Cyber Crime in India it's types and Legal Remedies

What is Cyber Crime?

The term Cyber crime indicates the crime which is committed by using computers and computer networks as a tool and AI as well. Nowadays AI is playing a key role in elevating Cyber crimes and frauds. 

How to deal with them according to the report “Crime in India” approximately 65,000 cases were  registered Under Cyber Crime in the last two years. With the evolution of technology to facilitate lives of humans there comes a threat which can set a crisis for society to tackle. 

What are the Types of Cyber Crime?

The type of cyber crime may be committed against as follows: 

Cyber Crime Against Person 

• Defamation : It is an act by lowering the dignity of any person by way of hacking his social media accounts and posting inappropriate things about him. 
• Cyber Stalking : It's an act chasing someone online or on social handles. It is done to threaten and frighten people for false accusations, and defamation. It may also include monitoring, identify theft etc. 
• Hacking : Hacking is having unauthorised control or access over computers and networks 
• SMS Spoofing : it's a new way of cheating and fraud by altering the number of senders.The name and contact may be identical from receivers contact list. 
• Cheating and fraud : when a person with mala fide intention assumes to deceive another. 
• Disseminating obscene material : it includes Indecent exposure and the publication, transmission of content that depicts child pornography, in electronic form 

Cyber Crime Against Property 

Crimes against the property are classified as follows: 

• Cyber Trespass : like traditionally trespassing onto someone’s property be it house, farm etc. Trespassing in the era of internet is called cyber trespassing.Accessing someone’s computer without authority of the real owner. 
• Copyright Infringement : Copyright is deemed to be a valuable security thus using someone’s creative work in the name of self is the infringement of that person’s right which is legally protected. 
• Trademark, Patents, Designs : Using a service mark or trademark of someone’s is trademark infringement. Trademark is used in connection of goods and services. Design infringement is basically violation of appearance and articles of creativity of the person who registered his design. Patents infringement is regarded with the connection of inventions. The violation occurs when anyone used and sells the patent invention without the permission of authorised person of that patent 

Cyber Crime Against Government 

Crimes against government are as follows 

• Cyber Terrorism : The most panicked act that can be committed against the government.Which can caused the nation in danger.Cyber Terrorism includes hacking the government sites, military sites and leaking the official and confidential information which may threat national Security. 

 

What are Legal Remedies for Cyber Crime in India?

There are punishments defined in IPC 1860 and IT Act 2000 as well: 

• Section 66D(IT ACT) : This section imposes the punishment for cheating by personation through the communication devices or computer resources. Such acts shall be punishable  for the term which may extend to three years and shall be liable to fine which may extend  to one lakh rupees. 
• SECTION 292 (IPC) Read with Section S. 67, 67A,66B IT Act : The publication and dissemination of obscene material or sexually explicit act or exploit acts containing children, etc which are in electronic form are governed by this section. The section imposed the punishment for a term which may be punishable extend for three years and  fine up to Rs 2000 and subsequently five years and 5 thousands fine. 
• SECTION 500(IPC) : This section penalizes the defamation of any person. With respect to cybercrimes, sending any kind of defamatory content or abusive messages through email will be penalized by Section 500 of IPC. The imprisonment will be under this Section extendable up to 2 years along with fine. 
• SECTION 354(IPC) : Stalking is made punishable under this section. Stalking is made punishable under IPC and IT Act as well. It is punishable for a term which may be extended for three years and shall also be liable to fine.    
• Section 43(IT ACT)R/W 379 IPC : Stealing is punishable under Section 379
• of the IPC with a maximum sentence of three years. Data theft, on the other hand, is subject to penalties outlined in Section 43 of the IT Act. Any actions involving stealing, concealing, destroying, or altering computer source code, with the intention to cause harm, result in liability to compensate the affected individual for damages.
• SECTION 66(IT ACT) : It defines punishment of 3 years of imprisonment and upto 5 lac rupees for fraudulently causing any act related to computer and computer networks. 
• SECTION 66F (IT ACT) : Cyber Terrorism is now punishable under this section. Anyone who threatens the unity, integrity, security, or sovereignty of India, or seeks to instill terror in the populace or any section thereof, shall face a sentence of imprisonment for life.
• SECTION 103-108 of Trademark Act provides for imprisonment and fine as punishment for infringing the rights of trademark holder on various grounds. 
• Section 63-69 of Copyright gives provision of imprisonment as a punishment for  

 

Copyright Infringement

Filing Complaint against Cyber Crime 

1. Being a victim of Cyber crime, you can approach nearest police station or Cyber  cell in your district. 
2. Complaint can also be made through the online portal of NCRB (National Cyber  Crime Reporting Bureau. Three sections are given there one is specially for women and children and  the second is for financial frauds and the last one is for other cyber crimes. 
3. Complaint also can be made by dialing helpline no 155260. Provide essential information while reporting Time and place of occurrence of incident information related to the affected computer or network and device. any other information related to the same transaction of such offense. 

Note : IT ACT 2000 will override the IPC 1860 as it is a special Act made for dealing with such crimes. 
 

Conclusion

Recently, there has been news in bulk covering the cases of Cyber Crimes. It is way better not to share your personal information to anyone or on any social media handles. Although  Not everyone is a victim of Cyber attack. but they may be at higher risk.  While securing the rights of people, the legislature has provided acts to cope with such cases and safeguards the rights of citizens.

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