How to Deal with Cyber Crimes in India?

Published on 14 Jun 2016 by Team

The advancement of technology has made man dependent on the Internet for all his needs. The Internet has given man easy access to everything while sitting at one place. Social networking, online shopping, storing data, gaming, online studying, online jobs, every possible thing that man can think of can be done through the medium of internet. The Internet is used in almost every sphere. With the development of the internet and its related benefits also developed the concept of cyber crimes. Cyber crimes are committed in different forms.

The cyberspace has been constantly rising as a critical gathering of criminal activity that requires specific observing. In any case, cybercrime cases frequently go unreported in India further expanding online defenselessness. Indeed, even reported cases for the most part result in quittance because of the absence of scientific framework and prepared policed faculty, who can recover and show satisfactory and acceptable advanced confirmation.

Different kinds of Cyber Crimes

Crimes against person 

Unauthorized Access and Hacking

Unauthorized access means any kind of access without the permission of the rightful owner or the person in charge of the computer, computer system or computer network. Hacking is the illegal interference with a computer or/and a network. Hackers write or use ready-made computer programs to attack the target computer. They possess the desire to destruct and they get the kick out of such destruction. You can hire a cyber crime lawyer in India to file a complaint with the cyber cell.

Web Hijacking

Web hijacking means taking forceful control of another person’s website. In this case, the owner of the website loses control over his website and its content.

Child Pornography

The Internet is being highly used as a medium to sexually abuse children. The children are the viable victims of the cybercrime. Computers and internet have become a necessity of every household, the children have got an easy access to the internet. There is an easy access to the pornographic contents on the internet. Paedophiles lure the children by distributing pornographic material and then they try to meet them for sex or to take their nude photographs including their engagement in sexual positions.

Crimes against property

Intellectual Property Crimes

 Intellectual property consists of a bundle of rights. Any unlawful act by which the owner is deprived completely or partially of his rights is an offence. The common form of IPR violation may be said to be software piracy, infringement of copyright, trademark, patents, designs and service mark violation, theft of computer source code, etc. The best cyber crime advocates in India can help you in filing a cyber complaint.

Cyber Squatting 

It means where two persons claim for the same Domain Name either by claiming that they had registered the name first on by right of using it before the other or using something similar to that previously.

Cyber Vandalism

Vandalism means deliberately destroying or damaging property of another. Thus cyber vandalism means destroying or damaging the data when a network service is stopped or disrupted. It may include within its purview any kind of physical harm done to the computer of any person. These acts may take the form of the theft of a computer, some part of a computer or a peripheral attached to the computer.

Cyber Trespass

It means to access someone’s computer without the right authorization of the owner and does not disturb, alter, misuse, or damage data or system by using wireless internet connection.

Information Technology Act

It is the premier legislation which brought in the connotation of Cyber Crimes and their seriousness.

According to the Section 43 of Information Technology Act, 2000 whoever destroys, deletes, alters and disrupts or causes disruption of any computer with the intention of damaging of the whole data of the computer system without the permission of the owner of the computer, shall be liable to pay fine upto 1 crore to the person so affected by way of remedy. According to the Section 43A which is inserted by ‘Information Technology(Amendment) Act, 2008’ where a body corporate is maintaining and protecting the data of the persons as provided by the central government, if there is any negligent act or failure in protecting the data/ information then a body corporate shall be liable to pay compensation to person so affected. And Section 66 deals with ‘hacking with computer system’ and provides for imprisonment up to 3 years or fine, which may extend up to 2 years or both.

Juvenile first-time offenders

Usually, teens get involved in this crime unknowingly or which according to them is fun. So, recently it was proposed by Home Ministry and IT department that first-time offenders will be handled with leniency and with remedies like warning, counselling and parental guidance.

More Initiatives required from the State Police forces to curb cyber crimes

Perceiving the trouble of examining high-innovation wrongdoing by in fact untrained police faculty, a specific cybercrime cell was initially settled in Bangalore in 1999. Before long, in 2001, the cell was pronounced as a cyber crime police headquarters, the first to have been built up in India and practising ward over Karnataka. A multidisciplinary gathering of specialists was set to help the police headquarters in researching enrolled cybercrime cases.

To handle the mounting number of cybercrime cases being accounted for the nation over, different states went with the same pattern and a few cybercrime examination cells were built up all over India. No less than 21 Indian states including New Delhi, Karnataka, Andhra Pradesh, Tamil Nadu, Maharashtra, Odisha and Uttar Pradesh have such devoted to cybercrime cells. Some states which confront higher rate of cybercrime, for example, Maharashtra and Odisha even have different cybercrime cells or cybercrime police headquarters staffed with technically knowledgeable officers.

Indian Penal Code 

The Indian Penal Code was amended by inserting the word 'electronic' thereby treating the electronic records and documents on a par with physical records and documents. The Sections dealing with a false entry in a record or false document etc (e.g. 192, 204, 463, 464, 464, 468 to 470, 471, 474, 476 etc.) have since been amended as 'electronic record and electronic document' thereby bringing within the ambit of IPC. Now, electronic record and electronic documents have been treated just like physical records and documents during the commission of acts of forgery or falsification of physical records in a crime.

Cyber Cells 

These cells have been set up particularly to distinguish, anticipate and explore cybercrimes that fall inside the ambit of Information Technology Amendment Act, 2008 (Central Act, 2000) and help other organizations in researching computer-related crimes. The particular cells are by and large outfitted with cutting-edge programming and equipment gear required to seek after examination of cybercrimes. They are likewise ordinarily to keep an eye on by extraordinarily prepared cops capable of directing cybercrime tests. They assume a basic part in rapidly recovering computerized proof in a way that permits it to be permissible in courts. Some of these cells additionally sort out infrequent mindfulness drives to teach the overall population on cybercrime, as a team with different partners.

While bigger digital cells are adequately prepared to handle cybercrime dissensions, nearby cells frequently need ability and capability in managing cases of cybercrime. This, in any case, has not disheartened law authorization offices as they keep on innovating inventively to address the issue of cybercrime in India. Top cyber crime attorneys in India can help you in taking an action against a cyber crime.

Reporting and Policing 

  • The Delhi Police declared that FIRs for financial misrepresentation and cybercrime cases could be documented through a portable application that they were set to dispatch. This activity was dispatched keeping in mind the end goal to disentangle the methodology required in documenting a cybercrime protestation, expand straightforwardness and urge more casualties to record objections. Utilization of innovation to empower disentangled online cybercrime reporting is liable to build the rate of reporting of cybercrime by casualties, a perspective additionally upheld in a late ASSOCHAM-EY study.
  • The Mumbai Police dispatched an intelligent stage that is intended to help law implementation organizations with the location of cybercrimes. The application which is termed Collaborative Online Crime Control Network (Coin) is connected to worldwide digital law databases of more than 50 nations and helps specialists recognize offences under both the Information Technology Act, 2000 and digital laws of different wards.
  • Moreover, the principal private cybercrime reporting helpline has additionally started operation in the Delhi-NCR district and gives specialized help to casualties after getting a grievance around a digital offence. The helpline is, for the most part, utilized by casualties who did not have any desire to formally report cases to law requirement offices. It was conceptualized taking motivation from the Internet Crime Complaint Center (IC3.gov) worked by FBI. Of the objections got, some genuine violations were sent to the Delhi police for examination.

The Central Bureau of Investigation (CBI) is additionally occupied with the battle against cybercrime and has a few particular structures occupied with comprehension and combatting cybercrime in India. It is likewise apparently furnished with the skill and hardware to manage a high-innovation wrongdoing as it capacities as INTERPOL's National Central Reference Points for Computer-Related Crime. The Cybercrime Research and Development Unit (CCRDU) liaises with state police to gather data, track improvements and patterns in cybercrime and disperses data on cybercrime. The Cybercrime Investigation Cell (CCIC) practices purview all through India and has the ability to explore high innovation wrongdoing regardless of the fact that they are not secured under the IT Act. The Cyber Forensics Laboratory of the CBI even gives specialized help to other law authorization organizations in progressing cybercrime examination.

Conclusion

Society as on today is happening more and more dependent upon technology and crime based on electronic offences are bound to increase. The endeavour of lawmaking machinery of the nation should be in accordance with mile compared to the fraudsters, to keep the crimes lowest. Hence, it should be the persistent efforts of rulers and lawmakers to ensure that governing laws of technology contains every aspect and issues of cybercrime and further grow in a continuous and healthy manner to keep a constant vigil and check over the related crimes. India is confronting a huge number of digital assaults, dispatched from both inside and outside its outskirt and it is undisputed that there must be resolved endeavours for better security. While it is misty whether substantial changes in cybercrime patterns have, as of now, been noted after their presentation, innovative reporting and policing activities will undoubtedly viably control cybercrime rates by acquiring a demeanour change casualties and law requirement officers.

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