Cyber offenses are crimes that include computers and networks. Computer can be used in committing crime, or may be a target of crime. Offenses that are committed against individuals or groups for criminal purposes are deliberately committed to damage the victim’s reputation or to cause physical or mental damage, or to harm the victim directly or indirectly. Such crimes can endanger the safety and financial health of such crimes using modern telecom networks like internet (chat room, email, notice board) and mobile phones (SMS, MMS). Issues related to these types of crimes, especially hacking, copyright violations, child pornography and child sexual harassment issues have become high profile. The misinterpretation of confidential information or illegal disclosure also causes confidentiality problems. Cyber crime is all crimes that include computers and networks. In some cases, computers can be used to commit crimes, and in other cases, computer can be the main part of the crime. (Legal activities on computer are not considered a cyber crime). (Traditional crimes can be carried out using computers, but cyber crimes include schemes like fishing and viruses.)

Types of cyber crime in India

1. Cyber crime against person
2. Cyber crime against property
3. Cyber crime against government
4. Cyber crime against society

1. Cyber crime against person: In this category, crimes against a person are committed through electronic services. Some crimes in this category are as follows:

A. Cyber oppression: Harassment means unwanted or obsessed attention to another person by a person or group. Cyber oppression includes threats through computer technology such as internet, email, SMS, webcam, phone call, website or video.

B. Cyber Crime Hacking: It means achieving unauthorized access to computer systems.

C. Cracking: Cracking refers to digitally removal of copyright safety code, which prevents copied or piyated software from running on computers on computers that have not been allowed to run by software sellers. The person doing this work is called a cracker.

There is a difference between a hacker and cracker. Hackers use their knowledge to find flaws in the safety of the system, while crackers use their knowledge to break the law.

D. defamation: This includes the action of harming someone’s good reputation through computer or electronic services.

E. Online fraud: This includes the victim’s confidential details such as stealing banking credentials using fishing sites and then the Nigeria lottery scam such as the Nigeria lottery scam such as the Nigeria lottery scam such as the online lottery cheating, online lottery cheating.

F. Hair sexual abuse material: This includes electronic devices and services use to create, distribute or access minor children sexually abused children.

G. Spoofing: Spoofing means imitation of something, while exaggerating its characteristics with some personal gain or profit. User Identification Spoofing can describe a situation in which a person or program successfully assumes pseudonym (ie attempts to claim to be presented as someone that he is not, by incorrectly presenting data); This can be done through email or SMS or WhatsApp.

2. Cyber crime against a person is committed against a person’s property through electronic services, in this category. Some crimes in this category are as follows:

A. Sending virus: A computer virus is a malware program that represents itself in another computer program, disk drive, files or boot sectors of hard drives. Once the replica of this so -called virus is successful, the affected areas are called “infected”. Hackers typically send viruses to the target system through email attachment. When the victim opens the attachment, the virus spreads throughout the system and slows down your system.

B. Cyber squatting: squatting means illegally occupying a deserted place. Cyber squatting is the condition where two or more people claim the same domain name or any service available on the Internet, such as Facebook profiles, etc. The hacker claims that he had registered the name before another person or he owns the Twitter handle.

C. Cyber barbarity: Vandalism involves the action of deliberately destroying or damaging data when network service is unavailable.

D. intellectual property crime: Intellectual property is an intangible property which is the result of creativity, such as copyright, trademark, patent etc. Intellectual Property Rights (IPR) Crime is any illegal task that is completely or partially deprived of the owner from his rights. These are the most common crimes in India and include software theft, patent, design, trademark, copyright violation, theft of source code, etc.

3. Cyber crime against government institutions: In this category, crimes are committed against the government using internet features.

A. Cyber War:  Cyber War is an internet -based conflict that involves politically motivated attacks on information and its respective systems. It can neutralize official websites and networks, interrupt or deactivate essential services such as internet connection, steel or important services, even classified information such as Sensex details on official websites and can block the payment gateway such as the payment gateway.

B. Cyber terrorism: Cyber terrorism is a legal sector under which they implement cyber terrorism, which occurs electronically. Thus, crimes against individual, business organizations and the government themselves are crimes. Now a lot of our life is electronically accessible – from your social security number to your bank account, medical records and more in job application. With increased feature in technology use, we have tried to some extent, as it is very difficult to stop every example of cyber terrorism.

Example: Terrorism can occur on public internet, personal computer server or even safe government networks. There are many ways by which a criminal can incite fear and violence through electronic means. Buying a computer is very less expensive than reaching a bomb or making bombs, making this approach attractive to many potential criminals around the world, it can provide anonymity and can be done far away from the target. For some examples, consider these situations. Domestic terrorists can infiltrate a private server of a corporation and steal business secrets, banking information or private data of their employees.

Possible results of cyber terrorism: Experts of cyber terrorism have stated that the possible damage caused by these dangers can be exaggerated, but there is some disagreement in it. If it is successful, our old computer network of the national government can be understood. Bombings can be exploded or deactivated, private data can be given to our enemies. This may not be an accurate assessment of attention.

4. Cyber crime against society

An illegal activity carried out with the intention of damaging cyber space, which can affect the whole society or a large number of people. Below are crimes under this category.

A. Online gambling: The word gambling reflects such tasks in which a chance for money. Online gamble is the most attractive and fastest growing business today. It is included in the list of cyber crimes in India. It is also called internet gambling or i-jua. Cyber crime incidents such as online lottery scam (especially Nigeria lottery scam), online jobs, ie working from remote places, etc.

B. Cyber smuggling: The term smuggling reflects business activities that are illegal and restricted by cyber crime law. Cyber smuggling is done using computers and/or computer services.

Regarding cyber crimes in India

Cyber crimes are increasing day by day due to widespread use of internet in India. To deal with this, the Government of India (GOL) has implemented the Information Technology Act, 2000, which was created with the primary purpose of creating a competent environment for commercial use of information technology. There are many different crimes related to the Internet which have been considered punishable under the IT Act and the IPC (Indian Penal Code). A part of this act is shown below:

1.Cyber offense under IT Act:

  • Article 65: Tampering in computer source documents.
  • Article 66: Hacking with computer systems, data changes.
  • Article 67: Punishing obscene information.
  • Article 68: Power to instruct the controller.
  • Article 69: Instructions to provide facilities to a customer to decry to the information.
  • Article 70: Unauthorized access to protected system.
  • Article 71: Penal for incorrect representation.
  • Article 72: Violation of privacy and privacy.
  • Article 73: Publishing false digital signature certificate.

Note: Section 66A has been removed.

Recently such an incident related to this section has happened. A 21 -year -old girl from Palghar in Maharashtra (who is near Virar) was arrested on November 19, 2012 for putting a post on Facebook, protesting against the bandh due to the funeral of Bal Thackeray (head of former Chief Shiv Sena political party) in Mumbai. Also, his friend was arrested for “like” that post. He was initially arrested under Section 295A of the Indian Penal Code (IPC), who was arrested and arrested under Section 66A of the Information Technology Act, 2000. However, a local court later withdrew all the allegations against the girls.

2. IPC and Cyber Crime under Special Laws: 

  • Section 503 of IPC: Sending threatened messages by email.
  • Section 499 of IPC: Sending derogatory messages by email.
  • Section 463 of IPC: Forgery of electronic records.
  • Section 420 of IPC: Cyber fraud of fake websites.
  • Section 463 of IPC: Email Spoofing.
  • Section 383 of IPC: Web-Jacking.
  • Section 500 of IPC: Sending messages by email.

3. Cyber Crime under Special Acts: 

  • NDPS (Drugs and Manodahik Mate) Act: Sale of online drugs.
  • Lagor Act: Sale of online weapons and ammunition.

Remedies available for cyber crime victims

It happens that people of cyber crime do not know what to do and some people do not even report crime, thus hackers can target the next victim. If you have been made a victim of cyber crime, then you can report to the cybercrime cell of the area where the crime has happened. Cyber crime cells exist in almost all cities around the world. You can file a complaint of cyber crime with the following compulsory documents.

  1. In the case of cyber crime associated with email abuse, email bombing, etc., you have to submit the following documents: – Take out the extended header of derogatory email and submit soft copy of email and hard copy. Please note that the hard copy deposited should be absolutely matching with soft copy and the date and time of email should be recorded correctly. Never erase such email until the investigation of cyber crime is completed or the charges against the accused are framed.
  2. In case of cyber crime related to system hacking, you have to submit the following documents: – Server log (both soft copy and hard copy). – If your website has been spoiled, the duplicate copy (both soft copy and hard copy) of the damaged webpage (both soft copy and hard copy).- If your data is compromised, whether it is on server, computer or any network, submit the soft copy of the data and data by compromising.

Conclusion

As someone has rightly said, “Bytes are replacing bullets in the crime world”. Today is the need of, preventing the growth of cyber crime, its scope and complexity in India. Cyber space provides countless opportunities for cyber criminals, either to harm innocent people, or early money on the expenses of innocent citizens. The creative use of information technology has increased India’s profile and wealth in the world. Also, India ranks 5th in the world in cyber crime. According to the report of the US based Internet Crime Complaint Center last year, which has a partnership of the Federal Bureau of Investigation and National White Caller Crime Center. Even under the IT Act, investigation is not easy in India. This is mainly due to lack of “cyber forensics”. We know that forensic evidence is important in general criminal investigation. But collecting and presenting electronic evidence to prove cyber crimes remains a challenge for the investigation and prosecution agencies and judiciary. In short, India needs a good combination of laws and technology, which are in harmony with the laws of other countries and in the era of e-governance and e-commerce, in view of general safety standards, lack of general safety standards can cause havoc in global trade as well as military affairs.

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Sunil Saini

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