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Cybercrime Laws In India With Reference To IPC

Offence is committed against both society and economic occurrence. It is very ancient just like the human civilization. An offence be it in any shape affects the people of society negatively. In the formation of economies, the offences relating to cyber is increasing speedily, because of the fast spreading of the Internet and the computerization of the acts relating to economy. The crimes whose medium is computer have been given many distinct names like crimes relating to computer, computer crimes and even cybercrimes.

They can be called as the misutilisation of computers and also the abuse of computers. Those crimes that are stated in the Information Act when read together with any of the offences stated in the Indian Penal Code like mischief, fraud, theft etc., turn into the offences which are penalized in the Criminal court with imprisonment and penalties.

The electronic medium used for communications, the computers and the internet used in them have a very huge impact in everyone's lives, by using the internet everywhere whether it be our houses or working areas or even in the formation of educations is enhancing continuously.

The sources we use via Internet is the rapidly enhancing sector of technical framework growth. In the current world, information and communication innovations are worldwide present and the swift in computerization is increasing. The evolution of high-tech change promotes our daily lives. They even make remarkable improvements to crime. The crime related to computers is now a major issue in the entire world.

In an evolving country crime is an obstacle to its growth. It not only negatively impacts the people of the society but even reduces the fiscal growth of the nation. Computer Mechanisms grants improvement to the human lives making it less tough and enjoyable. This illicit utilization of computers for the task of crime results to Cyber Crime issues. To overcome crimes relating to Cyber, India introduced the Information Technology Act, 2000. This statute got extraordinarily altered in the year of 2008. This altered Act is essential, more influential and rigid than the previous Act.

Meaning Of Cyber Crimes

The word which is described here i.e. "cyber-crimes" is not elaborated and explained in any of the Acts or any book of rules. Crimes have been given with the list detailed with different statutes and the penalizations for them, used in the Indian Penal Code, 1860 and even some other Acts. So, explaining cyber crime is that it is just an admixture of offences with the computer.

The term "cyber" which we use is slang for things linking to computers, internet and computers. So, it says that "cyber-crimes" are those offences which are linked to the computers, internet and information technology, internet. A person who finds statutes that punish offences relating to cyber in many Acts and also in regulations given by different controllers. The IT Act, 2000 and the IPC, 1860 punish for offences relating to cyber-security.

As per Pawan Duggal, "the crimes relating to cyber denotes all the actions committed with a criminal intention in computer network or by using the means of internet. These actions can either be criminal in the ordinary sense, recently developed with the widening of the recent means. Actions that primarily displease the senses of humans, can be treated under the scope of cybercrimes."[1]

Common Types Of Cybercrime

  1. Disseminating porns of children;
  2. Phishing: It is the usage of fake email texts to get extract personal datas from the users;
  3. Expanding hatred and encouraging terrorism;
  4. Hacking: closing or misutilising the sites;
  5. Misutilising the personal information (theft of identity);

Among various kinds of cyber related offence it is the most hazardous and grave risk to the Inet and e-commerce. Hacking means the cautiously violating into the computer system and thieving important records from the computer without any authorization. It speaks about the set of Cyber directions which carry out malicious operations. Viruses stop the normal functioning of the system programs and insert few abnormalities. A computer virus can be spread through- mails, Compact disks, pen drives, Inet.

Phishing is the process of sneaking datas of the selected individual like counter signs, account related information, usernames and many more datas over the Inet. It can be done through mail bluffing and prompt texts. A link directing a selected individual to the false tab that appears and looks similar to the real tab.

Cyber Defamation:
Working of the computer's application and injecting some malformations. A computer bug can be laid out using- mails, optical devices, USBs, Inet and many more.

Cyber Stalking:
It is the utilizing of the Inet or different e-means to chase an individual. The word is used conversely with pestering online and abusing online. Stalking basically includes pestering or frightening conduct where a person gets involved in continuously, just like chasing an individual, appearing at an individual's residence or working area, making threatening rings, giving written letters or articles, or destroying the individual's assets.

Cyber Trafficking:
It can be peddling of arms, drugs, humans, which shows the adverse effects on the society in large.

Web Jacking:
This word is taken from the term hijacking. For commission of this offence the offenders designs a false webpage and when the sufferer clicks on the given URL a new tab appears with a text and then a new URL appears. If the sufferer opens that thinking it to be real, then he will be taken to a false webpage. It is done to get allowance and manages the link of another. The offender can even alter the data of the sufferer.[2]

Cyber Crimes Linked With IPC

Besides the punishments given under the IT Act, 2000, there even are few offenses which are listed in the sections of IPC also. The given list of the IPC sections relating to cyber related crimes are:
  • Section 292 of IPC: Though this provision was made to punish the vending of the pornographic material, it has developed in the recent cybernated period which is linked to different offenses related to cyber. The broadcasting and conveyance of pornographic things or sexual acts or sexual activities that contains content related to children that are present in e-form are also controlled by this provision. Although the offences given here looks similar, they are acknowledged as divergent offences by the IT Act and even by the IPC. The penalizations inflicted in doing those acts are imprisonment extending up to 2 years and fine up to Rs. 2000. If either of the offences listed are done for another time, then the imprisonment will extend up to 5 years and the fine would extend up to Rs. 5000.
  • Section 354C of IPC: The cyber relating offense given under this section is recording or broadcasting of an image related to intimate parts or actions of a woman without her assent. This provision solely relates to the offence of 'voyeurism' which even considers viewing of such activities of a woman as an offence. Gender is a basic element of this provision which if not satisfied, then, provision of 292 of IPC and provision of 66E of IT Act, is wide to consider the crimes of alike nature into consideration. The punishment of this act is imprisonment for 1 to 3 years for the first-timer and 3 to 7 years for next time.
  • Section 354D of IPC: This provision illustrates and penalises 'stalking' which consists of both physical and computer related. If a female is being recorded using the e-communication, Inet, or mail or is being troubled by an individual to interconnect even not being interested, then, it would lead to cyber related stalking. The provision also describes the penalizations for the crime as imprisonment which extends for 3 years plus fine for the first commission and for the second commission for 5 years plus fine.
  • Section 379 of IPC: If the information is stolen from that mobile or the system, then, this section will come under role and will be penalised either with imprisonment up to 3 or fine or even both. These sections will not be applied in the case where IT Act, comes in role.
  • Section 411 of IPC: This provision relates with an offence that is accompanied with the offenses done and penalized under the provision of 379. If an individual takes a cell phone that is stolen, computer system, or informations from it, will be penalised under this section. Possession of the article is not important. The penalization is either imprisonment up to 3 years or fine or can even be both.
  • Section 419 and Section 420 of IPC: These sections are linked as both describe about fraudulent acts. The stealing of password for fraudulent motives or the formation of fake sites and cyber frauds are specific offenses that highly deal with these two provisions of IPC. Phishing done using mails on assumption of an individual's identity extracting password is basically related to the provision of 419 of the IPC. Based upon the gravity of offences, punishments vary in this section i.e. 3 years of imprisonment or fine and the provision of 420 penalises for imprisonment up to 7 years or fine.
  • Section 500 of IPC: This section punishes an individual for defaming any other individual relating to cyber related crimes which includes delivering defamatory things or texts containing abusive words with the medium of mail. It penalises with imprisonment up to 2 years plus with fine.
  • Section 504 of IPC: If an individual gets threatened or insulted or incited by the other individual with the intent of hampering tranquillity using mail or other electronic mediums, then, an offence is taken to be committed under this provision. The penalization is either 2 years of imprisonment or fine or can be both.
  • Section 506 of IPC: If an individual attempts to terrify another individual criminally which can either be done through physical mode or through electronic medium with context relating to the life of that individual, assets demolition by fire or purity of a female, then it would lead to a crime committed under Section 506 of IPC with penalization of up to 7 years' imprisonment or fine or can be both.
  • Section 509 of IPC: Where the offence of saying anything, doing an action, and doing an activity which can hamper the modesty of a female, then, this provision comes into role. It even consists about hampering the privacy of a female. When these acts are done through physical or electronic mediums, then, Section 509 comes in role. The punishment is imprisonment up to an year or can be fine or even both.

Tussle Of IPC With It Act

To describe the tussle between IPC and IT Act, a case has been taken into account cited as Sharat Babu Digumarti v. Government of NCT of Delhi[3]. In the particular case, it happened that in November a pornographic video was enlisted for vending on i.e. a site. The enlistment was made with an intent under the categorisation of 'Books and Magazines' and sub-categorisation of 'eBooks' to reduce the risk of being detected by the safety of Baazee. Its copies were vended before the enlistment could be removed. Later Delhi police's crime branch filed the chargesheet.

The company was not held as an offender. It was held by the crime branch that vicarious liability did not existed on Avinash Bajaj as per the provision of 292 of the IPC or under the provision section 67 of the IT Act where his employer was not an offender. Later alterations were made under the provision of the IT Act and the provision of IPC held against Sharat Digumarti also was struck but the charges which were framed under section 292 of the IPC were held.

The Apex Court dismissed the trial which was imposed against Sarat Digumarti and said that if a crime deals with an electronic data, the IT Act individually would be put in as it was the intent of the legislation. It is an established theory of interpreting that special statutes would persuade the general statutes and the other laws would be applied over prior Act. It was held that section 81 of the IT Act says that the sections of the special law shall prevail in spite of anything not consistent with other thing given in any different law for present.

We can see now that although the IT Act provides punishments relating to crimes linked with cyber with a wide range under sections 43, 66 and 67, but, the IT Act got amended in the year of 2008 and provisions were inserted for peculiar cyber relating crimes like conveying derogatory texts through transmission servers, falsely collecting a purloined computer system resource or transmitting gadgets, violating the privacy, identity theft, terrorism relating to cyber and many more by using sections 66A to 66F and sections 67A to 67C.

These alterations protrude like a cumbersome attachment. Therefore, it is stated that all the crimes relating to cyber enlisted under the IT Act will be repealed and IPC will include all of the cyber relating crimes, even consisting of those which are presently given in the IT Act.

  1. Petter Gottschalk, Policing Cyber Crime 75 ( Lexis Nexis Publication , 2ndedn 2002)
  2. Raghav Punj, Cybercrime ,available at: ( last visited on 18th October2018)
  3. 2017 (2) SCC 18

Award Winning Article Is Written By: Mr.Ajay Singh
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