cyber crimes in India LAWS & Guidelines_

Document contains the types and guidelines of the laws related to cybersecurity in IPC and defines types of cyber crimes happened recently.

1. NAVSAMVAT LAW COLLEGE, UJJAIN(M.P.)

2. Contents
●Introduction
●History of Cyber Crimes
●Categories of Cyber Crime
●Types of Cyber Crime
●Prevention
●Cyber Laws of India
●IT ACT 2000
●Conclusion

3. INTRODUCTION

Cyber crime is defined as a crime in which a computer is
the object of the crime (hacking, phishing, spamming) or
is used as a tool to commit an offense (child pornograhy,
hate crimes). Cyber crimes mainly intended to harm
someone’s security , privacy and financial health.

4. HISTORY OF CYBER CRIMES
➢The first recorded cyber crime took place in 1820.
➢That is not surprising considering the fact that the abacus, which
is thought to be the earliest from of a computer, has been around
since 3500 B.c.
➢In India, Japan and China, the era of modern computer, however,
began with the analytical engine of Charles Babbage.
➢The first spam email took place in 1976 when it was sent out over
the ARPANET.
➢The first virus was installed on an Apple computer in 1982 when
a high school student, Rich skrenta developed the ELK Cloner.

5. CATEGORIES OF CYBER CRIME
Most of the Cyber crimes falls under two main categories:
●Criminal activity that targets computers:- Using
computers to attack other computers, e.g. Hacking,
virus/worms attacks, Dos attack etc.
●Criminal activity that uses computers:- Using a computer
to commit real world crime e.g. Cyber terrorism, credit card
fraud and child pornography etc.

6. TYPES OF CYBER CRIME
➢Hacking
➢Child Pornography
➢Denial of service attack
➢Virus Dissemination
➢Computer Vandalism
➢Cyber Terrorism
➢Software Piracy

7. Hacking : It is an attempt to exploit a computer system or a private
network inside a computer. Simply put, it is the unauthorised access to or
control over computer network security systems for some illicit purpose.
Child Pornography: Any visual depiction of sexually explicit conduct
involving a child which includes photographs, videos, digital or computer
generated image indistinguishable from an actual child and an image
created, adapted or modified but appear to depict a child.
Denial of service attack: Attack intended for denying access to computer
resources without the permission of the owner or any other person who is
in charge of a computer system. A Distributed Denial of Service (DDoS)
attack is an attempt to make an online service unavailable by overwhelming
it with traffic from multiple sources.

8. Virus Dissemination: A Malicious software that attaches itself to other
software . Virus, worms, Trojan Horse, Time bomb, Logic Bomb, Rabbit and
Bacterium are examples of malicious software that destroys the system of
the victim.
Computer Vandalism: Damaging or destroying data rather than stealing or
misusing them is called cyber vandalism. These are program that attach
themselves to a file and then circulate.
Cyber Terrorism: Terrorist attacks on the Internet is by distributed denial
of service attacks, hate websites and hate E-mails, attacks on service network
etc.
Software Piracy: Theft of software through the illegal copying of genuine
programs or the counterfeiting and distribution of products intended to pass
for the original.

9. PREVENTIONS
1. Use a full-service internet security suite
2. Use strong passwords
3. Keep your software updated
4. Manage your social media settings
5. Strengthen your home network
6. Know what to do if you become a victim
7. Different site, different passwords
8. Don't bank on public wi-fi
9. Only shop online on secure sites
10. More than one email account
11. Two-step verification

10. CYBER LAWS IN INDIA
Cyber crimes can involve criminal activities that are traditional in nature,
such as theft, fraud, forgery, defamation and mischief, all of which are
subject to the Indian Penal Code,1860. The abuse of computers has also
given birth to a gamut of new age crimes that are addressed by the
Information Technology Act, 2000.
A cyber crime complaint can be filed using the National Crime Reporting
Portal of India.
Website link is – https://cybercrime.gov.in/

11. IT ACT 2000
The Information Technology Act, 2000 is an Act of the Indian Parliament (No
21 of 2000) notified on 17 October 2000. It is the primary law in India
dealing with cybercrime and electronic commerce. It is based on the United
Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model)
recommended by the General Assembly of United Nations by a resolution
dated 30 January 1997.
The original Act contained 94 sections, divided in 13 chapters and 4
schedules. The laws apply to the whole of India. Persons of other nationalities
can also be indicted under the law, if the crime involves a computer or
network located in India persons of other nationalities can also be indicted
under the law .

13. Amendments :- A major amendment was made in 2008. It
introduced Section 66A which penalized sending "offensive messages".
It also introduced Section 69, which gave authorities the power of
"interception or monitoring or decryption of any information through
any computer resource". Additionally, it introduced provisions
addressing - pornography, child porn, cyber terrorism and voyeurism.
The amendment was passed on 22 December 2008 without any
debate in Lok Sabha. The next day it was passed by the Rajya Sabha. It
was signed into law by President Pratibha Patil, on 5 February 2009.

14. SUGGESTIONS
There is an urgent need for unification of laws relating to internet to reduce any kind of
information. For example, for the offence of publication of harmful contents, we have IPC,
IT Act, Data Protection Act, etc. all of which vaguely deal with the subject but lacks
efficient enforcement mechanism. Due to many laws dealing with the same subject, there
is always a confusion regarding their applicability and none of the laws deal with the
subject specifically. Thus, there is a need for one cyber legislation.
One crucial problem in combating cybercrime is the inefficient enforcement
mechanisms. Harsher laws are required to deal with criminals and also certainty of
punishment is required.
Thirdly, it is very important to have Extradition Treaties among countries to make extra
territorial provisions workable.
Lastly, all countries need to update their laws either by amendments or by adopting
unified laws. There is a strong need to have better law enforcement mechanism to make
the laws better workable.

15. CONCLUSION
Cybercrime is indeed getting the recognition it deserves. However, it is
not going to restricted that easily. In fact, it is highly likely that cyber
crime and its hackers will continue developing and upgrading to stay
ahead of the law. So, to make us a safer we must need cyber security.
To deal with the risk, there needs to be a global legal framework along
with adequate enforcement mechanism and to minimize the exposure
to cyber crimes , It is highly essential to have mass public awareness
programs about cybercrime and methods to mitigate the risks.

16. THANK YOU