Cyber Law - 16167

CYBER CRIMES AND IT OFFENCES

Rajiv Gandhi National University of Law, Punjab (Established under the Punjab Act 12 of 2006)

A Project Submitted on: “Need For Criminal Liability for Specific Cyber Crimes in India”

Supervised By:

Submitted by:

DR. IVNEET KAUR WALIA

Mudit Nagpal

Associate Professor of Law,

16167

RGNUL, Punjab

4th Year, B.A.LL.B. Group No. 11

ACKNOWLEDGEMENT

The gratification and elation on the completion of this project will be incomplete without mentioning all the people who helped to make it possible, whose guidance and encouragement was valuable to me. I articulate my thanks to our worthy Vice Chancellor Professor (Dr.) Paramjeet Singh Jaswal who helped me to inculcate the zeal for this project. I express my sincere and heartiest thanks to Dr. Ivneet Walia who has been a constant source of inspiration to me in completing the project to its rightful path. I am immensely indebted to her for inspiring guidance and kind suggestion in carrying out the project. I also thank God, though I am not worthy of thanking him, but its inexplicable greatness on his part to educate me, being with me and taking care of me. Without his guidance I wouldn’t have been physically and mentally fit to complete this study. I specially thank my parents who gave me a chance to study in this esteemed university, a paradise for legal edification and all who supported me directly or indirectly, for successful completion of the project work. Last, but not the least; I thank my institution, Rajiv Gandhi National University of Law, Punjab, for giving me the opportunity for developing the project.

Page | 2 Cyber crimes and IT offences

TABLE OF CONTENTS

Acknowledgement .............................................................................................................. 2 Introduction ......................................................................................................................... 4 I.

What does crime mean? ........................................................................................ 4

II. What Is Cyber Crime? .......................................................................................... 5 III.

Emergence of Information Technology Act, 2000 ........................................... 5

NEED FOR CYBER LAWS .............................................................................................. 8 I.

IT legislation in India............................................................................................. 8

II.

Objectives of I.T. legislation in India................................................................ 9

III.

Amendment Act 2008 ....................................................................................... 10

HOW EFFICIENT IS INFORMATION TECHNOLOGY ACT, 2000? ......................... 12 Cyber offences in Laws other than IT Act ........................................................................ 13 I.

CONSTITUTIONAL LIABILITY ..................................................................... 13

II.

CRIMINAL LIABILITY................................................................................. 14

III.

TORTIOUS LIABILITY................................................................................. 15

Laws governing identity thefts in India ............................................................................ 18 CONCLUSION AND SUGGESTIONS ........................................................................... 20 REFERENCES ................................................................................................................. 22

Page | 3 Cyber crimes and IT offences

INTRODUCTION

The present era is marked by two things: heavy reliance on technology and virtual space. But behind the interfusion of these two there exists a world of potent threat and risks. These threats and risks are very much latent in nature and mostly the one committing it or the one upon whom it is committed are extremely difficult to be identified.1 For instance in crimes like cyber phishing, where a user shares his credentials to a disguised trustworthy site but subsequently becomes a victim of fraud. The pace with which such crimes are evolving is very striving yet a country like India lacks far behind when it comes to laws and rules regulating cyber world. Much to our surprise there is no definition of cyber crimes in India. Although we have come up with IT Act, 20002 and the subsequent amendment to it in 2008 yet we are not able to cover the complete ambit of cyber crimes. Like a very crucial issue of right to privacy. It has almost no relevance when the cyber crimes in India are investigated. This only shows the imbalance between age old procedure adopted in India and the advancement which Indian society has made. However liability can also be found under criminal and tort law which has maintained their coordination with the procedural part.

I.

What does crime mean?

Crime, in modern times this term doesn’t have any universally accepted definition, but one can define crime, also called an offense as an act harmful not only to some individual, but also to the community or the state also known as a public wrong. Such acts are forbidden and punishable by law. What is a criminal offense is defined by criminal law of each country? While many countries have a crime catalog known as the

1

Computer Law: Drafting and Negotiating Forms and Agreements, by Richard Raysman and Peter Brown. Law Journal Press, 1999–2008. ISBN 978-1-58852-024-1 2 The Information Technology Act, 2000.

Page | 4 Cyber crimes and IT offences

criminal code however in some common law countries no such comprehensive statute exists. The state has the power to severely restrict one’s liberty for committing a crime. Modern societies, therefore, adopt and adhere a criminal procedure during the investigation and trial of the offense and only if found guilty, the offender may be sentenced to various punishments, such as life imprisonment or in some jurisdictions like in India even death. To be classified as a crime, the act of doing something bad also called as actus reus must be usually accompanied by the intention to do something bad i.e. mens rea, with certain exceptions like strict liability. II.

What Is Cyber Crime?

Cybercrime is any criminal activity in which a computer or network is the source, target or tool or place of crime. According to The Cambridge English Dictionary, cyber crimes are the crimes committed with the use of computers or relating to computers, especially through the internet.3 Crimes which involve use of information or usage of electronic means in furtherance of crime are covered under the ambit of cybercrime. Cyberspace crimes may be committed against persons, property, government and society at large.4

III.

Emergence of Information Technology Act, 2000

Crime is both a social as well as an economic phenomenon. Its history is as old as human society. Many books right from the pre-historic days, and mythological stories have spoken about crimes committed by individuals be it against another individual like ordinary theft and burglary or against the nation like spying, treason etc. Kautilya’s Arthashastra which is written around 350 BC, considered to be an authentic administrative treatise in India, discusses the various crimes, security initiatives to be taken by the rulers, possible crimes in a state etc. and also advocates punishment for the list of some stipulated offenses. Different kinds of punishments have been prescribed for 3 4

Zittrain, Jonathan (2003). "Be Careful What You Ask For: Reconciling a Global Internet and Local Law". "Federal Agency Digital and Electronic Signature Regulations". Isaacbowman.com. 2009-03-16.

Page | 5 Cyber crimes and IT offences

listed offenses and the concept of restoration of loss to the victims has also been discussed in it.

Crime in any form adversely affects all the members of society. In developing economies, cybercrime has increased at rapid strides, due to the rapid diffusion of the Internet and the digitization of economic activities. Thanks to the huge penetration of technology in almost all walks of society right from corporate governance and state administration, up to the lowest level of petty shop keepers computerizing their billing system, we find computers and other electronic devices pervading the human life. The penetration is so deep that man cannot spend a day without computers or a mobile. Snatching some one’s mobile will tantamount to dumping one in solitary confinement.

The Internet is the fastest technique on earth that one can find these days and for everything, it is the best solution that people consider looking into. It has all the benefits and advantages like communication, advertisement, online movie and songs downloads, emailing, instant messaging and searching out the concerns and issues there are plenty of things that internet has got wrong as well. There are different kinds of internet scams and frauds that are happening and one needs to be very careful. This is something that has been bothering individuals and organizations ever since the internet was introduced and many a time, simple things could make you a victim even when you are unaware of it.

It is rightly said that technological development in every area is likely to cause drastic effects in every walk of life. The scientific and technological advancement, especially in the field of communication and information have created havoc thus, opening new vistas for the human beings including the criminals. Today’s crime reports reveal that many cyber crimes are committed by assistance of internet and cell phones. On the other hand, legislatures have been compelled to frame exclusive enactments to deal with crimes committed with the help of concerned device.

If one is to believe newspaper reports, many scandals such as C.D. rackets were busted Page | 6 Cyber crimes and IT offences

by the police. It is other side of revolution in the field of information and technology. Under the Information Technology Act, 2000, there is an apparatus defined as “computer” which means: “Any electronic magnetic, optical or other high speed data processing device or system which performs logical arithmetical and memory functions by manipulations of electronic magnetic or optical impulses and all input, output, processing storage, computer software, or communication facilities which are connected and related to the computer in a computer system or computer network”.5

5

Sec. 2, IT Act, 2000.

Page | 7 Cyber crimes and IT offences

NEED FOR CYBER LAWS

Information technology has spread throughout the world. As the user of cyberspace grows increasingly diverse and the range of online interaction expands, there is expansion in the cyber crimes i.e. breach of online contracts, perpetration of online torts and crimes etc. Due to the consequences, there was need to adopt a strict law by the cyberspace authority to regulate criminal activities relating to cyber and to provide better administration of justice to the victim of cybercrime. In the modern cyber technology world it is very much necessary to regulate cyber crimes and most importantly cyber law should be made stricter in the case of cyber terrorism and hackers.

Cyber law, it is a term that encapsulates the legal issues related to use of communicative, transactional, and distributive aspects of networked information devices and technologies. It is less a distinct field of law than property or contract law, as it is a domain covering many areas of law and regulation. IT Law is a set of recent legal enactments, currently in existence in several countries, which governs the process and dissemination of information digitally. These legal enactments cover a broad gamut of different aspects relating to computer software, protection of computer software, access and control of digital information, privacy, security, internet access and usage, and electronic commerce. These laws have been described as “paper laws” for “paperless environment”.

I.

IT legislation in India

Mid 90’s saw an impetus in globalization and computerization, with more and more nations computerizing their governance, and e-commerce seeing an enormous growth. Previously, most of international trade and transactions were done through documents being transmitted through post and by telex only. Evidences and records, until then, were predominantly paper evidences and paper records or other forms of hard-copies only. With much of international trade being done through electronic communication and with Page | 8 Cyber crimes and IT offences

email gaining momentum, an urgent and imminent need was felt for recognizing electronic records i.e. the data what is stored in a computer or an external storage attached thereto. The United Nations Commission on International Trade Law (UNCITRAL)6 adopted the Model Law on e-commerce in 1996. The General Assembly of United Nations passed a resolution in January 1997 inter alia, recommending all States in the UN to give favorable considerations to the said Model Law, which provides for recognition to electronic records and according it the same treatment like a paper communication and record.

II.

Objectives of I.T. legislation in India

It is against this background the Government of India enacted its Information Technology Act 2000 with the objectives as follows, stated in the preface to the Act itself. “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”, which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers’ Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.”

The Information Technology Act, 2000, was thus passed as the Act No.21 of 2000, got President’s assent on 9 June and was made effective from 17 October 2000.

The Act essentially deals with the following issues:

6



Legal Recognition of Electronic Documents



Legal Recognition of Digital Signatures



Offenses and Contraventions

The United Nations Commission on International Trade Law.

Page | 9 Cyber crimes and IT offences



III.

Justice Dispensation Systems for cyber crimes.7

Amendment Act 2008

Being the first legislation in the nation on technology, computers and ecommerce and ecommunication, the Act was the subject of extensive debates, elaborate reviews and detailed criticisms, with one arm of the industry criticizing some sections of the Act to be draconian and other stating it is too diluted and lenient. There were some conspicuous omissions too resulting in the investigators relying more and more on the time-tested (one and half century-old) Indian Penal Code even in technology based cases with the I.T. Act also being referred in the process and the reliance more on IPC rather on the ITA. 8 Thus the need for an amendment – a detailed one – was felt for the I.T. Act almost from the year 2003-04 themselves. Major industry bodies were consulted and advisory groups were formed to go into the perceived lacunae in the I.T. Act and comparing it with similar legislations in other nations and to suggest recommendations. Such recommendations were analyzed and subsequently taken up as a comprehensive Amendment Act and after considerable administrative procedures; the consolidated amendment called the Information Technology Amendment Act 2008 was placed in the Parliament and passed without much debate, towards the end of 2008. This Amendment Act got the President assent on 5 Feb 2009 and was made effective from 27 October 2009.

Some of the notable features of the ITAA are as follows: 

Focusing on data privacy



Focusing on Information Security



Defining cyber café

7

Kumar Vinod, Winning the Battle against cyber Crimes available at http://www.cyberriskinsuranceforum.com/content/are-we-losing-battle-against-cyber-crime. 8 Conference of State IT Ministers and IT Secretaries Cyber Security & Cyber Law 13.2.2018 Ministry of Electronics and IT Government of India, available at. https://digitalindia.gov.in/writereaddata/files/MeitY_Cyber%20Security_13%20Feb_Final.pdf

Page | 10 Cyber crimes and IT offences



Making digital signature technology neutral



Defining reasonable security practices to be followed by corporate



Redefining the role of intermediaries



Recognizing the role of Indian Computer Emergency Response Team



Inclusion of some additional cyber crimes like child pornography and cyber terrorism



Authorizing an Inspector to investigate cyber offences (as against the DSP earlier).9

9

Dewang Mehta, Role of Police in Tackling Cyber Crimes available at http://www.naavi.org/pati/pati_cybercrimes_dec03.html.

Page | 11 Cyber crimes and IT offences

HOW EFFICIENT IS INFORMATION TECHNOLOGY ACT, 2000?

It can’t be disputed that Information Technology Act, 2000 though provides certain kinds of protections but doesn’t cover all the spheres of the I.T where the protection must be provided. Copyright and trade mark violations do occur on the net but Copy Right Act 1976, or Trade Mark Act 1994 are silent on that which specifically deals with the issue. Therefore have no enforcement machinery to ensure the protection of domain names on net. Transmission of e-cash and transactions online are not given protection under Negotiable Instrument Act, 1881. Online privacy is not protected only Section 43 (penalty for damage to computer or computer system) and 72 (Breach of confidentiality or privacy) talks about it in some extent but doesn’t hinder the violations caused in the cyberspace.

Even the Internet Service Providers (ISP) who transmits some third party information without human intervention is not made liable under the Information Technology Act, 2000. One can easily take shelter under the exemption clause, if he proves that it was committed without his knowledge or he exercised due diligence to prevent the offence. Its hard to prove the commission of offence as the terms due diligence and lack of knowledge have not been defined anywhere in the Act. And unfortunately the Act doesn’t mention how the extra territoriality would be enforced. This aspect is completely ignored by the Act, where it had come into existence to look into cyber crime which is on the face of it an international problem with no territorial boundaries.

Page | 12 Cyber crimes and IT offences

CYBER OFFENCES IN LAWS OTHER THAN IT ACT

There are many offences which are still not covered under the IT Act, 2000 even after the Amendment act of 2008 but are still covered under different laws followed in India. The following laws could be divided in three different categories which are as follows:

I.

CONSTITUTIONAL LIABILITY

Hacking into someone’s private property or stealing some one’s intellectual work is a complete violation of his right to privacy. The Indian constitution does not specifically provide the “right to privacy” as one of the fundamental rights guaranteed to the Indian citizens but it is protected under IPC.

Right to privacy is an important natural need of every human being as it creates boundaries around an individual where the other person’s entry is restricted. The right to privacy prohibits interference or intrusion in others private life. The apex court of India has clearly affirmed in its judicial pronouncements that right to privacy is very much a part of the fundamental right guaranteed under article 21 of the Indian constitution10.

Thus right to privacy is coming under the expended ambit of Article 21 of Indian constitution. So whenever there is some cyber crime which is related to the persons private property or its personal stuff then the accused can be charged of violation of Article 21 of Indian constitution, and prescribed remedy can be invoked against the accused.11

10

The Constitution of India, 1950. Dewang Mehta, Role of Police in Tackling Cyber Crimes available at http://www.naavi.org/pati/pati_cybercrimes_dec03.htm. 11

Page | 13 Cyber crimes and IT offences

II.

CRIMINAL LIABILITY

Criminal liability in India for cyber crimes is defined under the Indian Penal Code (IPC).12 Certain Following sections of IPC deal with the various cyber crimes: 

Sending threatening messages by e-mail (Sec .503 IPC)



Word, gesture or act intended to insult the modesty of a woman (Sec.509 IPC)



Sending defamatory messages by e-mail (Sec .499 IPC)



Bogus websites , Cyber Frauds (Sec .420 IPC)



E-mail Spoofing (Sec .463 IPC )



Making a false document (Sec.464 IPC)



Forgery for purpose of cheating (Sec.468 IPC)



Forgery for purpose of harming reputation (Sec.469 IPC)



Web-Jacking (Sec .383 IPC)



E-mail Abuse (Sec .500 IPC)



Punishment for criminal intimidation (Sec.506 IPC)



Criminal intimidation by an anonymous communication (Sec.507 IPC)



Obscenity (Sec. 292 IPC )



Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail (Sec.292A IPC)



Sale, etc., of obscene objects to young person (Sec .293 IPC)



Obscene acts and songs (Sec.294 IPC )



Theft of Computer Hardware (Sec. 378 )



Punishment for theft (Sec.379 )



Other then the IPC some other piece of legislations also imposes criminal liability on the accused and these legislations are:-



Online Sale of Drugs (NDPS Act )



Online Sale of Arms (Arms Act )



Copyright infringement (Sec.51 of copyright act, 1957)



Any person who knowingly infringes or abets the infringement of (Sec.63 of copyright act, 1957)

12

The Indian Penal Code, 1860.

Page | 14 Cyber crimes and IT offences



Enhanced penalty on second and subsequent convictions (Sec.63 A of copyright act, 1957)



Knowing use of infringing copy of computer program to be an offence (Sec.63B of copyright act, 1957)

The applications of these sections are subject to the investigating style of investigating officer and charge sheet filed by the investigating agency and nature of cyber crime.

In India there are number of cases filed under these IPC provisions related to the cyber crime. According to the report of Home Ministry, in 2012 there are 601 cases filed under the various provisions of IPC.13

III.

TORTIOUS LIABILITY

Basic liability in cyber crime is established through the principle of neighborhood established from the case of Donoghue v. Stevenson14. But the major tortuous liability in cyber crimes is through Information Technology Act, 2000 (as amended).

In India the Information Technology Act 2000 was passed to provide legal recognition for transactions carried out by means of electronic communication. The Act deals with the law relating to Digital Contracts, Digital Property, and Digital Rights Any violation of these laws constitutes a crime. The Act prescribes very high punishments for such crimes. The Information Technology (amendment) Act, 2008(Act 10 of 2009), has further enhanced the punishments. Life imprisonment and fine upto rupees ten lakhs may be given for certain classes of cyber crimes. Compensation up to rupees five crores can be given to affected persons if damage is done to the computer, computer system or computer network by the introduction of virus, denial of services etc.

13

NCRB, Report on cyber crimes in India-2016, Ministry of Home Affairs, Available at: http://ncrb.gov.in/StatPublications/CII/CII2016/pdfs/NEWPDFs/Crime%20in%20India%20%202016%20Complete%20PDF%20291117.pdf. 14 Donoghue v Stevenson [1932] UKHL 100.

Page | 15 Cyber crimes and IT offences

The following sections are dealing with the cyber crimes: 

Penalty and Compensation for damage to computer, computer system, etc (sec. 43 IT act)



Compensation for failure to protect data (sec. 43A IT Act)



Tampering with computer source Documents (sec. 65 IT Act)



Hacking with computer systems, Data Alteration (sec. 66 IT Act)



Sending offensive messages through communication service, etc (sec. 66A IT Act)



Dishonestly receiving stolen computer resource or communication device (sec. 66B IT Act)



Identity theft (sec. 66C IT Act)



Cheating by personating by using computer resource (sec. 66D IT Act)



Violation of privacy (sec. 66E IT Act)



Cyber terrorism (sec. 66F Act)



Publishing or transmitting obscene material in electronic form (sec. 67 IT Act)



Publishing or transmitting of material containing sexually explicit act, etc. in electronic form (sec. 67A IT Act)



Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form (sec. 67B IT Act)



Preservation and Retention of information by intermediaries (sec.67C IT Act)



Powers to issue directions for interception or monitoring or decryption of any information through any computer resource (sec. 69 IT Act)



Power to issue directions for blocking for public access of any information through any computer resource (sec. 69A IT Act)



Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security (sec. 69B IT Act)



Un-authorized access to protected system (sec. 70 IT Act)



Penalty for misrepresentation (sec. 71 IT Act)



Breach of confidentiality and privacy (sec. 72 IT Act)



Publishing False digital signature certificates (sec. 73 IT Act)



Publication for fraudulent purpose (sec. 74 IT Act) Page | 16 Cyber crimes and IT offences



Act to apply for offence or contraventions committed outside India (sec. 75 IT Act)



Compensation, penalties or confiscation not to interfere with other punishment



(sec. 77 IT Act)



Compounding of Offences (sec.77A IT Act)



Offences with three years imprisonment to be cognizable (sec. 77B IT Act)



Exemption from liability of intermediary in certain cases (sec. 79 IT Act)



Punishment for abetment of offences (sec. 84B IT Act)



Punishment for attempt to commit offences (sec. 84C IT Act)



Offences by Companies (sec. 85 IT Act)

The applications of these sections are subject to the investigating style of investigating officer and charge sheet filed by the investigating agency and nature of cyber crime. In India there are number of cases filed under these IT provisions related to the cyber crime. According to the report of Home ministry of India, In 2012 there are 2876 cases filed under the various provisions of IT act.

Page | 17 Cyber crimes and IT offences

LAWS GOVERNING IDENTITY THEFTS IN INDIA

The crime of identity theft consists of two steps: 

Wrongful collection of personal identity of an individual



Wrongful use of such information with an intention of causing legal harm to that person information

An identity theft involves both theft and fraud, therefore the provisions with regard to forgery as provided under the Indian Penal Code, 1860 (IPC) is often invoked along with the Information Technology Act, 2000. Some of the Sections of IPC such as forgery (Section 464), making false documents (Section 465), forgery for purpose of cheating (Section 468), reputation (Section 469), using as genuine a forged document (Section 471) and possession of a document known to be forged and intending to use it as genuine (Section 474) can be coupled with those in the IT Act.15

The Information Technology Act, 2000 (IT Act) is the main act which deals with the legislation in India governing cybercrimes. Some of the Sections dealing with Cyber Theft are: 

Section 43 If any person without permission of the owner damages to computer, computer system, etc. he/she shall be liable to pay compensation to the person so affected.



Section 66 If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.



Section 66B Punishment for dishonestly receiving stolen computer resource or

SS Rana and Associates, “Cyber Theft – A Serious Concern In India, SS Rana and Associates”, available at. http://www.mondaq.com/india/x/785836/White+Collar+Crime+Fraud/Cyber+Theft+A+Serious+Concern+ In+India 15

Page | 18 Cyber crimes and IT offences

communication device is Imprisonment for a term which may extend to three years or with fine which may extend to rupees one lakh or with both. 

Section 66C provides for punishment for Identity theft as: Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh.



Section 66 D on the other hand was inserted to punish cheating by impersonation using computer resources.

With the increase in the number of frauds and cyber related crime, the government is coming up with refined regulations to protect the interest of the people and safeguard against any mishappenning on the internet. Further, stronger laws have been formulated with respect to protection of "sensitive personal data" in the hands of the intermediaries and service providers (body corporate) thereby ensuring data protection and privacy.

Page | 19 Cyber crimes and IT offences

CONCLUSION AND SUGGESTIONS

Digital space or Cyberspace is the driving force for the world today. From ordering a cab to ordering food to booking tickets for travel to shopping, everything can happen with just tapping a finger. The magic that made this happen was the advent of Internet and technology.

However, as they say every coin has two sides. Cybercrime is the bad boy of the digital world. Cybercrime, also known as computer crime, is directed towards the use of computer as an instrument to fulfill illegal means such as intellectual property violation, committing fraud, child pornography, committing fraud, stealing identities, violating privacy, etc.

Cyber security is one of the biggest challenges for the world today. Majority of big crimes today like counterfeiting, terrorism, piracy, privacy etc. are somewhere connected to the cyberspace in one way or the other. India also is very vulnerable and exposed to the cyber-attacks in recent times. The reason behind this are the inherent vulnerabilities that are difficult to be removed, innumerable entry points on the internet, misdirected attribution to the third parties and the fact that attack technology which is consistently outpacing the defence technology.

Need for National Cyber Crime Coordination Centre

Over the years, cyber threats as well as incidents of cyber crimes have grown exponentially. With a wanton disregard to borders, both physical and virtual, sophisticated criminals are exploiting the speed, convenience and anonymity of the Internet to execute a range of criminal activities that cause serious harm in India and elsewhere. The 2014 National Crime Records Bureau (NCRB) Statistics Report registered a total of 9,322 cyber crime related incidents in 29 States and 300 such cases in seven Union Page | 20 Cyber crimes and IT offences

Territories (UTs). These figures mark a 69.2 surge in States and 62.2 percent increase in seven UTs from the previous year. The bulk of cases have been registered under the Information Technology Act, Indian Penal Code (IPC) and Special & Local Laws (SLL) Cognizable Crimes. The cases have been registered under IPC sections 419, 420 and 509 for ‘financial gain' and 'insult to modesty of women' respectively. The advent of Digital India and Smart City initiatives have brought about a paradigm shift in terms of connectivity, services and threats for both urban and rural eco-systems. While greater connectivity promises wider deliverables, it also paves the way for the emergence of new vulnerabilities. Indeed, smart cities need smarter policing, and better information sharing across states and with the central government. This challenge raises three related questions. First, how should the Indian Police Service prepare to address these cyber-related threats? How can policy formulation keep pace with a changing environment? Finally, how can we improve intra-state coordination on cyber issues?

Cyber crime in India On May 20, 2016, the Indian Police Foundation, in collaboration with Observer Research Foundation (ORF) and Federation of Indian Chambers of Commerce & Industry (FICCI), organised a seminar on ‘Cyber Crime — strategic vision and an action plan for mitigation of threats from the cyber world’. The seminar comprised a host of dignitaries and experts from industry, government, think tanks, and civil society organisations. The discussion focused on the entire gamut of cyber issues (viz. cyber security, cyber threats, cyber terrorism, cyber law, and primarily cyber crime), while also addressing the specific challenges to the Indian Police Service.16

Overall, India does not possess adequate institutional mechanisms as well as a coherent strategy to deal with cyber crime. This is evident from the fact that out of the 29 States and seven UTs, only 19 States and two UTs possess cyber crime cells. However, it is hoped that this conference would have raised greater awareness and spurred urgent action to remedy the cyber gaps at the state and national level. 16

Observer Research Foundation, Policing cyber crimes: Need for National Cyber Crime Coordination Centre, June 17 2016, available at. https://www.orfonline.org/expert-speak/policing-cyber-crimes-need-fornational-cyber-crime-coordination-centre/.

Page | 21 Cyber crimes and IT offences

REFERENCES

Books Referred  Vakul Sharma, Information Technology – Law and Practice, 5th Ed., Universal Law Publication, 2017  K.D. Gaur, Criminal Law–Cases And Materials, Delhi, 7th Ed., Lexis Nexis, 2015.  PSA Pillai, Criminal Law, Gurgoan, 13th Ed., Lexis Nexis, 2017.  Ratanlal & Dhirajlal, The Indian Penal Code, Delhi, 33rd Ed., Lexis Nexis, 2017. Research Papers Referred  Computer Law: Drafting and Negotiating Forms and Agreements, by Richard Raysman and Peter Brown. Law Journal Press, 1999–2008. ISBN 978-1-58852024-1.  Zittrain, Jonathan (2003). "Be Careful What You Ask For: Reconciling a Global Internet and Local Law".  "Federal Agency Digital and Electronic Signature Regulations". Isaacbowman.com. 2009-03-16.  Kumar Vinod, Winning the Battle against cyber Crimes available at http://www.cyberriskinsuranceforum.com/content/are-we-losing-battle-againstcyber-crime  Conference of State IT Ministers and IT Secretaries Cyber Security & Cyber Law 13.2.2018 Ministry of Electronics and IT Government of India, available at. https://digitalindia.gov.in/writereaddata/files/MeitY_Cyber%20Security_13%20F eb_Final.pdf  Dewang Mehta, Role of Police in Tackling Cyber Crimes available at http://www.naavi.org/pati/pati_cybercrimes_dec03.html

Page | 22 Cyber crimes and IT offences

 Dewang Mehta, Role of Police in Tackling Cyber Crimes available at http://www.naavi.org/pati/pati_cybercrimes_dec03.htm  SS Rana and Associates, “Cyber Theft – A Serious Concern In India, SS Rana and Associates”, available at. http://www.mondaq.com/india/x/785836/White+Collar+Crime+Fraud/Cyber+The ft+A+Serious+Concern+In+India  Observer Research Foundation, Policing cyber crimes: Need for National Cyber Crime Coordination Centre, June 17 2016, available at. https://www.orfonline.org/expert-speak/policing-cyber-crimes-need-for-nationalcyber-crime-coordination-centre/. Statues Referred

 Constitution of India - 1950  The Indian Penal Code – 1860  The Information Technology Act, 2000.

Databases Referred

 INDIANKANOON  MANUPATRA  SCC ONLINE

Page | 23 Cyber crimes and IT offences