cyber

1. CYBER CRIMES
BY DIVYA TAMRAKAR

2. I N T R O D U C T I O N
B R I E F H I S TO RY
I M P O R TA N C E
O B J E C T I V E S O F I T A C T
T Y P E S
C Y B E R C R I M E S U N D E R I P C
L A N D M A R K C A S E S
C O N C LU S I O N
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CONTENTS

3. 3
INTRODUCTION
W H AT A R E C Y B E R C R I M E S ?
Cybercrime in a broader sense means any illegal
behaviour using or in relation to a computer system
or network including such crimes as illegal possession
and offering or distributing information using a
computer system.
W H AT I S C Y B E R S PA C E ?
Cyberspace refers to the virtual computer world, and
more specifically, an electronic medium that is used to
facilitate online communication.

4. BRIEF HISTORY
 Cybercrime first started with hackers trying to break into
computer networks.
 Some did it just for the thrill of accessing high-level
security networks, but others sought to gain sensitive,
classified material.
 Eventually, criminals started to infect computer systems
with computer viruses, which led to breakdowns on
personal and business computers.
 With the advent of computers in the late 1960s, crimes
were mostly related to physical damage to computer
networks and telephone networks.
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5. ADDRESSING CYBER
CRIMES IN INDIA
 Protection of Personal Information
 Economic Impact
 National Security
 Public Trust and Confidence
 Safeguarding Intellectual Property
 Preserving Privacy and Freedom of
Expression
 International Cooperation
THE IMPO RTA NCE
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6. THE INFORMATION
TECHNOLOGY ACT, 2000
O BJEC TIV ES
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 Providing Legal Recognition to Electronic Transactions
 Facilitating E-Governance
 Promoting E-Commerce
 Protecting Personal Data and Privacy
 Establishing Cybercrime Provisions

7. SPECIFICALLY, THE IT ACT ADDRESSES CYBER CRIMES THROUGH VARIOUS
SECTIONS INCLUDING:
 Hacking (Section 66): Unauthorized access to computer systems or networks
with the intention to gain unauthorized control, extract information, or disrupt
the system's functioning.
 Cyberstalking and Harassment (Section 66A): The persistent and unwanted
online pursuit, monitoring, or harassment of an individual, causing them fear or
emotional distress. (held unconstitutional in the case of Shreya Singhal V. UOI)
 Identity Theft (Section 66C): The fraudulent acquisition and use of someone
else's personal information, such as their name, social security number, or
financial details, without their consent.
 Online Fraud (Section 66D): The act of deceiving individuals or entities through
fraudulent means, such as phishing, credit card fraud, or investment scams,
conducted using computer resources.

8. SPECIFICALLY, THE IT ACT ADDRESSES CYBER CRIMES THROUGH VARIOUS
SECTIONS (CONTINUED)
 Dissemination of Obscene Material (Section 67): Publishing, transmitting, or
displaying sexually explicit or obscene content using computer resources, which
may be offensive, harmful, or indecent.
 Publication or Transmission of Sexually Explicit Material (Section 67A): The
publication, transmission, or circulation of sexually explicit content involving a
minor, which includes images, videos, or any form of material that exploits
children.
 Publication or Transmission of Child Pornography (Section 67B): Creation,
publication, transmission, or possession of child pornography, including explicit
images or videos involving minors.
 Cyber Terrorism (Section 66F): Any act that threatens the sovereignty, integrity, or
security of India through the use of computer resources, including accessing or
damaging crucial information systems or causing disruption.

9. SPECIFICALLY, THE IT ACT ADDRESSES CYBER CRIMES THROUGH VARIOUS
SECTIONS (CONTINUED)
 Data Theft (Section 43): Unauthorized access to, extraction, copying, or
downloading of data from a computer system, network, or any digital storage
medium.
 Phishing and Online Scams: Deceptive techniques employed to trick individuals
into revealing their sensitive personal information, such as passwords, credit card
details, or bank account information, often through fraudulent emails or
websites.
 Cyberbullying: The use of electronic communication platforms to harass,
intimidate, or humiliate individuals, often through offensive messages, rumors,
or sharing private information without consent.
 Online Defamation: Making false statements or spreading damaging information
about individuals or entities through online platforms, which may harm their
reputation.

10. L A N D M A R K C A S E S O N C Y B E R C R I M E
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• State of Tamil Nadu v. Suhas Katti (2004): This case highlighted the issue of cyberstalking and online
harassment. The accused had been relentlessly sending abusive and threatening emails to the victim.
The court held the accused guilty under Sections 66A and 67 of the Information Technology Act,
recognizing the gravity of cyber harassment.
• Avinash Bajaj v. State of NCT Delhi (2005): Avinash Bajaj, the CEO of Bazee.com (an online auction
website), was arrested after an objectionable video clip of two students engaged in sexual activity was
listed for sale on the platform. The case garnered significant attention as it involved the responsibility
of intermediaries for user-generated content on online platforms. Ultimately, Avinash Bajaj was
acquitted by the court, which recognized that he was not directly involved in the listing of the
objectionable content and that his company had taken appropriate measures to address the issue
upon notification.
• Ajoy Kumar Ghose v. State of Jharkhand (2011): This case involved unauthorized access to computer
resources and hacking. The accused was found guilty under Sections 65 and 66 of the Information
Technology Act. The judgment highlighted the importance of protecting computer systems and
networks from unauthorized access and emphasized the need for stringent punishment for cyber
offenders.

11. L A N D M A R K C A S E S O N C Y B E R C R I M E
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• Shreya Singhal v. Union of India (2015): This case challenged the constitutionality of Section 66A of
the Information Technology Act, which dealt with the punishment for sending offensive or menacing
messages online. The Supreme Court of India declared Section 66A unconstitutional, stating that it
violated the right to freedom of speech and expression guaranteed by the Indian Constitution.
• State of Maharashtra v. Vijay Misra (2015): In this case, the Bombay High Court dealt with the issue of cyber
defamation. The court held that posting defamatory content online can lead to criminal liability under the Indian
Penal Code.
• Shri Ravi Krishnan Kalantri v. State of Maharashtra (2017): This case involved a phishing scam where the accused
impersonated a bank official and obtained confidential banking details from victims. The court held the accused
guilty under Sections 66C and 66D of the Information Technology Act, emphasizing the seriousness of identity
theft and online fraud.

12. THANK YOU

13. CYBER CRIMES
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 Section 292: The purpose of this section was to
address the sale of obscene materials, however, in
this digital age, it has evolved to deal with various
cyber crimes.
 Section 354C: Voyeurism is defined as taking or
publishing pictures of private parts or actions of a
woman without her consent.
 Section 354D: Stalking, including physical and
cyberstalking, is described and punished in this
section.
 Section 379: The punishment involved under this
section, for theft, can be up to three years in addition
to the fine. The IPC Section comes into play in part
because many cyber crimes involve hijacked
electronic devices, stolen data, or stolen computers.
UNDE R IPC

14. CYBER CRIMES
UNDE R IPC
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• Section 420: This section talks about cheating and
dishonestly inducing the delivery of property. In this
section of the IPC, crimes related to password theft for
fraud or the creation of fraudulent websites are
involved.
• Section 465: This provision typically deals with the
punishment for forgery. Under this section, offences
such as the spoofing of email and the preparation of
false documents in cyberspace are dealt with and
punished with imprisonment ranging up to two years,
or both.