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Cyber Crime A Critical Analysis of Judicial Decisions In India

The importance to understand the world of crime in the Cyber Space and Technology had been given a priority in India as the crime busted unexpectedly in the Cyber Space and as the criminals became mastermind in the execution of their illegal activities with the use of modern world technologies like computers, smart phones, laptops and other latest digital technologies.

The main object to have a keen observation and study in the area of Cyber Crimes is to stop various kinds of modern crimes like forgery, cheating, blackmailing, theft, robbery, dacoity, etc done with the negative use of technologies and to understand the paten, style or model of the Cyber Criminals with the motive to eradicate or to reduce the Cyber Crime rate in India and for the betterment of the world.

That with the continuous increase of use of e – commerce and e – governance, specifically in this 21th century the computer technologies had even made very easy, fast and possible for the people to communicate with each other by dynamic means to transfer information by sending messages, video calling, text chat etc. Thus being helpful in regulating their business/work in various parts of the world through internet. Such rampant use of various digital technologies had raised a wide variety of legal issues such as piracy, violation of intellectual property, pornography, violation of copy rights, jurisdiction, etc.

Judiciary:

That due to the increase in Cyber Crime in India there are various Special Courts established by the government for the purpose to try the cases related to Cyber Crime thus even reducing the work load of the common court of law.

That for the purpose of further efficiency in delivering the judgments in the interest of justice, special training in area of Cyber Offences is given to the Judicial Officers, Prosecutions and Police Personnels.

That the establishment of Special Courts is essential because the regular courts feels handicapped to decide the cases related to Cyber Crimes because of the lack of Information Technological expertise.

Regulation of Social Networking Sites:

Social networking sites like Orkut, Facebook, Twitter, Instagram etc. has been beneficial for the masses and brought friends together but they have also destroyed the life of so many users who were trapped by the wrong people with fake identities. From creating fake profiles of girls to getting involved in murders, the misuse of social networking sites has been on the rise in recent years.

The involvement of the teenagers on such social networking sites had even created a huge impact on their growth in mentally, physically and all over growth of a them, thus their activities on social media is even eventually resulting in various types of Cyber Crimes like child pornography, abetment to suicide, cyber defamation, kidnapping, extortions, black mailing, threatening and even out raging the modesty of women by using the various social media platforms. Hence, social media becoming a tool for execution of modern world crime and a forum for criminals even having a basic knowledge of modern technology.

India’s Cybercrime Scenario: Ground Situation:

According to the National Crime Records Bureau (NCRB), in 2016 a total of 12,187 cyber crime cases were registered all over India when compared to 11,331 cases registered in 2015. There was 20.50 per cent increase in the number of cyber crime cases in 2015 over 2014 and 6.3 per cent increase in cases in 2016 over 2015.

The cyber crime scenario in our country does not truly reflect the existing situation on the ground. According to the National Crime 57 Records Bureau (NCRB), in 2016 a total of 12,187 cyber crime cases were registered all over India when compared to 11,331 cases registered in 2015. There was 20.50 per cent increase in the number of cyber crime cases in 2015 over 2014 and 6.3 per cent increase in cases in 2016 over 2015.

As far as the number of cybercrime cases is concerned, Uttar Pradesh with a figure of 2,639 registered the maximum number of cases followed by Maharashtra (2380), and Karnataka (1101). Tamil Nadu registered 172 cases in 2014 which dropped to 142 in 2015 and marginally increased to 144 in 2016. Among the Metropolitan cities, Mumbai with 980 cases stood first followed by Bengaluru 762 and Jaipur 532. Chennai city with 26 cases was ranked 16 among metros.

Judicial Decisions:

The Bank NSP Case

One of the leading cybercrime cases is the Bank NSP case is the one where a management trainee of the bank was engaged to be married. The couple exchanged many emails using the company computers. After some time the two broke up and the girl created fraudulent email ids such as "indianbarassociations" and sent emails to the boy's foreign clients. She used the bank’s computer to do this. The boy's company lost a large number of clients and took the bank to court. The bank was held liable for the emails sent using the bank's system.

Andhra Pradesh Tax Case

Dubious tactics of a prominent businessman, from Andhra Pradesh, were exposed after officials of the department got hold of computers, used by the accused in one of the many cyber fraud cases in India. The owner of a plastics firm was arrested and Rs 22 crore cash, was recovered from his house by sleuths of the Vigilance Department. They sought an explanation from him regarding the unaccounted cash within 10 days. The accused submitted 6,000 vouchers, to prove the legitimacy of trade and thought his offence would go undetected but after careful scrutiny of vouchers and contents of his computers, it was revealed that all of them were made after the raids were conducted. It was later revealed that the accused was running five businesses under the guise of one company and used fake and computerized vouchers to show sales records and save tax.

Bazee.com case

CEO of Bazee.com was arrested in December 2004 because a CD with objectionable material was being sold on the website. The CD was also being sold in the markets in Delhi. The Mumbai Police and the Delhi Police got into action. The CEO was later released on bail. This opened up the question as to what kind of distinction we draw between Internet Service Provider and Content Provider. The burden rests on the accused that he was the Service Provider and not the Content Provider. It also raises a lot of issues regarding how the police should handle cybercrime cases.

Conclusion And Suggestions:
That in the ground level situations, the proper execution of the concerned laws and the keen probe by an Investigating Personnel plays an important role in delivering speedy and accurate justice to an aggrieved persons/victims but the lack of awareness of the rights and laws made for the citizens of the country can even result in slow down and effect the India’s chain of justice delivering system.

The formation of a statutory supervisory body to meet accuracy and transparency in duties and powers of Investigation Agencies can prove to be of good impact for irradiation and reduction of Cyber Crimes or Crimes on whole.

The proper training to the various executive powers and judicial authorities for exercising the cases related to Cyber Crimes and organization of various awareness camps by government can be beneficial and fruitful for the society and its positive growth.

Bibliography:

  1. Indian Penal Code, 1860.
  2. Information Technology Act, 2000.
  3. Call for Special Courts to try Cyber Crimes, The Hindu, August 30, 2006, p5
  4. Writer is DR K. JAYANTH MURALI Additional Director General of Police and Director, DVAC, Chennai. The views expressed in this article are that of the author and not of the government) - Link - https://www.deccanchronicle.com/nation/crime/200718/indias-cybercrime-scenario-ground-situation-alarming.html
  5. https://www.cyberralegalservices.com/detail-casestudies.php

Written By: Adv. Ankit Tandon - Bombay High Court.

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