the crime in the virtual world. 4) Collection of Evidence: Due to the nature of cybercrime, it isn't effortless to gather evidence and prove it in court. Criminals who commit cybercrime do so while hiding in a safe location outside the reach of authorities in several different countries.
  • 43. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 30 5) Magnitude of crime unimaginable: As a result of cybercrime, there is the potential to cause severe harm and even death to an unbelievable degree. Cyber terrorism, cyber pornography, and other offenses have a broad reach and can quickly devastate websites and steal data from businesses. ❖ CLASSIFICATION OF CYBERCRIME: 1) Cyber Pornography: An undefined term, "pornography," describes a wide range of sexually explicit content. Although in certain nations, pornography is legal, it is illegal and penalized in other countries. Society's reaction to sexual content determines pornography's significance. According to Wikipedia, "cyber pornography" is the act of making it publicly accessible via sexually explicit internet material. Nowadays, sex sells like hotcakes, and the current pornographic industry is more significant than any other single company or group of companies on the planet. The porn industry has entered a new era thanks to the rise of the internet worldwide. The porn industry has found a perfect place on the internet to distribute pornographic material worldwide. There are 4.2 million pornographic websites in existence, according to a 2010 internet filter review report. Every day, search engines receive 68 million requests, and every month, 72 million people worldwide visit adult websites. Pornographic content is accessed by 42.7% of all internet users. As a result of the internet, pornography has become more accessible. Information technology has reduced the geographical barriers that once prohibited some overseas media from infiltrating local territory. The expansion of pornographic websites that offer photographs, videos, and streaming media, such as live webcam access, makes it possible for more people to get exposed to pornographic material. 2) Cyber Stalking: To be stalked means to behave in a harassing or threatening manner toward the other person. In the online world, cyberstalking is a form of physical stalking that is carried out using information technology. Email, chat rooms, and other internet tools are used to stalk someone in cyberstalking. Wikipedia defines cyberstalking as the use of the internet or other electronic means to stalk or harass an individual, a group of individuals, or a business. A wide range of offenses, including defamation, false accusations, harassment, and sex trafficking of minors, are covered by this definition.
  • 44. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 31 Stalking is a long-term process that involves a series of legal and illegal actions. The definition of "cyberstalking" varies from country to country, making it difficult to apply universally. It says that "cyberstalking" is defined as "repeated harassment or threatening of an individual via internet or electronic means of communication" by Professor Lamber Royakkers. A cyberstalker is a person who stalks another person via electronic means, such as via a bulletin board, chat room, email, spam, fax, buzzer, or voicemail, for romantic or sexual reasons. Stalking involves harassing or threatening another person regularly: • Showing up at their residence or place of employment • Leaving notes or objects behind • Assaulting them with a weapon Stalking is difficult to define because it encompasses a wide range of activities. Despite the lack of physical touch, it has become increasingly popular among criminals because of the ease of communication, access to personal information, and anonymity. In cyberstalking, the perpetrator has the benefit of being able to sit anywhere in the globe and harass the victim by making disparaging remarks or comments on ordinary discussion forums. Another method is to broadcast the victim's mobile phone number and email address on social media sites, causing other users to contact the victim mistakenly. Cyberstalking is possible due to the broad reach of the internet and the ease with which offenders can obtain our personal information, the way we communicate online, and other factors. Because of the ubiquitous accessibility of technology, criminals and angry persons can now threaten and harass their victims more readily via email. As long as they don't approach their victims in person or over the phone, stalkers will send them harassing or threatening electronic emails. Consequently, women and children are more likely than men to become the targets of stalking. Some people believe that internet stalking is less severe than physical stalking because it does not include contact. There are three ways in which cyber stalking is conducted i.e. 1) Stalking by email: The offender sends the victim an email with threats or harassment. Modern-day stalking is the most common form of it. Sending obscene, threatening, and hateful mail to the victim is the most common form of harassment. 2) Stalking through the Internet: This is a widespread practice of online harassment. In this case, the perpetrator does not invade the victim's private space but rather harasses her publicly. Victims'
  • 45. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 32 phone numbers and email addresses post on porn sites, along with morphed photos of the victims, and they are then threatened via the internet. Stalkers use cyberstalking to track their victims' online activity and post false information about them on websites. 3) Stalking through Computer: As soon as the victim's computer starts up, the offender assumes the role of a technocrat and can take over the victim's computer. That way, the stalker can take over and take over the victim's computer. As a result of this type of cyber stalking, the victim's only recourse is to unplug the computer and change their internet address. The term "stalking" has been around for a long time in the physical world. Ex-friends, coworkers, or anyone who wants to exert control over a target are examples of stalkers in the physical world. The stalker's reach has been widened since the advent of cyberspace, allowing him to threaten and harass the target from any part of the world. Most stalkers are disgruntled lovers, ex-boyfriends, or coworkers who could not fulfill their sexual fantasies and now wish to harass the victim. Female victims are more likely to be stalked by men. For the most part, the perpetrators of cyberstalking are motivated by resentment, revenge, and a desire to show off. 3) Cyber Terrorism: It is difficult to understand the current terrorism phenomenon because of its many facets. In the last decade, the number of terrorist attacks on human beings has risen dramatically. Terrorism has affected everyone, from the average citizen to the government. After the end of the Cold War, the threat of terrorism had become a significant problem for the world. People worldwide were killed by terrorists because state agencies were unable to handle or control the terrorist attack on humanity. However, various countermeasures were taken by both the national and international front, but they were ineffective—however, the majority of these were designed to work in a typical terrorist attack. Terrorists are increasingly turning to computers and the internet as weapons of mass destruction because we now live in the digital age. The recent financial turmoil has thrown several economies into disarray. Where the future will take us is still a matter of debate. On the other hand, technology remained steadfast even as it brought household names and industry heavyweights to their knees. Because of this, it's easy to overlook how technology has become a business enabler today. A sinister new chapter in the book of information warfare has been added.
  • 46. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 33 Extremely narrowly focused efforts are what we mean when we talk about cyber-terrorism. Emerging threats like this one have the potential to do a lot of damage. While we tend to think of terrorism in terms of casualties, cyber-terrorism has the potential to cause significant harm as well, such as intimidation and coercion. Terrorism directed at a specific country can weaken over time if sustained and well-targeted. There is no doubt that cyber terrorism will continue to be a significant problem in the future, given the wide range of adverse economic, financial, and even psychological effects that it could have. Most countries today rely heavily on technology as their primary source of economic power. An attacker's best bet would be to land a direct hit on this essential skeleton. According to the United Nations' telecommunications agency, global conflict could break out in cyberspace. No one should be surprised by this. It is common for wars to include attacks on the enemy's most important installations or facilities to gain the upper hand. If a war were to break out, technology would be a logical target because of its enormous impact on the modern world. Because terrorists use cyber terrorism to spread political and religious propaganda, it is now a global threat to the entire population. Barry C. Collin67, a computer genius, coined the term "Cyber Terrorism" only a few years ago. Defining cyber terrorism is problematic because it is a combination of cyberspace and terrorism, and we do not have a universal definition for it. The term "cyber terrorism" is defined in various ways by researchers and scholars. In this study, the term "cyber terrorism" is defined in two ways: in terms of intent and terms of effect. It refers to attacks on the country's computers, networks, and network grids, which are heavily reliant on networks and cause havoc or fear in the minds of its people. 4) Hacking: In cybercrime, hacking is regarded as one of the most severe offenses. People's trust in computers and the internet is said to be shaken due to hacking. Computer hacking has been portrayed as an existential threat that requires harsh laws to deter its perpetrators. It's a bit of a stretch to make such a broad statement. Getting into someone else's system without their consent is all it means when someone says they "hacked" their computer. To commit hacking, one must first acquire access to another person's computer without consent. If you go into someone else's computer without their permission, you're a hacker! As if you were tapping someone's phone, this is the same thing. Hackers exploit computer programme
  • 47. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 34 weaknesses to gain access to the target system. It is possible to guard against hacking with anti-hacking tools such as 'Firewall' technology and intrusion detection systems. Like a wall of fire, a firewall prevents hackers from getting into the system. Additionally, intrusion detection systems will look for the point of entry for hackers. Image Source: Getty Images / Bill Hinton The simplest way to describe computer hacking is as trespassing on someone else's property. It is illegal to enter or remain lawfully on the property of another with the intent of committing an offense, intimidating, insulting, or annoying the owner of the property. It is also illegal to enter or remain lawfully on the property with the intent of threatening or insulting that owner. Criminal trespass is all of these things. Criminal trespass carries a sentence of up to three months in prison or a fine of Rs. 500, or both97. As a result, committing a single criminal trespass is a relatively minor crime. 5) Virus and Contaminants: The history of computer pathogens and viruses is extensive. It wasn't until 1949 that they put the first self-replicating programmes into practice. They discovered Apple Viruses 1, 2, and 3 on Apple II computers in 1981. Pirated computer games spread these viruses. Data on the computer system "command.com" was corrupted in 1987 by the dreaded "Lehigh" virus. "Jerusalem" is one of the most common viruses spread since 1988. Viruses would attack on the 13th of every month and remove all '.exe' and '.com' files they could find, along with any running programmes. One of the first anti-virus programmes developed by a large company was Norton Anti-virus, launched by Symantec in 1990. The number of viruses
  • 48. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 35 discovered in 1992 had increased by 420 percent from December 1990. When they created the 'Dark Avenger Mutation Engine (DAME) this year, it was a toolkit that allowed viruses to turn into polymorphic viruses. Email hoaxes are nothing new, but the "Good Times" scam swept through the computer community in 1994. An email with the subject line "Good Times" contains a malicious virus that, if opened, will wipe out your entire hard drive. 'Word Concept,' a virus that spread through the use of Microsoft Word documents, was one of the most common in 1995. Microsoft Windows 95, Microsoft Excel, and Linux were all infected in 1996 by the "Baza," "Leroux," and "Staog" viruses. The first virus to infect Java files was 'Strange Brew,' which appeared in 1998. Chernobyl virus also spread quickly via ".exe" files this year. As well as damaging files on infected computers, the virus also corrupted the computer's microprocessor, making it unusable. Sircam, CodeRed, and BadTrans are just a handful of this year's worms. It is possible for viruses to reach a computer system via a damaged CD, floppy disc, or USB flash drive. A common cold or viral fever can be traced back to their airborne cousins. When it comes to virus-infected computers, even Microsoft's founder, Bill Gates, is vulnerable. 6) Cyber Crimes related to Finance: According to Price Waterhouse Coopers, an economic crime is committed via computers and the internet, which surveys this topic. Personal information like bank account numbers and passwords are among the things that cybercriminals can steal. Only when a computer, computers, and the internet play a central role in the crime, and not an incidental one, does it qualify as a cybercrime? Economic crime in India is on the rise, according to the results of the 2011 Global Economic Crime Survey. Indians are increasingly turning to the internet. A recent survey by the Telecom Regulatory Authority of India (TRAI) found that 354 million people in India have internet access. 122 Cybercrime is on the rise due to the rapid growth in the use of the internet, which provides a wide range of options for cyber citizens, from entertainment to education. Keeping up with the new breed of tech-savvy fraudsters is a challenge in itself. Cybercrime has been experienced by 24% of those who reported economic crime in the past year. In our opinion, this data alone demonstrates how serious an issue cybercrime is for business owners and managers. More and more organizations are becoming the victims of cybercrime in the wake of recent attacks on large corporations and financial institutions. Increased e-business volume,
  • 49. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 36 greater internet penetration, and e-commerce are all factors that could explain the recent uptick in cybercrime. 7) Phishing and Vishing Pseudonymous electronic communications, such as email or instant chat, are used in phishing scams to collect sensitive information from unsuspecting victims, such as passwords and credit card numbers. This "phishing" for financial information and passwords is known as "phishing," which is why the name was coined. Phishing emails pretending to be from well-known, well-established firms are used to steal user information, including passwords and credit card details. Information such as credit card numbers, social security numbers, and bank account numbers, which are already in possession of the legal organization, is requested from users via a website. It's also a scam aimed to steal the personal information of its visitors, on the other side. Image source: Comodo Dome By believing they are helping an actual firm or website by disclosing their personal information; customers unwittingly provide their data to a fraudulent website or organization to have their money stolen. Vishing, like phishing, is a form of illegal activity. Voice over IP (VoIP) is used with social engineering techniques to gain unauthorized access to private and confidential data. Voice-phishing is an amalgam of the two methods. Because landline phone lines are historically terminated at physical places known to the telephone company and linked with a bill- payer, vishing takes advantage of the public's trust in these services. VoIP
  • 50. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 37 enables the faking of caller ID, low-cost automated systems, and the anonymity of the bill payer. The victim is sometimes entirely unaware of these threats. Personal information such as credit card details can be stolen by vishing, a prevalent method of identity theft. 8) Denial of Service Attack: a criminal act in which the illegal floods the victim's network or email inbox with spam mail, denying him access to or providing him with the entitled services. A denial-of-service attack is a type of network attack that aims to overwhelm a network with useless traffic to bring it to its knees. Many DoS attacks, such as Ping of Death and Teardrop, exploit TCP/IP protocol limitations. The user in a typical connection typically makes Requests for server authentication. The user receives confirmation of successful authentication from the server. The user accepts this permission and is then allowed to access the server. Service attacks are denied by flooding a server with authentication requests from a single user. The server cannot send the authentication approval because all requests have false return addresses. Before disconnecting, the server waits a long time, sometimes over a minute. When the connection is closed, the attacker sends a new set of forged requests, and the cycle repeats itself, causing the service to be inaccessible in perpetuity. 141 This includes attacks on routing devices and servers for email or the Domain Name System (DNS).
  • 51. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 38 It is possible to carry out a DoS attack in various ways. It's important to remember that there are three main types of attacks: 1. The time, space, or bandwidth required to process a computation; 2. Information such as routing information can tamper. 3. The physical network components are disrupted. 9) Data Theft: By hacking into the computer systems of five large corporations, including Hannaford Bros, Eleven, and Heartland Payment Systems, a credit card processing company, Albert Gonzalez, 28, and two Russian accomplices could steal data from more than 130 million credit and debit cards. A federal investigation led to the arrest of Gonzalez and his two Russian co-conspirators. One of the country's (US) cybercrime kingpins has been called Gonzalez. TJX Cos' parent firm, which owns the TJ Maxx retail chain, lost an estimated $200 million due to a massive data breach involving over 40 million credit card cards. Data and information are in high demand in today's digital world. In the information economy, the property includes things like trade secrets, technical know-how, original artwork, original music, and original film and book scripts. It also has things like usernames, credit card numbers, and passwords. Many resources are required to create data or information: time, effort, and creativity. It is the most common form of cybercrime to steal data and information through hacking and other methods. 10) Data Diddling: Data tampering occurs before or after data is entered into a computer. As a result, a person who enters data, a virus that alters data, the programmer of a database or application, or anyone else involved in the process of storing information on a computer file converts the info. Every person involved in any of the steps in the creation or transmission of data can be the source of the problem. For those who have no computer experience, this is one of the easiest ways to commit a computer-related crime. Even though the crime is relatively simple, the consequences can be severe. In India, this type of crime has a significant impact on the country's electricity providers. In 1996, the NDMC Electricity Billing Fraud Case was a good
  • 52. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 39 Image source: G2 Learning Hub example. The NDMC, Delhi, used a computer network to receive and account for electricity bills. The bank's money collection, computerized accounting, record keeping, and remittance were all handled by a computer expert by a private contractor. By manipulating data files to show less receipt and bank remittance, he misappropriated a large amount of money. 11) Salami Attacks: An assault, known as "salami-slicing," combines a succession of more minor data breaches into a single larger one. Using the example of a salami attack, an employee could take modest amounts of money from several different bank accounts. This type of crime is generally challenging to investigate and trace. To commit financial crimes, these attacks are employed. It's essential to make the change so small that it wouldn't be seen in a single occurrence. When a bank employee inserts software into the bank's servers, Rs. 5 is deducted from each account every month. Because the account user is unlikely to notice the illicit withdrawal, the bank employee will profit each month handsomely. They terminated a bank employee in the United States to serve as an example. Bank computer systems were infiltrated by an ex-employee who accused the bank of mistreating him. There were 10,000 coins deposited into the performance of Ziegler alphabetically from every bank account. Account customers and bank officials missed the problem because withdrawals were so minimal. This bank got aware of Ziegler's activities when he
  • 53. ISBN: 978-91-987582-8-3 Cyber Crime and Cyber Laws in India Page 40 opened an account there. It surprised him by depositing a significant sum of money into his bank account each Saturday. CaptionRIT Cyber Security Class Blog - WordPress.com 12) Email Bombing: An "email bomb" is a type of internet abuse that involves sending large amounts of email to a single address in an attempt to overwhelm the recipient's mailbox or the server. The term "mail bomb" has a second meaning in the Russian internet community. When many emails send to a target, the victim's email account or mail servers are overwhelmed. It is known as "email bombing." Image source: Morocotacoin.com