Cybercrime comprise of criminal acts that involve computers and networks. Thus,
Cybercrime is a wide term that describes/explain everything from electronic
hacking to denial-of-service attacks that directly cause loss of e-business's
Cybercrimes are essentially criminal activities where network, computer or
electronic information technology devices are the tool, source, target or place
of crime. Cybercrimes are effected by way of illegal access into another data
base, system interference, data interference, illegal interference, misuse of
devices, forgery and electronic scams.
The research paper provides a brief description of the cybercrime offenses
covered under cybercrime Indian government structure and the need of POCSO ACT,
including the legislative and judicial branches, law enforcement, legislations
dealing with cybercrimes, and the nature and extent of cybercrimes. Also, the
legal provisions, offences under POCSO act and punishment for the same.
Technological progress is like an axe in the hands of a pathological criminal.-Sir Albert Einstein
Today's society is so technologically dependent that, it is stick to their all
electronic gadgets in all kind of pleasure. New technology has given birth to
new social networking. all these new electronic gadgets which is easy to assess
have become a solution or answer to every problem or question to one has on
brain, with a single click. Similarly, one hand it has helped in solving many
crimes and on the other, it has given birth to many new crimes too. Which have
been addressed as cybercrime.
It is a huge problem in the entire world which is growing very fast. New laws
are being addressed by the law enforcement to tackle this new way of committing
crime across over the world, the police departments are forming special computer
crime units and pushing their officers to become more technically clever. However,
the cybercrime problem is too big and widespread to be solved by all police and
politician. The latter don't have all kind of technical expertise to pass
effective laws and the former lack from sufficient training, time, and volunteers
to catch up any but the most horrifying internet crimes.
This concept of cybercrime is a modern one. In general, cybercrime
does not differ from crime in the usual sense except the method adopted for
commission of crime. In this era with the arrival of specialised computer, the
criminals have changed the method of committing crime from conventional
tocomputerbased method. the first recorded cybercrime took place in the year
1820! That is not surprising considering the fact that the abacus, which is
thought to be the earliest form of computer, has been around since 3500 B.C. in
India, Japan, China.
Cybercrime is not defined particularly anywhere. In general, cybercrime does not
differ from in the ordinary sense except in the method of committing crime.
There are number of definitions of cybercrime because of the various form of
misuse of information technology. The conventional definition and forms of crime
covers almost all kind of cybercrime. Due to the basic thing in the crime is
same and one. The development in the society was taking continuously which lead
to the enactment of new laws like Information Technology Act 2000.
Child sexual has been defined as:
the involvement of dependent and immature
children in sexual activities they do not fully comprehend, to which they do not
fully comprehend, to which they are unable to give informed consent
Even after the 70 years of this country, heinous sexual offences are still there
in the country mainly with the women and children, though this is the problem of
emotional, physical, mental, sexual abuse yet it is increasing on alarming rate.
To deal with this situation the government had enacted may laws including the
Definition Of Cyber Crime
Cybercrime is the darker side of technology. There is no mention of the term
‘cybercrime 'either in the information technology act 2000 or in any legislation
of the country. There is no difference between cybercrime and traditional crime.
The only difference is that the former involves computer technology.
It is a worldwide problem so various authority, national and international
level tried to define the term cybercrime. Following are certain important
definitions. The oxford reference online defines ‘cybercrime' as crime committed
over the internet. The Encyclopedia Britannica defines ‘cybercrime' as any crime
that is committed by means of special knowledge or expert use of computer
technology . It includes variety of criminal offences and activities.
Dr.Debarati Halder and Dr. k. Jaishankar (2011) define cybercrime as : Offences
that are committed against individual or groups of individuals with a criminal
motive to intentionally harm the reputation of the victim directly or indirectly
, using modern telecommunication network such as internet (chat rooms , emails,
notice boards and groups ) and mobile phones (SMS /MMS). Such crimes may
threaten nation's security and financial health. 
These types of crimes
create issues which are high profile, copyright infringement, child pornography,
especially those surrounding cracking, and child grooming. There are problems
regarding privacy when confidential information is lost or intercepted, lawfully
According to an Australian nationwide survey conducted in 2006 that there are
two in three convicted cyber-criminals were between the ages of 15 and 26.
Internationally, both governmental and non-state actors engage in cybercrimes,
including espionage, financial theft, and other cross-border crimes. Activity
crossing international borders and involving the interests of at least one
nation-state is sometimes referred to as cyber warfare. The international legal
system is attempting to hold actors accountable for their actions through
the International Criminal Court.
A report estimates the annual damage to the global economy at $445 billion.
There isn't really a fixed definition for cybercrime. The Indian Law has not
given any definition to the term ‘cybercrime'. In fact, the Indian Penal Code
does not use the term ‘cybercrime' at any point even after its amendment by
the Information Technology (Amendment) Act 2008, the Indian Cyberlaw. But Cyber
Security is defined under Section (2) (b) means protecting information,
equipment, devices computer, computer resource, communication device and
information stored therein from unauthorized access, use, disclosure,
disruption, modification or destruction.
The most important aspect of cybercrime is its nonlocal character: actions can
occur in jurisdiction separated by vast distances. Local and even national crime
requires international cooperation because it poses severe law enforcement
problems since previously. However, just like individuals walking on the ground
leave footprints that can be followed, cybercriminals leave clues to their
identity and location.
In 1996 the Council of Europe, with the government representatives from the
United States, Canada, and Japan, drafted a preliminary international treaty
covering computer crime. Around the world, civil libertarian groups immediately
protested provisions in the treaty requiring Internet Service Providers (ISPs)
to store information on their customers' transactions and to turn this
information over on demand. Work on the treaty proceeded nevertheless, and on
November 23, 2001, the Council of Europe Convention on Cybercrime was signed by
The convention came into effect in 2004. Additional protocols,
covering terrorist activities and racist and xenophobic cybercrimes, were
proposed in 2002 and came into effect in 2006. In addition, various national
laws, such as the USA PATRIOT ACT of 2001, have expanded law enforcement's power
to monitor and protect computer network.
In common parlance, the word cybercrime and computer crime are use
interchangeable. The term computer crime has broad ambit as it contains not only
crimes committed on the internet but also crimes committed in relation to or
with the help of computer. Don B Parker distinguishes between the concepts of
cybercrime and computer crime, and gives the definition of the term in the
- Computer crime: A crime in which the criminal uses special
knowledge about computer technology.
- Cybercrime: A crime in which the criminal uses special knowledge of
A computer crime defined by the U S department of justice's As an illegal act
requiring knowledge of computer Technology for its preparation, investigation,
or prosecution. Due to many acts the definition is not comprehensive.
The Organisation for Economic Co-operation and Development (OECD) defined
cybercrime as computer related crime is any illegal, unethical, or unauthorized
behaviour relating to the automatic processing and the transmission of
In 2001, The Council of Europe Convention defines cybercrime in Articles 2-10 in
four different categories: 1) offences against the confidentiality, integrity
and availability of computer data systems; 2) computer related offences; 3)
content related offences; 4) offences related to infringements of copyright and
On all above definition the main conclusion can be drawn is that the cybercrime
is very much broader and wide term that is why no definite definition can be
There has been no mention of the term ‘cybercrime' in the Information Technology
Act 2000, in Indian legal system only this act is also known as cyber law.
However, the bill introduced regarding this act provides the definition of cybercrime in it.
The Information Technology Bill , 1999 defines the cybercrime as:
knowingly or intentionally council, destroy, or alter or intentionally or
knowingly causes another to conceal , destroy, or alter any computer source
document use for a computer , computer program, computer system , or computer
network , when computer source code is require to be kept or maintain by law the
time being in force shall be punishable with a fine which may extent up to
rupees two lakhs or with imprisonment up to three years , or with both.
Types Of Cyber Crime
The cybercrime is common term that can be use by various illegal activates where
in computer or computer network is used. The computer crime and cybercrime are
totally different but that cannot be separated from each other by the legal
system. Therefore, it is not an easy task to define the cybercrime types. The
cybercrime can be committed by various modes and method. The concept of crime is
itself dynamic, and when comes the case of cybercrime it is more dynamic.
Therefore, the cybercrime can be classification can be in various ways. It may
classify on the basis of use of computer or mode of using of computer in any
crime. The role of computer is different in every cybercrime so it can classify
on that basis also, it can classify on the basis of criminal. Role of computer
means insider and outsider. However, as per the result of illegal act the mode
or role is not the subject matter of criminal law but the result is more
Thus the cybercrime can be classified on the basis of victims as
Crime affecting individual
- Crime affecting Individual
- Crime affecting economy
- Crime affecting national security
Maximum number of cybercrimes are commit which affect directly to the
individual. In this cybercrime, the victim can be the one who uses the computer
or someone used the computer victim's name. By violating the privacy rights of
the victim, The criminal get access to the computer or account of the other and
uses the private access of the victim. The computer is a common and paramount
source of preserving someone's personal data or information.
To restore the huge
data of person in minimum time, internet and the computer has developed the
techniques. Due to the capacity and the easy manner, these techniques has been
used in everywhere from hospital to school and business enterprises to
governmental and nongovernmental banking also made use or abuse of it.
Through hacking or by other means with capability to access the data in the
cyber space may cause the criminal infringement of privacy. It also causes the
infringement of right of privacy, The Hon'ble Supreme Court of India considered
right to privacy as fundamental right. This mode of the cybercrime also affects
mobile services provider who are using the computer or internet for the
preservation and transfer personal data of their customer. This invention of the
privacy is one of the major kinds of the cybercrime.
Criminals also made identity theft and commit the offence of fraud and
misrepresentation under this form of cybercrime. Because of such offences, the
confidence in the integrity of commercial transaction may affect. The victim
feels shock and surprise when police approach to him while investigation because
he is quite innocent and not aware of the act done in his name. Another mode of
this kind of crime is cyber stalking.
In cyber stalking electronic media like
internet is used to harass or contact another person in without his/her consent.
The word cyber stalking is used to refer only the use of electronic
communications, such as internet, e-mail, SMS, MMS, etc. as a device with which
they can do stalking.
Crime affecting economy:
Information technology is rapidly growing and used in all sectors of the
economy including industry, services and commerce. Toady the need of the hour is
the use of internet for the use of development of business and commerce. The use
of computer and internet in business is called as e-commerce. This e-commerce
provides various less and speedy expensive procedures in the high- tech
business. Thus, without having any problem ecommerce has removed the national
Due to this less expensive process has attracted lot of traders and
businessperson to use this new way or mode for transferring the huge amount of
money. However, this process is also not without disadvantages. The common
people and businessman use this technology to solve their various problem and
save their time, but criminals use this technology which is unknown to the
common user of the internet and the technology is more worldwide technology
making more easier way to commit the criminal activities.
The criminal activity
as like IP spoofing and hacking are the common offence, which are committed
against the economy. commonly, the frauds are also committed by using internet.
Software piracy is the general offence in a day, the motive behind software
piracy is nothing but to save the money. Another mode to commit the cybercrime
is cybersquatting. The main motive behind these offences is nothing but to gain
wrongfully. This is new mode to commit general crime though, it is known as a
Crime affecting National Security:
Cybercrime against the national security is when the illegal activity in the
cyber space affects the society and nation at large are .when now a days the
internet has been used for spreading the ideas and when such use is made by the
terrorist organization to spread their ideology on a large scale it will
directly threat the nation's security. Apart from this, there is also a major
threat of terrorist trying to disrupt the information technology and
telecommunication apparatus itself.
To execute plan terrorists are using the
today's information technology to calculate the raise funds, create propaganda,
and to communicate massage among themselves. Another mode to committee the cybercrime is cyber warfare which affect the national security. Internet and
computer are integral part of military strategies of different countries in the
world. The whole world's peace got affected by using the technology when one
country collects the information of enemy country because there will be war
It is the act of trying to trick customers into disclosing their personal
security information like their credit card numbers for some offers, bank
account details or other sensitive information by disguising as trustworthy
businesses in an e-mail. They may ask the recipients to confirm, update, or
validate their account information. Phishing is to steal a company's identity
and then use it to victimize consumers by stealing their credit identities.
term Phishing is also called as spoofing because Internet scammers are using
increasingly sophisticated measures as they fish for user's password data and
financial information. It had become the most commonly used social engineering
attack up to date because of the fact that it is quite easy to carry it out.
There is no need of direct communication between victim and hacker. When they
Send mass-mails to thousands of persons there is high possibility to get someone
Spam mail is another form of crime, the internet's ability to place unusual
power into the hands of a single person is another form of crime. Spam mail is
the distribution of e-mails into bulks that usually advertise services, products
or investment schemes, which turned out to be fraudulent. The aim of spam mail
is to con or trick customers is to make them to believe that they are going to
buy a genuine product or serviceat a low price. However, money or sensible
security information like personal information or credit card number are asked
by the spammer before the deal occurs.
After having their security information
the spammer vanishes and the customer is never able to hear from the spammer.
Today, by using social engineering and technical advances spammers spread phishing e-mails and malicious code which are still looking for the best way
to reach computer users , however, according to a Symantec Intelligence Report
(Symantec, 2012), spam levels have continued to drop to 68% of global e-mail
traffic in 2012 from 89% highest in 2010.In April 2012, political spams were
back in action targeting primarily US and French population. The complex
situation in Syria has also become the subject of spam e-mails too. In 2012, USA
was in second place after India for spam origination with China ranked as number
5 (Kaspersky, 2012).
Hacking is one of the most widely debated and examined forms of cybercriminal
activity which serves an intense focus on the threat that such activity poses to
society for public concern. The clear-cut definition of hacking is the
unauthorized access and subsequent use of other people's computer systems
Early the hackers used to have a love for technology and passion towards knowing
how it all worked, and their main goal was to push programs beyond what they are
designed to do. But today word hacker has a negative connotation in the world.
The attack stake place in various phases such as reconnaissance information
gathering, scanning and finally entering into the target system. This
information gathering includes various methods of obtaining information or to
open security holes. This works just like the traditional type of robbery is
carried out. Before making any attempt, the robber will find out the whole
information about the place that wants to rob, just like this the computer
attacker will try to find out every personal information about the target. One
such method used by an attacker to get information is social engineering. There
are two main categories under which all social engineering attempts can be
classified into computer or technology-based deception and human-based
Cyber Harassment Or Bullying
Cyber-harassment or bullying is the use of electronic information and
communication devices such as text messages, blogs, e mails, instant messaging,
pagers, mobile phones, instant messages and defamatory websites to bully or
otherwise harass an individual or group through personal attacks or other means.
At least in a physical fight, there's a start and an end, but when the taunts
and humiliation follow a child into their home, it's torture,and it doesn't
(Early, 2010). Cyber-bullying, insults, harassment and taunt over the
internet or text messages sent from mobile phones to the victim has become
rampant among young people, in some cases there are some tragic consequences.
Derek Randel, a motivational speaker, former teacher and founder of
StoppingSchoolViolence.com, believes that cyber-bullying has become so
prevalent with emerging social media, such as Facebook and text messaging, that
it has affected every school in every community (Early, 2010; Stop
Identity theft is the act of obtaining sensitive or personal information about
another person without his or her knowledge or consent, and this information is
used for committing theft or fraud. This opportunity has been obtained by cyber
criminals given by the internet and such information from vulnerable companies'
database. It has also enabled the cybercriminal to lead the victims to believe
that they are disclosing sensitive personal information to an original or
legitimate business for example sometimes as a response to an e-mail asking to
update billing or membership information and sometimes it takes the form of an
application to an Internet job posting which is fraudulent in nature.
to the All Party Parliamentary Group, the available research, both in the UK and
globally, indicates that identity fraud is a major and growing problem because
of the escalating and evolving methods of gaining and utilizing personal
information. Subsequently, it is expected to increase further over the coming
years. It is an issue which is recognized in the highest levels of
Plastic Card Fraud
Plastic Card Fraud is to obtain money by using the unauthorized use of plastic
or credit cards, or the theft of a plastic card number. According to APACS
(analysis of policing and community safety framework), the UK payments
association, plastic card losses in 2011 was £341m, of which £80m was the result
of fraud abroad (Financial fraud action UK, 2012). This typically involves
criminals using stolen UK card details at cash machines and retailers in
countries that have yet to upgrade to Chip and PIN.
The biggest fraud type in
the UK is card-not-present (CNP) fraud. In 2011 65% of total losses was CNP,
which was £220.9 Million (down by 3%) (Financial fraud action UK, 2012). CNP
fraud encompasses any frauds which involve online, tele-phone or mail order
payment. The main problem in countering this type of fraud is that neither
the cardholder nor the card is present at a physical till point in a shop at the
time of deal. There are a numerous of methods that fraudsters usually use for
obtaining both cards and cardholder details, such as hacking companies, sending
spam e-mails, or phishing database, as aforementioned.
Internet Auction Fraud
Internet auction fraud is when items bought are stolen or fake goods, or when
seller advertises non-existent items for sale which means money is paid for but
never arrives to the buyer. Fraudsters sometime use money transfer services or
online payment as it is easier for them to receive money without revealing their
true identity to the customer. The classic example of criminals relying on the
anonymity of the internet is auction fraud. According to auction fraud 2013,
some of the most common complaints involve:
Cyber Crimes under IT Act, 2000
Transmission or publication of obscene material
- Buyers receiving goods late, or not at all
- Sellers not receiving payment
- Buyers receiving goods that are either less valuable than those
advertised or more importantly different from the original description
- Failure to disclose relevant information about a product or the terms of
sale. These fraudulent sellers use stolen IDs when they register with the
auction sites, therefore to trace them is usually very difficult tasks.
Section 67 of the said Act punishes transmission or publication of
obscene/sensitive content in electronic form. Imprisonment of a term upto three
years and fine is prescribed which may extend upto Rs.5.00 Lacs on first
Transmitting or publishing sexually explicit acts in electronic form
Section 67A provides punishment for transmitting or publishing obscene/sensitive
digital content containing sexual explicit acts. This could be any MMS or short
clips or adult content videos or images including self -clicked images. As per
67A of I.T. Act punishment of imprisonment of a term which may extend to five
years and fine which may extend upto Rs.10.00 Lacs on first conviction.
Child pornography and child grooming
Section 67B punishes exploitation, child pornography or child grooming. This
Section was added by IT (Amendment) Act, 2008. According to this Section, if any
person publishes or transmits material depicting children in sexually explicit
acts in electronic form or creates images text, collects, seeks, downloads,
advertises, promotes or distributes content that depicts children in obscene or
in sexually explicit manner, such person is punishable with imprisonment for a
term which may extend upto five years and imposed fine which may extend upto
Rs.10.00 Lacs. The said Section also provides that if any person entices
children into online relationship with one or more children for sexually
explicit acts or in a manner that can offend a reasonable adult, or facilitates
abusing children online or records in electronic form own abuse or that of
others relating to sexual explicit act with children is punishable on first
conviction with imprisonment for a term which may extend upto five years and
fine upto Rs.10.00 Lacs.
Violation of privacy
Section 66E of I.T. Act provides punishment for violation of privacy. Whoever
intentionally or knowingly captures or publishes or transmits the images of a
private area of any person without his or her consent in which violates the
privacy of that person is punishable with imprisonment which may extend upto
three years with fine not exceeding Rs.2.00 Lacs or both.
Computer related offences
According to Section 66 of I.T. Act, if any person dishonestly or fraudulently
does any act mentioned in section 43, such person is punishable with
imprisonment for a term which may extend upto three years or with fine which may
extend upto Rs.5.00 Lacs or both. Section 43 covers those cases where-
- a person unauthorised access to a computer (hacking)
- downloads or copies any data or database (data theft),
- introduces any virus into a computer, damages or causes to be damaged
any computer, data, database or program
- disrupt, causes denial of access attacks (DOS attacks)
- provide any assistance to a person to facility access to a computer in
contravention of the provision of this Act
- charges services availed by a person to the account of another person by
tampering or manipulating of any computer,
- destroys, deletes or alters any information residing in a computer
resources or diminishes its value or utility or affects it injuriously by
- steals, conceals, destroys or alters or causes any person to do so, any
computer source used for a computer resource with an intention to cause
Section 66C deals with punishment for identity theft. Any person who
fraudulently or dishonestly makes use of electronic signature, password or other
unique identification feature of any person is punishable with imprisonment for
a term which may extend upto three years and fine which may extend upto Rs.1.00
Cheating by personation
If a person garbs fake identity of another person and cheats another person, he
is said to commit cheating by personation. This could be committed through
blogs, fake profiles, or use of misleading webpages or email addresses, fake
Protection of Children from Sexual Offences Act, 2012 (POCSO):
In addition, the POCSO Act was enacted in year 2012 to provide legal protection
against sexual assault, sexual harassment and child pornography.
Evolution Of The Pocso Act, 2012
In 2007, a survey was once directed by MWCD, in which 53% of complete infant
populace had been the sufferers of toddler abuse. At the give up of inquiry,
99.6% human beings agreed to have rules in opposition to child abuse. The POCSO
bill used to be presented and later accepted by both houses of parliament
on 22nd may, 2012 and came into effect from Children's day. POCSO Act,
2012 was passed to defend children from sexual offences while additionally also
keeping in mind to secure the interest of child at each and every stage of
Introduction Of The Pocso Act, 2012
In order to control the obnoxious crimes of sexual nature against children
through strict legal provisions, the Ministry of women and child development
promoted the Introduction of the Protection of Children from Sexual Offences
Act, 2012. The act defines a child as any person below the age of 18 years, and
regards the best interests and welfare of the child as being of paramount
importance at every stage, to ensure the healthy, physical, emotional,
intellectual and social development of the child.
It defines different forms of sexual abuse, penetrative and non-penetrative
assault, as well as sexual harassment and pornography, and deems such sexual
assault to be aggravated under certain circumstances, such as when the abuse
child is mentally ill or when the abuse is committed by a person in a position
of trust or authority vis-à-vis a child, like a family member, police officer,
etc. Many people are involved in child trafficking for sexual purposes and are
also punishable under the provision relating to abetment in the act.
Salient features of the Act and its amendment
The Act is gender neutral and regards the quality pursuits and welfare of the
child as be a counted of paramount importance at each stage so as to ensure
certain the healthy physical, emotional, intellectual and social development of
Offences covered under the Act:
- The Act defines a child as any person below eighteen years of age, and
regards the nice and best interests and pastime and well-being of the child
as being of paramount importance at each and every stage, to ensure the
certain the healthy physical, emotional, intellectual and social development
and improvement of the child.
- It defines distinctive varieties of sexual abuse, along with penetrative
and non-penetrative assault, as well as sexual harassment and pornography,
and deems a sexual assault to be aggravated under certain situations, such
as when the abuse is committed by a person in a position of trust or
authority or when the child is mentally abused vis-à-vis the child, like a
family member, police officer, teacher, or doctor.
- People who traffic children including the small ones also for sexual
purposes are additionally punishable beneath the provisions referring to the
abetment in the Act. The Act prescribes stringent punishment graded as per
the gravity of the offence, with a most time period of rigorous imprisonment
for life, and fine.
- It defines "child pornography" as any visual depiction of sexually
explicit behaviour involving a child which consist or include photograph,
video, digital or computer generated image undifferentiated from an actual
child, and image created, adapted, or modified, but appear to depict a
Penetrative Sexual Assault (Section 3)
- Penetrative Sexual Assault (Section 3)
- Aggravated Penetrative Sexual Assault (Section 5)
- Sexual Assault (Section 7)
- Aggravated Sexual Assault (Section 9)
- Sexual Harassment of the Child (Section 11)
- Use of Child for Pornographic Purposes
A person is said to commit "penetrative sexual assault" if
- he penetrates his penis, to any extent, into the vagina, urethra, mouth
anus of a child or makes or force the child to do so with him or any other
(b) he inserts, to any extent, any object or a part of the body, not being
the penis, into the vagina, the urethra or anus of the child or makes or force
child to do so with him or
- he manipulates any part of the body of the child so as to cause
penetration into the vagina, urethra, anus or any part of body of the child or
makes the child to do so with him or any other person; or
- he applies his mouth to the penis, vagina, anus, urethra of the child or
makes the child to do so to such person or any other person.
Sexual Assault (Section 7)
Whoever, with sexual intent touches the vagina, penis, anus or breast of
the child or makes the child touch the vagina, penis, anus or breast of
such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to
commit sexual assault.
11. A person is said to commit sexual harassment upon a child when such person
with sexual intern:
- utters any word or makes any sound, or makes any gesture or exhibits any
part of body with the intention that such word or sound shall be heard, or such
object or part of body shall be seen by the child; or
- makes a child exhibit his body or any part of his body so as it is seen
person or any other person; or
- shows any object to a child in any form or media for pornographic
- repeatedly or constantly follows or watches or contacts a child either
through electronic, digital or any other means; or
- threatens to use, in any form of media, a real or fabricated depiction
electronic, film or digital or any other mode, of any part of the body of the
child or the
involvement of the child in a sexual act; or
- entices a child for pornographic purposes or gives gratification there
Any question which involves "sexual intent" shall be a question of
Sexual Harassment of the Child (Section 11)
Use of Child for Pornographic Purposes (Section 13)
13. Whoever, uses a child in any form of media (including programme or
advertisement telecast by television channels or interne or any other electronic
form or printed form. whether or not such programme or advertisement is intended
for personal use or for distribution), for the purposes of sexual gratification,
Punishments for Offences covered in the Act
- Representation of the sexual organs of a child;
- usage of a child engaged in real or simulated sexual acts (with or
- the indecent or obscene representation of a child,
shall he guilty of the offence of using a child for pornographic purposes.
Explanation:—For the purposes of this section, the expression "use a child"
include involving a child through any medium like print, electronic, computer or
other technology for preparation, production, offering, transmitting,
facilitation and distribution of the pornographic material.
- Penetrative Sexual Assault (Section 3) on a child - Not less than ten
years which may additionally extend to imprisonment for life, and fine
(Section 4). Whoever commits penetrative sexual assault on a child below
sixteen years of age shall be punished with imprisonment for a term which
shall no longer be less than twenty years, however which might prolong to
imprisonment for life, which shall imply imprisonment for the remainder of
natural life of that person, and shall also be liable to fine.
- Aggravated Penetrative Sexual Assault (Section 5) — Not less than twenty
years which may additionally extend to imprisonment for life, and fine
- Sexual Assault (Section 7) i.e. sexual contact without penetration — Not
less than three years additionally which might extend to five years, and
fine (Section 8)
- Aggravated Sexual Assault (Section 9) by a person in authority — Not
less than five years additionally which might get extended to seven years,
and fine (Section 10)
- Sexual Harassment of the Child (Section 11) — Three years and fine
- Use of Child for Pornographic Purposes (Section 14) — Not less than Five
years and fine and in the event of subsequent conviction, seven years and
fine Section 14 (1)
- Use of child for pornographic purposes resulting in penetrative sexual
assault : Not less than 10 years (in case of child below 16 years, not less
than 20 years)
- Use of child for pornographic purposes resulting in aggravated
penetrative sexual assault : Not less than 20 years and fine
- Use of child for pornographic purposes resulting in sexual assault : Not
less than three years which might additionally extend up to five years
- Use of child for pornographic purposes resulting in aggravated sexual
assault : Not less than five years which might additionally extend to seven
- Any person, who stores or possesses pornographic material in any
structure involving a child, however fails to delete, ruin or destroy or
report the same to the designated authority, as may additionally be
prescribed, with an intention to share or transmit child pornography - Fine
of not less than Rs
5,000; in the event of second of subsequent offence, fine not less than Rs
- Any person, who stores or possesses pornographic material in any
structure involving a child for transmitting or propagating or exhibiting or
displaying or distributing in any manner at any time except for the purpose
of reporting, as might also be prescribed, or for use as evidence in court,
shall be punished with imprisonment of either description : Up to three
years of imprisonment, or with fine, or both.
- Any person, who stores or possesses pornographic material in any form
involving a child for commercial purpose shall be punished on the first
conviction: Not less than three years of imprisonment which might get
extended to five years; or with fine or with both. Second or subsequent
conviction: not less than five years and up to seven years and also
In conclusion, it is submitted that the country merely at the threshold of the
technology revolution and the impact of cybercrime on the security and economy
has not yet been fully exhaustive. The change and increase in technology have
been fast and energetic for the last few years. Even for the computer canny
person, the change has been quite distracting.
Bearing in mind the impact of
cybercrimes and having the knowledge of the fact that traditional criminal
activities have been helped by such technological advancement, for e.g. more
efficient mobilization of organized crimes, drug trafficking, prostitution and
racketeering, it is respectfully advised that we cannot relax or stop our
persistent efforts to police cyberspace and to establish effective cyber laws in
order to enable us to harness and , master ,improve Internet technology for the
good of society for long time.
We can not forget that cybercrimes are the most
dangerous of all the crimes because it is causing loss in magnitude of
billions. It can be committed very easily from any part of the world without
disclosing identity. This will surely create very much difficulty collecting,
investigating, evidence and successful prosecution.
It is submitted that with the growth of the protective technology the growth
of internet is direct. If cybercrimes are not checked at right time then the
growth of internet is of no use. It needs to be remembered that we need to have
global approach towards combating the cybercrimes must also be at global level
because terrorism has become a global phenomenon. All criminal justice systems
of the world should come together at one platform to solve the burning problem.
The Internet is synonymous to the high seas. No one owns it, yet people of all
countries use it. It would perhaps good so as to minimize the discrepancies in
application of such laws by unification of laws. This is important considering
the increase of commercial activities on the Internet. Changes need to be made
to the existing Information and Technology Act 2000 so that the numerous
problems caused by the Internet can be combat.
POCSO Act not only allow justice for children who are victims of sexual offences
but also considers the best interests and well-being of the child. As it is
mention in the act that the child should not be taken to the police station
during investigation, clearly taking care of child's mental health. For speed
trial special courts has been established. Upon receiving a complaint or on the
police report, special courts can take cognizance measures. To allow the parent
and child to be present in the court there should be a friendly court created.
The fact that the act mainly focuses on the girl child rather than boy child
makes the act gender bias from interpretation. Sexual offence can happen with
both girl and boy child. There are numerous pf cases where children do not tell
their parents about the abuse. Children are very much afraid of the criminal
that is why they don't feel to tell about tis to their parents. Social awareness
will play a vital role in order to encourage the children and parents to report
the case on a large scale.
Written By: Smita Pandey
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, 1st Year, B.A.LLB, SS Khanna Girls' Degree College,