DECLARATION

I declare that the dissertation entitled “Cyber Crimes in India: An Analytical study of
Deterrent Perspectives and issues” is the outcome of research on my own conducted under the
supervision and guidance of Assistant Professor Dr. Shiv Raman, Amity Law School, Haryana.
I further declare that to the best of my knowledge the dissertation does not contain any part of any work which
has been submitted for the award of any degree either in this university or in other university. Further,
wherever any book, article, research work or any other work has been used to carry out this study, the same has
been fully and properly cited and acknowledged.

Place: SAGAR SANGWAN

Date: Enrollment No.-A50801821101

i
 CERTIFICATE

This is to certify that the research work entitled “Cyber Crimes in India: An Analytical study of Deterrent
Perspectives and issues” has been done by Mr. SAGAR SANGWAN, Enrolment No- A50801821101, under
the supervision and guidance by Dr. Shiv Raman, Assistant Professor, Amity University, Haryana in partial
fulfillment of the requirement for the award of degree of Master of Laws (LLM).
To the best of my knowledge the work done by the candidate is original.

I wish him all success in life.

Date:

Place:

ii
 Acknowledgment

This dissertation is the outcome of lifelong process of learning and growing, and is a result of
patience, hard work, guidance and caring. There were various highs and lows during last six
months of my research endeavor, when I was shaped, guided and rejuvenated by valuable ideas,
criticism, and suggestions by several individuals. It was all dark in the beginning, but dawn was
brought in life by all my loved and respected ones, who helped in every possible way to not only
complete this thesis, but also a mass many, great and unforgettable memories and here I hope
that I have remembered you all. First of all, I sincerely acknowledge my gratitude to almighty
God for his compassion and his bountiful blessings, which made me to see this wonderful
moment. It gives me immense pleasure to express my gratitude and thankfulness and
appreciation and intentness to Assistant Professor Dr. Shiv Raman, Amity Law School, Haryana
for his judicious guidance at every step and without this i would not have been able to complete
my research. He taught me the basics of research, the importance of research, unstinted
encouragement, keen interest, constructive criticism, and untiring help extended to me
throughout my research work. In last I would like to thank my family, whose life-long love and
support, encouragement, patience, and belief in me ultimately made this dissertation possible. I
owe to my loving and caring parents who always stood by me to recognize my potential. Their
silent prayers, aesthetic love and affection, support and steel belief in my capabilities have
enabled me to make this endeavor a successful one. Unending support and moral boosting from
loving siblings are always remembered.

SAGAR SANGWAN

ENROLL NO- A50801821101

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 Table of Contents

[Link]. Title Page No.

1A DECLARATION i
1B CERTIFICATE ii
1C ACKNOWLEDGEMENT iii

1. CHAPTER 1 INTRODUCTION 01
1.1 INTRODUCTION 01
1.2 CONCEPT OF CYBERCRIME 02
1.3 DEFINITIONS 07
1.4 ESSENTIALS OF CYBERCRIME 11
1.5 DIFFICULTIES TO DEFINING CYBERCRIME 13
1.6 REASONS FOR CYBERCRIME 14
1.7 TYPES OF CYBERCRIME 17
1.8 ADVENT OF INFORMATION 20
1.9 HISTORY OF COMPUTING MACHINES 20
1.10 SCOPE OF CYBERCRIME 25
1.11 STATEMENT OF PROBLEM 26
1.12 OBJECTIVES OF STUDY 28
1.13 RESEARCH METHODOLOGY 28
1.14 REVIEW OF LITERATURE 29

2. CHAPTER 2 - CYBER LAW AND IPR ISSUES: THE INDIAN 31

PERSPECTIVE
2.1 INTRODUCTION 31
2.2 HIGHLIGHTS OF THE INFORMATION 32
TECHNOLOGY ACT, 2000

iv
2.3 MEANING AND TYPES OF 34
INTELLECTUAL PROPERTY RIGHTS
2.4 COPYRIGHT ISSUES IN CYBERSPACE 35
2.5 FUNCTIONS OF A TRADEMARK 36
2.6 LOOPHOLES UNDER THE IT, TRADEMARK, AND COPYRIGHT ACT 37

3. CHAPTER 3- CYBER OFFENCES AND INDIAN PERSPECTIVE 38

3.1 CYBERCRIME AND OFFENCES UNDER INDIAN PENAL CODE 38
3.2 CYBERCRIME AND CRIMINAL LAW OF INDIA: 39
3.3 INFORMATION TECHNOLOGY ACT 42
3.4 NATURE OF THE I.T. ACT, 2000 44
3.5 CYBER CRIMES IN INDIAN PENAL CODE 51
3.6 INDIAN EVIDENCE ACT AND CRIMINAL PROCEDURE CODE 54

4. CHAPTER 4- FREEDOM OF SPEECH IN CYBERSPACE 56

4.1 INTRODUCTION 56
4.2 ARTICLE 19 OF THE INDIAN CONSTITUTION 56
4.3 TEST OF REASONABLENESS AND CYBERSPACE 57
4.4 GOVERNMENT RIGHT TO INTERVENE 59

5. CHAPTER 5- CRIMES IN CYBERSPACE: 62

5.1 INTRODUCTION 62
5.2 EVOLUTION & PRESENT DEVELOPMENT 65
5.3 NEED FOR CYBER LAWS 72
5.4 INDIAN PERSPECTIVE 74

6. CHAPTER 6- CONCLUSION AND SUGGESTION 80-82

6.1 CONCLUSION
6.2 SUGGESTION

BIBLIOGRAPHY 83-85

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List of Abbreviations

1. Organization for Economic Co-operation and Development (OECD)

2. International Business Machine (IBM)
3. Electronic Diskette Variable Automatic Computer (EDVAC)
4. Universal Automatic Computer (UNIVAC).
5. World Wide Web (www)
6. Indian Penal Code (IPC)
7. The Bureau of Police Research & Development (B.P.R. & D.)
8. The United Nations Commission on International Trade Law (UNCITRAL)
9. CCC stands for Course on Computer Concepts
10. NIXI (National Internet Exchange of India)
11. cyber-crime investigation cell (CCIC)
12. National Association of Software and Service Companies (NASSCOM)
13. cc-TLD (country code top-level domain)
14. ARPANET (Advanced Research Project Administration Network).

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LIST OF CASES

1. Shreya Singhal vs. Union of India.

2. Donoghue v. Stevenson
3. Ministry of Information & Broadcasting v. Cricket Association of Bengal
4. V.G. Row v. State of Madras

5. Reno v. ACLU
6. Nasscom v. Ajay Sood & Others
7. Joga Rao, S.V., Law of Cyber Crimes
8. Anvar PV vs. PK Basheer
9. Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh
10. Whitney v. California
11. DELFI AS v. ESTONIA
12. Bench: V. Gopala Gowda
13. Inc. v. Falwell
14. SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra
15. Abrams v. United States
16. Khushboo v. Kanniamal

vii
 CHAPTER 1:

INTRODUCTION

1.1 INTRODUCTION

Nature has gifted human beings with mind and brainpower which distinguishes them from other
creatures and makes man superior among other living creatures of the universe. The progress of
human civilization eventually led to the discovery and inventions of new ideas beginning from
the need for survival to luxuries of modern life.

Cyber law is the law governing computer and the Internet Technology. It does not need stating
that new communication systems and digital technology have made dramatic changes in our
lifestyles. In today's highly digitalized world almost everyone is affected. A revolution is being
witnessed in the way people are transacting. Almost all transactions in shares are in demat form.
Almost all companies extensively depend upon their computer networks preserving their data in
electronic form consumers are using credit card for shopping. Most people are using e-mails, cell
phones and SMS messages for communications. Businesses and consumers are increasingly
using computers to create transmit and store information in the electronic form instead of the
traditional paper documents. Digital signatures and e-contracts are fast replacing conventional
method of transacting business. With the coming of the computer age the industry has seen a
quantum leap in quality, quantity, and speed. There is modernization of lifestyle. However, the
technology is still developing and unfolding. It is the human mind which generates within men
desire for knowledge and capacity for reasoning which culminates into the growth of modern
science and technology Science as a branch of knowledge is a study of natural phenomenon by
way of observation, identification, description, experimentation and systematic investigation and
a thrust for reasoning to find out truth beyond usual concepts. Undoubtedly, it has given new
dimensions to human capabilities. Science and technology have substantially contributed to the
development of human society. Technology may precisely be defined as the application of
science or knowledge or any method of accomplishing or applying such knowledge for any task
using a technical process. Thus, its is' the human innovation in action that involves generation of
knowledge to extend human capabilities or satisfy emerging human needs and wants. It is,

1
therefore, evident that technology brings out changes in the natural world through scientific
application of knowledge for material comfort of human beings. As such, the development of
science and technology has universally benefited the world by providing all comforts of life.
Human activities in the present-day world are directly or indirectly affected by science in many
ways. The invention of radio, telephone, television, super-computers etc. and all other technical
mechanisms are essentially the outcome of the science and technological developments. Today,
we are living in the age of computers, which occupies a significant place in our day-to-day life.

1.2 CONCEPT OF CYBER CRIME

The concept of crime is not a modern one, but it has been existing from time immemorial.
However, time to time, the concept and nature of crimes have changed. In addition, the definition
of crimes has been changed accordingly. In the era of 20th century and with the advent of
computer, the criminals have changed the mode of committing the crimes from conventional
methods to computer-based methods. 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 a computer, has been around since 3500 B.C. in India, Japan, and China 1. Indian legal
system is now in a developed stage. Indian Legal system is enacting the law along with the
changing situation. As Prof. Allen has rightly contented that, the law is not only deals with
command but is something more. This view shows that the role of law is broader than the
command. This role of law is more relevant in the present situation. The criminal law closely
connected with each member of the society. In the age of information technology, cyber law is
need of hours. The cyber law means the law relating to the cyber-crime.

Cyber-crime is not defined particularly anywhere, cyber-crime in general does not differ from
crime in the conventional sense except the method adopted for commission of crime. The
definition of cyber-crime is not possible because there are different forms of misuse of
information technology. The ways of misusing information technology if finalize, then new ways
can be drawn by the expert. Therefore, the definition of cyber-crime can affect the interest of the
large society. Therefore, it is not possible to define the term cyber-crime. The conventional
definition and types of crime covers almost all cyber-crimes. Because the basic thing in the crime

1 Available at [Link] (Last Visited on 2022)

2
is same and one. However, the changes and development in society has hampered to enact the
new laws as like Information Technology Act 2000.
The term cyber law generally deals with all aspect of electronic communication and regulatory
aspect of internet. The cyber law is the branch of law, which regulates the legal aspect while
using internet. It means that anything concerns with, related to or any legal activity of the
internet user in the cyber space covered in the cyber law. The IT revolution has created a digital
world, which is the biggest challenge to legal system all over the world. Paperless contracts,
digital signature, online transactions have taken the legal world on the verge to think about the
new challenges, thus internet completely ignore geographical boundaries. Due to this digital
world, the criminals have also got the new ways to commit the crime, and this new generations
crime are known as a cyber-crime. Considering the transnational nature of the cyber-crime,
international community makes obligatory to State for enactment of cyber law. The initial
enactment specially deals with contract, which takes place through the internet in digital world.
A person seating in any corner of the world can communicate to other person without disclosing
his identity. Due to this nature of internet, it raised various challenges not only to the government
but also to the trade and individual of the entire world. Therefore, the legal system awakens and
required to make certain legislations to protect the interest of the entire society. Therefore, this
new branch of law is emerged because the conventional procedure to prevent the crime is useless
for offences committed through the computer or internet. The rules and regulation, which deals
with the cyber space internet and its regulation, are subject matter of the cyber laws.

Until 1999, India did not have any legislation to govern the cyber space. However, due to the
development in communication and e-commerce, internet makes impact on the cyber world. This
compels to the legal system to enact the rules to govern the cyber space. Due to the huge use of
internet, some alert nations of the world formulate the policy. India is one of the nations among
them. Indian legal system introduced certain enactment and amendment in criminal laws, which
can call a cyber law. However, cyber-crime is not different than the conventional crime, but it
needs certain new policies to regulate and control the cyber world.

The term cyber-crime is nowhere defined, this concept is varied because the crime which is
going to committed by using any means of communication or internet can be called as a
cybercrime. The misuse of the computer or the internet is not specific therefore, it is not possible

3
to define the cyber-crime specifically. To understand the concept of cyber-crime, it is necessary
to see the concept of crime, which is, attach with the computer and the internet. The concept of
cyber-crime is not radical different from the concept of conventional crime. Both include the
conduct whether act or omission which causes breach of rules of law and counterbalance by the
state2.

In initial period, the crime is quite different and depends on the will of the sovereign authority.
Now a days the crime is a social and political phenomenon, and it is as old as the human society 3.
Along with the development, the concept of the crime is legal and back by sanction. Now crime
means a legal wrong. Initially it is somewhere the religions wrong when the religious institutions
were powerful. There was no difference between sin and crime. However, along with the
development of State, the concept of sin was diluted and the sin or wrongful act term into a
wrongful act. This wrongful act now turns in to the concept of crime or offence. According to
Granville Williams, crime or offence is a legal wrong that can be followed by criminal
proceeding, which may result into punishment. The basic thing in criminality is that it is a
violation of criminal law. As per Lord Atkin “the criminal quality of an act cannot be discovered
by reference to any slandered but: is the act prohibited with penal consequences 3.” A crime is
said to be any act or omission accompanied which law prohibits. If anyone performs this conduct
is amount to the breach of law and he is subject to punishment.

Proprietary Articles Trade Association v Canada (AG)-

It is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council on
the Constitution's criminal law power under section 91(27). The Supreme Court unanimously
held that both measures were intra vires federal jurisdiction, by virtue of the federal criminal law
power. As to Lord Haldane's restrictive interpretation that had been previously enunciated in the
Board of Commerce case, Newcombe J said:
I am convinced that he never intended to suggest that Parliament might not competently find a
public wrong lurking or tolerated under the head of civil rights in a province which it is
necessary or expedient, according to its will and discretion, or, using Sir Matthew Hale’s

2 Cyber-crime- Law & policy perspectives, Dr. Mrs. K. Sita Manikyam (2009) Hind Law House, Pune. Page 40
3
Cyber crime by ParthasarathiPati
3 Proprietary Articles Tread Association V. [Link] Canada (1932)
4
expression, “by the prudence of law-givers,” to suppress, in the exercise of its authority over the
criminal law.

To constitute any crime there must be act or omission and that must be prohibited and
punishable. The term cyber-crime is creation of the information technologies word, now
information technology is an important part of the human life in present days without this
technology it is not possible to fulfill the basic needs of human being, though it is complicated in
nature but need of the hours. This use of computer or internet generated the term Cyber Crime.

Cyber-crime may say to be those species of which genus is the conventional crime and whether
the computer is either an object or subject of the conduct constituting crime. Any criminal
activity that uses a computer either as an instrumentality, target or a means for perpetuating
further crime come within the ambit of cyber crime 4 . The element of Actus Reus (such result of
human conduct as the law seeks to prevent) in internet crimes is relatively to identify but is very
difficult to prove. The fact of the occurrence of the act that can termed as a crime can be said to
have taken place when a person is making use of computer function, accessing data stored on a
computer or from a computer which has access to data stored outside, attempt to gain access
through internet or passes signals through various computers and made computers to perform a
function on the instruction which the person gave to the first computer in the chain. Such
function can be said to constitute Actus Reus, trying to login, even though attempts are useless.
For example, hackers have an automated system of trying passwords of different systems.

The cyber-crime, which is the new term, the cyber, is also newly generated term. When by using
the internet, anything going to be done in that cyber space, this is not found in physically
existence that is called a cyber space. When anyone uses this cyber space to committee the
crime, it is called a cyber-crime. Cyber-crime is not new, but it is as like the conventional crime.
Basically, the crime means any act, which is going to commit against the society and create an
alarm in the mind of society or create a fear in society. So cyber-crime means when any person
by using the internet or computer performs the criminal activity as provided in any criminal law,
that crime can be called as a cyber-crime. When the word cyber comes, it deals always with the

4 Available at [Link] (Last Visited on 2022)

5
computer or any network. When this computer or internet is used to commit a crime, it is
cybercrime. In cyber-crime computer is an instrument to commit the crime or it may be a target.

In the present era of rapid growth, information technology is encompassing all lifestyles all over
the world. These technological developments made the transition for paper to paperless
transaction possible. We are now creating new standards of speed, efficiency and, accuracy in
communication, which has become key tools for boosting innovations, creativity and increasing
overall productivity. Computers are extensively used in the storage of confidential data of
political, social, and economic or personal nature, which are of immense benefit to the society.
The use of Computers is increasingly spreading, and more and more users are connecting to the
internet. Due to this situation, it is an easy access to the internet and the computer. Therefore, the
criminals started to misuse the computer or internet for the criminal activates. The internet is a
source where anybody can easily access, manipulate, and destroy other information, these
activities are nothing but the cyber-crime.

A generalized definition of cyber-crime may be “unlawful act wherein the computer is either tool
or target or both, the computer may be used as a tool in financial crime or sale of the any illegal
articles. The computer may be the target when someone tries to unauthorized access to the
computer or any personal data; this kind of misuse of the computer or the computer networks is
called cyber-crime.

There is apparently no distinction between cyber-crime and conventional crime. However, on a

deep introspection we may say that there exists a fine line of demarcation in the involvement of
the medium in case of cyber-crime. The sine que non for cyber-crime is that there should be an
involvement, at any stage of the virtual cyber medium. Means the cyber-crime is subject to the
cyber space. Offences committed via Information technology are known as cyber-crime. This
information technology based on the cyber world, but computer does not subject to commit
cyber-crimes. However, the computer hand in hand with the internet has given birth to a new
generation of crime. In such computer crimes, the role of human hand is less while the automated
machines carry out the major activities. While the Internet is the wonder gift of science to
humankind, at the same time it becomes a haven for criminals.

6
The cyber world is the non-physical and the boundary less. Although, the computer world may
exist only in intangible form, it affects the physical and real environment. The shift of crime to
intangibles has a staggering impact on society, both socially and economically. This Social and
economic impact is all over the world because, due to internet and information technology, the
world becomes a global village. The internet is not subject to any state; therefore, the cyber law
and the cyber-crime cannot be subject to any country or State. Therefore, it is necessary to see
the global perspective of the cyber-crime. Being an international subject, all Nations has tried to
enact the laws regarding cyber-crime and tries to define the concept, though it is not possible to
define the cyber-crime, but it is necessary to define the cyber-crime for the execution of the
cyber laws.

1.3 DEFINITIONS

The cyber-crime is worldwide problem so various authority, national and international level tries
to define the term cyber-crime. Following are certain important definitions. The Oxford
Reference Online defines 'cyber-crime' as crime committed over the Internet. The Encyclopedia
Britannica defines 'cyber-crime' as any crime that is committed by means of special knowledge
or expert use of computer technology. So, what exactly Cyber Crime is. Cyber Crime could
reasonably include a wide variety of criminal offences and activities.

The words cybercrime and computer crime are use inter changeably in common parlance. The
word computer crimes have wider ambit as it entails not only crimes committed on the internet
but also offences committed in relation to or with the help of computers. Don B Parker
distinguishes between the concepts of computer crime and cybercrime and gives the definitions
of the terms in the following words.

1. Computer crime: A crime in which the perpetrator uses special knowledge about computer
technology.
2. Cyber Crime: A crime in which the perpetrator 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 perpetration, investigation or prosecution”. However,

7
the definition is not exhaustive as there are many acts, which can be called abusive activities
concerning the computer, but they are often not clearly illegal. Moreover, most of the
cybercrimes are committed via internet but the definition has no reference to it.

Cybercrimes can be plainly defined as “Crimes directed at a computer or computer system” But
the complex nature of cybercrimes cannot be sufficiently expressed in such simple and limited
term5.
The Organization for Economic Co-operation and Development (OECD) recommended the
working definition of cyber-crime “computer related crime is considered as any illegal, unethical
or unauthorized behavior relating to the automatic processing and the transmission of data6.”

This definition is also cannot cover the border aspect of the real nature of the Cyber-crime, while
defining the cyber-crime, it only covers the illegal activities pertaining to the data transmission.
However, the cyber-crime not only deals with the data transmission, but it also includes every
illegal activity via computer.

In 2001, The Council of Europe Convention 6

defines cybercrime in Articles 2-10 in four
different categories:
1) offences against the confidentiality, integrity and availability of computer data and systems.
2) computer- related offences.
3) content related offence.
4) offences related to infringements of copyright and related rights7.

This is not definition but it explanation of the cyber-crime, which cover four limbs in the illegal
use of the computer and the internet. The council has broadly covered all the activities in which
the privacy of some once going too violated by using the computer or related network. It also
covers the integrity. It uses the computer related crime means it use same word which cannot
give any precise meaning. This definition is very broader in sense cannot give any precise
meaning of the term cyber-crime.

5 Cybercrime: Talat Fatima, (2011) Eastern Book Company, Lucknow. Page 89

6 Available at [Link] (Last Visited on 2022)
7 Cyber Crime and National Security: The Role of The Penal and Procedural Law by Laura Ani
8
On all above definition, the conclusion can be drawn, that the cyber-crime is much border and
wide term, yet the correct definition of this term is not available. There are various cyber laws
enacted by the various Nation, but any nation cannot provide the unities Cyber Law that has
cover the complete concept of cyber-crime. The countries must enact the multiple laws to cover
the misuse of the computer and related crime.

Cyber Crime may be defined as the “act of creating, distributing, altering, stealing, misusing, and
destroying information through the computer manipulation of cyber space; without the use of
physical force and against the will or the interests of the victim8”

S.V. Joga Rao v. Law of Cyber Crimes –

The frequently changing ways in which we are using technology to communicate is having a
massive influence on our lives and that of family. Having a law that penalizes cyber flashing
would deter the to-be offenders, thus, paving a way for the creation of a safe and secured online
platforms for all.
Specific provisions would also act as a tool for the victims to report incidents of cyber flashing
and will also provide the authorities with a framework to deal with such offences. Required
training and awareness can also be undertaken for the police personnel and other stakeholders to
understand the situation better.

This definition has specifically contented the nature of cyber-crime, as the cybercrime is going to
commit in the cyber space. Thus, the basic thing in the cybercrime that it ever requires the
physical force. Whenever the person misuses the cyber space to commit, any illegal act that can
be called as a cyber-crime. It never requires the power or force, but it mere require the technical
knowledge. This aspect makes the difference between the cybercrime and the conventional crime
is some aspect, but not in full sense. Because there are various conventional crimes, in which the
force is not required.

8 Joga Rao, S.V., Law of Cyber Crimes, 2004

9
Indian legal system has enacted the Information Technology Act in the year 2000, but it has not
provided any definition of cybercrime. In Indian legal system only, this act is knowing as a cyber
law. However, the bill regarding this Act has 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 9” Some of the commonly spelt out
definitions of cybercrime are:
1. A criminal activity that involves unlawful access to or utilization of computer system.
2. Any illegal action in which a computer is use as a tool or object of a crime; in other words, any
crime, the means, or purpose of which is to influence the functions of a computer
3. Any incidents associated with computer technology in which a victim suffered or could have
suffered loss and a perpetrator, by intention made or could have made a gain.

4. Any violation of the law in which computer is a target of or the means for committing crime.
5. Any activity, which involves the unauthorized and unlawful access to or utilization of
computer system or network to tamper with the help of computers and the internet, can
broadly be called as cyber-crime10.

On these spelt, it shows the concept of the cyber-crime. However, any authority has not provided
the definition or even Act has not provided the definition of the cyber-crime. but on these
common points we can say that all the act which are going to be committed in the cyber-crime

are nothing but the part and the parcel of the conventional crime, which is not different from that.
While defining the cyber-crime, the basic is nothing but the illegal act and the unauthorized
access to any computer, which comes under the preview of the conventional crime. The
important aspect in the definition is that the act committed through the computer is basic, and
very few definitions refer the internet, but the cyber-crime is products of the internet and not
merely a computer. Therefore, the mere computer or the internet is not subject of the cybercrime,

9 Available at [Link] (Last Visited on 2022)

10
Cybercrime: Talat Fatima, (2011) Eastern Book Company Lucknow. Page 91.
10
but both things are part of the cybercrime. Therefore, it is difficult to define the cybercrime.
Basic reason behind it is that it is not different that the conventional crime and it cannot be
subject to any particular way of misusing of computer or the internet.

1.4 ESSENTIALS OF CYBER CRIME:

The term cyber-crime cannot define due to the critical nature of it because it involves the crime
relating to computer and computer techniques10. Therefore, it has not any specific ingredients
different from conventional crime apart from the techniques. Because development of
technology creates new way to commit the crime called the cybercrime has emerged which is
radically different from the conventional crime. This crime is the ill effect of the development of
internet regime. In view of the peculiar nature and repercussions of cybercrime, its
characteristics are altogether different from that of a conventional crime. The most striking
features of cyber-crimes are that they are relatively easy to commit, difficult to detect and even
harder to prove. This is the reason as to why these crimes have been characterize as low risk high
rewarding ventures for the cyber criminals who with basic computer knowledge and skill can
easily destroy valuable database causing huge loss or damage to the affected victims of the
crime.

Many a times even the victim affected by cyber-crime is unaware of its occurrence because of
lack of adequate skill and know how in handling the computer system. This is partly due to the
fact that cyber-crime can be committed even from a far distant place without the necessity of its
perpetrator’s physical presence at the scene of crime and partly because detection of these crimes
requires hi-tech skill which the investigators generally lack. This is more true in the case of
crimes like cyber pornography, cyber defamation deceit etc. The reluctance of victims to come
forward and file a police complaint further aggravates the magnitude of the problems of
cybercrime detection and control11.

Another feature of the cyber-crime is that it becomes more difficult to detect when perpetrators
thereof is an insider who is an employee working in the organization, company, or the enterprise.
The reason being that he is well conversant with the routine working system and has a good
10 Available [Link]/navneet/navneet-cyberlaw/MIR-012-B2 (Last Visited on 2022)
11 Bansal S.K.- Cyber Crime
11
understanding of the loopholes and availability of opportunities to commit the cybercrime
without leaving any trace for possible detection. Apart from the employees who are unhappy
with their employees for one reason or the other may tend to target the employee’s computer
system to take revenge similarly, business rivals may also try to have unauthorized access to
system of their computing counterpart and steal away confidential secret data from his computer
system for personal gain12.

Cyber-crimes have been characterized as high-tech offences because they are committed by the
abuse of computer networks and telecommunication technology. The range of such crime is wide
enough to affect the socio-economic and the legal rights of the people. Through, the use of
computer network system in itself is legal but the illegal actions in using the networks as a
medium are deemed illegal and punishable under the criminal law or the cyber law or both. Like
any other cyber-crime, the hi-tech cyber-crime committed through the computer
telecommunication networks has the following
1) The perpetrators as well as the victim both remain anonymous and difficult to be identified.
2) Many unspecified potential customers are used through they may be far away from the place of
crime.
3) Evidence against the crime is easy to erase thus rendering the victim helpless.
The consequences of cyber-crimes are far reaching. Certain cyber-crime is affecting the personal
record of the individual, which violate privacy right, in certain cases it may get the personal code
of the banking account and may cause huge financial loss. If the banking and financial sectors
affect, it may also upset marketing equilibrium or break down the same by denial of service.

1.5 DIFFICULTIES TO DEFINING CYBER CRIME:

12 U.N. Congress on prevention of crime & treatment of offenders held in viagna on April 10-17, 2000
12
Crime is the idea that shapes culture. The demands in community shift as the justice framework
supports individuals with respect to the evolving people's condition and desires. The technology
of communication has evolved in society, together with the growth. A human person, a living
being that is linked to this technology and needs to interact with each other. Every day human
life depends on the development of knowledge.

Computer is a twentieth-century technology. The types of information technology have radically

altered. In accordance with the utility of the machine, as some technology renders it better for
men, there are specific dangers. It takes cybercrime to the machine and this world. Cyber-crime
is thus unaware of the world of law before internet birth and not only includes acts that are used
to commit the traditional crime via the net but also those that are committed entirely and
exclusively via the internet. While certain cyber criminals are carried out extensively utilizing
the Internet, they are often related to the conventional criticism.

In its Manual on Electronic Crime Prevention and Regulation, the United Nations addressed the
question of interpretation by claiming that although specialists are universal, such interpretations
are practical and thus very different. The Council of Europe articulated a similar issue, and, in
the 2001 cyber-Conference, the Crime Committee voted to drop any concept of high-tech crime
that would enable each qualified authority to use its own interpretation in compliance with the
own legislative structure. Interestingly, however, the IT Act 2000 also omits the definition of
cybercrime or computer crime. This condition in India, while cyber law was implemented
recently in the Indian legal framework in 2000. Both the big U.S. and UK security regulations do
not include a cyber-crime concept. However, a circumvention and a full comprehension of
cybercrime would emerge from the taxonomy of such mysterious offenses. Throughout India, the
latest update to the IT Act of 2008 used the word 'computer-related violence,' which introduced a
significant number of cyber violence into the current crime register.

By such issue’s cybercrime cannot thus be established and the national or foreign authorities rely
on it. With respect to following any of the electronic crime’s laws of the world as a whole,
computer criminals, including property offenses, anonymity, protection offenses or human

13
freedom, are usually included in traditional criminals. Therefore, the precise concept of
cybercrime, as part of the traditional crime, is not relevant.

1.6 REASONS FOR CYBER CRIME

Crime is a societal trend and behind the crime there are many factors. Criminologists have
researched for multiple purposes, but the entire criminologist offers specific reasons. Cybercrime
is the invention of technology, and technology makes the lives of people simple, and anyone
without enough information is drawn to this technology. This system has several special features,
which enable the misuse of the crime system. Throughout his classical research, Prof.
H. L. A. Hart claimed that, throughout order to defend human beings from these actions, "the
principle of law" is important for unlaws that are offenses and that the rules of law are necessary.
Although high-tech gadgets are incredibly fragile, machines use the same comparison in cyber
space. You will quickly use this platform. Due to the abuse of computer systems, the damage
caused to the victim may be direct or indirect. Failure to establish foolproof systems for detecting
and defending innocent device users from cybercrime enables cyber offenders to perform illegal
activities through unabated networks without fear of getting captured and prosecuted on their
own. Although cybercrime cannot be explained in principle, the basic existence of this
technology, which has simple ways to conduct cyber-crime. The reasons for computers'
vulnerability to cyber-crime can be briefly described in the following13

1) Capacity to store data in comparatively small space

The machine has special characteristics like the capacity in comparatively limited spaces to store
massive details. Lack of pages in a C.D may be contained in a tiny microprocessor computer chip.
Rome. Rome. This storage capacity has ample room to erase or retrieve knowledge from a
physical or visual means, in a much simpler way, even though power is turned off, any data
contained in the ROM would stay ineffective. The accumulated data therein is not unreliable and
would stay infinite until it is lost or overwritten deliberately.
Computer is an electronic system with sophisticated technologies instead of manual acts by
people executing its purpose. The best benefit of computer-age technology is greater exposure to

13 Available at [Link] Visited on 2022)

14
knowledge services through the massive and robust media. Growing numbers of organizations
rebuild networks to provide their workers with open information.
World Wide Web knowledge sharing has created modern tools for fast and simple exposure to
knowledge worldwide. It has built a new text, speak, download system, etc. However, broader
knowledge control causes challenges such as securing and stopping improper usage of a data
device.

2) Wider access to information

Control where violations are not likely due to human negligence but due to complex technical
manipulations. Hidden details may be quickly intercepted by incorporating logic bombs or key
photos into access codes because a bank vault, which normally includes lakhs of rupees, is well
guarded from unauthorized entry by mis understanders since it comprises of very heavy
materials in a reinforced zoom secured by security personnel. Similarly, automated voice capture
will quickly trick biometric systems and circumvent all protection steps.

3) Complexity of computer system

The machine runs an operating system, and such structures compose of millions of instructions.
Such structures in effect. The human mind is fallible, and a slip can occur at any time. These
vulnerabilities, vulnerabilities and operating infrastructure was taken advantage of by cyber
criminals. Such offenders are named hackers who exploit the vulnerabilities of current
infrastructure and operating systems. Therefore, hackers are the terrifying adversary of Internet
and network protection, leveraging the nature of personal vengeance-led computer networks.
Sabotage of fraud, covetousness, or malice.

4) Negligence of Network users

The failure of the device is directly associated with human behavior, and it is very likely that
there will be no error or negligence on the part of the owner when maintaining the computer
network, which ensures that the operator may give a chance for the cyber criminals to obtain
unwanted or illegal access or control to computers. The access management and monitoring
mechanisms enable cyber criminals to intrude and capture valuable data or to delete it. They
encourage cyber criminals to take back seats. This specifically refers to major organizations
including banks, companies, government departments, etc. that are fitted with high technological

15
public access computing programs, which leave intelligence poachers or manipulators
completely vulnerable and unguarded due to the utter incompetence of their employees.

5) Non- availability or loss of evidence

In the meantime, modern data processing and network infrastructure has substituted conventional
approaches for storing and sharing knowledge or papers. Unlike typical crimes, the real
challenge facing policing departments and enforcement authorities, is whether to procure and
retain data. A credible record of cybercrime that may bear judicial examination to determine the
culpability of the cyber-accused is quite difficult to obtain 14
. In the meantime, new data
processing and network technology have substituted traditional solutions to information or paper
storage and sharing. Contrary to traditional offences, how to obtain and preserve evidence
represents the main obstacle confronting police forces and regulatory agencies. It is very
challenging to obtain a valid electronic criminal report and may face judicial scrutiny to assess
the electronic accused's guilt.

Unfortunately, there is no need to follow a modern techno-legal technique named cyber

forensics, which have been commonly known as machine forensics and network forensics. In the
compilation and delivery of qualified proof electro-evidence, scanning and recovery of relevant
information relating to the computer crime being prosecuted, forensic professionals play a
significant part. There are still some Gris areas that require cyber criminals to exploit evidence
and deceive the investigative agencies.

6) Jurisdictional Uncertainty15
Computer crimes within territorial boundaries that threaten viability and validity of the operation
of domestic laws that are usually centered on a regional or territorial authority are perpetrated by
means of the interconnecting computer network and, therefore, because of their transnational
existence, do not recognize regional limits. There is little uniformity in the legislation and
practice between the multiple nations to contend with computer crimes, a disparity of control is a
major issue for the country to combat computer-criminals. In certain instances, the development
of specific computer behavior in one nation is regarded as a felony, but not in another.

14 James R. Richards – Transnational Criminal Organization, cyber-crime & money Condensing

15 Conventional crime through computer e-book.
16
Cybercrime is a common word used in device or data networks with many criminals unlocks.
Computer fraud and cybercrime are essentially distinct but cannot be distinguished by the statute.
Classifying cyber-crime is therefore not easy. There are many approaches and forms to conduct
computer crime. Also, typical crime takes place through the machine or the Internet.

1.7 TYPES OF CYBER CRIME:

Cybercrime is a common word used in device or data networks with many criminals unlocks.
Computer fraud and cybercrime are essentially distinct but cannot be distinguished by the statute.
Classifying cyber-crime is therefore not easy. There are many approaches and forms to conduct
computer crime. Also, typical crime takes place through the machine or the Internet. The
definition of criminality is complex itself and especially nuanced as it comes to cyber-crime.
Cyber-crime may also be categorized in various respects. It may be identified in any felony by
utilizing a device without manipulating a machine. In all cybercrimes, the function of computers
is special, such that they can also be categorized on this basis and identified by perpetrator.
Computer function includes internal and outside human. Computer position the style or position,

therefore, is not subject to criminal law but rather the result is more important, therefore the
cybercrime may be defined as the following on behalf of victims on the basis of an unlawful act:

a) Crime affecting Individual

b) Crime affecting economy
c) Crime affecting national security

a) Crime affecting Individual

Of this kind, cybercrime began to occur. The most computer crimes that impact the victim are
committed. The perpetrator is the device consumer or anyone accessing the machine under the
name of the suspect of this cybercrime. The perpetrator gained entry to the other's device or
server and utilizes confidential information by breaching the victim's privacy right. The machine
is a significant and growing source of personal details or identity protection. The Internet and the
machine are evolving strategies for retrieving tremendous personal knowledge in limited time.

17
This method is able to be utilized in colleges, clinics, and companies, in the easy way and across
the entire world16.

Data accessibility in the cyber space, through hacking or other means of access will contribute to
a criminal violation of privacy. It is therefore a breach of the right to privacy, which the Supreme
Court of India holds to be a constitutional right. Now a day's telephone service companies utilize
their computer or the internet to store and distribute their customer's personal details. This form
of data will affect cybercrime mode. One significant aspect of computer crime is this creation of
privacy.

Criminals also stolen their identities and perpetrated theft and misrepresentation through this
form of computer crime. Trust in the legitimacy of a commercial agreement may be impaired by
these offences. Although the perpetrators of identity theft are very naive and ignorant of the
crime committed on his behalf, the police treat him with fear and confusion throughout the
inquiry. Cyber bullying is another form of this sort of abuse. In cyber, online harassment medium
such as the Internet is used to threaten or inappropriate communication with individuals.

The term cyber bullying applies specifically to the usage of online media such as twitter, online
mail, SMS, MMS, etc.

b) Crime affecting economy:

IT is increasing increasingly and is being implemented in all economic fields, including the
manufacturing, markets, and services. The usage of the internet for market and trade growth is
the time needed. For industry, the usage of internet and devices is e-commerce. In the high-tech
industry, this e-commerce offers numerous fast and cheap procedures. Therefore, ecommerce has
without problems eliminated the regional boundaries. As a consequence of this, the traders and
businesspeople were attracted to use this mode to move a huge quantity of capital. But it does not
have drawbacks either.

The company and the average guy need this technology to save money, but offenders use the
technology that the regular internet consumer does not realize because the system becomes more
advanced because harder to take out crime. Criminal practices such as hacking, and IP spoofing

16 Laws on Cyber Crime: P.K. Singh, (2007) Book Enclave, Jaipur, Page 48.
18
are the growing crime toward the economy. Fraud can usually take place by the usage of the
internet. Software piracy is the rising crime of one day. It is just about saving money behind
software piracy. Another way to conduct computer crime is virtual squatting. The key aim
behind these crimes is to obtain wrist.

c) Crime affecting National Security:

As criminal behavior enters cyberspace, it is called cybercrime toward national security that
impacts society and the country as a whole. One day, the internet can be used to disseminate
information. If the terrorist group employs these tactics to promote its agenda, national security
would be challenged. In fact, the telephone and information infrastructure systems itself are often
at considerable danger of criminal efforts to damage them.

This cyber-crime style challenges domestic and foreign viewpoints. This criminality is better
demonstrated by cyber terrorism. Terrorists use recent IT to draw up proposals, collect money,
set up programs17. Another form of treating cybercrime impacting public safety is cyber warfare.

In the strategic plans of different countries across the world, machines and the internet were
central. When a nation receives intelligence from the opposing government, utilizing the
technologies poses a danger to the country as well as effects global stability and health.

1.8 ADVENT OF INFORMATION TECHNOLOGY

Having often searched for change after the advent of humanity people have sought different
methods and technology for improved conditions for their life. The development of Computers is
perhaps the most remarkable accomplishment of all the substantial advancement achieved by
mankind, which not only has rendered human life simpler and convenient, but also helps to
substitute human mind with information. The machine has also superlatively managed to store
expertise and details from a practical point of view.

The emergence of computer networking has greatly facilitated access and storage of information
eliminating constraints of distance and time in communication. They have provided an excellent

17 Laws on Cyber Crime: P.K. Singh, (2007) Book Enclave, Jaipur, Page 58.
19
method of transmission of information across the world with the result the world has now
virtually become a global village.18

1.9 THE HISTORY OF COMPUTING MACHINES

The history of modern computer may be traced back to 2000 B.C., that is about four thousand
years ago, when the first mechanical device called abacus was developed by the Chinese for
being used as a calculating machine. Centuries later, many similar devices were developed but it
was in 1642 A.D. that Blaise's calculating machine became the most popular calculating device
which could be used by dialing numbers 0 to 9 on its dial disk. Subsequently, Joseph Jacquard a
French weaver devised a loom in 1820 that used punch cards to direct the weaving patterns.

It was Charles Babbage (1791-1871) who is called the father of modern computers for his
invention of an automatic computing machine designed to do additions at the rate of 60 per
minute. It also had a memory where the machine was programmed by instructions coded initially
on punched cards and then stored internally. 20
Later, Babbage, who was a Professor of
Mathematics in U.K., invented the first general purpose computer which he called as the
Analytical Engine.

The historical evolution of computer will remain incomplete without the mention of Augusta
Ada King, a disciple of Babbage, who contributed to the machines design of computer. Her
thorough understanding of the machine and its mechanism led to the development of instruction
routine which was fed into the computer.

Babbage's analytical engine as improvised by Augusta Ada King consisted of over 50,000
components and input devices in the form of perforated cards containing operating instructions
in stored memory of 1000 numbers up to fifty decimal digits. It also consisted of a 'mill' with a
controlled device that allowed processing instructions in any sequence and output devices to
produce printed results.

Subsequently, an American inventor, Herman Hollerith (1860- 1929) further developed the
Jacquard's Loom concept to computing. But instead of using Babbage's machine, he used cards
to store data information fed into the machine which compiled the results mechanically. Each

18 Tiwari, Shastri and Ravi Kumar: Computer Crime and Computer Forensics (2002) Preface p. viii
20
Deepti Coora and Keith Merrill: Cyber Cops, Cyber Criminals, and the Internet (2002) p. 198.
20
punch on a card represented one number and a combination of two punches represented one
letter. As many as 80 variables could be stored in single card. 19 Besides speedy compilation of
results, punch cards served as a data storage mechanism and helped in elimination of
computational errors. Hollerith introduced punch card reader and founded his Tabulating
Machine, in 1896, which eventually transformed into International Business Machine (IBM)
around 1924.

Thereafter, a German engineer Konard Zuse devised a computer Z3 to be used in airplanes and
missiles which helped the Germans to strengthen their, strategic potential against the British
Allied Forces during World War II. As a counter strategic measure, a more powerful computer
called Colossus was developed by the British engineer which had secret code breaking
mechanism that could easily decode German messages. Thus, these two developments were
essentially an outcome of the World War II which were instrumental in accelerating the progress
of computer technique in time to come.

Taking inspiration from the importance of computers for defense services, American scientist
Howard H. Aiken (1900-1973) who was working with IBM, developed an all-electronic
calculator which was used by the American Naval' Forces for creating ballistic charters. It was
called Automatic Sequence Controlled Calculator. A year later, John Von Neumann (1903-1957)
designed a computer which he named as Electronic Diskette Variable Automatic Computer
(EDVAC) with a memory to; hold stored program as well as data. It consisted of a central
processing unit, which allowed functioning of the computer to be controlled and coordinated
from a single source.

The advances made in computer technology during mid-fifties of the 20th century brought more
sophisticated and efficient computers which were much smaller, faster, and more reliable than
the earlier ones. They became so popular that most companies, business enterprises, industries
and even the Government in U.S.A. switched over to computerization in next decade.

The credit of producing a commercially usable computer goes to Remington Rand Corporation.
It was initially launched in 1951 and called Universal Automatic Computer (UNIVAC). A
decade later, Rand Paul Baran of the Rand Corporation was requested by the U.S. Air Force to

19 Quoted from Fundamentals of Cyber Law published by Asian School of Cyber Laws (2005) p. 70.
21
study and device a computer which could maintain its command on missiles and bombs in the
event of nuclear attack. It was to be a military network which could survive a nuclear attack.
This lead Baran to prepare a switched network.

In 1965, most of the large business houses, firms and industrial establishments routinely
switched over to IBM computers for maintaining their records and processing their financial
information through computer because of its vast storing capacity and cost effectiveness.

Though these newly developed computers contained transistors as a replacement for vacuum
tube, they generated considerable heat which often damaged their internal parts and also affected
their sensitiveness. In order to eliminate this problem, Jack Kilby of United States developed the
integrated circuit in 1968 which combined three electronic components into one small silicon
disk made from quartz. Later, semiconductors were also squeezed in the form of a single chip.
The device came to be known as ARPANET20 (Advanced Research Project Administration
Network). Thereafter, the first e-mail program was created by Ray Tomlingson of BBN in 1972.

By this time computer had become more user friendly because the software package therein
offered an array of applications even to a non-technical user. 21 With the advance of time there
was thrust on having computers smaller in size so as to be easily portable, as a result of which
laptops and even pocket computers were introduced which are commonly in use these days.

As a contact tool, computers have triggered radical improvements in knowledge processing and
they have improved the capacity to store, scan and acquire knowledge by implementing it. The
Internet network has improved our capacity to interact on frequency waves over long distances
without physical access. This has rendered existence simpler and more convenient, but it has also
eliminated human intelligence such that awareness and wisdom is conserved and assimilated.
The machine has also excelled the human mind from a technical point of view.

Internet

The terms internet and World Wide Web (www) are often misunderstood. Although these days
the terms are used interchangeably, they in fact mean two different things. The internet is the

20 ARPANET was developed by U.S. Department of Defence in 1968

21 BM introduced personal computers (PC) in 1981 for use in homes, offices, educational ' institutions etc. They
could be linked together or networked to share memory space and communicate with each other.
22
vast computer network that stores and carries information around the world, the www is the
collection of documents that is accessed on the internet through a particular computer language.
Put very simple, the web needs the internet the internet does not need the web.

Cybercrime

Crimes perpetrated on or through the Internet network are classified as cybercrimes. This
includes an abundance of illegal activities. The word "cybercriminality" is an umbrella phrase for
multiple illicit acts. The privacy of the internet helps the victims to associate in different forms of
violent acts identified as cyber-crimes in other troubling incidents in Public spaces.

The arsenal for cybercrimes is technology and, thus it is mainly technologically trained
individuals who have a thorough knowledge of the internet and programming programs that are
liable for this crime. Cyber bullying, cyber harassment, e-mail spoofing, e-mail, hacking, cyber
abuse, computer defamation, polymorphic viruses, worms etc. are some of the latest cyber
threats that have arisen. Conventional offences can also be computer offences if conducted on
the internet or in the media. Examples involve stealing, maltreatment, bribery, bribery,
misrepresentation, pornography and violence, attacks, etc.

In terms of specifically describing cybercrime, no legislation or regulation has yet been

established. There is no concept of cybercrime, except in the information technology act of 2000.
Cyber criminals may, however, be specifically defined to be those types of crime in which the
machine is either a victim of the crime or an object of conduct. 22 Therefore, any operation
utilizing the machine as a weapon, purpose, or device to conduct more crimes is part of
cybercrime.

The previous concept of cybercrime indicates explicitly that the distinction between traditional
crime and cybercrime is quite thin. The main argument in cybercrime is that the interactive cyber
platform, i.e., the machine, will be involved at every time.

A basic and rigorous concept of cybercrime would be "criminal activities through which the
machine is either a weapon or a target or both." Cyber offences are also offenses against a
machine, a machine device, or a computer network.

22 Pawan Duggal: Cybercrime (2003) p. 17

23
Cybercrime as currently described by the United Nations. Policy on electronic crime awareness
and criminal care23 comprises two categories as follows:

1. Narrowly speaking, cybercrime connotes electronic crime, namely criminal activity that
threatens the integrity of information networks and the data they store. This encompasses
all criminal behaviors.
2. Cyber-terrorism covers any computer-based activity, including all offences such as
unlawful ownership and the delivery and dissemination of knowledge by means of a
computer program or a network, including any offense perpetrated by, or connected to, a
computer system or network.

In the Indian sense, cybercrimes can be described as voluntary actions or omissions that
affect an individual, properties, computer network or are punished by or liable to criminal
consequences under the Indian Penal Code under the Information Technology Act, 2000 or
2000.

It must be stated that cybercrimes may also involve conventional criminal activities like theft,
fraud, forgery, mischief, defamation etc., all of which are subject to punishment under the
Indian Penal Code. Besides, the abuse of computer, computer system or internet has given
rise to a number of new crimes which were unknown prior to the emergence of computer
technology, but are made punishable under the Information Technology Act, 2000. It would,
therefore, not be correct to say that the crimes that are punishable under the I.T. Act alone are
treated as 'cybercrime' insofar as the Indian Penal Code also covers many such crimes like
email spoofing, sending threatening e-mail, cyber defamation etc.24

The term cybercrime usually refers to a wide range of criminal activities which specifically
relate to computers and telecommunication infra-structure that support their use. However, it
is generally accepted that the term "cybercrime" encompasses within it any prohibited act
committed through the use of, or against digital technology. It would, therefore, be evident
that the focus so far has been on functional definition of cybercrime rather than a universally
acceptable legal definition of it.

23 Tenth U.N. Congress on Prevention of Crime & Treatment of Offenders was held in Vienna on April 10-17, 2000.
24 Suri R.K. & Chhabra T.N: Cybercrime (Reprint, 2003) p. 45
24
1.10 SCOPE OF CYBERCRIME

Cyber-crime in Indian and worldwide is actually an ever-increasing trend. The effect of this
crime is directly proportional to the information technology advancement of a government.
Statistics from the UN International Analysis of Public Policies on Electronic Crime Prevention
and Control reveal that over 50% of websites in the U.S., Canada and Europe have experienced
breaches of the protection and risks raised by cyber terror, which also taken law enforcement
authorities to severe challenge. A new phenomenon in recent years is that jihadist terrorists are
being prepared. The Web has been a crucial resource for campaigners who use it to train cyber
terrorist recruits.

Web security expert Gabriel Weimann, who has taught at the University of Mainz in Germany
and studied activists using the Internet during nearly 10 years, said the web pages of militant’s
Islamic groups such as al Qaeda are used for propaganda dissemination and terrorist education as
well. In his speech Gabriel Weimann told the security staff. "Al-Qaeda has released a handy
website demonstrating the use, kidnapping and use of fertilizers to create a weapon." he added.25

Another clear case of how electronic networks are used by anti-nationals for malicious action is
the militant attack on India's parliament on 13 December 2001. To examine and extract data
from the device, the Police Technology & Development Bureau (B.P.R.&D.), in Hyderabad, sent
specialists of the Cyber Technical Section of B.P.R. & D., from the two militant organizations
that targeted parliament. Delhi, Ireland. It was this laptop with other facts supporting the two
terrorists' intentions, including the sticker of the Home Ministry they had on the laptop and
pasted it on the car of their ambassador to get into Parliament's House and the fictional identity
card that one of them had the Indian representation and sign. Three lion emblems were closely
screened, and the logo was craftily created alongside the Jammu and Cashmir's bogus residential
addresses. The research into investigator forensics found that the defendant's machine fabricated
both of them.

For most countries in the planet, computer-related violence has already become a significant
field in concern, and India finds no exception. When determining that certain computer-related
practices should be classified as cyber criminals, the main aspect to be addressed is that what is

25 Gabriel Weimann was addressing a Conference on Internet Security at the headquarters of Germany's Federal
Police Office (BKA) (as reported in Times of India, Delhi edition, dated November 23,2007) 31Dr. R.K. Raghavan:
Salutations, CBI Bulletin Vol. VIII No. 2 February 1999, p. 4.
25
immoral and unlawful should be differentiated. But if an action is actually illegal; it will be
regarded as a felony and the perpetrator should be punished. Therefore, when deciding situations
relating to internet security, criminal law will be enforced with caution.

1.11 STATEMENT OF PROBLEM

Cybercrime is essential to be combated. This requires expertise in law enforcement, human

resources, legislation, and policy priorities in the fight against crime. Sure enough, many
countries are making considerable efforts in this area, and results are visible in hackers being
convicted and virus spreaders being traced to their rooms. However utterly transnational
character of Cybercrime many of current initiatives to fight Cybercrime look weak. The
cybercriminal does not recognize geopolitical frontiers, and the assault will arrive from beyond
the boundaries of a nation and disperse the criminal scenario into two or three countries. The
legal problems emerging during the cross-border cybercrime was concerned to decide the
legislation will apply, including the issue of ne bis idem for several jurisdictions, where the
offense was performed. The issue of jurisdiction arises: how far can a government pretend to talk
to international facts, foreign national territories, and the government has legal grounds for
punishing accused persons and convicting the perpetrator? And where more than one nation has
a jurisdiction, to what degree will additional international prosecutions be asserted, that is, the
authority of investigation in other countries' territories.

International legislation must solve the issue by implementing effective universal legal
frameworks. The question must be tackled. On 23 November 2001, the European Union
introduced the Cyber-Crime Convention (CCP) in Budapest which entered into effect in 2004 to
address this task in the current conditions we consider digital society. We therefore analyze in
this thesis weather the jurisdiction issue which arises due to multiplicity of jurisdiction and extra
territoriality of Cybercrime are effectively dealt in CCC and will highlight the weakness prevent
this convention from being more effective.

26
1.12 OBJECTIVES OF STUDY: -

1. To develop a conceptual understanding of cyberspace and Cybercrime. To understand

Freedom of Speech and Human Right issue in cyberspace.
2. To examine the need for regulating the cyberspace. To understand the global character of
Cybercrime and different types of Cyber-crime.
3. To develop understanding of jurisdictional theories and their applicability to transnational
Cybercrime.
4. When examining situations regarding extra-territorial authority when conjunction with
computer crime, foreign rules are stringent enough to justify detention.
5. To provide an overview and show existing movements in the Constitution of the
jurisdictions of the Constitution on Cybercrime.

RESEARCH QUESTIONS:

1. Whether cyber-crime is having an issue of freedom of speech and human rights in

cyberspace or not?
2. Whether examining situations regarding extra- territorial authority when conjunction with
computer crime, foreign rules are stringent enough to justify detention or not?
3. Whether cyber-crime provide an overview and show existing movements in the
constitution of the jurisdictions of the constitution on cyber-crime or not?

1.13 RESEARCH METHODOLOGY:

In the present work, the used research methodology is doctrinal in its nature and is based upon
the critical evaluation and assessment of various legal provisions along with the elaborate
discussion of the decisions of various courts of countries. During the course of research work the
various sources of information will be consulted, examined, and scanned and used for the
understanding of the prevailing statutory provisions in national conventions, international
27
agreement, covenant, and legislations etc. The sources for the research on the subject are
research papers, commentaries, textbooks, electronic media, and encyclopedia etc. have also to
be consulted. The methodology used for the present research pursued is mainly based on the
available literature on the subject, analysis of judicial pronouncements and information obtained
from internet services on the subject of research.

1.14 “REVIEW OF LITERATURE”

26
SHWETA GHATE (October 2017)

Cybersecurity consists of technologies, processes, and practices to prevent hacking, damage or

unauthorized access by computers, programs, networks, and data. Certain principles such as
anonymity, knowledge exchange, data gathering, and surveillance often combine cybersecurity
with policy discourse improperly. Cyber protection is obvious, and we face cybercrimes. It is
critical that those interested in fighting cybercrime seek to predict qualitative and quantitative
improvements to their basic elements to prevent handing cybercriminals the initiative so that
they may develop their strategies properly. The value of becoming informed of the consequences
of cybercrime taking into consideration recent events and offering strategies for defending a
person and/or an entity. This article mentions information protection forms and cyber-attacks.
The situation of cyber criminals and information protection in India is also illuminated. This
paper also discusses a large portion of Indian internet rules.

Ankita P. (2011) The author addressed the competitive and anti-competitive forces impacting
the prospects of E trade in India. Credit card practices impacting the E sector are of special
significance. Several foreign case studies were also addressed in the paper journal. Finally, it
discusses the CCI's role in these matters.

26 Available at[Link] (Last

visited on 2022)
28
Nappinai N. S. (2010) The author in his article "Does the rule of cyber-crime in India keep up
with current trends? An Observational Research "has outlined a range of critical criminal laws in
India on data security, anonymity, encryption and other cybercrime practices and to the extent
where such measures have been introduced to counter cybercrime not only existing but potential
patterns.

Satish R. and Henry D. (2012) The analysts examined global and Indian e-commerce revenue
figures to illustrate the reasons why e-trade is not approved in India in the article "A report on
adoption problems of e-marketing in India." The study also reveals several website quality
problems which were neglected and suggested the implementation of Total Quality Management
(TQM) as the best solution to the problem.

Shanju D. (2012) The author has described in detail the activities of E-trade and M-Trade and
their emergence in this article entitled "Studies on the Implementation Challenges of ecommerce
in India." The author often applied to different ecommerce aspects. The main field of focus is
ecommerce issues in India, the government's position in the growth of the e-commerce sector
and e-commerce triggers and barriers in Indian markets.

CHAPTER 2:
CYBER LAW AND IPR ISSUES: THE INDIAN PERSPECTIVE

29
 2.1 “INTRODUCTION”

The IT Act 2000 was the result of the UN Model Law on Electronic Trade in foreign trade
legislation introduced in the General Assembly of the United Nations (UNCITRAL) Resolution
of 30 January 1997. Cybercrime is one of the world's most exponentially rising offences. While
the Act succeeded in developing the legislative structure in cyberspace and resolved some urgent
concerns related to the abuse of technology, there have been a number of significant weaknesses
that were not tackled, i.e., Problems pertaining to intellectual property. Intellectual property
implies that knowledge or intelligence of some way which has a commercial impact may be
described as a combination of concepts, innovations, and developments, that is, intellectual
property rights. Copyright, patent, brand name and design are some kinds of IP. These things are
human mind creations and are therefore known as intellectual property. The IT Act 2000 does
not say one word regarding IPP security, while IPR infringement is one of the most challenging
fields in cyberspace. In addition to infringement of copyrights and domain names, the copyright
legislation of 1957 and the 1999 Trademark Act do not take effect on the Website. We therefore
do not have enforcement machines to ensure that domain names are protected on the net. It is
time to adopt special laws on intellectual property protection in cyberspace.

The importance of computers and the internet is well known and therefore rooted in modern
industry, exchange, and culture as a whole. The benefits of machine and Internet are tremendous
in modern business and without machines and digital technologies our world cannot work easily.
However, utilizing the Internet and the machines has contributed to several unavoidable machine
and software abuse. That became important as there is no federal restriction on the usage of the
machines, and they may be done by any authority. In the business field, e-commerce is now
becoming quite common. Surfers may easily access the benefits and scope of ads of the company
via e-commerce or industry through the worldwide network. However, this paves the way for
cybercrime to grow27.

Cybercrime involves and requires that machines be used for security or fraud purposes. The
parliament of India has enacted the IT Act, which accepts digital signatures and online records
legitimately for cybercrimes. The Legislation is a regulatory mechanism to render online
27 Harish Chander, “Cyber Laws and IT Protection, PHI learning Private Ltd. Publication”, New Delhi, 2012, at
page no. 14.
30
transactions through the electronic media simpler and more efficient. It is focused on
UNCITRAL, which has implemented a model e-commerce legislation that promotes switching
from a paper system to a computer-driven world28.

However, the IT Act of 2000 does not deal with intellectual property problems anywhere. IP
applies to intellectual constructs i.e., IP. Copyright and logos, licenses, geographical markings
etc. Within this paper the author discussed some primary concerns, including online violations of
copyright, domain names and their recommendation.

2.2 “HIGHLIGHTS OF THE INFORMATION TECHNOLOGY ACT, 2000”

The Act comprises 94 parts divided into 13 books. The chapters include digital signatures, online
governance, the issuance of electronic records, electronic record protection and digital
signatures, enforcement of credential authorities, digital signature certificate user responsibilities,
cyber policy review tribunal, network service provider violations and liabilities. The Act includes
four scheduling clauses spelling down the relevant changes to the Indian Penal Code, the Indian
Evidence Act, the Book Evidence Act for Bankers, and the India Reserve Bank Act31.

This Act has three objects, those are:

i. To react and to bring about a united nation call for all States to take into account model
law as they enact or amend their regulations, in order to allow the laws for alternatives to
paper-based correspondence and knowledge storage to be harmonized.

ii. Legal acceptance of transactions performed by electronic data exchange and other
electronic communication systems, generally referred to as ecommerce, which include
the use of alternate forms of communication and storing of data dependent on paper.

28 Vakul Sharma, “Information Technology, Universal Law Publishing Company”, New Delhi, 2013 at [Link]. 15.
31
Dr. Gupta & Agarwal, “Cyber Laws, Premier Publishing Company, Allahabad”, 2010, at [Link].324.
31
 iii. To make record e-filing simpler for government entities so that government services are
effectively distributed via secure electronic data29.

This IT Act does not, sadly, tackle cyber-squatting, namely the theft of domain names from its
lawful holders, the monitoring of the success of cyber cafes, net pornography hosted on
international websites, taxation of transactions linked to e-commerce, spamming or submission
of unauthorized commercial e-mails in contravention of the right to electronic personal data
protection; crimes perpetrated.

Donoghue v. Stevenson –
In the case of Donoghue v. Stevenson, a manufacturer of a ginger beer sold ginger beer
in an opaque bottle to a retailer. A boy bought a bottle of the ginger beer from the
retailer and treated his girlfriend to its contents. The girl alleged that she suffered some
injury as a result of seeing and drinking the contaminated content of the beer
manufactured by the defendant.

The ginger beer, in fact, contained decomposed remains of a snail. Since she had not,
himself, been in a contractual relationship with the proprietor she couldn’t sue him, and
she was forced to sue the respondent manufacturers of the ginger beer. The boy, on his
part, could not sue anyone because he did not suffer any injury.

The Scottish Court held that they could not find any legal connection between the girl
and the manufacturer. But, when the case got to the house of Lords, a majority of the
court held that the manufacturer owed her a duty to take care that the bottle did not
contain noxious matter and that he would be liable if that duty was broken. Accordingly,
to Lord Atkin: “The rule that you are to love your neighbor becomes, in law, you must
not injure your neighbor; and the lawyer’s question, ‘who is why neighbor? Receives a
restricted reply. You must take reasonable care to avoid acts or omissions which you can
reasonably foresee would be likely to injure your neighbor. Who, then, in law is my
neighbor?

The answer seems to be persons who are closely or directly affected by my acts that i
ought reasonably to have them in contemplation as being so affected when i am directing
my mind to the acts of omissions which are called in question.”

29 Dr. Farooq Ahmad, “Cyber Law in India, New Era Law Publication”, New Delhi, 2012, [Link].28.
32
2.3 “MEANING AND TYPES OF INTELLECTUAL PROPERTY RIGHTS”

It is possible to trace the idea of intellectual property from the Byzantine Period, where
monopolies were given. For e.g., cooks have been monopolized for one year in Greece to use
their recipes. The Senate of Venice's legislative laws gave exclusive rights to anyone who
developed certain silk-making machinery or method. Thus, the era came of being completely
alien from intellectual property to the nomadic community when each new idea was protected
under the IPR category. Each of the kinds of intellectual property is known as copyright. We
need to learn the definition of intellectual property and its value before getting into depth about
copyright and relevant topics in cyberspace. Going home means joining a location that is
developed and full of human imagination. All we live is the result of human imagination, from a
tapestry to a couch, from a laundry machine, a refrigerator, and a television, to music, books,
movies, and family photos. Such stuff are human mind inventions and thus intellectual property.
The internet is increasingly used not just for educational but also for commercial purposes.

IP may be separated into two separate groups i.e., Copyright, and intellectual land. Industrial
property covers patents, trademarks, geographical indications, designs, and layout designs for
semiconductors. Copyright, on the other side, covers literature, dramatic, cultural, musical,
video, and sound recording, etc. The most important laws regulating IP in India are: The Patents
Act 1970, The Trademarks Act 1999, The Regional Indication of Products 1999, The
Architecture Act 2000, and The Copyright Act 1957 Integrated Circuits Layout-Design Act
2000.

2.4 “COPYRIGHT ISSUES IN CYBERSPACE”

The goal is that writers, composers, and supervisors will be allowed to design their original
works such that they may freely replicate, distribute the works for the profit of the public. Unless
the exclusive privilege, i.e., the copyright word, expires, the works pass to the public domain,
and someone without authorization can duplicate them. Copyright remains in the original system
in fiction, theater, poetry, painting, animation, sound recordings and machine30.
30 Available at [Link], (Last visited on 2022)
33
Copyright nowadays is utilized in a variety of fields, from novels, magazines and journals, radio,
playwrights and creative plays, the publishing of musical works and film, etc. Copyrights are
more readily available efficiently than any property because intellectual material moves from
country to nation. Copying the copyright content has been made fast and quick by technical
advancements. As a consequence, it is quite complicated and even futile to regulate copyright
violations. Without difficulties you can transfer books, DVDs or video cassettes of films or
applications from one nation to another to produce and sell thousands of copies. Unauthorized
taping of television and radio programming across the world has become widespread31.

Nasscom v. Ajay Sood & Ors.

“Nasscom v. Ajay Sood & Others”

In this scenario, the claimant has been the NSC (Nasscom), India's leading organization of
applications. The accused ran a targeting firm that specialized in head hunting and recruitment.
The defendant wrote and submitted e-mails on behalf of Nasscom to third parties to collect
personal details, which it might use for head-hunting purposes. The High Court recognized the
plaintiff's trademark rights and issued an order limiting the defendant to use Nasscom or any
other name misleadingly similar to. The defendant agreed to pay Rs1.6 million as a damage for
the breach of the plaintiff's trademark rights to the claimant in accordance with the terms of the
compromise. While no clear legislation in India is in force in order to penally penalize the
phishing of phishing, the Delhi HC claimed that, by describing phishing as "a malpresentation of
the source of the e-mail and its content, which causes immense harm, in the course of trade, not
just improperly used" under Indian law.

This takes the act of 'phishing' into the framework of the Indian law, but in the absence of a clear
statute. This exposes the misunderstanding that there is no 'system of punishment' in India for the
infringement of IP rules.

2.5 FUNCTIONS OF A TRADEMARK

31 Dr. Gupta & Agarwal, “Cyber Laws, Premier Publishing Company”, Allahabad, 2010, at [Link].148.
34
The purpose of a trademark is to identify the source of the goods' origin. The following four
features refer to the trademark:
i. “It identifies the product and its origin.
ii. “It guarantees its quality”
iii. “It advertises the product”
iv. “It creates an image of the product in the minds of the public,
particularly consumers or the prospective consumers of such
goods”32.
“Examples of trademark” - Lee, Skoda, Colgate, Pepsi, Brooke Bond, Sony etc.

“What is a domain name?”

Simple enough, a domain name for what we consider an Internet Protocol address is the textual
equivalent. Every machine has a telephone number-like URL. You have to dial the number of
your contact if you decide to call a client. In the same context, you have to input your IP number
if you choose to reach a website. But because a full number such as [Link] is quite
complicated to recall, a method has emerged that converts a name into the number or IP address
in question. Thus, today, instead of typing [Link], one has merely to type in
[Link].

What is in the context of a domain? Those unforgettable lineages were undoubtedly written in an
era when neither trademarks nor domain names were heard of by the great poet, William
Shakespeare. Shakespeare himself should have considered twice before he could penny the lines
if he realized Shakespeare was eligible for sale. We cannot underestimate the importance of
domain names33.

32 Dr. B.L. Wadhera, “Law relating to Intellectual Property”, Universal Law Publishing Company, New Delhi, 2009,
at pg. no. 134.
33 S. K. Varma& Mittal, “Legal Dimensions of Cyberspace, Indian Law Institute”, New Delhi, 2003, at pg. no.154.
35
“Dispute between Trademark and Domain Names”
The Trademark Act, 1999 was enacted to modify, regulate, and prohibit the usage of fake logos
in respect to the trademarks to products and services. However, licensed tradenames who choose
to use their mark as domain names find, sometimes in a malicious effort to circumvent the
privileges of the initial trademark holders, that these domain names were adopted by
unauthorized parties. In fact, the registration of domain names is "first come first-hand" and
sometimes results in the registration of an individual with a name and includes a trademark and
which does not have any legal rights to a person or organization.

2.6 “LOOPHOLES UNDER THE IT, TRADEMARK AND COPYRIGHT ACT”

The existing or planned information technology legislation of India will not allow for
cybersquatters to be punished; at most the jurisdiction may be revoked. Although the IT Act does

not include proper liability, IN Registry has proactively taken measures to reward offenders in
order to avoid further theft of domains by squatters. However, the majority of squatters operate
as dark names. The. IN Registry operates as an independent entity under the NIXI (National
Internet Exchange of India) which manages the. IN cc-TLD (country top level domain) and
guarantees its operational stability, reliability, and protection. It will follow the different
components of the new strategy set by the Indian Government and its Department of Information
Technology Ministry.
There are no competencies in the Information Security Act, IPR-related computer offences, ant
stalking, computer-defamation etc. etc. Still quiet on the problems coming out of the electronic
trademark and copyright violations are the Indian Trademark Act, 1999 and the 1957 Copyright
Statute. Although computer programs are protected by the Copyright Act, they do not mitigate
online piracy.

CHAPTER 3:

“THE LAW RELATING TO CYBER CRIME IN INDIA”

36
3.1 “CYBER CRIME AND OFFENCES UNDER INDIAN PENAL CODE”

When culture evolves, along with time, the idea of criminality grows and invents cybercrime. As
stated earlier, cyber-crime is a criminal act, in which the device or network is either a tool or a
motive or both. Criminal law in India means only the Indian Penal Code, which deals with all
crimes, all forms of crimes, but the concept of crime is new and technical, but it remains
effective and covers all kinds of crimes. Crime in India is the Indian Penal Code. This
conventional criminal law is therefore sufficient to tackle all sorts of crimes, including
cybercrime or any other crime.

In order to regulate the e-business, the Indian legal system adopted Information Technology Act
2000. This is primarily contract law covering exchange, although it calls for other requirements
in connection with e-business involving illegal usage of the Internet or illegal use of the device.
In the IT Act, 2000, which is India's cyber statute, this abuse is classified as a cyber-crime. In the
Indian Penal Code, the different sections of the Indian Penal Code already account for offences
under this Act.

Amid the Informatics Act, 2000 enacted in India's statutory criminal law on 17 October 2000,
necessary regulations. The Indian substantive statutory law implies Indian Penal Code since the
different violations under this statute are much too close to the crime defined as cybercrime,
merely because of the technologies for conducting crime, the reforms also mandate that offences
be subject to this Code's requirements. The amendment mainly contains several specific words in
the Indian Penal Code to ensure that the laws pertaining to such offences performed using
computer technology are applied efficiently.

The Information Technology Act, 2000 allows for a broad variety of offences such as machine
tempering, rude sending notes, violation of the privacy of people, publication of pornographic
material, etc.

3.2 “CYBER CRIME AND CRIMINAL LAW OF INDIA”:

37
The definition of cybercrime, implying crime through usage of the machine and the Internet
remains unclear. Cyber security is a fewer criminal range. Before 1999, the Indian judiciary did
not struggle in particular with cyber-law enforcement of illegal activities. India's existing cyber
law is e-commerce growth, as the definition of business environment has changed and
multinational’s function and need security in modern market modes. The corporate world should
use modern forms of contact strategies. The internet allows access to the world of business
simple and fast. In order to globalize the sector, the international community has always found
out that the latest management approaches must be adopted. This globalization obliges the
international community to control internet use. This contributes to legislation and restrictions on
e-business monitoring.

Although this internet and e-commerce is intended to make interactions quick and fast, it
provides several possibilities for conducting illicit operations. If this criminal behavior violates
some statute, it is the justice system's duty to enact legislation to defend against this crime. The
most significant division of the rule, which linked with everybody closely, is criminal law. The
rule is rightly claimed to be the safest legislation to criminalize the least. There is also a need to
provide strong criminal legislation to curtail the computer crime ramping up in society.

The modern cyberspace world has been created by computer technology. The 21st century is the
beginning of this nation. But it is not like a real universe, instead it connected the globe and
rendered it a global village. The legal framework has therefore expanded its function. As a
welfare state, the state's obligation also in cyberspace to protect its citizens the legal framework
also has to control virtual space operations. It is not a single country, but a global subject, and
therefore current cyber laws are transnational throughout the world.

In 2000, an information technology regulation was passed by the Indian legal framework. The
act is primarily dealing with e-commerce and the e-commerce legislation. In fact, certain cyber
activity has been noted. The IT Act does not regulate cybercrime entirely because other statutory
legislation still covers cybercrime. It deals, however, with the enforcement of digital signature
and with the agencies participating with that, the IT Act. The Indian penal code also mentions
such electronic crime as cybercrime, which is not so much distinct from traditional crime, is a
modern form of committing crime. However, cyber-crime is committed using the various modes

38
of operation, so some amendments must cover the technical aspect. The internet legislation is
also enforced by the constitution. India is one of the countries that is warning to the crimes that
will be perpetrated in cyberspace.

3.2.1 “Evolution of law in Cyber Space”:

The digital age is cyberspace, a new era of internet is created by 21st century. The way of life of
a citizen shifts radically. In the modern day, the Internet is a lifeline. Anyone connects to the
computer one way or the other now. Typically, every person uses mobile phone, desktop, tab
machine and so on. Documents and documents are made available on computer and in cyber
room. Personal information is now available. The legislation is also essential to secure personal
data and data in the cyberspace. Cyber space is the contact tool, online correspondence that
easily outmodes or even eliminates more conventional communication methods. Cyber
compliance is also time-consuming. A virtual area called cyber area was generated by the
integration of the computer network and telecommunication enabled by digital technology. The
latest shorter Oxford Dictionary describes the word cyber space, "the national atmosphere in
which electronic communication takes place, particularly if the computer system is represented
within34.” Space conceived as such by an intuition but generated by a computer system and
without actual reality.

Traditional justice structures have become very challenging to preserve stability, because the
Internet has been increasing increasingly and its effects worldwide. Although some legislation
and goals have now been implemented and certain lawsuits that concern the Internet have been

resolved, they leave much of the legal question in the future. Despite the recent fluency of law
across the globe, it is doubtful that the court and lawmakers are in a position to include adequate
timely clarification for companies in order to encourage them to transact on or even utilize the
internet to deter or mitigate unintended effects or liabilities.

Without space limits, state frontiers, etc. an Internet or network of computers may run. Although
they are just a means of processing, analyzing, and communicating information, they essentially
build an environment of their own which enables a company to be exchanged without the

34 Available at [Link] Visited on 2022)

39
inhibitions imposed by the real world. The key features of the Internet have now been accessible:
1. Cheap, quick yet fairly unpredictable means of foreign document, sound yet picture contact,
2. Foreign printing system,
3. A way to host programs at the border by engaging minded citizens and communicating with
each other.
4. A non-political or content-boundary information resource, limited only by information which
he wants to communicate Further challenges are the need for electronic network security.
Government encourages protection but does not facilitate interactions of terrorists or of
subversion. The rise in foreign crime rendered it more important for the government to tackle
corruption in illegal communication, but legitimate communication needs to be connected in
the same way35.

India, the world's biggest democracy and a nation with a deep juridical tradition, is taking the
lead and control that the Laws on cyber space legislation was enacted by the Indian legal
framework, the Information Technology Act, in 2000.

3.2.2 “Indian Law on cyber”

Crime India has a well-developed legal system, as well as many western nations, and growth and
period are under way. India still bears the ethical obligation arising from the technical boom.
Although India has a rich legal history, it also faces a problem with the conventional definition
of authority, which is the major problem in cyberspace laws.
India has been a global information technology pioneer, as the Indian economy has immensely
added to the profits received from the program and IT services. The opportunity for rising
computer-related criminality has grown at the same period as the rise and advancement of digital
technology and the virtual environment. Legislative measures have since been important in order
to govern online commerce and the prevention of cyber-crimes. Consequently, the Indian
Parliament adopted the Informatics Act 2000. The Indian reaction in regulatory intervention and
the IT transition is primarily confined to this Act. the Indian reaction36.

35 Guide to cyber-Laws: Rodney D. Ryder (2003), Wadhwa Publication Nagpur, Page 6.

36 Laws on Cyber Crime: P.K. Singh (2007), Book Enclave, Jaipur, Page 23.
40
The Indian Penal Code deals with criminality committed by machines since the passage of the IT
Act 2000. Even the general laws of India are connected with the act performed in that period, the
criminal practice code, and also the law of damage. The customary rule offers a redress where
some misdeed or offense is perpetrated when certain freedoms are breached. Acts such as bribery
and privacy breaches are subject to the applicable laws. Cyber-crime, however, is new but
cybercrime violates the individual's traditional rights like property destruction or web
defamation. The crimes as hacking are infringements of the right to privacy which the Supreme
Court to India has recognized as fundamental rights. However, in consideration of the need of
the Foreign Community and the UN resolution the Indian legal system will then follow the
machine and Internet Law and other relevant rules laid down in the Indian legal system.
Therefore, in order to preserve its legal standing in the foreign family certain changes often
involve the Indian Legal Framework because of those techniques.

The Indian legal framework discusses the rules on virtual space and cyberspace in order to
satisfy the standards of the 21st century:

3.3 “INFORMATION TECHNOLOGY ACT”:

To control electronic correspondence in order to encourage online filing by government

departments, the Indian Parliament has enacted this Act, under which alternatives to paper-based
interactions and storing of information are employed. In addition to the implementation of the IT
Act 2000, the amendments are necessary to enforce the normal laws of the IT era, in order to
accept electronic contact in some main ways rendered in Indian laws. The principal purpose of
the IT Act is to make it possible, through electronic media, to lawfully restructure and control
commercial practices. The Indian Act is based on Resolution A / GES/51/162 of United Nations
and the Model Legislation on Electronic Commerce of United Nations (UNICITRAL), of 30
January 1997. In the Indian justice framework, that is only one move recognized as India's cyber
rule. At the very beginning, cybercrime is not described in this Act and the numerous
cybercrimes are not based on.

It is company law rather than criminal law that we deem the fundamental focus of this operation.
The main requirements of this Act include e-commerce laws and digital signature identification.
As K.P. Singh correctly pointed out, this is the biggest question addressed by the act37 .

37 Laws on Cyber Crime: P.K. Singh (2007), Book Enclave, Jaipur, First Publication. Page 96.
41
a) Establish rules which recognize and validate contracts and execution through electronic
mediums.
b) Cover defaults rules for contract creation and governance of e-contract performance.
c) Provide the definition and characteristics of a valid electronic writing and an original
document.
d) Contents provisions for the recognition of electronic signature for legal and commercial
purposes.
e) Recognizes the admission of computer evidence in courts and arbitration proceedings

The rule complies with emerging media and modern communications technologies, and under
some cases penalties are even placed on abuse or unlawfully utilizing media. According to the
requirements of the Act, the goal is more to include the electronic contact and the contract
created through the Web. The Preamble of the Law stipulates those necessary changes are
required to promote e-commerce in the current laws in the region. It is therefore proposed that
electronic records and digital signatures be recognized legally in order to enable contracts to be
concluded and the establishment of rights and obligations via the electronic medium. It also
proposes the establishment of civil and criminal penalties for breach of the legislation proposed.

3.4 “NATURE OF THE I.T. ACT, 2000”:

It is well understood that ecommerce and non- cyber-crimes are primarily recognized and
facilitated, but there is a definition of certain offenses and punishments in the Law. Chapter XI of
the Act covers offenses and Chapter IX concerns sanctions and adjudicative authorities. The two
I.T. books Act addresses some cyber-crimes. The following are the central features in Chapter IX:
a) Regulating conduct in its unique way.
b) Civil regulations to be employed by premise rather than criminal; c) The process of
adjudication is entrusted to adjudicating officers rather than regular civil courts; d) Such
adjudicating officers are required to know the laws and the IT or must have judicial
experience.

42
e) Adjudicating officers are vested with power of civil court; f) The proceeding to be conducted
by such adjudicating officers are to be construed as judicial proceedings; g) The quantum of
compensation to be calculated at market rate for loss or sufferings.

Such characteristics show that this chapter merely offers the civil court certain rules connected
with the authority to enforce the penalty. For certain sections of the IT Act dealing with civil
obligations and where the statute falls under the criminal code, it can even be recorded in
compliance with certain rules. This security legislation does not include all cybercrime in its
entirety. Yet traditional criminal law assistance is required. Since cybercrime does not vary
significantly from traditional crime.

Some charges are described under Chapter XI of the Act and prosecuted for cyber-crimes. For
e.g., the crime of exploitation of the code source material is dealt with in section 65 of the Act
The description of the modification is as follows:

Section 65: Data-S source Material Tampering: Anyone script fully or intentionally disguises,
removes, or changes, or knowingly or purposely allows others to mask or modify some data
source file, while computer code is expected to be retained or preserved for the time being, with
any computer software, computer network or computer device, would be liable to imprison38

That is the illegal portion of the IT Act, where the root of the device is covered up or skewed.
This crime affects the safety of the accession to computers. The fine is levied up to three years
for this. In essence, this section tries to stop efforts and actions, or commands given to the
computer to modify, destroy or cancel programs so that the person who owns the program cannot
use them. Whether this is deliberate or unpleasant, but up to three years or two lackeys are
punishable.

In this segment the organization in which critical data are preserved or deposited has mainly been
secured. A big measure will be made by a company in reporting its source code. Occasionally,
the evidence that a certain source code is property is problematic for an enterprise because one of

38 Section 65, The Indian Information Technology Act, 2000

43
its past workers may delete the code and use through another business. There is a clear image of
the culprit after the company has registered their source code39.

There are other paragraphs 66, 67, 70, and so forth, which deal with offenses such as breaching
the machine, or electronically offensive pornographic writing. Sections 65 to 75 of the IT Act
tackle cyber-crimes in specific and penalties, but not all types of computer crime. Both such
offences involve the criminal act, but are analogous to traditional crime, where the machine is a
tool or a goal in the process of the crime.

The abuse of improper device resource access is discussed in section 66. This is named hacking
in the terminology of the machine. The offense must be performed with the deceptive intention.
There is no term hacking in the Information Technology Act. Hacking is a foundational act by
offenders who then handle certain offenses and theft linked to the machine. Various mechanisms
for illegal machine access occur, thus, by amending the IT Act 2000 the different sub-sections
are applied under Sect. 66 of the IT Act, allowing for other serious cyber-crime such as cyber
piracy, and posting pornographic content. The Indian legal framework has introduced a variety
of laws and regulations along with information technology, which infringe the computer crime.

Cyber laws include the following Statute, Rules and Regulations laws:

1. “Information Technology Act, 2000”

2. “Information Technology (Certifying Authorities) Rules, 2000”
3. “Information Technology (Security Procedure) Rules, 2004”
4. Information technology Legislation, 2001 Because the afore mentioned Act does not
meet the need for time, computer protection faces the issue, and because of any
technological challenge it is not feasible to implement. Consequently, 2008 would be
significantly modified by the Information Technology Act. The amendment was made in
order to make cybercrime subject to the conventional law.

“The Information Technology (Amendment) Act, 2008”

39 Cyber Law &Crime: Barkha U Rama Mohan (2011) Asia Law House, Hyderabad. Page 1.
44
The IT Act encountered problems in its execution following its adoption in 2000. The object of
the amendment to the law is to smooth enforcement because of some technological gaps in the IT
law 2000, which modified the structure of the IT in 2008. Act. Act. Act. To overcome regulatory
barriers some essential provisions have been incorporated in the I T Act, and under this Statute,
the Information Technology (Amendment) Statute, 2008, which was effective from 27 October
2009, implemented numerous illicit programming practices. The 2008 IT (Amendment) Act
introduced major improvements on multiple counts to the 2000 IT Act.

Section 2(ha) is applied as "the contact system," which places mobile phone in the overview of
cyber-crime. The amendment introduced several essential interpretations to the rule. The
amendment refers to any computer used for contact, receiving, delivery, or storage of any email,
picture, audio, or photograph, including mobile phones, iPods, etc. Section 2(w) also provided a
summary on cyber-crime for service providers. The amending Act often introduced specific
items into the Act such as the supervisory power and the jurisdiction to adjudicate. Even more
significantly, each of the crime clauses are contained in the Act.

“New cybercrime under I T Amendment Act, 2008”:

Such cybercrime under which the IT Act, 2000 now integrates the IT Act (Amendment) 2008 did
not specifically allow law. This Act adds new provisions to Article 66 such as the transmission
of offensive or false messages (s 66A), the receipt of robbed computer resources (s 66B),
identification robbery (s 66C), person cheating (S 66D), infringement of privacy (s 66E). All
these matters concern the rights to privacy, but are infringed in a different way, so it must be in
law. Section 66 F, which calls for penalties and will lead to life in prison, applies to a current
online crime offence. Section 66 F includes any act which is intended to endanger the peace,
dignity, defense and/or sovereignty of India or trigger terror by DoS attacks, computer
contaminant entry, unauthorized access to computer resources, stealing of confidential
information, information that is likely to harm the sovereignty or reputation interests of India,
protection, pleasant communications with o Indian people. This crime is more important because
the crimes against the nation will now be committed using new communication techniques.

45
For other offenses alluded to in Section 66, punishments are typically levied for up to three years
and a fine of one / two lakhs is recommended and such offenses may be recognized and leased.
This does not show that cyber criminals are dissuaded. Furthermore, the penalty given for
violation under new Section 84B is punished by imprisonment and the new Section 84C also
attempts to perform a crime with an act that is punished by a jail sentence and can stretch to half
of the offense's maximum period.

For such crimes, including hacking (sec 66), the sentence is raised to five lakhs, varying from
three years' jail and a two lakhs fee. In Section 67, the period of incarceration was shortened
from five years to three years in respect of publications with obscene material (and to five years
for later violation instead of ten years earlier) and the punishment was raised from one to five
lakhs (10 lakhs on subsequently conviction). Section 67A creates a crime to print sexually
expressly punished detention content for a period stretching to up to a maximum of five years or
up to ten lakhs. This was key to curtail photo voyeurism and MMS assaults. Section 67B
punishes offense, the sexually communicating behavior of the infant or the actions of a person,
for a period of up to 5 years, with incarceration and up to 10 lakhs. It is a significant move, as it
only punishes child abuse by searching and storing. Penalties shall be raised from two years to
five years and from one to five lakhs or two for divulging details in violation of the lawful
contract under Section 72. The execution of such a felony would not be deterred. Section 84 B
places penalties on someone who aborts a cybercrime for the violation under the Act. This clause
would serve as a deterrence which will discourage computer crime linked to conspiracy. Section
84 C punishes for alleged robbery and punishes for one-half of the punishment imposed for that
offense or for some other felony or both, as set out or as given40.

The major changes therefore occur in I.T. Act 2008, which includes numerous offences
perpetrated by the use of a machine or other electronic tool. Specific computer offences would
also be registered using the Indian Penal Code. It shows that the amendment cannot protect all
cyber criminals, because cyber-crime fundamentally varies from traditional crime, however the
form of committing crime has modified and machine is a tool for committing crime or is
investigating other criminals.

40 Available at [Link] Visited on 2022)

46
 1. Indian Penal Code .1860

The Indian Penal Code is India's overarching law framework. In compliance with the Indian
penal code, the reason for the offence shall be none but the guilty intent and the illegal act. The
Indian Penal Code is Indian constitutional law, along with other specific statutory codes, which
were later enforced by the legal framework. Cyber-crime is the development of the information
technology age, although cyber-crime is different from traditional crime, but not very different
from conventional crime. Not all electronic activity has been protected by the IT Act; the Indian
penal code applies again. It covers almost all crime because of the universal nature of the IPC.

The implementation of computer technology then requires laws to change the Indian Penal Code,
referred to as the modern Indian Penal Rule. The IT Act 2000 first schedule modified certain
provisions of the Indian Penal Code 1860. The revised law has been expanded to include online
data crimes.
The definition of producing false proof has been modified to cover all physical or electronic
documents that contain a false statement, as given by section 192 of the Indian Penal Code. This
new space is generated by the name of electronic documents. If the written report falls into the
Indian Penal Code's summary, otherwise the bulk of offences involving records that are made by
machine, while classified as internet crimes, fall under Indian Penal Code jurisdiction. Section
192 involves the creation of falsified proof, where a falsely created electronic document is given
for the legal process then false proof is manufactured.

It may be done using the machine as a weapon and is referred to the Indian Penal Code, rather
than through the summary of section 383 of the Indian Penal Code on Extortion for a offence
such as Internet jacking, forced mail, etc. Anyone who intentionally induces any individual or
another party to be frightened of harm, and thus manipulating the individual so frightened, to
offer another signed or secured property or valuable protection that might become valuable
protection, commits blackmail. This violation may also be accomplished by submitting threaded
e-mails, but the Informatics Act punishes this abuse.

Internet fraud is a big enterprise. The bulk of cybercrimes come under the category of fraud, but
the ITA does not describe the definition of fraud and most offences come under the Indian penal
code's prevision. In Article 25 of the IPC, a person is fraudulently defined, if he does it in order
47
to defraud, but not otherwise, to do something fraudulently. Section 66B of the IT law used the
term "dishonest motive" which is not specified in the IT act such that the IPC may be appealed
to.

If cyber-crime happens successfully, it is a crime identified in section 415 of I.P.C. as anyone

allows the fraud through the internet, it is simple for them to conceal their identity; this act is the
ideal offense given in section 416 of the I.P.C. that is a fraud by individual. In addition, for this
reason, the numerous cyber offenses are of interest under the sections as such as
405,406,463,465 of I.P.C. And virus launch under Section 43 of [Link] is given for under the
summary of Section 425 of the I.P.C.

Therefore, almost all computer offences are protected by Indian Penal Code but provided the
needs and growth along with the IT Act, some significant amendments were taken into account
in the Indians Penal Code in 2000. The amendments seek to make paperless transactions subject
to conventional law. This provision is necessary in the e-commerce era. The law eliminated the
basic provision of the paperless archives as well as papers as practical and administrative laws,
Indian Penal Code, 1860, Indian Proof Statute, 1872 and also the Criminal Procedure Code.

Any of the terms "information services" or "electronic ledger," including section 119, 167, 173,
175, etc are used in the Indian Penal Code. This covers cybercrime in the Indian Penal Code. In
addition, certain provisions concerning crimes which shall be performed by computers and other
communications tools have been introduced into the 2013 Criminal Law Reform Act. Section
354 C includes voyeuristic conduct and Section 354 harassment. The Web and networking apps
are vulnerable to these offences. Cyber criminality is also similar to the Indian Penal Code, while
different forms of offences are concerned. When you're looking at Section 354D It's what it is:

Sec. 354D. Stalking41 – (1) Any man who-

(i) The usage of the Internet by women is tracked, e-mail or some other means of electronic
correspondence, and the harassment crimes performed.
(ii) The individual is pursued by an individual and addresses, or the direct attempts made to
reach these people to facilitate intimate engagement regularly with a strong indicator of

41 Section 354D, Indian Penal Code, 1860.

48
 their lack of interest. if the guy who pursued him shows that such behavior is not a
stalking-
(i) The official concerned with the prevention and investigation of crime was liable for the
State; or
(ii) any act had been committed or complies with any rule or obligation levied by another
official in compliance with the law; or
(iii)that such action was fair and permissible in the relevant circumstances

(2) Whoever commits the offence of stalking shall be punished on first conviction with
imprisonment of either description for a term which may extend to three years and shall also
be liable to fine; and be punished on a second or subsequent conviction, with imprisonment
of either description for a term which may extend to five years and shall also be liable to
fine.
Thus, the Indian penal code covers the cyber-crime. There are various well-known
cybercrimes, which are not contended in Information Technology Act, but that covers in the
Indian Peal Code.

“Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh”

Tata Indom employees were exclusively franchised for Reliance Infocomm when they handled
the electronic 32-bit number (ESN) programmed to cell phone theft. Invokes section 65 of the
Information Technology Act, Court ruled that a misuse of source code.

3.5 “CYBER CRIMES IN INDIAN PENAL CODE”

(a) “Cyber Stalking”

The concept of cyber stalking is not widely agreed, although commonly defined as repetitive acts
of abuse or intimidation by cyber criminals to the victim through the usage of Internet services.
Stalking in general may be applied to as persistent stalking to victims such as the follow-up,
49
phone-blocking, murdering dogs, vandalizing properties to victims, leaving unwanted messages
or items. Stalking may contribute to serious acts of abuse, for instance physical harm to the
person. All depends on how the stalker operates. Within section 354D of the IPC it is illegal.

(b) “Cyber-squatting”
Cyber-squatting is the purchase of a domain name, which may be mistake squatting (where one
letter is different), which is used to receive reimbursement from the copyright holders, (including
the corporate name, business name or brand name). A registered proprietor can succeed in
cybersquatting by demonstrating that the defendant has registered a domain name consisting of
the distinctive mark of the plaintiff in bad faith and purpose to benefit. The elements that are
important for the assessment of whether there is a misrepresentation include the degree of which
the domain name includes the legitimate name of a registrant, prior usage of the domain name in
respect of marketing goods and services, the purpose of diverting consumers from one site to
another and the use of misrepresentation details.

(c) Data Diddling

This method of assault includes modifying raw data until a machine handles them and then
replacing them after they have been processed.

(d) Cyber Defamation

Cyber defamation does not vary significantly from the defamation given in IPC Sec. 499, it is
nothing more than any negative comment which constitutes cyber defamation that is intended to
harm the business or reputation of an individual. Defamation can be committed as divorce or
defamation. Cyber defamation is carried out where defamation happens through machines or the
internet, as for example, when someone publishes diamonds on someone or sends e-mails to all
his mates containing defamatory material.

(e) Trojan Attack

A Trojan, the software is appropriately named an illegal system that operates inside what appears
to be an approved application, hiding what it does.

50
 (f) Forgery
The usage of specialized machines, printers and Scanners will create fraudulent monetary notes,
postal and tax stamps, label sheets, etc. These assaults are very hard to manage. For example,
students around the nation buy falsified leaflets for large college deposits.

(g) Financial crimes

These offences are punished by both IPC and IT statute, including theft, bank abuse, cash
washing, etc. And all rules can be drawn as suck offences are committed. A leading bank in India
was tricked by misusing funds by modifying code logs for debit and credit accounts to 1.39
corers

(h) “Internet time theft”

It's just a sort of fraud, where the internet is a tool for this crime. This can indicate the use of
Internet hours by an unauthorized person paid by someone else. Unheard of such cybercrime
before confirmed by the victim. The IPC and the Indian Telegraph Act normally regulate this
offense.

(i) “Virus/worm attack”

Virus is a software that connects it to a device or a server and circulates to certain network
applications and devices. Currently, they adjust the data on a machine or erase it. Worms, unlike
viruses, the host does not need to bind itself. They actually create usable copies and do so
endlessly before all of the room on the computer's memory is destroyed. The modern criminality
is one form of violation. Except a computer offense, the Indian Criminal Code applies.

(j) “E-mail spoofing”

It is like an e-mail from one network, even though it was directly sent by another site. For
reasons like defaming an individual, monetary benefit, etc., such a crime may be committed. For
e.g., when A sends an email to a friend of B's with a disease via B's e-mail address, the
relationship between B and her friends could terminate.

51
 (k) “Email bombing”
E-mail bombing implies that the perpetrators are given multiple mails that break their account or
mail server. E-mail bombers can differ, from individual to business, and also from the provider
of e-mail services. This is one type of misery in which destruction occurs in the account or
server.
(l) “Salami attack”
This applies primarily to banking, and the financial institutions are thus the key perpetrators of
this violence. The peculiar aspect of this assault is that the shift is so small that it is entirely
ignored in a single situation. For e.g., an employee of the bank implements a system that deducts
a small amount of Rs 3 from the client’s account. There would be no visible such a tiny number.
Yet thanks to such fusion, a large sum is received by all account holders. This is simply a
criminal contravention.
(m)“Web Jacking”
The expression "hijacking" has originated from the phrase. The domain administrator removes
all ownership over the platform after a page has been jacked. The individual who has access to
this type of service is considered a hacker who may modify or even ruin details on the web. As
this is a kind of hacking, however the IT Act does not explicitly use the term hacking however
deals with various kinds of unwanted access and interference of the machine tools, thus IPC can
usually be used to encompass hacking of some kind42.
These are crimes that are covered under the Indian Penal Code, without the general principles of
criminal law and in particular the Indian Penal Code; cyber law is not applicable in India. The
essence and the origin of the offence is rather similar, however. Thus, even conventional crime
and cybercrime in India have a wider scope.

3.6 “INDIAN EVIDENCE ACT AND CRIMINAL PROCEDURE CODE”

In the Indian legal framework, these are two essential procedural rules. All are familiar with the
criminal justice process. When electronic and internet fraud offences are growing, the Act will
also be revised and updated to the era of information technology. The Indian Parliament enacted
the revised IT Bill 2006 on December 23rd, 2008, taking account of the requirements of the
enquired changes in the Indian Proof Act, Indian Penal Code and Criminal Procedure Law. The
42 Available at [Link]// Article by Rajkumar Dubey (Last Visited on 2022)
52
phrases "digital signature" and "digital fingerprint" as well as "electronic signature" and
'electronic signature certificate' are alluded to in section 3 of the Indian Proof Act.

Section 198 B has been added, in Criminal Procedure Law, after Section 198 A, whereby "No
court shall be conscious, except in a petition filed by the individual aggrieved by the crime, of a
crime which shall be punishable under Sections 417, 419 and 502 of the Indian Penal Code." In
addition, certain terms like "offenses" and "information capital," which are influenced by the IT
Act of 2000, are now fuller in the Indian Penal Code. It indicates that India has met new IT
problems successfully. There have been several changes to the Copyright Act claiming that such
information can be regarded as private and 'personal' land. In consideration of the demands of
society, cyber law now offers the administration of justice an interest.

3. “Cyber laws in India”

There are other rules and legislation concerned with computer crime, aside from the Information
Technology Act and Indian Penal Code. In some cyberspace abuse, even some civil laws are
important. However, cyber-crime is usually theft, therefore it involves criminal law, or also Tort
law is similarly important and will resolve the illegal usage of the machine and the internet.
Many cybercrime regulations prevail in India, with the exception of the Information Technology
Act 2000 and the Indian Penal Code 1860. You are as follows:
1. “Common Law (governed by general principles of law)”

2. “The Bankers’ Book Evidence Act, 1891”

3. “The Reserve Bank of India Act, 1934”
4. “The Information Technology (Amendment) Act, 2008 and 2009”
5. “The Information Technology (Removal of difficulties) Order, 2002”
6. “The Information Technology (Certifying Authorities) Rules, 2000”
7. “The Information Technology (Certifying Authorities) Regulations, 2001”
8. “The Information Technology (Securities Procedure) Rules, 2004 9”. “Various laws relating to
IPRs”

Therefore, the Indian judicial system has separate computer security laws. However, the nature
of cyber-crime is technical, so that the technical process requires the proper enforcement of
53
criminal law. There is a lack of professional procedure in Indian law, hence, while significant
criminal law is appropriate, but it cannot be applied in India due to lack of procedural dimension.
The underlying issue with cyber-crime is that the Internet may be misused in a particular manner,
and the perpetrators often exploit it uniquely enough that the justice system is not prepared to
satisfy the need. In addition, cyber-crime is transnational, and international collaboration is
therefore required. Lawmaking alone is not enough, without international collaboration cyber-
law cannot work. The IT Act 2000 and all the relevant legislation have transnational authority,
but compliance is only if any country in the world recognizes that this functions as a felony and
makes the prosecutions.

CHAPTER 4:
FREEDOM OF SPACE IN CYBERSPACE

54
4.1 INTRODUCTION

The practice of law also met the test of the general laws of law by special efforts. While
advances in special ventures often contribute to new areas of law being created, the legal
advocate faced constant difficulties and the emergence of different fields contributes to what can
be considered 'multidisciplinary dilettantism43’.

The internet is an imaginative platform nowadays under which the Internet or the social media
are named. It is internet, where anyone or someone will convey anything that needs to be
conveyed by bringing their own feelings or different items into place. Where they inform the
representatives of the public or the audience regarding their own views or others, their own
identities or others, their own cultures, or others, and where they mediate and persuade people to
obey their own methods or opinions, or actually disperse data.

4.2 “ARTICLE 19 OF THE INDIAN CONSTITUTION”

The State will enforce such limits on freedom of expression for problems in Section 19(2) of the
Indian Constitution–

• “Security of the State”,

• “friendly relations with foreign States”,
• “public order”,
• “decency and morality”,
• “contempt of court”,

• “defamation”,
• “incitement to an offence”, and
• “sovereignty and integrity of India”.

43 Jack M. Balkin, Digital Speech and Democratic Culture: A Theory of Freedom of Expression for the Information
Society, 79(1) New York University Law Review, 1 (2009).
55
Only a newly formed statute and not administrative order will place appropriate limits on such
grounds44.

Shreya Singhal v. UOI

In 2013, the Supreme Court of India encountered several problems in the Shreya Singhal v.
Union of India's basic right to freedom of speech and expression 45In Shreya Singhal, one of the
original points raised by the respondents was that the limitations on freedom of expression on the
Internet are not restricted in line with Article 19(2), since this is a whole different platform. This
argument was not taken by the Supreme Court. The Court relied on the Secretary, the
Information & Broadcasting Ministry against the Bengal Association of Cricket, to reject this
statement46 and held to be part of freedom of speech and expression the ability to collect and
disseminate information.

4.3 “TEST OF REASONABLENESS AND CYBERSPACE”

The determination of reasonableness is required in Article 19. With respect to V.G. Row v.
Madras State50 Determining "raison"-" the nature of the claim to right to be violating, the
objective imposed of restriction, the extent and urgency of the evil sought to be resolved thereby,
the imbalance of the burden, common conditions, should all be considered as part of the legal
decision." "The following factors will be relevant to the determination of "reasonability;" The
check in V.G. The exam Row has been improved in “Papnasam Labour Union” 47 And in other
situations that prevailed. The underlying premise was that cyberspace communication may be
limited by greater constraints than other media. Cyberspace's ideals will become its enemies. If
not more, procedural protections are at least as important as fundamental free expression
requirements. With fewer legal protections for website censorship, the Court has set a lower

44 Eugene Volokh, “Freedom of Speech in Cyberspace from the Listener’s Perspective: Private Speech Restrictions,
Libel, State Action, Harassment, and Sex”, Available at [Link] visited
on 2022)
45 Shreya Singhal v. Union of India, Writ Petition (Criminal), 167 of 2012 (Supreme Court)
46 Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal, AIR 1995 SC 1236
50
V.G. Row v. State of Madras, AIR 1952 SC 196
47 Papnasam Labour Union v. Madura Coats Ltd. (1995) 1 SCC 501
56
cyberspace standard, thus establishing a cyberspace gap in the broader case law of free
expression48.

“Explanation with three Categories”

• “Edited Electronic Conferences”: The information components of the online

meetings are the comment pages, the newsgroup, and the news page. The news
consumers are in listening mode, clearly waiting for the interesting news that is
intense, clear, and not violent. The writer is the materials boss. In this situation, if the
government assumes action at the point of printing, then it is considered "censorship."
In the first week of protests, the Egyptian Government bans or censors all media to
avoid knowledge from being disseminated from Egypt.
• “Avoidance of offence”: The viewer would usually tend to not listen to items that are
irrational. This can be categorized under an annoying expression if anything occurs.
The Egyptian protesters used banners and other methods to force President Hosni
Mubarak to give up his position in one specific event.
• “Parent control over their children access”: This enables parents to closely track
their children's exposure, especially with respect to exposure to sexual content,
through offline and online. Under this situation, parents are spiritual duty to think of
abuse and devastation not contributing to change of the new century.

4.4 “GOVERNMENT RIGHT TO INTERVENE”

Governments are permitted to intervene with the national laws and the rules in order to mitigate
the adverse consequences on others. However, it is clear that states are restricted by the territorial

48 “Freedom of the Speech”, Available at [Link] visited on 2022)

57
limits of law enforcement of certain countries. There are no spatial borders of the cyberspace
itself.

The censorship of the Egyptian government was responded by President Barak Obama, 28
January 2011. He stated that "free expression is human freedom," to the media contact. He also
claimed that "Egypt's citizens have equal freedoms. It contains the right to mutual marriage and
cooperation, the right to freedom of speech and the right to49.”

“The United States Jurisprudence: Cyberspace Specific Free Speech Protection”

The Indian Supreme Court also expressed interest in the application of U.S. case law in Indian
instances regarding free expression in many of the earlier proceedings. The principle that frees
expression comparativism was rejected is that decisions on the First Amendment do not relate to
the Indian framework, as although this amendment is absolute in terms of the exercise of the
right and contains no exception to the rule, Article 19(2) specifically provides grounds for
limitations50.

In Reno v. ACLU51, The interface between "First amendment free speech right" and
"cyberspace" has been challenged for the first time in the United States. The court tested the
constitutionality of two legislative clauses criminalizing obscene online children.

Reno v. ACLU-

The U.S. Supreme Court affirmed the provisions of the 1996 Communications Decency Act as
unconstitutional because they amounted to a content-based blanket restriction of free speech. The
Act criminalized the intentional transmission of “obscene or indecent” messages as well as the
transmission of information which depicts or describes “sexual or excretory activities or organs”
in a manner deemed “offensive” by community standards. The ACLU challenged the
constitutionality of two provisions under the First Amendment. The Court reasoned that the Act

49 “Remarks by the President Obama on the Situation in Egypt”, Available at

[Link] (Last visited on 2022)
50 Durga Das Basu, Vol. 2, Commentary on the Constitution of India, 2401 (8th edn., 2007).
51 Reno v. ACLU, 117 S. Ct. 2329 (1997).
58
failed to define “indecent” communications, and unlike in broadcast regulations, there was no
limitation on the applicability of the restrictions during certain times or to individuals. The Act
also failed to demonstrate that the transmission of “offensive” material was devoid of social
value.

In both cases the Court was moved by the genius potential of the Internet to detach state-owned
technologies. Throughout Internet proceedings, however, the Court applies standards of freedom
of expression to preserve the medium, contrast to earlier Court judgments restricting media
coverage, such as paper.

Justification for Greater Protection?

An analysis of the 'market space' approach in cyber space was also missing in Shreya Singhal. In
the court focused on cases which followed this method in the United States as considered in
Whitney v. California52,and Abrams v. United States

Whitney v. California –

The Supreme Court found that the California Criminal Syndicalism Act did not violate the rights
to free speech, due process, or equal protection and upheld a woman’s conviction for her
membership in a communist political party. Charlotte Whitney had been charged in California
for her involvement in the Communist Labor Party of California, which violated a provision in
the Act that prohibited someone from knowingly joining an organization that advocated
“criminal syndicalism.” The Court found that the Act sufficiently informed individuals what
conduct it considered unlawful, applied to everyone equally, and that the right to free speech is
not absolute. The concurring opinion authored by Justice Louis Brandeis has had a lasting impact
on American free speech jurisprudence.
It is alleged that in the case of Khushboo v. Kanniamal, the market-place approach was adopted
in Indian case law [13]. Expression can be often limited since there is no true freedom of speech
in the sector. The competition needs to be controlled because of undue editorial gatekeeping in
mainstream speech media, like journals etc. For example, because someone's integrity has
deteriorated due to what is written in a newspaper, it is vital that the speech is protected properly,

52 Whitney v. California, 250 US 616 (1927).

59
since someone else has no fair recourse to a system of freedom of expression, which is similarly
solid.

Yet with respect to cyberspace, the conditions are not the same. The Internet economy is more
effective given that there is much larger and more universal exposure to speech and
communication infrastructure than most outlets. The network of cyberspace therefore offers
much less ground to curtail freedom of speech.

The exposure and involvement offered by cyberspace is likely to mitigate much of the
offensebased damage. Highly participatory is cyberspace. Consequently, the production of
competing reports on cyberspace will better tackle the negative material that damages someone's
image than most newspapers.

CHAPTER 5:

60
 “CRIMES IN CYBERSPACE: OTHER ISSUES”

5.1 INTRODUCTION

Crime, this term does not have a definition accepted universally in the modern age, but it can be
described as crimes, or even as an offense harmful for a person or for the community or the
government, or as a misdeed of public interest. The law prohibits such acts and punishes them.
Which is the offense identified by every country's criminal law? While several nations have a
statutory database that is called the penal code, there is no such detailed legislation in certain
common law countries.

The State has the right to limit the ability to commit a crime seriously. Modern communities then
follow and stick to the judicial law in the process of examining and punishing the offence, and
the perpetrator may only be sentenced with different punishments, such as life sentence or even
the death in such states such as India, if proven guilty.

To be known as an offence, an act which is wrong which is often referred to as an actus reus will
typically be followed by a desire to do something immoral, i.e., men.

Cybercrime includes any illegal operation where the cause, target or instrument or place of crime
is a device or network. Cyber-crimes are offenses perpetrated using computers or in relation to
computers, especially on the Web, according to the Cambridge English Dictionary. In the field of
computer security are classified offences including the usage of software or technological
infrastructure in pursuit of security. Every human, properties, government, and society in general
can be involved in cyberspace crimes.

The common types of cyber-crimes are: -

61
 1. Hacking – An unauthorized person who attempts to bypass a computer network is
considered a hacker. Hacking is a fraud even though the network is not compromised
clearly because the user protection is invaded.

There are 3 different classes of Hackers.

a) White Hat Hackers – You are the hackers who feel that exchanging knowledge is nice
and it is your privilege to contribute your experience by making it easy to reach. But there are a
handful of "good" white hat hackers on computer systems.

b) Black Hat Hackers – After intrusion, Black hat hackers inflict harm. They can hack or
change data or use a program destroying virus or worms. They are also called crackers.

c) Grey Hat Hackers – These hackers are usually ethical but may breach hacker ethics from
time to time. They are trying to access networks, machines, and devices on their own. Network
hackers try to gain unauthorized access just to the challenge, curiosity, and information
distribution in private computer networks.

2. Cyber Stalking – The usage of twitter to threaten others includes cyber bullying. False
allegations, intimidation etc. require actions. In general, primarily males, and most victims’
females are cyber stalkers.

3. Spamming – Spamming sends over the Internet unnecessary bulk and advertising
communications. Even if most email users are annoyed, it is not unlawful if it does not harm
their network and interrupt the service to customers, or adversely impact consumers' behavior
towards Internet Service Provider.

4. Cyber Pornography – The rising internet approach to citizens often raises women and
children's victimization of sexual abuse through the internet. The internet sends photographs
of illegal child pornography to targeted children in order to attract children to the same fun,
then sexually exploitable for the benefit of children (pedophiles 16 years old or older, whose
children are attracted mainly or only sexually to kids without puberty).

62
5. Cyber Phishing – It is an illegal dishonest operation by collecting personal records, such as
usernames, passwords, and credit card information by disguising them in the online
correspondence as a trustworthy individual.

6. Software Piracy – It describes an unlawfully copied and sold client or specific usage of
information. That is a kind of copyright infringement and a breach of a licensing deal. As the
unauthorized user is not a license partner, remedies are hard to find. Software piracy occurs
in numerous cases. The New Delhi Nehru market is the largest in Asia, where pirated
software is easily identified.

7. Corporate Espionage – This includes stealing trade secrets through unlawful methods like
wiring or unauthorized intrusions.

8. Money Laundering – Laundering of money involves simply moving unlawfully acquired

cash to financial and other structures to look lawfully bought. It is before machine and Web
technologies and now it is safer and more efficient with online transfers.

9. Embezzlement – To order to execute this offense, Internet services are exploited. It is the
illegal misappropriation, custody and control of the offender's money, property, or other
valuables.

10. Password Sniffers – Those involve applications that track and document network users'
name and password when signing in, which jeopardize protection on a website. Those
installing the sniffer will copy and sign into a small document an authorized person.

11. Spoofing – Spoofing is the disguising of an electronically "feel" device as a machine, so as to

bypass a network that is usually restricted.

12. Credit Card Fraud – Consumers of credit card and calling card numbers have missed half a
billion dollars annually in the United States. The files were hacked from internet. Actually,
this cyber-crime is a significant problem, because many lawsuits in virtually every big
emerging and industrialized world have been reported.

13. Web Jacking – The term is forcibly controlling a website by splitting the password

63
14. Cyber terrorism – Cyber terrorism is also the usage of computer tools to harass or coerce
government, civil society, or some aspect of it to achieve political or social objectives.
Persons and organizations also seek to manipulate the secret existence of the internet in order
to intimidate and terrorize governments and civilians53.

5.2 EVOLUTION & PRESENT DEVELOPMENT

“Cyber bullies can hide behind a mask of anonymity online, and do not need direct physical
access to their victims to do unimaginable harm.”

Crime is both a psychological problem and an economic one. Their past is as deep as human
civilization. Several books and ancient tales from prehistoric periods have spoken of crimes done
by persons, or against certain citizens such as routine stealing and robbery or the country such as
thief, smugglers etc. Kautilya's Arthashastra, written around 350 BC, which is considered a
genuine administrative treatise in India, deals with the different crimes, security initiatives that
the rulers have to take, possible crimes, etc. And also promotes punishment for a list of certain
stipulated crimes. There have been different forms of penalties for reported offences and a debate
has also been made about the principle of restitution of damages to offenders.

• Delfi AS v. ESTONIA [17 Judges Judgments]- Conclusions, Delfi AS, a news source liable
for remarks posted on their website. - This case is focused on India, on the terms of Sec 79 in
the Information Technology Act of 2000 that covers intermediaries under such situations.

Crime impacts the citizens of society in some manner adversely. Owing to the quick expansion
of the Internet and the digitization of the economic activities, cyber-crime has developed rapidly
in emerging economies. The immense technical dominance in virtually every private field from
corporate governance and state government to the lowest level in small business owners who
computerize their accounting system implies machines and other electronic tools pervade human

existence. The impact is so widespread that nobody will live a day without computers and cell
phones. Snatching a smartphone means tossing one in solitary detention!

53 Available at [Link] (Last visited on 2022)

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The Internet is the greatest platform on earth today and is the easiest place for users to use it for
all. This provides many of the advantages and rewards such as the correspondence,
advertisements, electronic film, and music downloading, e-mailing, instant feedback and the
quest for complaints. There are various types of web scams and fraud and you have to be very
careful. It has troubled people and organizations since the internet was introduced and many
times simple things can make you a victim even if you do not know.

In any sector, technical advancement is correctly said to have drastic implications across all
walks of life. The development of science and technology, of particular in the field of
connectivity and intelligence, has therefore created disruption that opens up different viewpoints
for citizens, including offenders. Crime studies today reveal the multiple Internet and mobile
phone supporters conducted cybercrimes. In comparison, legislators were required to draw up
special laws to deal with offences perpetrated using the system in question.

Such controversies, such as C.D, if you are to believe papers. The police have avoided rackets. In
the world of communication and development, it is another aspect of transition. Under the Act of
2000 on IT, the device is described as a machine that means "any magnetic electronic system,
optical or other high-speed data processing device or system that performs logical memory and
arithmetic functions through electronic and optical impulses manipulation, and any inputs,
outputs, information storage systems, computer software and communicative equipment54.

“Development of Cyber Crime”: -

Cybercrime is neither defined in the IT Act 2000 nor in the I.T. Modification Act 2008 or some
other law in India. We might assume that in order to detect cybercrime, it is just a mixture of
crime and a machine. Simply stated, "any offense or abuse that a machine has been used for is a
cybercrime." Interestingly, whether simple data or assistance is kept in a device used (or used

abusively) by the fraudster, only minor crimes such as the theft of cybercrime or picking up of
the pockets may be considered part of a wider reach. They could be hackers who vandalize the

54 Information Technology Act, 2000A computer has multifarious functions and it is regarded as a superman. It
provides information as well as communication by means of internet. It is the fastest mean for input and output of
transportation of information. In official meaning, the term “internet” is popularly known as “world wide web”
(www)
65
website, show confidences, or capture company secrets or intellectual property by accessing the
Internet. It may also involve 'negating programs' and destroying viruses.

In addition to criminal activities, cyber criminals involve computer-based computer operations

which continue to commit criminals such as financial crimes, the selling of illegals, pornography,
or gambling, stealing of information stored in the electronic medium, spoofing, forgery, cyber
defamation, cyber-speaking, non-authorization of information contained in emails, physical
explosives, e-mail explosives. In a cybercrime, the device, or the data itself is the subject or
victim of an infringement or a justification for performing some other offence. All such crime is
known more generally as cyber-crime.

In the past, persons or limited numbers of citizens have perpetrated cybercrime. However, we see
an emerging phenomenon of mainstream organized crime groups and criminally conscious it
workers partnering together and pooling their expertise and money.

For the offenders concerned, this strategy was quite successful. Cybercrime losses of USD 8
billion in 2007 and 2008 is calculated worldwide. Cyber criminals have targeted companies
worldwide for close to USD 1 trillion in intellectual property theft.

“Categories of Cyber Crimes”

The following groups can involve computer criminals:

i) “Crimes Against Persons”:

• Harassment via E-Mails: Harassment by submitting emails, file / folder attachments,

i.e., e-mails. Harassment in web media is actually widely used, i.e., Day after day Orkut,
Hangout, Zapak, Facebook, Twitter etc.

• Cracking: It was considered to be one of the most serious cyber criminals. A software
thief has penetrated in without your permission and approval through your operating
networks and Tampere has your sensitive details and secrecy.

66
 Cyber-Stalking: This means a physical danger which, by using digital technologies such
as the internet, email, telephones, texts, webcams, websites, or images, generates fear.

• Hacking: It means that unauthorized computer system control / access and hacking
destroys both the entire data and the computer program. Typically, hackers breach
internet and broadband networks.

• Dissemination of Obscene Material: It includes sexual exposure/ pornography, running

the website containing such banned materials (mostly child pornography). Such lewd
items will injure the adolescent's mind and begin to deprave or corrupt his soul. This will
render humanity a big error.

• SMS Spoofing: Spoofing is a spam block that ensures that unsolicited messages are
stopped. In this scenario, a thief robs another's identification by using a cell telephone
number and sends SMS via Internet and recipients from the victim's mobile telephone
number.

• Assault by Threat: It applies, by the usage of a computer network, to the danger to an

individual of concern for their life or their families' lives. Audio or computer e-mail.

• Page jacking: Once a web site is accessed of the URL, click on the button, and an
unknown page is activated. This happens anytime someone steals and uses part of a
specific website in a false article. Through using the actual website enough, Internet
search engines may be fooled into showing the false website and users can mistakenly
access it. Unfortunately, website jacking cannot be avoided but can only be dealt with.

• Advance fee scams: An advance payment fraud is very simple to recognize because
payments or products are demanded in exchange later on for credit or property. Such
schemes can seem convincing and have taken in several people.

• Defamation: It is a means of blaming another individual with the intention of raising the
person's integrity by breaching his mail account and sending mail to unknown people
with a derogatory language.

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 E-Mail Spoofing: One may assume that an email spoofed reveals the root of the e-mail.
This indicates that the root is distinct from the sources of it.

• Child Pornography: It requires the use of computer networks to develop, transmit or

view materials that involve minors sexually.

• Carding: This means bogus ATM tickets, that is to say. Debit and credit cards used for
their monetary gain by offenders by wrongly stealing funds from the bank account of the
individual. ATM cards for this sort of cyber-crime are still illegal.

• Cheating & Fraud: It means that the individual who commits computer theft, i.e., robs
of login and data storage, is guilty, which contributes to abuse and abuse.

ii) “Crimes Against Persons Property”:

While foreign commerce is quickly expanding, with businesses and customers constantly use
machine to produce, distribute and store data in electronic media, there are several crimes
involving the properties of citizens instead of conventional paper records:

• “Intellectual Property Crimes”: Any criminal act that completely or partially deprives
the owner of his or her property shall constitute a crime. Software piracy, copyright
infringement, trade secrets, trademarks, prototypes, misuse of device source code, etc are
growing ways of violation of the IPR.

• “Cybersquatting”: It implies that two parties say that they have recorded the name first
by having it before the other or by doing it identical in the past. For example, two similar
names i.e., [Link] and [Link].

• “Cyber Vandalism”: Vandalism intentionally implies the vandalism or degradation of

someone else's land. Therefore, cyber vandalism ensures that anytime a process is
stopped or interrupted it can kill or impair records. This can include any actual harm done
to another person's device. These actions may take the form of machine burglary, any
device or a machine-connected peripheral.

68
 “Hacking Computer System”: Because of the malicious operation data and device
would be destroyed. Research also reveals that the attacks did not necessarily lead to
financial benefits as much as to undermine the credibility of a single entity or
organization.

• “Transmitting Virus”: Viruses are programs that connect to a computer or file and then
circulate on other files and other network computers. They usually change or delete
information on a computer. Worm assaults play a significant part in manipulating
people's operating device.

• “Cyber Trespass”: It means accessing the device without the owner's proper permission
and by utilizing the wireless Internet link does not affect, change, abuse, or harm data or
systems.

• “Internet Time Thefts”: In essence, theft of Internet time is hacked. The usage of
Internet hours charged for another user for an illegal individual. The person who has
access, either by cheating or by unlawfully downloading, to another's IP user ID and
password uses the internet without the permission of the other party. You may detect time
theft because, given limited usage, your Internet time is always recharged.

iii) “Cyber Crimes Against Government”:

Many crimes are committed by groups of people who wish to undermine foreign governments by
the usage of Internet:

• “Cyber Terrorism”: In both domestic and foreign relations, cyber warfare is a big
burning problem. This terrorist assaults are popular on the Internet via the distributed
denial of service attack, hate websites and hate emails, computer network attacks, etc.
Cyber warfare challenges the nation's security and dignity.

• “Cyber Warfare”: It applies to politically based assassination and espionage operations.

This is a type of information warfare that is sometimes perceived to be similar to

69
 traditional warfare, although its precision and political purpose are problematic.
“Distribution of pirated software”: This includes transmitting pirated applications from
machine to device to hack government documents and official records.

• “Possession of Unauthorized Information”: Any knowledge from terrorists can also be

easily accessible via the Internet and acquired for financial, economic, private,
ideological purposes.

iv) “Cybercrimes Against Society at large”:

An immoral act to destroy the cyberspace would impact a huge majority of the citizens:

• “Child Pornography”: The usage of information networks involves producing, sharing,

or viewing materials that abuse juveniles sexually. Rising publicity and obscenity
practices are also protected.

• “Cyber Trafficking”: Trafficking of narcotics, weapons, arms etc. may impact a broad
variety of individuals. Cyberspace theft is indeed a significant problem.

• “Online Gambling”: Online hacking and theft is one of the most profitable companies in
cyberspace today. Many reports are identified involving credit card violations,
contractual violations, work formation, etc.55.

• “Financial Crimes”: This is a popular form of crime as network users and

telecommunications networking providers are increasing increasingly where the attacker
tries to assault by transmitting bugs or messages through the internet. Ex: Abuse of
payment cards via unauthorized authentication56. “Forgery”: It is to mislead many
citizens by sending threatening mails, as electronic transactions are the normal
requirement of the present way of life61.

55 Available at [Link] visited on 2022)

56 Available at [Link] (Last visited on 2022)
61
Ibid

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5.3 “NEED FOR CYBER LAWS”

The global propagation of digital technology. When internet consumers become even more
complex and the extent of online activity is growing, computer offenses such as breach of online
contracts, online misconduct, etc. As a result, a strict cyberspace authority law was required to
regulate cyber-related criminal activities and to provide the victim of cyber-crime with better
justice administration. Information-crimes must be controlled in the new world of information
technology, especially cyber-law in the case of cyber-terrorism and hackers.

The word cyber law encompasses the regulatory issues related to the usage of communicative,
transactional, and sharing elements of networked information infrastructure tools. It is not so
different from property or contract law, because it is a field covering numerous legal and
regulatory sectors. IT law is a collection of recent legislative texts in different countries that
govern digitally the production and distribution of information. Such laws cover a broad variety
of issues related to computer software, computer software regulation, digital content access and
control, safety, surveillance, online and mobile uses and Internet access.

IT legislation in India: In the mid-90's globalization and computerization is fueled by a

increasing number of digital nations and e-commerce. Throughout the past, records were
exchanged only through post and telex, much of the foreign company and transfers were made.
Before then, facts and documents is primarily document proof and paper reports or other hard
copy sources only. With a large proportion of foreign exchange by electronic correspondence
and the production of e-mail goods, there was an immediate and imminent need to consider
electronic documents, that is. Data processed on a device or an external disk linked to it. In 1996,
the Model Law on e-commerce was authorized by the UN Commission on International Trade
Law (UNCITRAL). In January 1997, the General Assembly of the United Nations adopted a
resolution proposing, inter alia, that the above-mentioned Model Policy, which requires
electronic record identification and according to the same procedure as paper contact and
documentation, be granted favorable considerations in the UN.

Objectives of I.T. legislation in India: In this case, the Government of India has enacted its IT
Act 2000 with as follows the objectives set out in the Preface of the Act itself. 'to include legal
protection for purchases through electronic media and through electronic means, usually referred

71
to as electronic trading, including the usage of alternatives to paper-based correspondence and
evidence storage, to encourage the online delivery of records to government agencies and further
amend the “Indian Penal Code”, the “Indian Evidence Act, 1872”, the “Bankers’ Books
Evidence Act, 1891” and the “Reserve Bank of India Act, 1934” and for matters connected
therewith or incidental thereto.”

The IT Act of 2000 was enacted as Law No. 21 of 2000, obtained the assent of the President on 9
June and became effective on 17 October 2000.

The Act mainly addresses the following questions:

• “Legal Recognition of Electronic Documents”

• “Legal Recognition of Digital Signatures”
• “Offenses and Contraventions”
• “Justice Dispensation Systems for cyber-crimes”57.

Amendment Act 2008: As the nation's first law on telecommunications, machines and
community, the Act became the target of considerable discussion, comprehensive analyses, and
criticism, with certain sections of the business opposed it for becoming restrictive while others
saying it was overly weak with conservative. There have been several significant omissions
which have prompted prosecutors, also in technology-based proceedings, to focus more and
more on the proven (one and a half-century-old) Indian Penal Code. Act is also mentioned, and
the dependency of the IPC is more important than the ITA.

Therefore, the I.T felt the need of an alteration – a thorough one. The Act itself also dates from
2003-04. Global business organizations have been surveyed and advisory councils have been
formed to resolve potential I.T gaps. Run, equate, and propose guidelines with specific
legislations in other nations. The proposal was evaluated and eventually taken into account as an
aggregate amending act and after significant procedural procedures; the combined bill, the
Information Technology Reform Act 2008, was adopted in Parliament and approved without any
debate by the end of 2008. This

57 Available at [Link] (Last visited on 2022)

72
The President's reform act was authorized on 5 Feb 2009 and came into effect on 27 October
2009.

Two of the ITAA's most important characteristics are:

• “Focusing on data privacy”

• “Focusing on Information Security”
• “Defining cybercafé”
• Defining the position of Intermediaries
• Recognizing the involvement of the Indian Software Emergency response Team
• Inclusion of new cybercrimes such as child abuse and cyber terrorism
• Authorization of an auditor to prosecute cyber-criminalities
• Keeping the digital signature system neutral. (as against the DSP earlier)

5.4 INDIAN PERSPECTIVE

There was no legislation for cyber-laws in India addressing concerns relating to anonymity,
sovereignty and intellectual property rights and a variety of other legal problems surrounding the
Indian cyber-space situation and cyberspace rules. The Parliament of India introduced in 2000
the goal of securing the area of e-commerce, e-governance, e-banking and punishments and
sanctions with regard to cybercrimes, because of the potential to exploit technology. There is a
need to provide stringent regulatory regulations to control illegal activity in the cyber
environment and preserve the correct definition of technology IT-ACT. The above Act was
further modified by the IT Extension Act, 2008. Section 21 of the Indian constitution includes
laws on cyber space crime which lay down various liabilities in India as well. As some parts of
IPC and some cyber-crime violate the right to privacy.

“CONSTITUTIONAL LIABILITY”

73
The harvesting or robbing of a private property is a complete breach of one’s right to privacy.
The Indian Constitution does not have the unique "freedom to secrecy," which is covered under
the IPC as one of the basic rights reserved for indigenous citizens.
The right to privacy is a natural and important needs for every human being since it limits the
entry of the other person. The right of privacy forbids interference into certain private lives.
India's Apex Court has made clear in its court rulings que, according to Article 21 of the Indian
Constitution, the right of privacy is an essential element of the fundamental right.

The right to privacy thus comes under the framework of Article 21 of the Indian Constitution. If
a cybercrime is connected with private property or family affairs, the perpetrator may be charged
with violating Article 21 of the Indian Constitution and penalties recommended can be used
against the perpetrator.

“CRIMINAL LIABILITY”

The Indian Penal Code (IPC) determines criminal liability for electronic crimes in India. Any
branches of the IPC discuss specific cyber criminals:

• “Sending threatening messages by e-mail” (Sec .503 IPC)

• “Word, gesture or act intended to insult the modesty of a woman” (Sec.509 IPC)
• “Sending defamatory messages by e-mail” (Sec .499 IPC)
• “Bogus websites”, “Cyber Frauds” (Sec .420 IPC)
• “E-mail Spoofing” (Sec .463 IPC)
• “Making a false document” (Sec.464 IPC)
• “Forgery for purpose of cheating” (Sec.468 IPC)
• “Forgery for purpose of harming reputation” (Sec.469 IPC)
• “Web-Jacking” (Sec .383 IPC)
• “E-mail Abuse” (Sec .500 IPC)
• “Punishment for criminal intimidation” (Sec.506 IPC)
• Open contact with violent abuse (Sec.507 IPC)
• “Obscenity” (Sec. 292 IPC)

74
 • Printing etc. of grossly unreasonable or scurrilous blacksmiths (Sec.292A IPC)
• Selling to young people of indecent items, etc. (Sec .293 IPC)
• “Obscene acts and songs” (Sec.294 IPC)
• “Theft of Computer Hardware” (Sec. 378)
• “Punishment for theft” (Sec.379)
• Otherwise, the IPC places criminal liability on the convicted any other item of
legislation and such rules: -
• “Online Sale of Drugs” (NDPS Act)
• “Online Sale of Arms” (Arms Act)
• “Copyright infringement” (Sec.51 of copyright act, 1957)
• Anyone who deliberately commits or supports the abuse of (Sec.63 of copyright act,
1957)
• Improved second and potential prosecution fine (Sec.63 A of copyright act, 1957)
• awareness about the existence of a clone violating the computer software (Sec.63B of
copyright act, 1957)

Such parts refer to the appearance of the investigating officer, to the complaint filed by the
prosecuting agency and to the essence of cybercrime.

There are a variety of lawsuits lodged in India in connection with computer crime in compliance
with these IPC provisions. In 2012, 601 cases have been filed in the form of different IPC laws,
according to the Home Ministry's report58.

“TORTIOUS LIABILITY”

The theory of community responsibility in the case of Donoghue v. Stevenson is set down in the
Computer Crime. However, the greatest fault in computer crimes remains the IT Act, 2000 (as
amended).

In India, the IT Act 2000 was enacted to include legal approval of electronic contact transactions.
Any breach of the Software Contracts, Intellectual Property and Human Rights legislation is a
criminal offence. To these offences, the Act prescribes heavy fines. Further improving penalties
58 Available at [Link] (Last visited on 2022)
75
has been the Information Technology (amendment) Section, 2008(Act 10 of 2009). For other
kinds of computer crimes, life imprisonment and fine up to rupees of 10 lakhs can be given. In
the case of harm to the device, computer system or computer network b, reimbursement up to
five cribs can be given to the persons concerned.

The following sections are dealing with the cyber-crimes:

• Penalty and indemnification on machine, machine, etc. losses (sec. 43 IT act)

• “Compensation for failure to protect data” (sec. 43A IT Act)
• “Tampering with computer source Documents” (sec. 65 IT Act)
• File modification of operating systems (sec. 66 IT Act)
• Sending offensive messages through contact, etc (sec. 66A IT Act)
• Receive robbed machine or contact system untruthfully (sec. 66B IT Act)
• “Identity theft” (sec. 66C IT Act)
• Cheating by utilizing a device tool (sec. 66D IT Act)
• “Violation of privacy” (sec. 66E IT Act)
• “Cyber terrorism” (sec. 66F Act)
• Electronically print or send pornographic content (sec. 67 IT Act)
• publication or dissemination through electronic means of content involving sexually
suggestive activities, etc. (sec. 67A IT Act)
• Punishment of publishing or transmitting electronically children's imagery in sexually
explicit act, etc. (sec. 67B IT Act)
• “Preservation and Retention of information by intermediaries (sec.67C IT Act)”
• “Powers to issue directions for interception or monitoring or decryption of any
information through any computer resource (sec. 69 IT Act)”
• “Power to issue directions for blocking for public access of any information through any
computer resource (sec. 69A IT Act)”
• “Power to authorize to monitor and collect traffic data or information through any
computer resource for Cyber Security (sec. 69B IT Act)”
• “Un-authorized access to protected system (sec. 70 IT Act)”

76
 • “Penalty for misrepresentation (sec. 71 IT Act)”
• “Breach of confidentiality and privacy (sec. 72 IT Act)”
• “Publishing False digital signature certificates (sec. 73 IT Act)”
• “Publication for fraudulent purpose (sec. 74 IT Act)”
• “Act to apply for offence or contraventions committed outside India (sec. 75 IT Act)”
• “Compensation, penalties or confiscation not to interfere with other punishment (sec. 77
IT Act)”
• “Compounding of Offences (sec.77A IT Act)”
• “Offences with three years’ imprisonment to be cognizable (sec. 77B IT Act)”
• “Exemption from liability of intermediary in certain cases (sec. 79 IT Act)”
• “Punishment for abetment of offences (sec. 84B IT Act)”
• “Punishment for attempt to commit offences (sec. 84C IT Act)”
• “Offences by Companies” (sec. 85 IT Act)”

Such parts refer to the appearance of the investigating officer, to the complaint filed by the
prosecuting agency and to the essence of cybercrime.

The IT laws pertaining to cybercrime in India include a variety of instances. In 2012 there were
2876 cases lodged under specific IT act regulations, according to the estimate by the Indian
Home Ministry.59

“ANALYSIS OF INDIAN CYBER LAWS AND POLICING SYSTEM”

Shri Pavan Duggal, a top authority on cyber-law in the country and Supreme Court, “While the
lawmakers have to be complemented for their admirable work removing various deficiencies in
the Indian Cyberlaw and making it technologically neutral, yet it appears that there has been a
major mismatch between the expectation of the nation and the resultant effect of the amended
legislation. The most bizarre and startling aspect of the new amendments is that these
amendments seek to make the Indian cyber law a cybercrime friendly legislation; – a legislation
that goes extremely soft on cybercriminals, with a soft heart; a legislation that chooses to
encourage cyber criminals by lessening the quantum of punishment accorded to them under the
59 Ibid
77
existing law; …... a legislation which makes a majority of cybercrimes stipulated under the IT
Act as bailable offences; a legislation that is likely to pave way for India to become the potential
cybercrime capital of the world60”

“SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra”

In this case, defendant Jogesh Kwatra as the employee of the plaintiff, started to give the
business and the managing director insulting, defamatory, grim, lewd, dirty, and offensive emails
in order to distract the organization and its administrators. The Delhi High Court barred the
defendant from giving the claimant or his sister companies around the world including its
Managing Directors and Sales and Marketing Divisions insulting, defamatory, pornographic,
offensive, degrading, and violent communications. In fact, Hon'ble Judge refuses publishing of
any details in the real universe, or the dissemination in cyberspace, which is insulting,
defamatory, or disrespectful to complainants. In the same manner, the claimant is not freely
accessible. This Delhi High Court Order is incredibly significant, because this is the first time
that the Indian Court exercises control over a cyber defamation case and grants the complainant
an order prohibiting defamation by sending defamatory emails the complainant.

May's is not cynical regarding the online crimes of the new laws or about the potential for crime
to through. It doesn't, of course. The piece of legislation is commendable, an achievement in the
nation's technical development, which is a groundbreaking first move. However, let us not be
convinced that the current regulation is adequate. Recall that offenders always grow higher than
prosecutors and always seek to push the system a step forward.

CHAPTER 6:

60 Pawan Duggal, Is this treaty a treat? Available at [Link] (Last

visited on 2022)
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 CONCLUSION AND SUGGESTION

6.1 CONCLUSION

Cyber-crime is a modern type of criminality that has arisen as a product of a networked world
computerization of various operations within an enterprise. Cyber criminals become a rising
concern because IT is increasingly raising.

There is a detrimental side of technology since it encourages industry. The law usually keeps
pace with technical progress, but it is difficult to keep up with the legal system in recent years,
especially in the field of information and technology. The modernization of criminal codes in
several countries that predated the invention of computers is a significant issue. In order to deal
with computer-related frauds such as hacking, mistreatment and data deletion, theft of software,
software attacks etc. on the one hand, existing legislation must be altered, and new legislation is
also needed to ensure the protection of data and to ensure piracy. This is necessary if India is to
retain the trust of the investor, in particular among international organizations that submit vast
quantities of data to India for back-office operations. For outsourcing agreements that confer on
an Indian company confidential data or business secrets of a foreign company and/or confidential
and personal data of the client, data protection is vital.

In addition, a "General Criteria Laboratory" is designed for the government and will be
supported by a Technological Growth Information Technology Committee, which will conduct
extensive cryptographic and public protection work. Because prevention is often easier than
treatment, the smart internet user can take some precautions during internet operations and take
some preventive steps for cyber-crimes:

i. No individual would ever submit a number of his credit card to some non-secured
website to shield him from fraud.
ii. The release of personal details to outsiders via email or conversation will be stopped.
iii. Some photos submitted to odd persons online, as picture accidents are being misused
more and more every day.
iv. Parents will also hold an eye on the places their children access to in order to avoid
abuse or depravity of children.

79
 v. Owners of Websites can track traffic and check any website anomalies. As the
number of Internet users increases every day, the website owners are liable for
following such strategies to deter cybercrimes.
vi. The lawmakers will enact specific procedural rules taking into consideration the
needs of networks (cybercitizens or organizations or individuals involved in online
societies and the Internet user).
vii. Web servers hosting information services must be secured from internal business
networks physically separately.

viii. All netizens can utilize anti-virus program updates to defend against virus threats and
should maintain back-up amounts such that data failure in the case of virus infection
will not be encountered.
ix. It is best to use a corporate protection system to monitor site content.
x. The department should enact some information network security guidance and alerts
and should also come up with more strict legislation to shut down illegal cyber
behavior.

xi. Because cyber-crime is the greatest danger to countries across the world, some
foreign measures to deter cyber-crime should be taken.

xii. The special Task Force of the police should be formed, who is a techno specialist.
xiii. Survivors of computer offenses must be entirely taken to justice by compensatory
measures and offenders disciplined with the maximum potential level of penalty, in
order to deter cyber-crime perpetrators. [15]

6.2 SUGGESTION

Free expression problems are not yet a fresh beer in the same container in cyberspace. Speech
freedom legislation is concerned with cyber space considerations such as size, coercion, greater

80
deterrent impact, accessibility, function of modern intermediaries, etc. Equality of expression
jurisprudence can also not only be extended to cyberspace, but also be adjusted carefully. The
attitude of the courts to the issue of cyberspace, according to Art. 19(1)(a) and Article 19(2), can
be good or evil. The Internet's characteristics may provide ground as the contrast with the
American and the Indian case law regarding the free expression in cyberspace .

Furthermore, cyberspace's free expression issues are not only focused on web filtering but rather
on implicit technological restrictions that, at times, may have a significant effect on the flow of
expression. Finally, simple statutory rewards are not necessary for appropriate enforcement in
cyberspace expression rights. The decisions taken by parliamentarians, administrative
authorities, technologists, entrepreneurs, and end-users could also affect the culture of freedom
of expression in the cyberspace. While strategies and regulatory decisions may impact free
speech principles directly, the role of the judiciary in planning constitutional precedents cannot
be undermined.

As intellectual property is one of a country's precious possessions, it should be safeguarded at all

times, because a individual uses his talents to practice to construct intellectual property. On the
other side, stricter legislation in this area is desperately required to ensure that in future such IPR
based offenses will be stopped. The proposed legislation on domain names will be intended to
offer fair protection for proprietors of trademarks and service marks in association with
defendant names which are identical or confusingly close to trademark names. It should act in
protecting its intellectual property online as an important tool for trademark holders.

In the US, it has unique law for cybersquatting protection, i.e., "U.S. Anti-cybersquatting
consumer rights law, 1999, which safeguards the interests of registered and non-registered
trademark owners against the usage of domain names for their logos and safeguards living
persons, in some conditions, from the use of their own personal names. It is also high time for
India to introduce such effective laws to secure the interests of patent owners of trademark.

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 BIBLIOGRAPHY

AUTHOR

i. Deepti Coora and Keith Merrill: Cyber Cops, Cyber Criminals, and the Internet (2002) p.
198.
ii. Dr. R.K. Raghvan: Salutations, CBI Bulletin Vol. VIII No. 2 February 1999, p. 4.
iii. Gabriel Weimann was addressing a Conference on Internet Security at the headquarters
of Germany's Federal Police Office (BKA) (as reported in Times of India, Delhi edition,
dated November 23,2007)
iv. Pawan Duggal: Cybercrime (2003) p. 17
v. Suri R.K. & Chhabra T.N: Cybercrime (Reprint, 2003) p. 45
vi. Tenth U.N. Congress on Prevention of Crime & Treatment of Offenders was held in
Vienna on April 10-17, 2000.
vii. Tiwari, Shastri and Ravi Kumar: Computer Crime and Computer Forensics (2002)
Preface p.

BOOKS
i. Textbooks
ii. Reference books

JOURNAL

i. Dr. R.K. Raghvan: Salutations, CBI Bulletin Vol. VIII No. 2 February 1999, p. 4. ii.
Durga Das Basu, Vol. 2, Commentary on the Constitution of India, 2401 (8th edn., 2007).

NEWSPAPER
i. Times of India
ii. India Today

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SECTIONS
i. Section 65, The Indian Information Technology Act, 2000
ii. Section 198 A of Cr. P.C. 1973
iii. Section 354D, Indian Penal Code, 1860.
iv. Section-66A- Fundamental right of Free Speech & Expression- Guaranteed

ACTS
i. Information Technology Act 2000
ii. Criminal Law Amendment Act 2013
iii. The Design Act 2000, The Semiconductor Integrated Circuits Layout-Design
Act 2000
iv. The Copyright Act 1957
v. Trademark Act 1999
vi. The Patents Act 1970
vii. The Geographical Indications of goods (Registration and Protection) Act 1999,

REPORTS

i. The report of the United Nations International Review of Criminal Policy on Prevention
and Control of Computer Crime
ii. Report of Home Ministry, in 2012

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WEBSITES
i. [Link]
ii. [Link]
iii. [Link]
iv. [Link]
v. [Link] /
vi. [Link]
vii. [Link]
viii. [Link]

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