By – SURYA A NAIR
ABSTRACT:
This Article is aimed at highlighting about the theme Cyber Crimes and different ways to protect especially the categories of women and girl children society. In the current scenario, each and every people are highly dependable on modes of social medias and other ways of e commerce and e payments. From such situations it results in causing various frauds as well as other means of cyber- crimes. Through the enactments of various laws and amendments it provides legal remedies and other provisions to those affected under cyber -crimes. Through this article the reader will get a clear idea regarding the various hacking modes, how to prevent these types of cyber- crimes, landmark judgements, also appropriate way of filing case against cyber laws etc. The use of both Indian Penal Code, 1860 and Information Technology Act, 2000 are applicable in the field of cyber- crimes. If the people are ready to be cautious enough in their own spheres of life, then these cyber -crimes can be prevented. By the individual contribution and also it mostly rests upon the budding lawyers to bring up a crime free society. The punishment imposed upon the commission of cyber- crime is imprisonment and fine up to two years and also Rs.2000. Major types of cyber -crimes are Hacking, Spamming, Password attacks, Trojan horses, Phishing attacks etc. Along with an increase in the usage and power pf cyber space, there need the proper and appropriate safeguard and protection against these evil modes of cyber -crimes.
KEYWORDS: Cyber -crimes, Trojan horses, Phishing attacks, Spamming
INTRODUCTION:
Internet and World Wide Web are the most common featuring’s among the young youths. In this digitalized world, without an age barrier, people are much addicted towards this digital world. Let it be a boon or bane, it depends upon the user how they perceive and their ways of handling social media matters a lot. Misuse of internet and entering into the world of crime opens for a new era that is CYBER CRIME. Cyber- crime also termed as computer crime, there must be use of computer as well as internet connection resulting in various offences, and offences include in the nature of committing fraud, pornographic mode of commission and hacking identities or disrupting privacy. When an offence involves with the use of internet or any other electronic means it results in Cyber Crimes. But Information Technology Act, 2000 does not define the term cyber- crime. Thus, enactment of cyber laws introduced various legal proceedings in order to eradicate social evil practices in cyber world. Cyber laws are contained in Information Technology Act, 2000.
WHAT ARE CYBER LAWS:
Cyber law also termed as Internet law. Cyber laws initiate legal proceeding against the cyber criminals for the commission of frauds and other means of pornographic activities etc. Through these legal enforcements it creates an awareness among the users and common people to understand the consequences resulting from cyber criminals. Loss of personal information regarding the registration of documents are a means of privacy infringement. Personal data leakages also come within the ambit of cyber- crimes. Rather than Information Technology Act 2000 and Indian Penal Code, 1860 there are also various amendments as wells laws under civil and tort laws too. Fraud, copywriting issues, scam etc. are other areas where cyber laws can be enforced.
INFORMATION TECHNOLOGY ACT, 2000 (IT ACT):
Information Technology Act, 2000 also known as IT ACT. It is one of the basic Law, dealing with cyber -crimes. This law applies to whole India. The said Act gives validity and recognition for electronic contracts and electronic signatures, grants legal recognition to bankers, facilitates electronic storage of information etc. In 2008 a significant amendment was made in the IT Act. It introduced Section 66A which penalized sending “offensive messages”. Later such other provisions regarding the child pornography, cyber terrorism were introduced. Section 65 – Section 74 deals with penalties for the cyber criminals under IT Act. By the way of amendments various terms were included in 2008 of IT Act and they are- Electronic signature, Communication device, and cybercafe. Information Technology (Amendment) Act 2008 enforced strict legal rules for data privacy protection. Also, freedom of speech and expression and right to information were given due recognition under the Information Technology Act, 2000. Even the INDIAN PENAL CODE, 1860 provides strict rules against the cyber- crimes.
OTHER LAWS AND ACTS:
There are also other special acts also tribunals being set for the protection of people from cyber attackers. Online sale of arms under arms act, online sale of drugs under narcotic drugs and psychotropic substances act, laws relating to Intellectual Property Rights, Reserve Bank of India Act, 1934, bankers book evidence Act, 1891 and many more.
WAYS TO PROTECT YOURSELF:
Use strong passwords(alphanumeric)
Update your software frequently
Enable Two- factor authentication
Back up your important data
Minimize the use of Wi- Fi networks
Use our own personal electronic gadgets
Do not plug in to pornographic sites
Enable private accounts in social media
CASE LAWS:
SHREYA SINGHAL V UNION OF INDIA
In this case it was held that, Section 66A of the IT ACT was violative of right to freedom of speech also removed arbitrary provision from IT ACT, 2000. Even though the provisions of the Section 66A were struck down, Indian Penal Code, 1860 provisions will continue even after.
SHAMSHER SINGH VERMA V STATE OF HARYANA
It was held that, Compact Disk can be considered as a document and the accused need not admit or deny a document under Section 294(1) of CrPC.
STATE OF TAMIL NADU V SUHASKATTI
In this case it was held that, and a well -known landmark case which convicted accused both under Indian Penal Code 1860 and Information Technology Act,2000. Both the simple and rigorous imprisonment along with the fine were imposed under Section 469 and Section 509 under Indian Penal Code,1860. As well as Section 67 of Information Technology Act.
PROCEDURE FOR FILING COMPLAINT UNDER CYBER LAW
People who are affected by the cyber- crimes and other ways of cyber bullying can file a written complaint to cybercrime cell, as it is an offline method of filing written complaint. The written complaint must be addressed to the Head of the Cybercrime Cell also accompanying further details like- Name, Contact details and Mailing address. Other necessary documents must be attached along with the written complaint. Documents are attached on the basis of crime affected towards the victim. If the victim does not possess any internet or data connection or does not possess any cyber -crime cells. He/ She can file FIR in the nearest police station.
There are two methods for filing complaint to cybercrime cells and they are:
Offline Procedure
Online Procedure
As the new phase of economy changes, currently there is an e- portal and that is National Cyber Crime Reporting Portal. It facilitates nation- wide filing and it being introduced by the government of India. Various reports like reports of crime related to women and children as well as other cyber- crimes including cyber trafficking, financial frauds, social media cyber -crimes, leakage of personal data information etc. In the current scenario that is during the pandemic era high rates of cyber -crimes increased. It was mainly against women and children.
MOST COMMON CYBER CRIMES:
Phishing Attacks- They are a most common means of stealing personal data and privacy. Victims will be encouraged to open fraud links by the way of portraying fake identity. Also, by logging into credit card details.
Trojan horses- They are a means of software programmer as appears to be true one but they can destroy the files and documents once they are updated.
Password attacks- Once the user is logged in the user must sign out. Otherwise, it can be accessed by the cyber attackers. In order to avoid them, user must use two- factor authentication to ensure the safety.
Spamming- We have seen spam folders in email accounts where is provides spam folders and links. They are really a means of hacking our email account and other transaction details etc.
CONCLUSION:
In order to ensure and safeguard the nation these enactments like cyber laws must come into force. Even highly confidential matters of government bodies, corporates also within the citizens must be protected. Cyber- crimes against women and children must not be entertained. Cyber criminals must be locked behind the bars. To ensure and maintain the moral values and dignity of our nation these ways of cyber- attacks must be penalized. So, it’s time to look after ourselves and must be aware about the world of cyber -crimes. Through this Article it brings the attention of the readers to safeguard ourselves from all modes of cyber- crimes.
REFERENCES:
- https://www.legalserviceindia.com/article/l146-Cyber-Crime-And-Law.html#:~:text=Section%2067%20of%20the%20Information,fine%20of%201%20lakh%20rupees
- https://www.legalserviceindia.com/legal/article-971-cyber-crime.html
- http://www.legalservicesindia.com/article/1404/Prevention-of-Cyber-Crime.html
- https://indiankanoon.org/search/?formInput=cyber%20crime%20cases
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