Constitutional laws in India

Cyber-Crime Hardships To Curb It

Written By: Parthsarathy Pati
Cyber Law in India
Legal Service

  • Cyber Crime

    Crime is an act or omission, which is prohibited by the law particularly criminal. Cyber-Crime is the latest and perhaps the most specialized and dynamic field in cyber-laws.

    One of the greatest lacunae of this field is the absence of a set of comprehensive law anywhere in the world. Further the growth ratio of internet and cyber law is not proportional Too.

    The era of nuclear warfare conceived the idea of a system which could even survive the devastation of nuclear weapons." A post-apocalypse command grid" was the original idea for Internet -'Bruce Sterling' has stated. The idea of 'internet' was conceived in the early 60's while a code for its regulation was mooted in late 90's . This clearly brings about the reason for the complication of cyber-crime. Cyber-Crime may be said to be an act which violate net esthetics.

    India has enacted the first I.T.Act,2000 based on the UNCIRAL model recommended by the general assembly of the united nations by a resolution dated 30th.jan.1997.The preamble to this Act gives a very clean picture in this regard.

    Chapter XI of this Act deals with offences/crimes along with certain other provisions scattered in this Acts .The various offences which are provided under this chapter are -Tampering with Computer source documents:
    • S.65; Hackingwith Computer systems
    • S.67; Access to protected system
    • S.70; Misrepresentation
    • S.71; Breach of Confidentiality and Privacy
    • S.72; Fraud
    • S.74; Further Chapter IX u/p of S.43 restricts the damage to Computer, computer system, etc

    Commission of Cyber-Crime may be broadly dividedagainst three basic groups:

    1. Individual
      1. person &
      2. property of an individual
    2. Organization
      1. Government
      2. Firm, Company, Group of Individuals
    3. Society at large

    The following are the crimes, which can be committed against the followings group
    Against Individuals:

    1. Harassment via e-mails.
    2. Cyber-stalking.
    3. Dissemination of obscene material.
    4. Defamation.
    5. Hacking/cracking.
    6. Indecent exposure.

    Individual Property:

    1. Computer vandalism.
    2. Transmitting virus.
    3. Netrespass.
    4. Unauthorized control over computer system.
    5. Hacking /cracking.

    Against Organization:

    1. Hacking & Cracking.
    2. Possession of unauthorized information.
    3. Cyber terrorism against the government organization.
    4. Distribution of pirated software etc.

    Against Society at large.

    1. Pornography (basically child pornography).
    2. Polluting the youth through indecent exposure.
    3. Trafficking.

    The elementary problems, which are associated with Cyber-Crimes, are: -

    1. Jurisdiction is the highly debatable issue as to the maintainability of any suits which has been filed.
      Today with the growing arms of cyberspace the growing arms of cyberspace the territorial boundaries seems to vanish thus the concept of territorial jurisdiction as envisaged under S.16 of C.P.C. and S.2.of the I.P.C.will have to give way to alternative method of dispute resolution.
    2. Loss of evidence is a vary common & expected problem as all the data are routinely destroyed. Further collection of data outside the territorial extent also paralyzes this system of crime investigation.
    3. Cyber Army- There is also an imperative need to built a high technology crime& investigation infrastructure, with highly technical staff at the other end.
    4. A law regulating the cyber-space, which India has done.
    5. Though S.75 provides for extra-territorial operations of this law, but they could meaningful only when backed with provision recognizing orders and warrants for Information issued by competent authorities outside their jurisdiction and measure for cooperation for exchange of material and evidence of computer crimes between law enforcement agencies.
    6. Use of incepted massages, virtually private networks etc. also create a big problem to trace the activities of cyber criminals.
    7. Cyber savvy judges are the need of the day. Judiciary play a vital role in shaping the enactment according to the order of the day. One such stage, which needs appreciation is the P.I.L. which the Kerala high Court has accepted through an email.
    8. The procedural obligation which have to be fulfilled such as letter strogatery U/s 166A & 166B of the Cr.P.C. and bar in case of crimes committed outside India. (i.e. prior approval of the central government.).

    Perfect is a relative term. Nothing in this world is perfect. The persons who legislate the laws & by-laws also are neither perfect. The laws there foreseen acted by them nor can be perfect. This law has emerged from the womb of globalization. It is at the threshold of development. In due course of exposure through varied & complicated issues it will grow to be a piece of its time legislation.

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