CYBER CRIMES IN CYBER CRIMES IN INDIAINDIA

Shweta singhShweta singhNeha aggarwalNeha aggarwal

Palak karirPalak karirSharadha guptaSharadha gupta

Nitin sigrohaNitin sigroha

DefinitionDefinition

The Cambridge dictionary defines Cyber The Cambridge dictionary defines Cyber Crimes as Crimes committed with the use of Crimes as Crimes committed with the use of computers or relating to computers, computers or relating to computers, especially through the Internet.especially through the Internet.

Universally, Cyber Crime is understood as Universally, Cyber Crime is understood as ""an unlawful act where in the computeran unlawful act where in the computer is is either a tool or a target or both".either a tool or a target or both".

Classification of Cyber CrimesClassification of Cyber Crimes

Hacking

Publishing of information, Publishing of information, which is obscene in which is obscene in electronic form electronic form

Child PornographyChild Pornography

Breach of confidentiality and Breach of confidentiality and privacy privacy

Cyber Stalking Cyber Stalking

Cyber squatting Cyber squatting

Data Diddling Data Diddling

Email bombing Email bombing

Salami attackSalami attack

Intellectual Property Crime Intellectual Property Crime

Trojan Attack Trojan Attack

Financial crimes Financial crimes

virus/worm attack virus/worm attack

E-mail spoofingE-mail spoofing

Cyber DefamationCyber Defamation

PhishingPhishing

CYBER CRIME RATE IN INDIACYBER CRIME RATE IN INDIA

31 per cent of the crimes was attributable 31 per cent of the crimes was attributable to former employees.to former employees.

29 % was done because of business 29 % was done because of business rivals.rivals.

More than half of the crimes were More than half of the crimes were attributable to both current and former attributable to both current and former employees.employees.

CYBER CRIME INVESTIGATION CELLCYBER CRIME INVESTIGATION CELL

The Cyber Crime Investigation Cell (CCIC) of the CBI, The Cyber Crime Investigation Cell (CCIC) of the CBI, notified in September 1999, started functioning w.e.f. notified in September 1999, started functioning w.e.f. 3.3.2000.3.3.2000.CCIC located in Mumbai, Delhi, Chennai, Bangalore CCIC located in Mumbai, Delhi, Chennai, Bangalore cities.cities.Jurisdiction of the cell is all over India.Jurisdiction of the cell is all over India.Any and every incident of cyber crime involving a Any and every incident of cyber crime involving a computer or electronic network can be reported to a computer or electronic network can be reported to a police station, irrespective of whether it maintains a police station, irrespective of whether it maintains a separate cell or not.separate cell or not.

LEGISLATIONS FOR CYBER LEGISLATIONS FOR CYBER CRIMES IN INDIACRIMES IN INDIA

INFORMATION TECNOLOGY ACT 2000INFORMATION TECNOLOGY ACT 2000

INFORMATION TECNOLOGY ACT INFORMATION TECNOLOGY ACT 20002000

India’s first Cyber Law.India’s first Cyber Law.The IT Act has been adopted from United The IT Act has been adopted from United Nations Commission on International Trade Law Nations Commission on International Trade Law (UNCITRAL) Model Law. (UNCITRAL) Model Law. The Act aims at providing legal recognition for The Act aims at providing legal recognition for transactions carried out by means of electronic transactions carried out by means of electronic data.data.Information technology Act 2000 consists of 94 Information technology Act 2000 consists of 94 sections segregated into 13 chapters. Four sections segregated into 13 chapters. Four schedules form part of the Act.schedules form part of the Act.This Act also apply for offences or This Act also apply for offences or contraventions committed outside India.contraventions committed outside India.

The State of Tamil Nadu v. Suhas KattiThe State of Tamil Nadu v. Suhas Katti

Land mark case in the history of Cyber Crime Land mark case in the history of Cyber Crime Management in India & the first case convicted under IT Management in India & the first case convicted under IT Act 2000.Act 2000.

The case related to posting of obscene, defamatory and The case related to posting of obscene, defamatory and annoying message about a divorcee woman  in the annoying message about a divorcee woman  in the yahoo message group.yahoo message group.

The accused was sentenced to RI of 2 years and fine up The accused was sentenced to RI of 2 years and fine up to Rs.4000.to Rs.4000.

Cyber casesCyber cases

UTI Bank hooked in a phishing attackUTI Bank hooked in a phishing attack14 February 2007.14 February 2007.

Online credit card scamOnline credit card scamFeb 28 2007.Feb 28 2007.

Amendments Amendments

The Union Cabinet gave its approval on Oct 16, 2006 to The Union Cabinet gave its approval on Oct 16, 2006 to the amendment proposed in the Information Technology the amendment proposed in the Information Technology Act, 2000. Act, 2000. Publishing sexually explicit materials in electronic form,Video voyeurismBreach of confidentiality and leakage of data by intermediary, e-commerce frauds like personation commonly known as Phishing, Identity theft and Offensive messages through communication services

WHATS WRONG WITH THE WHATS WRONG WITH THE CYBER LAWCYBER LAW

India’s first cyber law is still hard to implement.India’s first cyber law is still hard to implement.

Lack of knowledge to police personnel, Lack of knowledge to police personnel, advocates, judges.advocates, judges.

No provision has been made for the police to No provision has been made for the police to take expert help in conducting investigations.take expert help in conducting investigations.

No sufficient staffs in the cyber cell.No sufficient staffs in the cyber cell.

Does not provide any clear guidelines for Does not provide any clear guidelines for regulation of the electronic payments gateway regulation of the electronic payments gateway

The need of Cyber ForensicsThe need of Cyber ForensicsThe traditional methods are inadequate: The traditional methods are inadequate:

The law may be categorised as substantive and procedural.The law may be categorised as substantive and procedural.

The traditional procedural mechanisms, including forensic science methods, The traditional procedural mechanisms, including forensic science methods, are neither applicable nor appropriate for this situation. Thus, “cyber forensics” is the are neither applicable nor appropriate for this situation. Thus, “cyber forensics” is the need of the hour. India is the 12th country in the world that has its own “Cyber law” (IT need of the hour. India is the 12th country in the world that has its own “Cyber law” (IT Act, 2000). However, most of the people of India, including lawyers, judges, professors, Act, 2000). However, most of the people of India, including lawyers, judges, professors, etc, are not aware about its existence and use. The traditional forensic methods like etc, are not aware about its existence and use. The traditional forensic methods like finger impressions, DNA testing, blood and other tests, etc play a limited role in this finger impressions, DNA testing, blood and other tests, etc play a limited role in this arena.arena.

The changing face of crimes and criminals: The use of Internet has changed The changing face of crimes and criminals: The use of Internet has changed the entire platform of crime, criminal and their prosecution. The Internet is boundary less the entire platform of crime, criminal and their prosecution. The Internet is boundary less and that makes the investigation and punishment very difficult. These objects of criminal and that makes the investigation and punishment very difficult. These objects of criminal law will become a distant reality till we have cyber forensics to tackle them.law will become a distant reality till we have cyber forensics to tackle them.

RecommendationsRecommendations

Provisions to cover all cyber crimes.Provisions to cover all cyber crimes.

Proper training to police and CCIC Proper training to police and CCIC personnel.personnel.

Awareness among the public.Awareness among the public.

Thank youThank you