CYBER CRIMES, OFFENCES AND PENALTIES

Cyber as defined in oxford dictionary means relating to or characteristic of the culture of computers, information technology, and virtual reality .Therefore with the advent of technology there has been one more addition in the category of crime .

However, this has not been defined under any law what constitute or determine an act as a cyber crime.

However in the term of interpretation it can be stated as cyber crimes are offences relating to computers, information technology, internet and virtual reality where offence has been defined under section 40 of Indian penal code, 1860.

VARIOUS CYBER CRIMES WHICH CAN BE SEEN RAMPANTLY-

Identity theft and cheating by personating-section 66 C of the IT act prescribes punishment for identity theft and 66 D provides punishment for cheating by personating by using computer resource.

The respective section provides that anybody who dishonestly or fraudently makes use of the electronic signature, password or any other unique identification features of any other person shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rs.1, 00,000(rupees one lakh) under 66 D provides that any person who by means of communication device or computer resource cheats by personation ,shall be punished with imprisonment of either description of a term which may extend to three years and shall also bailable to fine which may extend to Rs 1,00,000.

The crime “cheating by personation” has been made punishable under section 419 of the Indian penal code, 1860 and section 463,465 and 468 of the IPC dealing with the forgery and forgery for the purpose of cheating and may also be applicable in a case of identity theft. In this context reference may be made to section 420 of the IPC that provides that any person who cheats and thereby dishonestly induces the person to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed and which is capable of being converted into a valuable security shall be punishable with imprisonment for a term 7 years and shall also be liable for fine.

Obscenity-there has been no code or law which has defined obscenity but obscenity in common means legal concept used to characterize certain (particularly sexual) material as offensive to the public sense of decency. Section 67,67A and 67B of the IT Act prescribe punishment for publishing or transmitting in electronic form-(i) obscene material (ii) material containing sexually explicit act etc and (iii) material depicting children in sexually explicit. Same act is punishable under section 292 and 294 of the IPC.

Hacking and data theft-section 43 and 66 of the IT Act penalise a number of activities ranging from hacking into a computer network, data theft, introducing and spreading viruses through computer network, damaging computers or computers network  or computer programmes, disrupting any computer system or computer network.

Section 378 of the IPC relating to theft movable property will apply to theft of any data online or otherwise. Since section 22 of IPC,1860 states that word “movable property “are intended to include corporeal property of every description except land and things attached to earth.

even section 424 of the IPC states Dishonest or fraudulent removal or concealment of property.—Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraud­ulently assists in the concealment or removal thereof, or dishon­estly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. This aforementioned section will apply to data theft.

section 425 deals with mischief which states that Mischief.—Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. Thus above mentioned act will also cover data theft and hacking.

Receipt of stolen property-section 66 B of the itcat, 200 and 411 of IPC, 1860 penalize an act of dishonestly receiving stolen property ,under IT act dishonestly receiving any stolen computer resources or communication device.

section 43(h) read with section 66 in the information technology act, 2000-penalizes the  act of charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network,

Like someone tamper the system and cause you to pay an amount of which you are not even accountable of amount to an offence under IT Act, 2000.

Section 65 of the it act-tampering with computer source documents.–Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Section 66E-violation of privacy –

Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

Section 66F talks about cyber terrorism- Which states that whoever with intent to threaten the unity, integrity, security or sovereignty of India by using the computer resources shall be punishable with imprisonment which may extend to imprisonment for life.

 

 

 

CONCLUSION-

The introduction of information technology act has though not defined cybercrime but has made many act targeting computer resources or any electronic media punishable.

Though the ingredients of many of them might be overlapping with IPC, 1860 but there are also certain offences which has been drafted seeing the change and use of it like cyber terrorism with the advent of technology it has important to have important legislation which can fight against the cyber crime and its various aggravated from like in recent we also heard about the term called “Digital Rape” for which there has been no legislation so there must be a separate or more exclusive act to deal with such form of crime and to make internet a safer place.