ABSTRACT-

The author under this research paper, will try to convey the various cyber-crimes in India along with various statutory provisions in Indian context. With the advancement of computer and various other technological devices, the technology has been on the tip of fingers. But it has another major issue i.e., the issue of cyber- crime and other information technology related offences has drastically increased. As we are well versed with the conventional crimes like theft, extortion, robbery, murder etc. these crimes come under the category of conventional crimes, on the contrary the cyber-crime is a newly evolved crime in which there is very less awareness amongst people at large. It is pertaining to note that, these days the issue of cyber- crime is very crucial one. Specially in the country like India, where there is already less jurisprudence developed on Cyber laws the crime rate has boosted up. As the issue of cyber- crime is of a very recent origin, so more attention is required to tackle these newly evolved crimes. With the advancement of technology and its use the cyber frauds like email spoofing, phishing, spamming, cyber defamation, Internet Relay Chat (IRC) etc. has drastically increased. In India there is lack of proper statutory setup to tackle cyber-crimes. We have only one specific statute dealing with cyber-crimes i.e., Information Technology Act 2000, and slight reference of cyber-crimes are given under Indian Penal Code 1860. So, there is dire need to have few more dedicated statutes dealing with cyber-crimes. Another major issue with cyber-crimes is lack of courts dealing with cyber-crime cases. In Shreya Singhal vs Union of India², it has been seen that the police officers were not able to understand the true spirit of ‘Freedom of Speech and Expression’³ which ultimately led to striking down of Section 66A of Information Technology Act 2000.

KEYWORDS-

Cyber- crime, Cyber space, Cyber- offences, Information Technology Act 2000, Cyber laws, sextortion.

¹ Tanveen Kaur 5BA LLB 20113064 CHRIST (DEEMED TO BE UNIVERSITY) LAVASA, Pune

² AIR 2013 12 S.C.C. 73

³ Article 21 of Indian Constitution

1)     INTRODUCTORY REMARKS-

The recent origin of cyber laws has given a way for various cybercrimes all over the world. As we see the human beings are totally dependent in on information technology these days. So, information technology has occupied a very prominent place in our daily lives. The term information technology is like an umbrella, under which the term cyber- crime comes. It is pertinent to note that, in 21^st century human beings can’t skip the information technology. We all are somehow or other dependent on information technology. As information technology laws are of a very recent origin, so very less jurisprudence is developed in Indian context. Information technology is the application of competitors, telecommunications which is mean to retrieve and transmit data. According to section 2(1)(w)⁴ “Information includes data, message, text, images, sound, voice, codes, computer programs, software and data bases or microfilm or computer-generated micro fiche”. If we see the definition of information, it is highly technical and beyond the understanding of a layman. Here we need to understand that, we have many technical terms under information technology act 2000 and in cyber laws, which are beyond the understanding of common man. So, it is very necessary that, the term cyber laws and associated crimes should be made available in a very lucid and easy language which can be understood by anyone. The term information technology and cyber space are very much interconnected with each other. Here the term cyber space refers to describethe virtual world of computers. The credit of coining this term is given to William Gibson. In layman’s language the term cyber space is that space where individuals can interact, exchange ideas, express political opinions, do online sale and purchase and so on. There are certain peculiar characteristics of cyber space like it is without boundaries, it regulates professional conduct on the internet, it is an imaginary place with electronic data.

2)     RESEARCH METHODOLOGY-

The present research paper is based on Non- Empirical/Doctrinal research. In this research the author has used secondary data like articles, Information Technology Act 2000, Government reports and various other library resources.

⁴ Information Technology Act 2000

3)     OVERVIEW OF INFORMATION TECHNOLOGY ACT 2000-

The Information Technology Act 2000 consists of 90 sections divided in thirteen chapters. In this Act the first chapter is devoted for short title, extent, commencement and application of the Act. Further, this chapter also includes interpretation clause. Chapter second deals with power of subscriber to authenticate the electronic records and electronic signatures. Chapter three signifies significance of electronic governance. Chapter four is meant for attribution, acknowledgement and dispatch of electronic records. Chapter five contains deeming provisions for securing electronic records and to secure electronic signatures. The provisions of chapter six provide regulation of certifying authorities, appointment of controller, their functions, powers and procedure to issue digital signature certificates. Chapter seven lays down a detail provisions for obtaining electronic signature certificate, suspension revocation of digital signature certificate. Chapter eight mentions duties of subscribers for generating key pair and electronic signature certificate and conditions under which subscriber is deemed to have accepted digital signature certificate. Chapter nine contains the statutory provisions for penalty and compensation for damage to a computer and computer system. Other provisions under this chapter deals with procedure for adjudication of a dispute whenever there is a contravention of any provisions under the Information Technology Act 2000. Chapter ten of the act includes section 48-56 and provides for establishment and composition of cyber appellate tribunal, qualifications of chairperson and members along with their terms and salary. Chapter eleven prescribes punishment for offences under the act. This part of the statute provides punishment for sending offensive messages through communication service. Under this part section 66 B provides punishment for dishonestly receiving stolen computer resource or communication device. Section twelve of the act provides exemption to intermediaries from liability in certain cases. Chapter thirteen of the act further speaks about miscellaneous provisions. Under this part section 80 speaks about power of police officer and other officers to enter and search. Section 81 further states that act shall have overriding effect on any other law. Lastly Section 81 A makes the provision applicable to electronic cheques.

4)    CYBER CRIMES IN INDIA-

1. SEXTORTION- These days the term ‘Sextortion’ is very prominent in Indian cyber jurisprudence. As in India I can see there are many people who are victim of sextortion. In this form of new cybercrime contact is made through social networking websites like Facebook, Instagram, or a dating app or through WhatsApp. After few conversations numbers are exchanged and the man gets a naked video call and becomes bait. Recently a youth from Pune commits a suicide due to blackmail by sextortion⁵. In one case, a 23-year-old young man is said to have committed suicide after being hounded in a sextortion case. The incident happened on September 20, 2022. The deceased was an Instagram friend of the women who was a B Com student at Garware College. After developing a close and personal friendship, the women asked the young man to undress as well. The accused allegedly threatened to post the youth’s pictures and videos on social media and then demanded money from him. Threatening to reveal sexual photographs in order to coerce someone into doing is known as sextortion. These threats are made by both internet strangers and former love partners who want to harass, humiliate, and manipulate their victims. Generally, this crime taking place can be seen in various sectors such as Education, government employment, police stations and more precisely all over the world by the means of cyber world. This crime is all the about the lust of money. The more this crime accelerates in the society, the more is the gambling of money. It is pertinent to note that the term sextortion increasingly refers to practices of ‘revenge porn’ among youths, where recordings of sexual activities are used for various types of humiliation. In addition, blackmailing and revenge are also phenomenon covered by the research that has received the most attention so far.⁶

The issue of this new form of sex crime in the digital era, which is encouraged by pervasive Internet access and webcams, has hardly been ever researched. We

⁵ Hindustan Times 14^th October 2022 pg number-5

⁶ Aksel Sundström & Lena Wängnerud, “Sexual forms of corruption and sextortion” QOG 6 (2021)

frequently consider cybersecurity to be an issue for governments, large organisations, and—on a personal level—for individuals with access to credit card information or identities that could be stolen. However, ordinary adolescent or younger generation Internet users are the most exposed cybersecurity targets. Teenagers and young adults don’t typically utilize strong passwords or two-step verification. They frequently “sext” each other. On occasion, they record themselves in sexual or barely pornographic images or videos. They also share information with other young people whose cyberdefense practices are even more shoddy than their own. Consequently, sextortion seems to be pretty easy to execute in a target-rich environment that frequently only requires malicious guile.

• CYBER STALKING- Cyber stalking is basically stalking or harassing the people via internet or computer resources. There can be the usage of email, phones, text messages, webcam, websites or videos. To be more precise in this cyber stalking the stalkers mainly track the victim’s location, keep an eye on every moment and their social media, breach the data privacy of the person and then intimidate them. Moreover, the stalkers usually threaten the person in such a way (morphing their pictures and threatening them to leak online, make rude and offensive comments etc.) that a weak-minded person is forced to take drastic step which proves to be harmful for both the victim as well as his family. To elaborate further this cyber stalking can also be bifurcated into email stalking, internet stalking or computer stalking. On 6^th June 2022 a woman from Nagpada was arrested for allegedly stalking, abusing and threatening other women on social media. And the accused was arrested under section 292⁷ for outraging the modesty of women.
  • CHILD PORNOGRAPHY- Pornography is an aggraved form of obscenity. It involves making, sharing, or accessing items that sexually exploit a person through internet networks. In India watching porn in a person’s private space is not considered as a crime but showing of nudity and obscenity which are community standards has been strictly considered as an offence. What is affecting the most in the society is the cyber-crime. The use of children in these indecent videos is the greatest menace through the globe. With the advancement

⁷ Indian Penal Code 1860

of Internet technology, child pornography has become a big industry because the websites through which the transmission takes place has no control over buyers and sellers. “Children are very delicate and vulnerable on intellectual front and it is arduous for them to step back from the negative constituents of the modish technological era. Social media is the catchiest platform wherein children tend to fall prey to or get in touch with people who look for minors to fulfil their sexual pleasures. This makes it easier for the paedophile(s) to target innocent children and brainwash them, which leads to heinous crimes like child pornography and trafficking⁸. In India, the child pornography industry has grown as a result of COVID 19, in addition to causing physical illnesses. The demand for violent child pornography on the internet has increased by up to 200 percent, according to a report titled “Child Sexual Abuse Material in India.” This number is both worrisome and depressing. This illustrates the terrifying truth of the serious peril that children in India face during this lockdown. Children may be more susceptible to sexual predators, according to the demand for information on child sexual exploitation.

• INTELLECTUAL PROPERTY CRIMES- A group of rights make up intellectual property. An illegal act that entirely or partially strips an owner of their rights is considered a crime. Software piracy, copyright infringement, and trademark violations are examples of crimes that violate an individual’s IPR. violations of patents, designs, and service marks, theft of computer source code, etc.
  • CYBER TERRORISM- Cyberterrorism is the term used to describe illegal assaults and threats of attacks against computers, networks, and information held within with the intention of intimidating or coercing a government or its citizens into furthering covert political or illegal social and religious goals. It is the most pressing issue both domestically and internationally. These terrorist assaults frequently take the shape of distributed attacks of denial of service on websites, hate mail, etc. These acts of cyberterrorism put the integrity and sovereignty of the country under peril.
  • SPAMMING- The term “spam” refers to bulk, impersonal, unsolicited electronic messages. Even though instant messaging and mobile phone

⁸ Dr. Samir Bhadury,” Child Pornography in India: Issues and Challenges” Vol. 6, No. 6 JPSP 3(2022)

⁹ Information Technology Act 2000

messaging spam are less common than email spam, they do exist. Spam involves sending thousands of recipients essentially identical messages. There are mainly two methods used when spamming: newsgroup postings and email messaging known as Spam. An example of spamming would be sending out mass email such as the chain letter, or pyramid schemes to people who never requested it. Another example of spamming is posting multiple “get rich quick” schemes to the news groups.

According to the National Crime Research Bureau, the number of recorded cybercrime cases increased dramatically in 2017 compared to previous years. In 2018, the number of reported cybercrimes increased even further. “There were 21,796 crimes recorded under both the IPC and the IT Act in 2017, but that number has increased to 27,248 in 2018.”¹⁰

In 2017, the NCRB classified women and children according to the types of crimes that were committed against them for the first time. Since the 1990s, information technology has made significant strides, making the internet available to any home with a respectable income. It can be used by people of various ages in a number of settings, such as their homes and workplaces. A variety of cybercrime-related laws have been developed by the government in an effort to stop the crime’s growth and safeguard citizens’ rights. These regulations also provide protection from cybercrime. In order to combat cybercrime as soon as possible, the administration has also established cyber cells in police stations. Let’s review the definition of cyberlaws and why they hold a significance.

• CYBER LAWS IN INDIA-

The Crime and society go hand in hand. There is no society which has no crime or is crimeless. To reduce the crime and deter the criminal it is very important to make proper legislations which may further help in achieving a civilized society. These laws play an integral role in awakening the general citizens and safeguarding them. Certain acts specify the cyber laws such as The Information Technology Act 2000 (herein referred to as I.T. Act), Indian Penal Code 1860 (herein referred to as IPC). The I.T. Act gives electronic records and digital signatures legal authority, providing a basis for electronic governance. Additionally, it defines cybercrimes

1. https://www.legalservicesindia.com/ Cyber-Crime-In-India (Visited on 12^th November 2022)

and lays out the associated punishments. In order to control the issuing of digital signatures, the Act directed the creation of a Controller of Certifying Authorities.

• INFORMATION TECHNOLOGY ACT 2000-

The Information Technology Act of 2000 was enacted as Act No. 21 of 2000, received the president’s approval on June 9 and became operative on October 17, 2000. The Act, which was the country’s first piece of legislation addressing technology, computers, e-commerce, and e-communication, was the focus of in- depth discussions, in-depth analyses, and comprehensive criticisms, with one sector of the industry condemning specific aspects of the Act. The Act as a whole consists of 13 chapters and 90 sections (the last four sections, sections 91 to 94 in the ITA 2000, dealt with the revisions to the four Acts, namely the Indian Penal Code 1860, The Indian Evidence Act 1872, The Bankers’ Books Evidence Act 1891, and The Reserve Bank of India Act 1934).The Act starts with an introduction and definitions, and the chapters that follow cover topics like electronic signatures, digital signatures, and the authentication of electronic information. There are certain sections under this act which specifies the regulations relating to cybercrimes and those sections¹¹ are-

SECTIONS UNDER IT ACT	EXPLAINATION
Section 65	This section talks about tampering of the computer documents where any person who intentionally, willfully or consciously willfully or intentionally causes another to conceal, delete, or modify any computer source code used for a computer, computer programme, computer system, or computer network when the source code is required to be kept or maintained by law at the time it is in effect.
Section 66	This section is all about hacking of computer software.      Anyone      who      intentionally damages, destroys, deletes, or   modifies

¹¹ Information Technology Amendment act 2008

	information stored on a computer belonging to a person or the public could receive a sentence of up to three years in prison, a fine of up to two lakh rupees, or both.
Section 66-A	This section talks about punishment for the persons sending offensive messages. This includes- Any information or message that is offensive or contains threatening elements that is sent over a communication service. Any information that is given with the objective to annoy, inconvenience, danger, insult, obstruction, hurt, or to incite hostility, hatred, or other negative feelings. Any electronic communication or email sent with the intent to annoy, trouble, mislead, or fool the recipient about the contents’ origin. So, any person found guilty of such offences under this provision faces a maximum penalty of three years in jail and a fine.
Section 66-B	This section talks about receiving a communication or computer resource that has been stolen dishonestly. Therefore, if you dishonestly obtain or retain a stolen computer resource or communication device and you are aware of the fact that it is stolen or you have reason to suspect that it is stolen, you may be subject to a jail sentence and/or a fine of up to one lakh rupees, or both.
Section 66-C	This section is all about Identity theft. This crime is committed when someone uses other

	person’s password, digital or electronic signature, or another unique form of identity. Therefore, anyone involved in such offences may receive a penalty that includes either a description for a duration that may extend up to 3 years in prison or a fine that may extend up to Rs. 1 lakh.
Section 66-D	This section talks about punishment for using a computer resource to commit personation fraud. – Any individual found guilty of personation fraud utilizing a communication device or computer resource faces a fine of up to one lakh rupees in addition to general or specific imprisonment for a term not to exceed three years.
Section 66-E	This section talks about privacy and violation. Anyone who violates someone’s right to privacy by sending or taking images of their private spaces or private regions without their permission, whether knowingly or not, faces a maximum of three years in imprisonment or a fine of up to 2 lakh rupees, but not both.
Section 66-F	Section 66 F holds a great importance and talks about cyber terrorism. Those who purposefully put integrity, unity, sovereignty, or security in jeopardy or cause dread among the general public or any portion of the general public by I.   Prohibiting anyone   from   using    the resources of the computer.

Making an attempt to gain unauthorised access to, break into, or use a computer resource. III. Introducing a computer contamination, and via such conducts causing or likely to cause any death or injury to a person, damage to property, or destruction of property, or disrupting or it is known that through such conduct it is likely to cause damage to the infrastructure for important information as defined in section 70 of the IT Act, or poses a threat to such infrastructure. B. By purposefully or knowingly attempting to access computer resources without authorization or going beyond what is permitted, and by engaging in such conduct, obtaining access to data, information, or computer databases that are restricted or limited for a variety of reasons related to national security or international relations, or to any restricted database, data, or information with reason to believe that those data, information may be used to cause injury.

Section 67

Punishment for publishing or transmitting obscene material in electronic form. –Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be

	punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.12
Section 67-A	According to this clause, anyone who acts electronically or transmits or publishes sexually explicit material could receive a first-time offender punishment of up to five years in prison or a fine of up to ten lakh rupees. And in the event of a second conviction, the offender may be given a punishment for any classification that comprised up to 7 years in prison and a fine of up to 20 lakh rupees.
Section 67-B	The focus of Section 67-B is transmission or any person found guilty of transmitting or distributing any materials showing children engaged in sexual conduct in an electronic form faces a maximum term of five years in prison and a fine of 10 lakh rupees for a first offence. Additionally, if convicted again, offenders might receive sentences for any category that could last up to 10 lakhs in fines and sentences of up to 7 years.
Section 69	This clause gives the authority to direct the monitoring, decryption, or interception of any information using computer resources.

¹² Information Technology Act 2000.

Section 70

This section is about securing entry to a secure system- Any computer, computer system, or computer network may be deemed a protected system by the competent government by publication in the Official Gazette. The individuals who are permitted to access protected systems may be approved by written order from the competent government. A person is breaking the law if they acquire access to, or try to secure access to, a protected system. Penalty: Up to ten years in prison, or/and a fine.13

Section 79

After a 2000 amendment, this law no longer exempts intermediaries and now specifies that if the following criteria are satisfied, the intermediary is not responsible for any third-party information data or communication link he makes available or hosts: (a) The intermediary’s function is limited to offering access to a communication system used to transfer, temporarily store, or house information made available by third parties;   (b) The communication is not started by the intermediary. However, section 79 will not apply to an intermediary if they have conspired, helped, abetted, or incited, whether by threats or promises.

¹³ Cyber laws in India- IT Act 2000 available at https://www.legalserviceindia.com/legal/article-836-cyber-law- in-india-it-act-2000.html (last visited on 15th November 2022)

Above all describes the provisions of cyber laws in the Information Technology act. There are certain other acts and statutes which provides a brief about cyber laws in India. Indian Penal Code is one of them which has provisions for punishment of offences such as that of pornography such as section 292 and 293 which talks about sale of obscene material and its punishment. Below are some following points which defines the punishments under IPC sections¹⁴.

Section 292 of IPC- The definition of “Obscene” in Section 292 specifies the types of content that fall under this category. It entails the distribution of explicit, pornographic, or otherwise objectionable material in an electronic format for sale or transmission. The government has outlawed many porn sites that contained offensive material. Additionally, some tests are included to assess whether a specific piece of content is obscene or not. The Hicklin and Miller test is the most popular test. According to this provision, the maximum sentence is two years in prison and a fine of Rs. 2000; if the offence is committed again, the maximum sentence is five years in prison and the fine is Rs. 5000.

Section 354 of IPC- This section primarily discusses “voyeurism.” This phrase means that it is illegal to post intimate or private images of women without getting their permission. Section 292 of the IPC and Section 66E of the IT Act, 2000 are sufficiently broad to take similar offences into account if the prerequisites of this Section (such as gender) are not met. First-time offenders may receive a term of one to three years in prison, while repeat offenders might receive a sentence of three to seven years.

Section 354D of IPC- This clause defines “stalking,” which covers both offline and online manifestations, and sanctions it. Cyberstalking is when someone continually tries to contact a woman despite her lack of interest. This can happen via email, the internet, or other technical means. In the final paragraph of this section, it is stated that the penalty for this offence is either imprisonment for up to 3 years for the first offence or imprisonment for up to 5 years for the second offence, both of which are followed by a fine.

¹⁴‘Punishments for cybercrimes in IPC’ https://blog.ipleaders.in/punishments-cyber-crimes-ipc/(Last visited on 20^th November 2022)

Section 379 of IPC– If a mobile phone, its data, or computer hardware is stolen, violating Section 379 can result in a penalty of up to 3 years in jail, a fine, or a combination of the two. In the case of Gagan Harsh Sharma v. The State of Maharashtra, one of the employers found evidence of computer intrusion, software and data theft, and employee access to sensitive information. The police received information from the employer and used it to bring a case under several parts of the IT Act as well as Sections 379, 408, and 420 of the IPC. Whether the police can file a case under the IPC is a matter for the court to decide. The judge ruled that the case cannot be brought because of an overriding effect.

Section 509 of IPC– This Section outlines the offences of speaking, gesturing, and performing an act that could jeopardize a woman’s modesty. Invasion of a woman’s privacy also includes the sounds made and the actions taken. If this crime is committed physically or electronically, Section 509 is invoked, and the offender faces a maximum one-year sentence in jail or a fine, or both.

Yes, the IT Act of 2000 overrides the IPC regulations in terms of cybercrimes, however depending on the particulars of each case, the IPC rules are still frequently implemented in many situations.

The additional Acts, Rules, and Regulations that fall under the purview of cyberlaws are as follows:

1. Information Technology Act, 2000 2. Information Technology (Certifying Authorities) Rules, 2000 3. Information Technology (Security Procedure) Rules, 2004 4. Information Technology (Certifying Authority) Regulations, 2001. All these acts and rules combine to provide a framework as to what cyber laws comprise of.

CONCLUSION-

India, one of the world’s youngest countries, has a considerable population of children. The laws should be developed in accordance with this and for the benefit of children, who will be this nation’s future. There are many other types of exploitation that a young child may

experience, but sexual exploitation is the most serious one since it has a profound and long- lasting effect on the child. As a result, legislation should be made to address this issue. The threat of cybercrime is now quite serious for humanity. Cybercrime prevention is essential for a nation’s social, cultural, and security aspects. The IT Act, 2000 was passed by the Indian government to address cybercrimes. Computers provide criminal law a new dimension and present several challenges for law enforcement. The requirement to have proper training to combat these crimes is at the forefront of law enforcement concern. Additional resources are needed for this. As we know that every coin has two sides so basically the author in this article is trying to convey that India being moving towards developed economy thereby digitalising itself and using advanced means to conquer the world it is also stepping towards a greater number of crimes showing its both positive and negative side. The digital cashless economy heavily relies on technology. The author describes some of the legal issues related to cyberspace that exist in the current digital era. India is an advantageous market for many corporations due to its sizable population and scope of exponential growth. thereby stimulating the economy and investigating specific problems or challenges. All the above analysis in this paper points towards increasing the level of execution of these laws related to cybercrimes as the legislature has already endowed us with various provisions under different statutes because proper execution can only help the economy to grow further and reduce the level of crimes at large.

Author:

Tanveen Kaur

Christ deemed to be University, Pune Lavasa Campus