Cybercrime is a crime that is committed online. In essence, it is an offence
to use a computer or the internet with the intention of libellous behaviour
against a person or group of people or to hurt them mentally or physically via a
social media platform.
Hacking, child pornography, forgeries, cyberbullying, cyberstalking, denial of
service, spam, cyberterrorism, phishing, software piracy, malware, defamation,
spyware, hoaxes, online gambling, identity theft, and other forms of cybercrime
are just a few examples.
Causes of cybercrime:
- Simple access:
The problem with protecting a computer system from unauthorised access is
that due to the complexity of technology, there are numerous ways for a
breach to occur. Hackers can steal access codes, retina images, advanced
voice recorders, and other devices that can easily fool biometric systems
and circumvent firewalls, allowing them to circumvent many security systems.
Because most people do not like to use strong passwords on their computers,
it is easy to hack them.
Cyber laws in India:
There are certain laws, acts, and rules in India to prevent cybercrime.
cyber laws are:
- The IT Act of 2000
- IPC, 1860
- Information Technology (Certifying Authorities) Rules, 2000
- Information Technology (Security Procedure) Rules, 2004
- Information Technology (Certifying Authority) Regulations, 2001
Cyber law in foreign countries:
Cyber law in USA:
CFFA (Computer Fraud and Abuse Act). The Computer Fraud and Abuse Act (CFAA) was
approved as an amendment to the first federal computer fraud law to address
cyberattacks in 1986. It has been amended several times over the years, most
recently in 2008, to cover a wide range of conduct far beyond its original
intent. The CFAA explicitly prohibits intentionally accessing a computer without
authorization or in excess of authorization, but it does not define "without
It has become a tool ripe for abuse, with harsh penalty schemes and malleable
provisions, and is used against nearly every aspect of computer activity.
Because of the rise in popularity of digital platforms since the dawn of this
new digital era, data breaches have taken on a new dimension.
Between 2005 and 2015, data breaches exposed over 500 million US records. In
2016, there were 1093 data breaches in the United States, resulting in the loss
of 36 million records. Data exchanges between businesses and the government may
take place in an acceptable manner. When it was first introduced in July 2014,
the bill had already passed the Senate and had been signed into law. President
Barack Obama signed the Cybersecurity Enhancement Act into law on December 18,
Cyberlaw in Germany:
Germany has a well-established tradition of data privacy and personal freedom.
German data protection laws are strict, and government rights to monitor people
in cyberspace are strictly limited. In Germany, several acts govern cyber
security. Section 202a and 303a of the Strafgesetzbuch which is German penal
code to protect data and communication from misuse, hacking, and sabotage.
Section 303b of the same Code directs punitive action against computer sabotage.
The German IT Security Act of 2015 is the main legal act governing cyber
security. The act requires critical infrastructure operators to maintain a
minimum level of IT security and to report any IT security incidents to the
Federal Office for Information Security, Germany's national cyber security
Moreover, every company in Germany that processes personal data is subject to
the regulation of either the federal or one of the 16 local data protection
authorities. Germany enacted the Federal Data Protection Act in 2017. The Act,
which came into effect on May 25, 2018, implements the European General Data
Protection Regulation (GDPR). It took the place of the previous German Data
Although the Act is only a supplement to the GDPR, it contains a number of
additional provisions that must be followed, such as the appointment of Data
Protection Officers, sensitive personal data, data subjects' rights, changing
the purpose of processing, video surveillance, fines and sanctions,
creditworthiness and scoring, and so on. So far, the German legal system has
been able to put a good fight against the pressing problems of cybercrime.
Cyber law in Norway:
The Personal Data Act of 2000 is the primary law focusing on data protection and
individual privacy rights. This act ensures that personal data is processed in
accordance with factors such as personal integrity, private life, and the right
to privacy. It defines personal data as "any information relating to any
person," and processing personal data as "the use, storage, and recording of any
person's personal information." It specifies different conditions for processing
personal data and sensitive personal data.
Sensitive personal data includes a person's race, ethics, political opinions,
philosophical and religious beliefs. It also discusses suspicion/conviction for
a criminal offence, health, and sex life. Norway's HDI ranking has remained
stable over time. While the crime rate remains under control, it is encouraging
to see various governmental and non-governmental initiatives. To combat the
spread of COVID-19, Norway, like many other countries, launched the Smittestopp
contract tracing app. Many privacy experts, including the national data
protection authority, have criticised the application due to its highly
Need for cyber law in India:
There are various reasons cyber law is required in India:
Rapid increase in cybercrime in India:
- Nowadays, all financial transactions are carried out through internet.
Cyber laws prevents fraud, which is currently increase in India. It helps in
protecting and securely transfers funds. People are also using credit and
debit cards to purchase goods. However, some internet fraudsters clone those
credit and debit cards.
- Most companies keep their important data on computer systems or other
digital devices. Companies require data protection laws to prevent the
misuse of important official data.
- For work such as service tax returns, company law forms, and so on, the
government now uses electronic forms or computer systems. Cyberlaw
safeguards data against hacking.
- Digital signatures, e-contracts, and e-mails are common and simple ways
for individuals and companies to conduct business and communicate with one
another. Anyone can hack, and if there's no protection, fraud can happen
easily. Cyber laws protect against these crimes and ensure strong protection
when communicating via internet.
- We live in an increasingly digitalized world. Online statements can
sometimes violate criminal laws that prohibit harassment and stalking. When
someone repeatedly makes threatening statements about someone else online,
they are breaking both civil and criminal laws. When stalking occurs via the
internet or other forms of electronic communication, cyber defence attorneys
both prosecute and defend innocent people.
India's crime rate is rapidly rising. With the increased use of technology,
whether computer systems or electronic devices, cybercrime is on the rise.
Increased online traffic, a lack of awareness, a lack of technical knowledge
among police and citizens, and difficulties in investigating cybercrime cases
All of these factors have encouraged fraudsters to create new and inventive ways
to commit fraud. Fraudsters are constantly devising new ways to trick people
into loosening their purse strings, and the only way to protect oneself is to be
COVID-19 has accelerated a trend that was already on the rise. With work from
home becoming norm around the world, a heavy dependence on technology was
inevitable. Besides that, increased 5G adoption, device interconnectedness, new
processes and procedures, updated employee profiles, and less-controlled work
environments have all contributed to an increase in vulnerabilities.
As per the Economic Times, India reported 1.16 million cyber security cases in
2020, which is three times more than in 2019. Every day of the year,
approximately 3 thousands cyber-security issues were reported and the situation
is not only concerning in India, but also around the world.
Not only that, but people are forcing innocent citizens to commit cybercrimes.
As per the economic times, on September 20, 2022, a gang from Myawaddy, Myanmar,
forced over 300 Indians into cybercrime. These people are being held hostage by
the gang in an area that is not under the control of the Myanmar government and
is dominated by ethnic armed groups. People from some other countries are also
among the hostages, the report said. They said their captors were forcing them
to work for more than 15 hours a day. When they refuse to do illegal work, they
are beaten up and given electric shocks, they said.
A fisherman from Karaikalmedu has appealed to the district court of Karaikal in
Puducherry to rescue his son, who is among the Indian captives. Thirty Indian
hostages have been reportedly rescued so far. Through contacts in the business
community, efforts are being made to get the rest of the people back, the TOI
reported. Even Congress vice president Rahul Gandhi could not escape its
clutches as his Twitter account was hacked. A day later, the Congress' Twitter
handle too was hacked and cyber criminals threated to release secret
communication of the party.
Even though cybercrime is a threat to national security as well. Terrorist
groups are increasingly relying on criminal activities, including cybercrime and
online frauds and scams, to finance their illicit activities, according to the
annual report of the Asia Pacific Group on Money Laundering. The report also
listed case studies from member countries, including India and Pakistan,
involving money laundering and terrorist financing.
Recent initiatives taken by government of India to prevent cybercrime:
The usage of the internet is increasing, and cyber crimes are increasing as
well. The government is well aware of that, and therefore, the government has
taken various steps to prevent cybercrime:
Steps to prevent cybercrime:
Certain steps can be taken to prevent cybercrime:
- The CERT-In (Indian Computer Emergency Response Team):
It is a division of the Indian government's Ministry of Electronics and
Information Technology. It is the central organisation for handling risks to
cyber security like phishing and hacking. It improves the Indian Internet
domain's security-related defences.
- Chief security officer appointments:
The Indian government has released a formal guideline for CISOs of
government organisations that outlines best practises for protecting apps,
infrastructure, and compliance. Chief Information Security Officers are able
to recognise and record any security needs that can materialise as a result
of new technological advancements.
- The "Cyber Swachhta Kendra":
It is a part of the Government of India's Digital India initiative under the
Ministry of Electronics and Information Technology to create a secure cyber
space by detecting botnet infections in India and to notify, enable
cleaning, and secure the systems of end users so as to prevent further
- Cyber Surakshit Bharat initiative was conceptualised with the mission to
spread awareness about cyber-crime and build capacities of Chief Information
Security Officers (CISOs) and frontline IT officials, across all government
departments, for ensuring adequate safety measures to combat the growing
menace, and for organizations to defend their digital infrastructures and
become future-ready in tackling cyber crimes.
- Delhi Lieutenant Governor Vinai Kumar Saxena launched Cyber Uday 2.0 on
October 06 in Delhi. He raised concern over increasing cibercrimes in the
national capital. He also stressed the need for awareness of cyber crimes
and their prevention at the event. He said, "Cybercrimes have increased
today because of monetary transactions taking place through the internet.
Hence it becomes more important for us to be well versed with the various
aspects of cybercrime."
How to register cybercrime in India?
- Never share personal information on public websites. This could give a
stranger access to your personal information.
- If someone calls you and requests your personal or banking information,
do not provide it. It could be a spam or fraudulent call or messages.
- Make use of strong passwords and change them every 5-6 months.
- Starting with a strong encryption password and a virtual private network
is a good idea. A VPN encrypts all traffic that leaves your devices until it
reaches its destination. If cybercriminals do manage to breach your
communication line, they will only intercept encrypted data. When using
public Wi-Fi, it's a good idea to use a VPN.
- Check your bank statement on a nearly daily basis to see if there are
any unusual transactions or withdrawals of money.
- Make sure to know how and whom to complaint if you are a victim of
- If the offence was committed in your district, you can go directly to
the nearest police station or the cybercrime cell. To back up your position,
you ought to have some solid proof such as screen shots. Or
- You can register a case through an online portal i.e., https://cybercrime.gov.in/.
Landmark case on cybercrime:
Shreya Singhal vs Union of India (AIR 2015 SC)
The validity of section 66A of information and technology act,2000 was
challenged before the Supreme Court. Section 66A of the Information Technology
Act of 2000 made it a punishable offence for any person to send offensive
information using a computer or any other electronic device. The provision also
made it punishable for a person to send information that they believed to be
false. Section 66A had prescribed three years' imprisonment if a social media
message caused "annoyance" or was found "grossly offensive."
Facts of the case:
After posting allegedly rude and unpleasant comments on Facebook on Mumbai's
entire shutdown following the death of a political leader Shiv Sena founder Bal
Thackeray , two ladies Shaheen Dhada and Rinu Srinivasan were detained under
Section 66A of the IT Act.
Although the police later released the women and dismissed their prosecution,
the incident invoked substantial media attention and criticism. The women then
filed a petition, challenging the constitutional validity of Section 66A on the
ground that it violates the right to freedom of expression.
The women challenged the validity of Section 66A of the IT Act in a petition
after their detention on the grounds that it violates their right to free speech
The following are the primary issues in this case:
- Does Section 66A of the Information Technology Act have constitutional
- Does Section 69A and the Rules violate the Constitution?
The court talked on the concepts of discussion, advocacy, and incitement as it
announced the ruling. The court held that the freedom of speech and expression
is fundamentally about the discussion or even advocacy of a cause, regardless of
how unpopular that cause may be. The court determined that section 66A is
unclear, violates the right to free speech, and includes innocent speech in its
It amended the IT Act, 2000 to eliminate an arbitrary clause and supported
Indian citizens' fundamental right to free speech. It was of the opinion that
even when section 66A is repealed, provisions in the Indian Penal Code, 1860
will still be applicable, forbidding communication that is racist, insults a
woman's modesty, promotes hostility, uses abusive language, intimidates
criminals, is racist, etc.
Cybercrime is defined as any criminal activity that targets or uses a computer,
a computer network, or a networked device. Most, but not all, cybercrime is
committed by cybercriminals or hackers looking to make money. Cybercrime is
committed by individuals or organisations. Some cybercriminals are
well-organized, employ advanced techniques, and are highly technically skilled.
Others are first-time hackers. Rarely does cybercrime seek to harm computers for
reasons other than profit. These can be political or personal.
As per my opinion, there are so many laws related to cybercrime that people are
not aware of. Some people become victims, and they don't even know what to do.
Cybercrime is on the rise because it is so simple to obtain information via the
internet. Most people commit fraud for financial gain, some to defame others,
and some for pleasure, such as interfering in other people's lives, making fun
of others, exacting revenge, and a variety of other reasons.
Cybercrime is on the rise as a result of a lack of awareness. Another reason
could be a lack of employment; people believe it is a simpler way to make money.
Cyberattacks have already done significant damage to detailed banking, primarily
through credit card payments and payment scams. Every day, it happens to
someone. People are abusing the internet's resources because of its ease of
It is very common nowadays, and it is preferable to take care of your computer
system, social media, or personal data yourself. Not only that, but the websites
of political leaders and government agencies were easily hacked, putting
national security at risk. In 2022, cybercrime will become more prevalent.
Cybercrime is increasing year after year, and it is expected to reach a peak
next year. Cybercrime is said to affect the security of more than 80% of
businesses worldwide today. The Internet has both pros and cons.
- It is helpful for communicating, building connectivity, and exchanging
ideas when someone lives far away via email, social media platforms.
- For some people, it is a useful tool for conducting online commerce.
- A great place to find entertainment is online.
- It is beneficial for learning and collecting information.
- Online fundraising is also advantageous, and so on.
- Internet addiction, which is detrimental to mental health.
- Cybercrime, such as hacking, fraud, and phishing.
- online threats to defame others, particularly famous people such as
celebrities or political leaders.
- Money fraud, which is all too common nowadays.
- Because of simple misinformation or false information, the internet can
cause chaos or hatred among people or communities. This is common in almost
every region of the world, whether intentionally or unintentionally steered.
Competitors, haters, or misinformed individuals can all do this.
To conclude this research paper, I would like to say that Cybercrime is covered
by a number of laws, and the government has set up cyber cells in each district
to handle these matters. People becoming victims because they are ignorant of
these rules and it is the main problem. The government is making some efforts to
combat these crimes, which are spreading rapidly throughout society. However, we
should also protect our personal information and take caution.
- Cybercrime law in India by Satish Chandra
- Handbook of cybercrime and cybercases in India by Prakash Prasand
Award Winning Article Is Written By: Ms.Syedah Naureen Fatima
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