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Cyber Crime And Its Type: Understanding, Addressing, And Preventing Cyber Crime

The term cyber crime is not defined in any of the Act or statue passed by the Indian legislature but in simple way it can be define the Cyber crime is a crime which is committed or carried out using a computer, network, or any other digital device but their is no single definition that define what is cyber crime many scholars has given different definition to the cyber crime define According to Dr. Debarati Halder and Dr. K. Jaishankar define cybercrimes as:
"Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)" .

In some case cyber criminals directly target the computer and make them disable to perform work or in other they use computer as a toll to commit cyber crime Cyber crime is a crime which is boundary less that means that it is committed in cyber space and in this crime there may be or may not be direct link between victim and accused. Cyber crime poses a serious threat to individual, business and government.

Cyber Crime is done why the cyber criminals those who are expert and have deep knowledge in internet .they commit such crime because of number of reasons such as to make money ,or to take revenge, to destroy computer data or to steal valuable intellectual property and cyber crime is complex crime as in this there is no direct link between the victim and the accused.

Cyber crime is increasing day by day as now most of the people have mobile phone or access to internet as compare to earlier time more advancement in the technology leads to increase in cyber crime and cyber crime it leads to physical loss and as well as mental trauma to the victim and according to news India saw a raise of 24 percent in cyber crimes registered in 2022 compared to 2021.

In India, cyber crime is covered by the Information Technology Act, 2000 and the Indian Penal code, 1860.Cyber crime is very different from the traditional form of crime .with the advancement in technology and raped use of computer it made our life's very easy but it also have certain negative impact as in the form of cyber crime and cyber crime is a crime which is increasing day by day and it is like uncontrolled evil and India witness the highest number of cyber attacks in Asia in 2022, according to a recent report by cyber security firm CloudSEK. Globally the country was ranked second in terms of cyber attack after the US last year.

Types of cyber crime:
  • Cyber Bullying:
    Cyber bullying is basically bullying someone online like by use of computer, mobile phone, on social media platforms. It includes sending, posting, or sharing negative or false information online which causes embarrassment or humiliation to a person. Cyber bullying is done on social media platforms such as Instagram, Facebook, Twitter, messaging apps, chat rooms, etc. This type of crime leads to mental stress for the victim. In Kerala, a 26-year-old woman committed suicide over cyberbullying by her ex-boyfriend after the relationship went sour. Cyber bullying may lead to such types of results if the victim is not counseled properly.
  • Cyber Stalking:
    Cyber stalking is one of the forms of cyber crime where someone monitors another person's online activities without their consent. This type of crime may lead to serious psychological and emotional effects on the victim. Cyber stalking is done to create fear in the mind of the victim, misuse information, or obtain sexual favors. It can be done through email, social media, or computers.
  • Cyber Grooming:
    Cyber grooming is a crime in which an adult person forms an emotional relationship with a child to use them for sexual abuse or exploitation in the future. The perpetrator uses the innocence of the child to acquire personal information. In many cases, the child may not even realize they are a victim of cyber grooming, or they may be pressured to perform sexual activities.
  • Phishing:
    In phishing, users are asked to click on a given link to receive a surprise gift or access a particular site. However, instead of the desired result, users may have their information stolen or their computer infected with a virus. Phishing is one of the popular cyber attacks.
  • Revenge Pornography:
    In revenge pornography, a partner posts private pictures online without the consent of the other partner. This crime is gender-neutral but is often seen with girls as victims. It is mostly done by ex-boyfriends or male partners seeking revenge after a breakup.
  • Identity Theft:
    Identity theft occurs when a person conceals their true identity or uses someone else's identity to acquire personal or private information. This may involve asking for bank details or debit/credit card information.
  • Cyber Terrorism:
    Cyber terrorism involves using the internet or computers to carry out terror acts online, such as stealing confidential information or creating fear in society. This can lead to loss of lives and privacy.
Legal provision related to cyber crime in Information Technology Act 2000 and Indian Penal code, 1860

Important sections under the Information Technology Act 2000 are:
  • Section 65 � Tampering with computer sources documents.
  • Section 66 - Using password of another person.
  • Section 66D - Cheating using computer resource.
  • Section 66E � Publishing private images of others.
  • Section 66F - Acts of Cyber Terrorism.
  • Section 67 - Publishing child porn or predating children online.
  • Section 43A - Data protection at corporate level.

Important section under Indian Penal code, 1860 are:
  • Section 292 - Sale, etc., of obscene book, etc.
  • Section 354C - Voyeurism
  • Section 354D - Stalking
  • Section 379 - Punishment for theft
  • Section 420 - Cheating and dishonestly including delivery of property
  • Section 463 - Forgery
  • Section 465 - Punishment for forgery
  • Section 468 - Forgery for purpose of cheating

Why cyber crime is increasing in India:
  • One of the reasons is that now there are rapped increases in use of internet now in recent times India has faced rapid digital transformation. Due to increases in technology use of internet it leads to more opportunity for cyber criminals to do more cyber crime.
  • As there is raped increases in use of internet and as there is transfer of digitization but there is no proper legal laws and mechanism or Acts that help to control or prevent cyber crime.
  • People have smart gadgets they know how to operate it but they do not know much about cyber crime frauds and they are not so aware about the cyber crime they are not aware about the negative aspect of digital transformation as they unable to tackle with digital crime.
  • Cyber crime can be committed from one country to another jurisdiction there is no such rule that accused need to be from one nation there are many cases that are seen that the cyber criminal and victim they live in two different nation and they do not have any relation among themselves so in cyber crime there is difficult of jurisdiction that if the crime happen which curt will have jurisdiction over the matter.
Case Laws:
Kalandi Charan Lenka v the state of Odisha (2017):
In this case victim received number of obscene messages from an unknown number and emails was also sent to the victim and crested a fake account in which her morphed images was posted so under this case the High court, therefore found the accused prima fascia guilty of cyber stalking on various charges under the IT Act and section 354D of IPC.

State Of Tamil Nadu V Suhas Katti: In this the accused want to merry the victim but victim refuse the proposal and to take revenge the accused started harassing her by the use of internet the accused opened a fake account on the victim name and posted defamatory ,obscene and annoying information about the victim so the charge sheet was filed against the accused and he was subjected to rigorous punishment.

Cyber crime is new crime and very different from the traditional for of crime and if we see that now the cyber crime is increasing day by day as there are multiple reasons for it as there is increase in use of internet , increases in technology easy asses to internet and there is no law that define what is cyber crime and there is no law that is there to deal specially with cyber crime as the cyber crime is increasing it is very important to have new laws related to cyber crime and with that strict punishment must be laid down because cyber crime not only effect the physical health of the victim but it create a lot of stress and trauma to victim and to their families as now everyone is having knowledge how to use internet or use social media and it is very important to teach about cyber crime to create awareness related to cyber crime and to have strict laws related to cyber crime .


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