Project

“CYBER CRIME AGAINST INDIVIDUALS”

Submitted by A.MANORANJAN Reg. No. BC0150014

Under the Guidance of Mrs. PREETHAM BALAKRISHNAN Assistant Professor

TAMIL NADU NATIONAL LAW SCHOOL (A State University established by Act No. 9 of 2012) Tiruchirappalli Tamil Nadu – 620 009 MAY-2019

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SYNOPSIS Research Objective To critically analyze the concept of cyber-crimes.  To understand the types of cyber-crimes.  To know in detail about cybercrimes against individuals. Research Questions What are all the different types of cyber-crimes?  What are all the different forms of cyber-crimes against individuals?  What are the punishments given for persons who commit cyber-crimes? Research MethodologyThe research methodology adopted is purely doctrinal in nature. The research is a critical analysis on the concept of cyber-crimes and the types of cyber-crimes. This project is mainly about the cyber-crimes against the individuals with their legal provisions and case laws.

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CYBER CRIME AGAINST INDIVIDUALS Introduction: In this era of modern world, there are lot of crimes and laws are their but I choose Cyber Crime and Cyber law because everybody using computers. The new millennium of computer world, it is involved every aspect of our lives. From the white collar criminals to terrorist organization, Teenagers to adult and most important thing is monetary transactions are moving on the internet. So Cybercrime is an evil having its origin in the growing dependence on computers in modern life. Cyber-Crime is the latest and perhaps the most specialized and dynamic field in cyber-laws. So we need to know what cybercrime is and how cyber law helps us to protect, what are the changes that need to be done in cyber law to make it more efficient. My project topic is going to be about cybercrimes against individuals.

Cyber Crime: cybercrimes, "acts that are punishable by the Information Technology Act" Which is not covered under Indian Penal Code, cybercrimes, such as email spoofing and cyber defamation, sending threatening emails, pornography etc, Powerful definition of cybercrime is "unlawful acts where in the computer is either a tool or a target or incidental or both". Computer Crime, E-Crime, Hi-Tech Crime or Electronic Crime is where a computer is the target of a crime or is the means adopted to commit a crime. Most of these crimes are not new. Criminals simply invent different ways to undertake standard criminal activities such as fraud, theft, blackmail, forgery, and cheating using the new medium, often involving the Internet.1 Cyber Ethics: Cyber ethics is separate from cyber law. Laws are formal written directives that apply to everyone, interpreted by the judicial system, and enforced by the police. Ethics is a broad philosophical concept that goes beyond simple right and wrong, and looks towards "the good life". Ethics and morality in different circumstances may be varied. Each and everything

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www.criminal.findlaw.com/criminal-charges/cyber-crimes.com

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which is opposed to public policy, against public welfare and which may disturb public tranquility may be termed to be immoral and unethical. In the past terms such as imperialism, colonialism, which were burning issues have given way to cybercrime, hacking, 'cyberethics’. Today in the present era there is a need to evolve a 'cyber jurisprudence' based on which 'cyber ethics' can be evaluated.

CYBER CRIMES AND GENERAL PRINCIPLES: . According to Donn Parker, “For the first time in human history, computers and automated processes make it possible to possess, not just commit, a crime. Today, criminals can pass a complete crime in software from one to another, each improving or adapting her or his needs.”2 The first recorded cyber-crime took place in the year 1820. Cyber-crime is an evil having its origin in the growing dependence on computers in modern life. In a day and age when everything from machinery life to nuclear power plants is being run on computers, cyber-crime has assumed rather threatening implications. Cyber-crimes are really violations of longstanding criminal law, perpetrated through the use of computers or information networks. The problems of crime using computers will rarely require the creation of new substantive criminal law. The serious problems posed by attacks against computers and information systems, such as cruel hacking, spreading of viruses, and denial of service attacks. Such attacks should be effectively prohibited. Types of Cyber Crimes:3 Following are the crimes can be committed against following groups: 1. Crime against individuals:a. Harassment through E mails.

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www.legalserviceindia.com/article/l262-Cyber-Crimes-and-General-Principles.

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www.thewindowsclub.com/types-cybercrime

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b. Cyber – Stalking. c. Broadcasting of obscene material. d. Hacking. e. Defamation. 2. Crime against Individual Property:a. Computer damage. b. Hacking or Cracking. c. Unauthorized control over computer system. d. Transmitting of virus. 3. Crime against organization (Government, firm company, Group of individuals):a. Hacking and cracking. b. Possession of unauthorized information. c. Cyber terrorism against the government organization. d. Distribution of pirated software & patent etc., 4. Crime against society at large: a. Pornography (especially child pornography). b. Polluting youth through incident exposure.

CYBER CRIME AGAINST INDIVIDUALS: a. Harassment through e-mails. b. Cyber – Stalking. c. Broadcasting of obscene material. d. Defamation. e. Hacking

 HARASSMENT THROUGH E-MAILS: Harassment through emails is not a new concept. It is similar to harassing through letters. Harassment includes blackmailing, threatening, discrimination, and even cheating through email. Email harassments are similar to the letter harassment but creates problem quite often 5

when posted from fake ids. Email harassment is new to the harassment field. With the advent of the Internet, harassment has taken yet another form. There is no actual definition for harassment in IT Act, 2008. It can be defined in the following,4 Definition A working definition of email harassment might be, “electronic communication via the Internet, intended to belittle, intimidate, abuse, or threaten another.” The email harassment might encompass one or multiple categories of legally protected categories, such as sexual harassment, racial, religious, age, or disability harassment. The type of harassment isn’t the crux but the mode of harassment-sending harassing messages via email. According to IT Act, 2008 section 66 deals with computer related offences. According to section 66A any person who sends any information that is grossly offensive or has menacing character. i.e., any person who harass through mails is punished under section 66A of IT Act, 2008. Punishments: The person is punishable with imprisonment for a term which may extend to two to three years and with fine which may extend to 1Lakh rupees. Case laws: A.SHANKAR VS STATE REP.(2010)…………………..section 66 The petitioner had secured access unauthorisedly to the protected system of the legal advisor.

SHREYA SINGHAL V UOI (2015)……………………….section 66A Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2). Section 69A and the

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www.ethicsunwrapped.utexas.edu/case-study/cyber-harassment

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Information Technology (Procedure & Safeguards for Blocking for Access of Information by Public) Rules 2009 are constitutionally valid. Further, Section 79 is valid subject to Section 79(3)(b) being read down and so on.  CYBER STALKING: As there is advancement in technology, crime has also increased due to it. Technology and crime go hand in hand. Technology played an important role in the several bomb blasts which occurred worldwide. One of the important medium was computers in all these killings. Computers have been proved versatile. It helps from communication to spreading heinous viruses all over. The later part and more to it is spreading a lot nowadays. Computer crimes or say cyber crimes have increased a lot today. Various categories are explored under it,5 out of which one of them is cyber stalking. Stalking happens every day in the real world but when it comes to virtual world stalking has increased at a double rate because stalkers can easily target victims being anonymous via internet. It is safe in comparison to stalking in real world. The word stalking was not commonly known until various instances happened. The legal definition of stalking varies from country to country. Various definitions are available in several books, out of which it can be stated that the common elements are; 

Repeated and unwanted behaviours whereby one individual attempts to contact another individual, and

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The behaviour causes the victim to feel threatened or harassed.

Stalking has become a problem to women and children on a larger part in comparison to men. Women are threatened, vandalized, assaulted when it comes to real world but the same things happen when cyber stalking takes place. Obscenity also adds up with the, threatens and harassment. No doubt men also become the prey of the same but its lower when it comes to females. Children also undergo the same trauma by adult predators and pedophiles. The victim is normally a person who is less thorough regarding internet services and its applications. The stalker is generally a person who is a paranoid with no self-esteem. But the traits differ from one stalker to another. Some harass to seek revenge or some do so for their own pleasure. While some just to do it for playing a mischief.

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www.ipredator.co/cyberstalking-facts/

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Cyber stalking is potentially just as dangerous to the victim as a live stalker would be the front door. The core areas where the stalking takes place are; 1. live chat rooms/flaming, 2. e-mail, 3. discussion forums and; 4. Message boards. Talking about chat rooms, here the stalker harasses by way electronically sabotaging the victim. While in case on forums and message boards, the stalker does by posting obscene junk under the name, contact number and address of the victim thereby threatening the victim. Similar is the case when it comes to e-mail. Instead stalking on e-mails has increased at a greater pace. The prowler sends bullying mails, obscene pictures, spamming etc. Legal provisions: Discussing about the legal regime in India, then there were no provisions regarding cyber stalking until 2008. The Information Technology Act, 2000 did not contain any provisions regarding this heinous crime but the amended Act in 2008 made it possible by recognising cyber stalking via Section 66A. Section 66A of the Information Technology Act, 2008 (ITAA 2008) states, “Punishment for sending offensive messages through communication service, etc: Any person who sends, by means of a computer resource or a communication device,(a) any information that is grossly offensive or has menacing character; or b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device, (c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to three years and with fine.

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Case laws: SHREYA SINGHAL V UOI (2015)……………………….section 66A Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2). Section 69A and the Information Technology (Procedure & Safeguards for Blocking for Access of Information by Public) Rules 2009 are constitutionally valid. Further, Section 79 is valid subject to Section 79(3)(b) being read down and so on.

 BROADCASTING OF OBSCENE MATERIAL: In law, obscene material is seen promoting a violation of the law and the general corruption of morals. The exhibition of an obscene picture is an indictable offense at common law, although not chargeable if it has been exhibited in public and it was asserted that the picture was exhibited for purchase.6 For something to be "obscene," it must be shown that the average person, applying contemporary community standards and viewing the material as a whole, would find the following: 1. That the work appeals predominantly to encourage prurient interest. 2. That it depicts or describes sexual conduct in a patently offensive way. 3. That it lacks serious literary, artistic, political or scientific value. Prurient interest is an appeal to a morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex. Legal provisions and Punishments: Under IT Act, 2008 punishments for publishing or transmitting obscene material via computers or internet.

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www.upcounsel.com/legal-def-obscene-obscenity

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Punishments for broadcasting obscene materials are given under section.67 and section 67A According to the section 67 Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees. Under section 67A Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees. Case laws: AVNISH BAJAJ VS STATE (2005) also known as BAZEE.COM CEO of E-Commerce Portal was arrested and given bail later under Section 67 of IT Act on account of an obscene video uploaded on Bazee.com for sale. He proved Due Diligence but in 2005, Information Technology Act did not have any provisions related to ‘Intermediary’ SHARAT BABU DIGUMARTI VS STATE, BAZEE CASE APPEAL Petitioner was working as Senior Manager, Trust and Safety, BIPL on the day when DPS MMS was put up for sale on Bazee.com. That is, the office responsible for the safety of the Portal, taking action on suspect lists when reported by our users, and block the user or close items listed accordingly. It was held that there is prima-facie sufficient material showing petitioners involvement to proceed against him for the commission of offence punishable under Section 292 IPC. Though he was already discharged of offences only under Section 67 read with Section 85 of IT Act and Section 294 IPC.

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DR. L. PRAKASH VS STATE OF TAMILNADU Petitioner was arrested by the Inspector of Police, R8 Vadapalani Police Station, Chennai for various offences, particularly Section 67 of the Information Technology Act, 2000, Section 4 read with Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986 and Section 120-B of the Indian Penal Code .  CYBER DEFAMATION: With the invention of the internet the life of a common has changed a lot. The internet has provided a medium to interact with the people worldwide. It has brought the world closer to every man who has access to it. It has proved to be repository of the enormous information which a common man could not access easily.7 It has also given new dimensions to business and trade. Social networking, entertainment, shopping, job hunt, recruitment, you name anything and its possible via the medium of internet. The widespread use of internet has also given a new face to the crime and a new medium to the bad elements to commit crime. Cyberspace is a technical term used for the electronic medium of computer networks, in which online communication takes place. It comes alive only when two or more computers are networked together. The term has a very wide meaning and is not only restricted to the internet but also includes computers, computer networks, the internet, data, software etc. The crimes that are committed by using the computer as an instrument, or a target or a mean for perpetuating further crimes falls within the definition of cyber crime. Cyber law is the law that governs the crimes committed within the cyberspace. Cyber Defamation is also a cyber crime.

Definition:

The term defamation is used to define the injury that is caused to the reputation of a person in the eyes of a third person. The injury can be done by words oral or written, or by signs or by visible representations. The intention of the person making the defamatory statement must be to lower the reputation of the person against whom the statement has been made in the eyes of the general public. Cyber defamation is a new concept but the traditional 7

www.wpdlegal.com/who-said-what-cyber-defamation-how-to-respond/

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definition of the term defamation is application to the cyber defamation as it involves defamation of a person through a new and a virtual medium.

Cyber defamation is publishing of defamatory material against another person with the help of computers or internet. If someone publishes some defamatory statement about some other person on a website or send emails containing defamatory material to other persons with the intention to defame the other person about whom the statement has been made would amount to cyber defamation. The harm caused to a person by publishing a defamatory statement about him on a website is widespread and irreparable as the information is available to the entire world. Cyber defamation affects the welfare of the community as a whole and not merely of the individual victim. It also has its impact on the economy of a country depending upon the information published and the victim against whom the information has been published.

There are two broad category of case falling under cyber defamation:

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The first category involves the cases in which the liability is of the primary publishers of the defamatory material, e.g. web site content providers, e-mail authors etc;

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The second category involves the cases involving the liability of the internet service providers or bulletin board operators.

Legal provisions and punishments: According to IT Act, 2008 Section 66A of IT Act says that Any person who sends, by means of a computer resource or a communication device,a) Any information that is grossly offensive or has menacing character; or b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

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c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to two three years and with fine. Where to lodge a complaint: A person aggrieved of the offence of offence of cyber defamation can make a complaint to the Cyber Crime Investigation Cell. The Cyber Crime Investigation Cell is a branch of the Criminal Investigation Department (CID). Cyber Crime Investigation Cells have opened up in many cities like Delhi, Mumbai, Chandigarh, Hyderabad, Bangalore, Tamil-Nadu, Gurgaon, Pune, Madhya-Pradesh, Lucknow, etc. The Cyber Crime investigation Cells deal with offences related to the computer, computer network, computer resource, computer systems, computer devices and Internet. It also has power to look into other high-tech crimes.8 Case laws: SHREYA SINGHAL V UOI (2015)……………………….section 66A Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2). Section 69A and the Information Technology (Procedure & Safeguards for Blocking for Access of Information by Public) Rules 2009 are constitutionally valid. Further, Section 79 is valid subject to Section 79(3)(b) being read down and so on.

CONCLUSION: When there is a crime, then there will be a law to protect, like that the Information Technology act 2000 was enacted when the country was facing the problem of growing cybercrimes. This is the world computer. Computers stores huge amount of data in small space and it is easy to access. One of the key elements that keep most members of society honest is fear of being caught the deterrence factor. It offers the criminal an opportunity of attacking his victims from the remoteness of a different continent and the result of the crime are not immediately visible.

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www.minclaw.com/defamation-of-character-what-is-online-defamation/

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So we need to come forward and take some precautions to escape from the criminals even though law & government protect as in order to prevent cybercrime it is important to educate everyone and practice safe computing.

BIBLIOGRAPHY: 

www.criminal.findlaw.com/criminal-charges/cyber-crimes.com

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www.legalserviceindia.com/article/l262-Cyber-Crimes-and-General-Principles.

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www.thewindowsclub.com/types-cybercrime

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www.ipredator.co/cyberstalking-facts/

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www.upcounsel.com/legal-def-obscene-obscenity

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www.wpdlegal.com/who-said-what-cyber-defamation-how-to-respond/

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www.minclaw.com/defamation-of-character-what-is-online-defamation/

CASE LAWS: o A.SHANKAR VS STATE REP. (2010) o SHREYA SINGHAL V UOI (2015) o AVNISH BAJAJ VS STATE (2005) o SHARAT BABU DIGUMARTI VS STATE o DR.L.PRAKASH VS STATE OF TAMILNADU (2002)

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