Cyber crime
Cybercrime: the next entrepreneurial business?
26 Jul 2016  |  Views: 244  | 
Tanushree Sharma
Advocate

 Cybercrime: the next entrepreneurial business?


Cybercrime is one of the most debated topic these days, the cases and the incidents of cybercrime sound insane and sometimes cyber criminals show all their inhumanity by the cybercrimes they commit. The advancement of technology has made man dependent on Internet for all his needs. 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. Internet is used in almost every sphere. With the development of the internet the concept of Cybercrimes emerged.

Cybercrime cases are the most common and rapidly growing evil in the machine like and modernized society. Every corner of the world is now under the trigger of cyber terrorists. In India numerous cases relating to Cyber Crime are registered till date. The case of ‘State of Tamil Nadu Vs Suhas Katti’ is one of the landmark cases in the field of Cybercrime. The accused of this case was a family friend of the victim and was reportedly interested in marrying her, but the victim was married to another person and later on she was divorced. After her divorce the accused contacted her once again and on her denial to marry him, the accused started harassing her through internet by sending e-mails, posting obscene and defamatory messages in yahoo group about the victim which resulted in annoying phone calls to the victim. The victim of this case lodged a complaint on February 2004 and acting upon the complaint police arrested the accused within a few days.

In the Bazee.com case, CEO of Bazee.com was arrested in December 2004 because a CD with objectionable material was being sold on the website. The CD was also being sold in the markets in Delhi. The Mumbai city police and the Delhi Police got into action. The CEO was later released on bail. This opened up the question as to what kind of distinction do we draw between Internet Service Provider and Content Provider. The burden rests on the accused that he was the Service Provider and not the Content Provider. It also raises a lot of issues regarding how the police should handle the cybercrime cases and a lot of education is required.

The culprits behind the world of cybercrime mainly include children and professional hackers. Most of these children are inspired by the thought of doing something new or something different from their friends and in fact most of them are unaware of the punishment for such illegal activities. Legal awareness among them will certainly debar them from doing such crimes. It has become possible for people with comparatively low technical skills to steal thousands of pounds a day without leaving their homes. In fact, to make more money than can be made selling heroin (and with far less risk), the only time the criminal need leave his PC is to collect his cash. Sometimes they don't even need to do that.

The I.T. Act, 2000 which governs the cyber space in India also defines the offences which constitute cybercrime and prescribes punishment for them. For example- under this Act, the punishment for hacking a computer system which causes wrongful damage to the public or destroys, alters or deletes any information residing in a computer or network of computers shall be imprisonment for three years or fine which may extend up to two lakh or both. Punishment for misrepresentation or publishing of digital signatures and other data for fraudulent purposes are also prescribed under this act. The I.T.Act also has an overriding effect over anything that is inconsistent and contained in any other law which is in force. This act also provides for Cyber Appellate Tribunal to deal with cases arising out of a violation or breach in cyber space.

The internet is slowly but steadily creeping into every sphere of modern life. As internet has started occupying a pivotal position in our lives, we need to develop and evolve a ‘modus operandi’ on how to ensure a better use of this indispensable instrument and tackle the looming threat of criminal interference in cyber space. 

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