This Article is submitted by –
- Vanshika Gupta
What is cyber crime?
The term ‘cyber crimes’ is not defined in any legislation or statute.
The word ‘cyber’ is used to refer to anything related to computers and computer networks. Thus, we can say that ‘cyber crimes’ are crimes/offences which are related to or involve the use of computers and computer networks.
Further, the National Cyber Crime Reporting Portal has defined ‘cyber crime’ as “any unlawful act where a computer or communication device or computer network is used to commit or facilitate the commission of crime”.[1]
The Gujarat High Court in the case of Jaydeep Vrujlal Depani v. State of Gujarat[2] (in the order dated 27 July, 2018), defined cyber crime as ‘the offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet (networks including but not limited to Chat rooms, emails, notice boards and groups) and mobile phones (Bluetooth/SMS/MMS)’.
With the increasing growth and development of information technology and internet usage, the possibility of crimes related to computers was increased simultaneously, and therefore, the Legislature, felt that it is essential to take steps for regulating electronic communication and checking the cyber crimes and enacted the Information Technology Act, 2000 (“IT Act”), which underwent major amendments in 2008. Prior to the enactment of the IT Act, the Indian Penal Code, 1860 (“IPC”) dealt with some of the crime committed through the computer and computer networks.
At present, both the IT Act and the IPC contain provisions for penalizing a number of cyber crimes and inevitably, there are many overlapping provisions in the IPC and the IT Act.
Legal recourses available against the following cyber crimes:
Making a fake profile, on which offensive content is posted including morphed photographs?
Firstly, everyone should be aware of the law and the legal provisions surrounding the offence committed by the performing the above-mentioned act.
Creating a fake profile of a person would amount to identity theft which is punishable under Section 66C of the IT Act with imprisonment of either description for a term which may extend to three years and fine which may extend to rupees one lakh.
Posting offensive content including morphed photographs amounts to defamation and tarnishing the image of the victim which would attract punishment under IT Act under Section 66D (punishment for cheating by personation by using computer resource), Section 66E (punishment for violation of privacy), Section 67 (punishment for publishing or transmitting obscene material in electronic form), 67A (Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form). The punishment under these offences can extend as high as five to seven years.
Further, the act in question could also attract punishment under IPC under Section 465 (punishment for forgery), Section 469 (forgery for the purpose of harming reputation), Section 509 (words, gestures or acts intended to insult the modesty of a woman), Section 354A (sexual harassment), Section 290 (public nuisance), and Section 501 (printing or engraving matter known to be defamatory).
Now, the first course of action of someone coming across such a fake profile should be to report the account/profile to the service provider (for instance, Twitter, Facebook, Instagram, etc.) as most of these service providers have facility for reporting and blocking fake profiles.
However, usually in such situations the reputation of the victim is stake, and the action taken by the service provider may not be satisfactory, therefore, the victim can file a FIR with the cyber crime cell or the local police station, under the relevant provisions of the IT Act and the IPC. Further, an online complaint can also be filed on National Cyber Crime Reporting Portal[3] (https://cybercrime.gov.in).
Some precautions that should be taken include:
- Ensuring that your privacy settings are such that it protects your account and anything that you share on it.
- Not adding strangers, or even mutual friends (unless and until you personally know them).
- Identifying fake profiles or pages that send you request or asking you to follow them and reporting them to the service provider.
Cyber bullying and harassment caused through video games?
There is no specific law/legal provision dealing with cyber bullying and harassment caused through video games like the blue whale challenge and owing to the increase in such crimes being committed through video games by taking advantage of the vulnerability of children, it is high time that the legislature enacts some provision punishing such video game developers.
Now, the first course of action of someone coming across such a video game should be to spread awareness regarding the ill-effect of the video game among the parents and teachers so that they can ensure that the children of young age do not get trapped into playing such video games.
Further, a representation can be made under Section 69A of the IT Act which empowers the Central Government to issue directions for blocking for public access of any information through any computer resource.
Also, a FIR can be registered with the cyber crime cell or the local police station under Section 503, 506, and 507 of IPC (for criminal intimidation) and under Section 290 of the IPC (for public nuisance).
Relationship scams, wherein the scammer uses the emotional connect to trick you?
The act of developing online friendship and then using the emotional connect to trick you, would amount to an offence under the IT Act as well as under the IPC.
Under the IT Act, the above-mentioned act would be punishable under Section 66D which deals with punishment for cheating by personation by using computer resource. The offence is punishable with imprisonment of either description for a term which may extend to three years and fine which may extend to one lakh rupees.
Under the IPC, the above-mentioned act would be punishable under Section 415, 416, 417, 419 and 420 for cheating and cheating by personation.
Now, the first course of action of someone coming across such a scam should be to report the scam to the service provider.
The person should also collect evidence of the profile of the scammer and their conversation (in the form of screenshots) and lodge a FIR with the cyber crime cell or the local police station, under the relevant provisions of the IT Act and the IPC. Further, an online complaint can also be filed on National Cyber Crime Reporting Portal (https://cybercrime.gov.in).
Some preventive measure/precautions that should be taken include:
- Not accepting friend requests from strangers or random people.
- Not responding or replying to the messages of people who you don’t know personally.
- Being careful while sharing any personal content over the social media websites.
- Not transferring any debit/credit card details or bank details to anybody over the social media platforms and if somebody threatens you for the same, immediately report about it to the cyber crime cell or the local police.
Online body shaming and harassment?
The rapid increase in incidents of online body shaming and harassment, shows the mentality of the gen Z, and poses a serious concern for our society. Body shaming and harassment has severe and irreparable emotional, psychological, and physical ramifications on the victim. Even though there are some provisions in the IT Act and the IPC that remotely relate to such cyber crimes, there is a need for a comprehensive law that directly addresses and penalizes the evil of body shaming and harassment.
We recently came across one such incidents, known as the ‘the bois locker room’, wherein a group of a number South Delhi boys were allegedly sharing photos of underage girls, objectifying them, and promoting rape culture. As per news reports, the Delhi Police, has registered a case under provisions of the IT Act, IPC as well as under Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
Thus, the legal implications may involve being punished under various provisions of the IPC, the IT Act and the POCSO Act (if the victim is a child).
Under the IPC, the act would attract punishment under Section 503, 506, and 507 of IPC (for criminal intimidation), Section 509 (words, gestures or acts intended to insult the modesty of a woman), sections 499 (defamation), Section 501 (printing or engraving matter known to be defamatory), Section 354A (sexual harassment) and Section 354D (cyber-stalking).
Under the IT Act, the act would attract punishment under Section 66E (punishment for violation of privacy), Section 67 (punishment for publishing or transmitting obscene material in electronic form), 67A (Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form).
One should immediately report such acts to the service provider as well as to the cyber crime cell or the local police. Raising voice and taking strict actions against such acts is important because if you keep mum, you encourage more vulgarity to come.
Sending unethical and offensive messages to girls?
Girls should be aware of the legal remedies available to them against the persons who send unethical and wrongful messages. While taking screenshots of the messages in order to collect evidence and then, blocking the person can be one of the reactions, legal charges can also be pressed against the person. The messaging apps nowadays provide for a feature of deleting the messages even after they are sent, and therefore it is very important to take screenshots immediately, in order to have sufficient evidence for pressing legal charges.
Sending offensive messages to someone was punishable under Section 66A of the IT Act, however, this section was struck down by the Supreme Court’s Order dated 24th March, 2015 in the case of Shreya Singhal v. Union of India[4].
Under the IPC, the act of sending unethical and wrongful messages to girls would come under the purview of Section 354A (sexual harassment) and under Section 509 (word, gesture or act intended to insult the modesty of a woman). If the victim is child the act will also be punishable under Section 11 of the Protection of Children from Sexual Offences Act, 2012.
Thus, a FIR can be filed with the cyber crime cell or the local police station under the above-mentioned provisions.
Phishing scams?
The Oxford English Dictionary defines ‘Phishing’ as “the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers, online.”
Phishing scams are punishable under IT Act as well as under the IPC.
Under the IT Act, the scam would be punishable under Section 43 and 66 (damage to computer, computer system, etc.), Section 66C (punishment for identity theft) and Section 66D (punishment for cheating by personation by using computer resource).
Under the IPC, the scam would be punishable under Section 416 (cheating by personation) and Section 464 and 465 (making false documents and forgery).
A phishing scam should be reported to the service provider as well as the agency that is being impersonated (for instance, banks). Thereafter, a complaint can filed with the cyber crime cell or the local police station, under the relevant provisions of the IT Act and the IPC. Further, an online complaint can also be filed on National Cyber Crime Reporting Portal (https://cybercrime.gov.in).
Identity theft scams
Identity theft scams are also punishable under IT Act as well as under the IPC.
Under the IT Act, the scam would be punishable under Section 43 and 66 (damage to computer, computer system, etc.), Section 66C (punishment for identity theft) and Section 66D (punishment for cheating by personation by using computer resource).
Under the IPC, the scam would be punishable under Section 464 and 465 (making false documents and forgery), Section 468 (forgery for purpose of cheating), Section 471 (Using as genuine a forged document or electronic record) and Section 474 (possession of a document known to be forged and intending to use it as genuine).
An identity theft scam should be reported to the service provider as well as the agency that is being impersonated (for instance, banks). Thereafter, a complaint can filed with the cyber crime cell or the local police station, under the relevant provisions of the IT Act and the IPC. Further, an online complaint can also be filed on National Cyber Crime Reporting Portal (https://cybercrime.gov.in).
What are some preventive measures/ or precautions that can be taken to prevent oneself from cyber crimes?
Some preventive measures/precautions that can be taken are as follows:[5]
- Banks or any of their representatives never send their customers email/SMS or call them over phone to ask for personal information, password or one-time password (OTP). Any such e-mail/SMS or phone call is an attempt to fraudulently withdraw money from the customer’s account through Internet Banking. Never respond to such email/SMS or phone call.
- Never respond to emails/embedded links/calls asking you to update or verify User ID/Password/Debit Card Number/PIN/CVV, etc. Inform your bank about such email/SMS or phone call. Immediately change your passwords if you have accidentally revealed your credentials.
- Do not provide any personal or confidential information on a page which might have come up as a pop-up window.
- Always remember that information like password, PIN, TIN, etc., are strictly confidential and are not known even to employees/service personnel of the bank. You should therefore, never divulge such information even if asked for.
- Never provide your identity proof to anyone without any genuine reason.
- Never click on any links in any e-mail to access the bank’s site and access your bank website only by typing the URL in address bar of browser.
- Do not provide your bank account details to emails offering a job or claiming that you have won a lottery. Avoid opening attachment of emails from unknown senders.
- Avoid accessing Internet banking accounts from cyber cafes or shared PCs.
- Keep your system up to date.
“The views of the authors are personal“
Reference
[1] https://cybercrime.gov.in/Webform/CrimeCatDes.aspx
[2] R/SCR.A/5708/2018
[3] This portal is an initiative of Government of India to facilitate victims/ complainants to report cyber crime complaints online. This portal caters to complaints pertaining to online Child Pornography (CP), Child Sexual Abuse Material (CSAM) or sexually explicit content such as Rape/Gang Rape (CP/RGR) content and other cyber crimes such as mobile crimes, online and social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes and online cyber trafficking.
[4] AIR 2015 SC 1523
