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Cyber Laws And POCSO Act

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 money.

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.

Introduction
Technological progress is like an axe in the hands of a pathological criminal.-Sir Albert Einstein [1]

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.[2]

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[3]

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 POCSO ACT.


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 [4]. 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)[5]. Such crimes may threaten nation's security and financial health. [6]

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 or otherwise.
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.[7]

A report estimates the annual damage to the global economy at $445 billion.[8]

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.[9]

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 30 states.

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.[10]

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 following words:
  1. Computer crime: A crime in which the criminal uses special knowledge about computer technology.
  2. Cybercrime: A crime in which the criminal uses special knowledge of cyber space.

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.[11] 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 data.[12]

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 related rights.[13]

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 drawn.

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:
 whoever 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.[14]

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 important.

Thus the cybercrime can be classified on the basis of victims as following:
  1. Crime affecting Individual
  2. Crime affecting economy
  3. Crime affecting national security

Crime affecting individual
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 boundaries.

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 cybercrime.

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 issues.

Phishing

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.

The 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 hooked.

Spam

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).[15]

Hacking

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 (Year, 2006).[16]

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 stop (Early, 2010).[17] 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 Cyberbullying, 2013).[18]

Identity Theft

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.

According 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 Government.[19]

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.[20] 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.[20]

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:
  • 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.

Cyber Crimes under IT Act, 2000
Transmission or publication of obscene material
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 conviction.

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-
  1. a person unauthorised access to a computer (hacking)
  2. downloads or copies any data or database (data theft),
  3. introduces any virus into a computer, damages or causes to be damaged any computer, data, database or program
  4. disrupt, causes denial of access attacks (DOS attacks)
  5. provide any assistance to a person to facility access to a computer in contravention of the provision of this Act
  6. charges services availed by a person to the account of another person by tampering or manipulating of any computer,
  7. destroys, deletes or alters any information residing in a computer resources or diminishes its value or utility or affects it injuriously by any means,
  8. 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 damage.
     
Identity theft
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 Lac.

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 images, etc[21]

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[22]. 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 judicial process.

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.[23]

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 the child.
  • 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 child;'[24]
     
Offences covered under the Act:
  • 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 (Section 13)

Penetrative Sexual Assault (Section 3)
A person is said to commit "penetrative sexual assault" if
  • he penetrates his penis, to any extent, into the vagina, urethra, mouth or anus of a child or makes or force the child to do so with him or any other person; or (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 the 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:
  1. utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or
  2. makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or
  3. shows any object to a child in any form or media for pornographic purposes; or
  4. repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or
  5. threatens to use, in any form of media, a real or fabricated depiction through 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
  6. entices a child for pornographic purposes or gives gratification there for.
Explanation: Any question which involves "sexual intent" shall be a question of fact.
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, which includes:
  • Representation of the sexual organs of a child;
  • usage of a child engaged in real or simulated sexual acts (with or without penetration):
  • 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" shall include involving a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing. facilitation and distribution of the pornographic material.[25]

Punishments for Offences covered in the Act
  • 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 (Section 6)
     
  • 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 (Section 12)
     
  • 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 years
     
  • 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 10,000.
     
  • 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 fine.[26]

Conclusion
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.

Reference:
  1. 6/14/2018 Efficacy of the POCSO Act, 2012 in Curbing Victimization of Children in the Offence of Child Pornography – Rostrum's Law Review
    https://rostrumlegal.com/journal/efficacy-of-the-pocso-act-2012-in-curbing-victimization-of-children-in-the-offence-of-child-pornography/
  2. https://www.britannica.com/topic/cybercrime.
  3. do
  4. do
  5. Halder, D., & Jaishankar, K. (2011) Hershey, PA, USA: IGI Global.
  6. Internet Security Systems. March-2005.
  7. Cyber Warfare And The Crime Of Aggression: The Need For Individual Accountability On Tomorrow'S Battlefield
  8. Cyber crime costs global economy $445 billion a year: report
  9. http://www.csi-india.org
  10. https://www.britannica.com/topic/cybercrime
  11. https://shodhganga.inflibnet.ac.in/bitstream/10603/203654/8/08_chapter%203.pdf
  12. The Criminal Aspect in Cyber Law in The Indian Cyber Law, Suresh T. Vishwanathan, (2001) Bharat Law House, Jaipur Page 7
  13. http://www.conventions.coe.int.Treaty
  14. http://www.nalsarpro.org/CL/Modules/Module4/Chapter-1.pdf.
  15. Anti-Phishing Working Group (APWG), 2013. Global Phishing Survey: Trends and Domain Name Use in 1H2013. http://docs.apwg.org/reports/APWG_GlobalPhishingSurvey 1H2013.pdf (accessed December 2013).
  16. CIFAS, The UK's Fraud Prevention Service, 2012. http://www.cifas.org.uk/ (accessed
    December 2013).
  17. Council of Europe (CoE), 2001. Convention on Cybercrime. Budapest, 23.11.2001, http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm (accessed December 2013).
  18. Early, J.R., 2010. Cyber-bullying on increase. http://www.tmcnet.com/ usubmit/2010/02/07/4609017.htm (accessed January 2014).
     
  19. Financial fraud action UK, 2012. Fraud: The Facts 2012. The definitive overview of pay-ment industry fraud and measures to prevent it,  http://www.theukcardsassociation.org.uk/wm_documents/Fraud_The_Facts_2012.pdf (accessed January 2014).
  20. Gordon, S., Ford, R., 2006. On the definition and classification of cybercrime. J. Comput.Virol. 2 (1), 13–20.
  21. https://www.childprotectionindia.com/cybercrimes-under-it-act-2000.php
  22. DECODING POCSO The Protection of Children against Sexual Offences Act easily explained available at https://www.satyamevjayate.in/sitemap.aspx
  23. National commission for protection of child rights government of India, introduction to POCSO available at https://www.ncpcr.gov.in/index1.php?lang=1&level=1&&sublinkid=14&lid=607
  24. .https://vikaspedia.in/education/policies-and-schemes/protection-of-children-from-sexual-offences-act
  25. 8.1 ICPS-POCSO_ACT.pdf
    • Cybercrime: Talat Fatima, (2011) Eastern Book Company, Lucknow. Page 89
    • The Criminal Aspect in Cyber Law in The Indian Cyber Law, Suresh T.Vishwanathan, (2001) Bharat Law House, Jaipur Page 7.
    • http://www.conventions.coe.int.Treaty.
    • Cyber Crime and National Security: The Role of The Penal and Procedural Law by Laura Ani
    • Joga Rao, S.V., Law of Cyber Crimes, 2004
    • http://www.nalsarpro.org/CL/Modules/Module4/Chapter-1.pdf
    • Cybercrime: Talat Fatima,(2011) Eastern Book Company Lucknow. Page 91.
    • Laws on Cyber Crime: P .K. Singh, (2007) Book Enclave, Jaipur, Page 48
    • Laws on Cyber Crime: P .K. Singh, (2007) Book Enclave, Jaipur, Page 58.
Written By: Smita Pandey, 1st Year, B.A.LLB, SS Khanna Girls' Degree College, Allahabad

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