Consequent to the advancement of information technology and computer network, a variety of legal issues related to the use and misuse of the Internet as digital processing devices such as piracy, Intellectual Property Rights violations, pornography, commercial and banking frauds, etc. have emerged which need to be tackled through the instrumentality of the law.
“There are Cyber threats out there, this is often a minacious world, and we have to be safe, we have to be secure no matter the cost”. – Edward Snowden
What is Cyber crime?
The term Cybercrime is nowhere defined, this concept is varied because the crime which is going to commit by using any means of communication or the internet can be termed as a Cybercrime. To understand the concept of Cybercrime, it is necessary to see the concept of crime, which is, attached to the computer and internet.
Cybercrime isn’t radically different from the concept of conventional crime. Now violence has taken new forms as it is changing because of technology. Incidences of online violations in India are quite high and these are believed to be on the increase. Cybercrime is an unlawful act wherein a computer is used either as a tool or a target or both.
Any offenses committed against people or groups of people to harm the reputation or cause physical or mental trauma through electronic means can be defined as Cybercrime.
Being digital is boon or bane?
Digital India is the upshot of the many innovations and technological advancements. More than half population are not in habit of using computers, the internet and other devices which are most ordinarily used are social media sites (Facebook), chat rooms, skype, WhatsApp, Dating sites, etc.
On one side of the coin, digitalization has enhanced the system of India altogether terms like the economy, education, governance, etc., but at the second it has gradually paved the way for a new variety of computer-related crimes also in India.
India stepped toward digitalization which brought technological power to achieve the progress and prosperity of human society. People explore using the internet and make life easy and cozy. From online shopping to net banking, from e-ticketing to e-tax filing, it has made the life of people easy.
Ironically, on the one side, the digital platform is serving as boon, but on the other side, it has made life of people insecure due to rising cybercrime in the virtual world. Cybercrime has emerged as a serious challenge for the enforcement agencies within the country.
Offenders are gradually squandering Cyber platforms to harass and abuse women and youngsters for voyeuristic pleasures in India.
Motive behind Cybercrime
The motivation involved in Cybercrime depends on the criminal’s intent and need. The common motives behind Cybercrime are Monetary Profit -Like many offline crimes.
Cybercrime is also motivated by the desire for financial gain, Political motive, sexual Impulse, entertainment, and emotional motivators.
Certain Types of Cyber offences
There are certain types of Cybercrime committed which some have sensitive effects on the image and security of human beings.
Some of these cybercrimes include:
- Cyber theft
- Cyber fraud
- Cyber cheating
- ATM fraud
- Cyber stalking
- Cyber bullying
- Cyber pornography
- Cyber defamation
- Online shopping fraud
- Online job fraud
The attacker or criminals can also destroy any kind of digital information by infecting the software by sending viruses, Trojan horses, logic bombs, etc. These infections can delete the information, add to it or modify it or lock it, thereby attacking the operating system. However, electronic records can be considered as physical evidence which can be collected, seized and analyzed using special tools and forensic methods.
In India, Computer crimes are dealt under the Indian Penal Code, 1860, and the Information Technology Act, 2000. An offender of cybercrimes can be charged under both these Acts, for that both these Acts are to be read in substitution and not in separation. A involve modernization of the preventive, conventional found out and equipped police personnel with knowledge and skills is for prevention and control of cyber-crime.