APresentation

On“Cyber Crime Laws and

Cases related to it in India.”

What is Cyber crime???

• Cyber crime is simply defined as crimes that are directly related to computers and using computers. 

• An increasing number of domestic and international criminal activities are using the Internet. Computers and other electronic devices can be tools to commit crime or are targeted by criminals. A personal computer connected to the Internet without protection may be infected with malicious software in under a minute.

• Cybercrime has been used to describe a wide range of offences, including offences against computer data and systems (such as “hacking”), computer- related forgery and fraud (such as “phishing”), content offences and copyright offences (such as the dissemination of pirated content).

• Cybercrime is one of the fastest-growing criminal activities on the planet. It covers a huge range of illegal activity including financial scams, computer hacking, virus attacks, stalking by e-mail and creating websites that promote racial hatred.

IT Act, 2000

• Enacted on 17th May 2000- India is 12th nation in the world to adopt cyber laws

• IT Act is based on Model law on e-commerce adopted by UNCITRAL

Objectives of the IT Act:To provide legal recognition for transactions:-• Carried out by means of electronic data interchange, and

other means of electronic communication, commonly referred to as "electronic commerce“

• To facilitate electronic filing of documents with Government agencies and E-Payments

• To amend the Indian Penal Code, Indian Evidence Act,1872, the Banker’s Books Evidence Act 1891,Reserve Bank of India Act ,1934

Types of Cyber Crime:• Section 65: Source Code• Section 66: Hacking • Sec. 67. Obscenity• Sec 69: Decryption of information• Sec. 70 Protected System• Cyber stalking• Cyber defamation

Drawbacks of IT Act 2000:1. The law misses out completely the issue of Intellectual Property Rights, and makes no provisions whatsoever for copyrighting, trade marking or patenting of electronic information and data. 2. The law even stays silent over the regulation of electronic payments gateway and segregates the negotiable instruments from the applicability of the IT Act , which may have major effect on the growth of e-commerce in India . It leads to make the banking and financial sectors irresolute in their stands . 3. The act empowers the Deputy Superintendent of Police to look up into the investigations and filling of charge sheet when any case related to cyber law is called. This approach is likely to result in misuse in the context of Corporate India as companies have public offices which would come within the ambit of "public place" under the Act. 4. Internet is a borderless medium ; it spreads to every corner of the world where life is possible and hence is the cyber criminal. Then it not possible to feel relaxed and secured when this law only is enforced in the nation.

WHO ARE CYBER CRIMINALS?

• Kids (age group 9-16 etc.) • Organized hack activists • Disgruntled employees • Professional hackers (corporate espionage)

The majority of cybercrimes are centered on fraud and Phishing, India is the third-most targeted country for Phishing attacks after the

US and the UK, Social networks as well as ecommerce sites are major targets, 6.9 million bot-infected systems in 2010, 14,348 website defacements in 2010, 6,850 .in and 4,150 .com domains were defaced during 2011, 15,000 sites hacked in 2011, India is the number 1 country in the world for generating spam.

Cyber Crime In India

Why India?A rapidly growing online user base

121 Million Internet Users 65 Million Active Internet

Users, up by 28% from 51 million.

50 Million users shop online on Ecommerce and Online Shopping Sites

46+ Million Social Network Users

346 million mobile users had subscribed to Data Packages.

Cyber Laws in IndiaUnder The Information

Technology Act, 2000

CHAPTER XI – OFFENCES – 66. Hacking with computer system.

(1) Whoever with the Intent to cause or knowing that he is likely to cause Wrongful Loss or Damage to the public or any person Destroys or Deletes or Alters any Information Residing in a Computer Resource or diminishes its value or utility or affects it injuriously by any means, commits hack.

(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Case 1:State of Tamil Nadu Vs Suhas Katti (2004)

The Case of Suhas Katti is notable for the fact that the conviction was

achieved successfully within a relatively quick time of 7 months from the

filing of the FIR.

The case related to posting of obscene, defamatory and annoying message

about a divorcee woman in the yahoo message group. E-Mails were also

forwarded to the victim for information by the accused through a false e-

mail account opened by him in the name of the victim. The posting of the

message resulted in annoying phone calls to the lady in the belief that she

was soliciting.

Based on a complaint made by the victim in February 2004, the Police traced the accused to Mumbai and arrested him within the next few days

On 24-3-2004 Charge Sheet was filed u/s 67 of IT Act 2000, 469 and 509 IPC before The Hon’ble Addl. CMM Egmore.

The accused paid fine amount and he was lodged at Central Prison, Chennai. This is considered as the first case convicted under section 67 of Information Technology Act 2000 in India

Case 2:SONY.SAMBANDH.COM CASE(2002)

• Sony India Private Ltd, which runs a website called www.sony-sambandh.com, targeting Non Resident Indians. The website enables NRIs to send Sony products to their friends and relatives in India after they pay for it online.

• The company undertakes to deliver the products to the concerned recipients. In May 2002, someone logged onto the website under the identity of Barbara Campa and ordered a Sony Colour Television set and a cordless head phone.

• At the time of delivery, the company took digital photographs showing the delivery being accepted by Arif Azim. The transaction closed at that, but after one and a half months the credit card agency informed the company that this was an unauthorized transaction as the real owner had denied having made the purchase.

• The court, however, felt that as the accused was a young boy of 24 years and a first-time convict, a lenient view needed to be taken. The court therefore released the accused on probation for one year. 

• The judgment is of immense significance for the entire nation. Besides being the first conviction in a cybercrime matter, it has shown that the the Indian Penal Code can be effectively applied to certain categories of cyber crimes which are not covered under the Information Technology Act 2000. Secondly, a judgment of this sort sends out a clear message to all that the law cannot be taken for a ride.

Case 3:Pune Citibank MphasiS Call Centre Fraud

(2005)• The MphasiS-Citibank funds siphoning case is particularly

noteworthy because of the ease with which a bunch of young BPO employees — from middle-class, criminal-free backgrounds — allegedly pulled off a financial fraud worth nearly half-a-million dollars.

• The ex-employees was able to convince the customers to give up their electronic PINS for their Citi Bank account which allowed them unauthorized access in the accounts of the customers.

• The crime was obviously committed using "Unauthorized Access" to the "Electronic Account Space" of the customers. It is therefore firmly within the domain of "Cyber Crimes".

• ITA-2000 is versatile enough to accommodate the aspects of crime not covered by ITA-2000 but covered by other statutes since any IPC offence committed with the use of "Electronic Documents" can be considered as a crime with the use of a "Written Documents". "Cheating", "Conspiracy", "Breach of Trust" etc are therefore applicable in the above case in addition to section in ITA-2000.

• Under ITA-2000 the offence is recognized both under Section 66 and Section 43. Accordingly, the persons involved are liable for imprisonment and fine as well as a liability to pay damage to the victims to the maximum extent of Rs 1 crore per victim for which the "Adjudication Process" can be invoked.

CONCLUSION

• “As internet technology advances so does the threat of cyber crime. In times like these we must protect ourselves from cyber crime. Anti-virus software, firewalls and security patches are just the beginning. Never open suspicious e-mails and only navigate to trusted sites. Cyber laws essential feature in today’s world of internet To reduce the damage to critical infrastructures To protect the internet from being abused Achieving global peace and harmony

References

• IT Act- www.dot.gov.in/sites/default/files/itbill2000_0.pdf

• Book- Cyber Law and Information Security• Cases- www.cyberlawsindia.net• Newspaper

Thank You…….