(..8..)
Cyber Crime[1]
SHORT NOTES
- Cyber Crimes.
- Write salient features of the Information Technology Act 2000
I] INTRODUCTION:-
Cyber crimes are new types of crimes that were unknown to the traditional criminal justice system until recent years. Only after the 1980s did this new type of crime become known.
Computer-related crimes are commonly called ‘cyber crimes’. Originally, the technology related to a computer was aimed at achieving the progress and prosperity of human beings; however, gradually, it paved the way for a variety of computer-related crimes, which are commonly known as ‘cyber crimes’.
Nowadays, cyber crimes have become a great concern for all countries. These crimes are different from traditional crimes. The peculiarity of cyber crimes is that they can be committed anonymously and from anywhere in the world. The victims of such crimes need not physically be present, and they may not know about the crimes immediately. Therefore, there is not much risk of being caught in such types of crimes.
II] DEFINITION:-
1) In common parlance, cyber crimes can be defined as ‘an unlawful act wherein the computer is used either as a tool or as a target or both’.
2) According to Parthsarthi:-
Cybercrime may be defined as “any illegal criminal activity that uses a computer either as an instrumentality, target or means of perpetrating further crime”.[2]
Thus, in cybercrime, the communicator attacks the victim through a computer or software without the latter’s knowledge.
By getting access to a computer, the communicator can also commit traditional crimes like theft, fraud, forgery, impersonation, etc.,
III] Classification of Cyber-Crimes:-
Cyber crimes can be classified as follows-
A) Cyber crimes against an individual person:-
Cyber Crimes against an individual person include-
1) Stalking[3]:-
Staking is sending persistent messages to unwilling recipients, causing them annoyance, worry, and mental torture.
2) Hacking[4]:-
Hacking is seeking unauthorized access through a computer network. It is of different forms, such as web-spoofing, e-mail bombing, Trojan attacks, virus attacks, password cracking, etc.. Hackers indulge in hacking to get monetary benefits, for political purposes or just for the thrill.
3) E-mail spoofing[5]:-
A spoofing e-mail is sending an e-mail showing its origin to be different from what it actually originates.
4) Privacy infringement:-
Any person who illegally and without the consent of the person concerned discloses any electronic book, register, correspondence, information, etc., is liable for breach of confidentiality and privacy.
5) Cyber defamation:-
Cyber defamation is defamation through the computer network. Any derogatory statement which is intended to injure a person’s name or reputation on a website or send an e-mail containing defamatory information about some other person constitutes the offence of cyber defamation.
B) Cyber-crime against the economy or property:-
Cyber-crime against the economy or property includes the transmission of viruses, unauthorised acts, violation of intellectual rights, illegal sale of articles, denial of services by taking the program, computer vandalism, internet time theft etc.,
C) Cyber crimes against the state or society:-
Cyber-crime against the state or society includes pilferage of State secret information, possession of unauthorised information, cyber terrorism, distribution of pirated software, polluting youths through indecent exposure, trafficking financial scams, forgery, gambling, etc.,
IV] Legal measures against Cyber-Crimes:-
Before the enactment of the Information Technology Act 2000, crimes related to computers were dealt with under the Indian Penal Code 1860. However, the provisions of I.P.C were found insufficient to nail such criminals; therefore, the Information Technology Act 2000 was enacted in India to deal with particular types of cyber crimes. The object of the Act is to prevent and control cyber crimes.
The Act was amended in 2008 to suit the growing menace of cyber crimes. We will discuss the salient features of the Act:-
1) The I.T. Act of 2000 consists of 94 sections, segregated into 13 chapters and four Schedules.
2) The act provides legal recognition to e-commerce, e-transactions, e-governance, electronic documents, digital signatures etc.,
3) The Act prohibits several cyber offences and is applicable to the offences or contraventions committed outside India.
4) The Act creates a justice dispensation system for cyber crimes. Therefore, it has created a certifying authority, an adjudicating officer, a cyber appellate tribunal, etc.
*****
[1] कंम्पुटर / संगणकासंबंधी गुन्हे
[2] संगणकीय गंन्हेगारी म्हणजे काणतीही फौजदारी स्वरूपाचे कृत्य कि जे संगणकाचा माध्यम म्हणन लक्ष्य म्हणून अथवा साधन म्हणुन गुन्हा करण्यासाठी वापर करते
[3] स्वीकारणेची ईच्छा नसणा-या व्यक्तीस वारंवार व भरपुर मेसेजेस पाठऊन त्रास देने
[4] परवानगीशिवाय दुस-याचे अकाउंट मध्ये प्रवेष करणे
[5] दुस-याचे अकाउंटवरून ईमेल करणे