cyber crime
what is cyber crime?
What is cyber crime in India?
By  Ridhima  |  09 Mar 2016  |  Upvotes: 0  | 

2 Answer(s)

Ravindra Purohit
Advocate

In India Computer crime is dealt with under the Information Technology Act 2000, but the act has not defined Computer Crime, if I am not misteken, but the offences are provided under chapter XI from section 65 to 78 of the said Act. But Computer Crime has been broadly defined as any illegal act that involves a computer systems, or its applications. It is any intentional act associated in any way with computers where a victim suffered or could have suffered a loss, and prepetrator made or could have made a gain. The United states department of Justice provides another definition, stating that computer crime is any illegal act for which knowledge of computer technolofy is essential for either its preperation, investigation, or prosecution.

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Tanushree Sharma
Advocate
Any offence under law in which an electronic document is involved can be termed generally as a "Cyber Crime". Such an electronic document can be a tool of Crime or an object of Crime. The crime can be an "Internet Crime" where a website or an e-mail might be used as a tool or a crime involving a LAN or even a single computer. A Crime using a Mobile or ATM is also generally covered under the term "Cyber Crime" since electronic documents are involved. Out of the crimes some crimes come under Information Technology Act 2000 and some may come under other statutes such as IPC. For the purpose of determining the jurisdiction of specially designated Cyber Crime Police Stations, offences under IT Act 2000 alone may be considered as "Cyber Crime". This is a limited definition. eg: A defamatory/threatening message sent through e-mail or SMS is an offence under IPC and not under IT Act 2000. If the message is "Obscene" it may be an offence under Section 67 of IT Act 2000. A Fraud committed using web or e-mail such as the Nigerian Fraud or a Lottery fraud is an offence under IPC and not under IT Act 2000. Any offence in which an Electronic Document is accessed or altered causing a wrongful harm to some body may be an offence under Section 66 of IT Act 2000.
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