Abstract : These days, the internet is a necessary component of our everyday lives. It has developed into a powerful system that affects trade, business, and how we communicate with one other. The internet has had a significant impact on how people communicate globally. The number of people using digital devices has steadily increased in recent years. Following the introduction of 4G networks, there was a sharp increase in internet usage in India. With the use of the internet, more businesses, entrepreneurs, and influencers have grown and established their businesses. We witnessed a sharp increase in internet users and businesses moving their operations online during the COVID-19 pandemic. Kids are using the internet more than they used to. Additionally, they are arriving sooner. Every half a second, a child globally makes their online debut.
Online childhood presents countless opportunities. Children learn, invent, and create social networks through televisions, computers, smartphones, and game consoles. The internet has the power to spark creativity and open minds everywhere when used properly and made available to everyone. However, these chances also carry a significant danger. Children are the most vulnerable part of society and are handily misused in the digital world because of the absence of a majority level in them.
As a result of this data highway’s quick growth, several kinds of online crime have surfaced. Because of this data highway’s rapid proliferation, “cybercrime” has evolved. The term “cybercrime” is sometimes used to refer to a broad variety of offenses. Research studies have examined the connection between cybercrime and children, as well as the ways in which cyber criminals mistreat minors online.
Young people may be impacted by cyberbullying and other peer-to-peer violence every time they use social media or instant messaging services. Children may come across hate speech and violent content when using the internet, including messages that encourage self-harm and even death. When digital corporations violate their privacy in order to gather data for marketing
1 https://www.unicef.org/protection/violence-against-children-online
objectives, children may also be at risk. App-based child-targeted marketing can harm a child’s development because it frequently leads to excessive screen usage.
An online or virtual world is called cyberspace. It is a virtual environment made possible by computers and other internet-capable hardware. Through the usage of the internet, individuals engage and communicate on this digital platform. The global criminal economy is seeing a sharp increase in cybercrime. It is defined as a crime that involves the use of computers or other internet-enabled devices to commit an offense. These crimes can be classified into two categories: crimes against people (child pornography, child sexual abuse, cyber stalking, cyber bullying) and property crimes (hacking, spamming, identity theft, fraud, and copyright infringement). Cybercriminals use computer technology to access personal and professional information or documents of individuals or organizations for malicious or wicked purposes, posing a major threat to public safety. The paper aims to present the psychology of child pornography and child predation on the internet in India. This research paper will go over the various steps that should be done to safeguard kids online and teach them about cyberbullying and cyberstalking in India. It will also emphasize the consequences for victims, the use of the law, the penalties meted out, and the steps taken to avoid a wide range of cybercrimes. Along with understanding ways to avoid cybercrimes like child sex offenses, the paper will also explore the psychology underlying these crimes. The study’s objective is to talk about how governments and policymakers can help victims of cybercrimes get back on their feet. The article will provide several recommendations for children’s security and overall development.
Keywords : Cybercrime, Children, offences, Law, Cyber World, cyber security, children rights, cyberspace.
Introduction : The technology industry has experienced tremendous advancements and transformations in the twenty-first century. Vulnerable groups encounter a multiplicity of distinct cybersecurity difficulties as the digital landscape grows (challenges connected to protecting digital equipment from unauthorised attacks or spams). These issues require prompt consideration and resolution. These communities, which include a variety of minority groups like childrens, teenagers,womens, old age persons, etc. who lack sufficient understanding about cybercrimes, have challenges that make it difficult for them to defend against cyberattacks.
These difficulties include things like unfair treatment and restricted access to necessary resources, as well as cyberbullying and online abuse. They are much more vulnerable due to the digital gap, ignorance, and lack of customized cybersecurity regulations. Language issues also make it difficult for them to get support and help. In addition to lacking the knowledge necessary to put strong cybersecurity procedures in place, grassroots organizations that assist these communities may also be vulnerable to cyberattacks.
In the twenty-first century, children play video games and browse the internet for extended periods of time every day. They come across a plethora of chances and a range of threats when using the internet. They are unable to evaluate the possible hazards or threats connected to the use of digital technology and the internet since they do not possess the necessary specialised knowledge. They might not see the dangers at all. Children may inadvertently reveal private information and expose themselves to risks in a number of ways. Through search engines, online marketing, and social networking websites, they might become victims of cyber security threats like “social engineering,” “cyberbullying,” “hacking,” “viruses,” “damaging malware,” “cyberstalking,” and other things. However, when a business becomes more visible online, the likelihood of cyberattacks rises. Children are more susceptible to these kinds of attacks than any other demographic.
Many parents believe that it is completely safe to let their children use the Internet at home. This is inaccurate since kids can use the Internet to connect with almost anyone, anywhere in the world. The digital age presents a multitude of challenges and risks for children, such as concerns over “privacy,” “exposure to inappropriate content,” “money scams,” and “child grooming.” Despite the numerous safeguards in place to maintain cyber security, technology is unable to protect children from danger. The main target of cybercrime is business, private, or public information. This takes place on a virtual body that an individual or company can access online. People from all over the world use social networking sites for a range of activities, such as communication, information collecting, and sending emails, letters, and court summonses. Even during a lockdown, all classes at schools and colleges are now held online thanks to recent technological advancements. Technology use has advantages even for young children. But ,
“According to a 2012 international study conducted by software giant Microsoft, 53 % of India’s children have been bullied online. The child develops various personalities such as social isolation, few general friendships, negative attitudes and ignorance, difficulty being accepted in activities, schools, and the workplace, and so on. Furthermore, privacy and life and achievement expectations are diminished.”
“More than five in 10 children surveyed (8 to 17 years of age) in India say they have experienced what adults might consider online bullying, while a similar number think they have done something parents would consider online bullying,” the report, titled ‘Global Youth Online Behavior Survey’, said-
Online bullying or cyberbullying, as defined in the survey report, is “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices”.2
Child pornography is a punishable offence in India. Child pornography is prohibited under Indian statutory laws like the “Information Technology (IT) Act, 2000” and “the Indian Penal Code (IPC), 1860”. The IT Act makes it illegal to browse, create, and transmit child pornography electronically. Digital content such as webpages, graphic files, SMS, and MMS are covered under the previous Act. The IT Act forbids the creation, transmission, and browsing of child pornography online. The previous Act included digital content, websites, graphic files, SMS, and MMS. disturbing sexual behaviors with kids that were recorded on camera, child exploitation on the internet, or recordings made using electronic devices. Furthermore covered under the Act are threatening calls, blank calls, SMS messages, follow-up calls, and even MMSs. Cell phone harassment is a common occurrence for women and girls.
A child is defined as “anyone under the age of 18” under the “UN Convention on the Rights of the Child.” A broad definition of minors under the age of 18 will not, however, be able to outline the steps that must be taken in order to comply with security regulations. This is because children of different ages face a range of threats. Young children (less than eight years old) are unlikely to face the same challenges as 14-year-olds. Consequently, there are a number of factors to take into account while developing a cyber-security system for children. A sizable and fundamental portion of the online population consists of children. In fact, compared to many
2 https://www.governancenow.com/views/think-tanks/53-percent-kids-india-bullied-online-microsoft-survey
adults, they will generally be more amiable and competent with technology devices and programs. Even so, children lack development in the sense that they are unable to evaluate the situations they find themselves in or the possible consequences of their actions on the internet, even if they are somewhat adept users of web innovation and aware of the two risks and how to manage them. Sadly, children are among the most active online users and are vulnerable to a number of risks. A significant portion of their time is spent online. Kids are exposed to the cloudy side of the world through the web, which is a confusing place.
Research Methodology: This research study is based on an analytical study that I conducted of the research, and the data that I used for this research study came from secondary information sources. The data used in this study came from a variety of sources, some of which are included in the References section, including libraries, newspapers, papers, journals, and internet sites.
Review Of Literature– To study the rapid growth of cyber crime against children.
- To Strengthen and protection regarding cybercrime in IT Law, POSCO Act and IPC Emphasized its relevance in each aspect of offences
- What is the role of government for the protection of cyber-crime. The paper will explain the potential threats and the statutory remedies available to the people in an easy format. Additionally, it lays down simple steps that the parents and teachers can take to ensure the cyber security of their children/students. Lastly, it takes the issue of children safety to a broader level of national security and explores the way in which the same can be protected.
Cybersecurity challenges faced by childrens: A child is defined as “anyone under the age of 18” under the “UN Convention on the Rights of the Child.” Since parents are generally unaware of their children’s actions, children are the most vulnerable members of society and are regularly taken advantage of online. It has become evident in recent times that minors are being sexually exploited via the internet. Abusers utilize online chats with children as a means of tricking them about their age and seduce them into sex. With today’s advanced technology, it is much simpler for thieves to deal with kids. They are especially vulnerable not only because they are impressionable and young, but also because they primarily rely on social media platforms for networking. On online networks, criminals fabricate identities to entice victims into face-to-face
meetings. Consequently, there have been more reports of child abuse and exploitation, as well as “sex tourism” and “people trafficking.” They have no idea who the child is talking to. They realize their error when they eventually cross paths and encounter the elderly man they were speaking with, who is in his forties or fifties. Many children take their own lives after posting pornographic photographs of themselves on social media.
Children frequently put off notifying their parents about this error, even though there are no repercussions when they do. Those who have been exploited online will have to live with the consequences of their mistreatment for the rest of their lives. Furthermore, this has an effect on the kids’ overall mental development.
Who is a child?
International laws and conventions define a kid as “a person below the age of 18” in order to give children with the specific care and protection that adults do not need. A child is defined as an individual under the “Convention on the Rights of the Child” as long as they are younger than 18 years old, unless their legal majority is reached sooner.3
- Sec. 67B in The Information Technology Act, 2000 defines : “children” means a person who has not completed the age of 18 years. 4
· Section 2(k) in The Juvenile Justice (Care and Protection of Children) Act, 2000, defines:5
“juvenile or child means a person who has not completed eighteenth year of age.”
- The National Policy for Children adopted in 2013 for the first time considers a child as any person below the age of 18 years, in accordance with the definition given by the United Nations Convention on the Rights of the Child.6
There are differences in the definition of a kid under various Indian laws. This component results in a discrepancy between the rights of the children and the services provided. What is meant by term Cyberspace ?
3 https://www.researchgate.net/publication/279193358_Definition_of_the_Child_in_Indian_Legislations
4 https://indiankanoon.org/doc/176300164/
5 https://indiankanoon.org/doc/404852/
6 https://www.researchgate.net/publication/279193358_Definition_of_the_Child_in_Indian_Legislations
Cyberspace is a digitally networked environment. It’s a kind of virtual environment that became more common as the Internet grew. The term “global technology environment” was first used in science fiction and the arts, but it is now used by security experts, governments, military personnel, business executives, and strategists in the field of technology to refer to the interconnected global network of computer processing systems, telecommunications networks, and information technology infrastructures. Some people believe that cyberspace is merely a hypothetical setting where people communicate via computer networks. The term “cyberspace” gained popularity in the 1990s due to the rapid growth of digital communication, networking, and Internet use.
Cyberspace is a digital environment made up of information technology. It is a networking and visualisation mix. Users communicate in the online world of computers and internet-enabled devices. Users can communicate and share information thanks to it. Users converse, debate, and come up with suggestions for social concerns and other things in this digital realm. It is meant to promote conversation and engagement on digital platforms that lack the senses of the physical world. Through this worldwide network, people can interact socially by playing games, having political conversations, exchanging ideas, sharing information, offering social assistance, conducting commerce, directing actions, producing artistic media, and more. Cyberspace is now a common phrase used to characterize anything related to the Internet and its varied cultures.7
Cybercrimes against children in cyberspace : Cyberspace is an area where data is stored, corrected, and distributed through physical infrastructure combined with electronic and electromagnetic spectrum utilization. The progress and ingenuity inside the digital realm have transformed the lives of its users. The emergence of cybercrimes can be attributed to people’s increasing awareness of cyberspace. Cybercrimes are a global problem that are expanding far faster than expected.
Crime is become an unavoidable aspect of both society and our daily lives. Every day, we witness an increase in crime rates throughout all of society on the planet. Everybody is involved in a conflict in their lives between those who do horrible crimes and those who seek to stop, stop,
7 https://en.wikipedia.org/wiki/Cyberspace
identify, or punish them while trying to find a middle ground. These days, most people spend their time on digital platforms for work, play, communication, debate, and interaction. Concern and struggle are growing as a result of our growing reliance on the digital world for business, entertainment, socialization, finance, and communication.
Cybercrimes are offenses or illicit actions committed on or through one or more internet-related platforms or components. Any criminal activity that involves using the internet— email, chat, websites, apps, etc.—to conduct illicit financial transactions, harass, sexually abuse children online, post hateful content encouraging violence or riots, steal or leak personal information, or engage in pornography.
Cybercrime is a broad category of illegal activity that is becoming a greater hazard and source of issues for the modern world. The amount of illegal activity and legal violations occurring in the internet realm is growing daily.
Crimes against people and property crimes are two categories into which cybercrime can be divided. Property crimes include fraudulent transactions, identity theft, scams, fraud, and copyright violations. Crimes against people include cyberstalking, cyberbullying, child pornography, and releasing private images or videos. The field of cybercrime is one that is expanding quickly.8 Cybercriminals employ cutting-edge technology to commit crimes against people, companies, and governments. It is considered trespassing into a computer system to steal or manipulate data, as well as engaging in unlawful transactions. Cybercriminals break the law and carry out a wide range of illegal acts that are extremely detrimental and dangerous to consumers globally because of the internet’s speed, convenience, and anonymity.
The “Crime Report-2022” was published in 2023 by the National Crime Record Bureau (NCRB). 9The survey claims that cybercrimes are rising steadily and quickly in India. Cybercrimes received a total of 65,893 instances reported, indicating a 24.4% increase in registration over 2021 (52,974 cases). The category’s crime rate went from 3.9 in 2021 to 4.8 in
8 https://www.researchgate.net/publication/349718092_Cyber_Crime_and_Children_in_Digital_Era
9 https://telecom.economictimes.indiatimes.com/news/internet/ncrb-report-shows-sharp-increase-in-cyber- crime-cases-in-states-metros-overall-dip-in-ipc-cases-registered-in-2022/105720313
2022. In 2022, fraud accounted for 64.8% of all cybercrime instances that were reported (42,710 out of 65,893 cases). Extortion came in second with 5.5% (3,648 incidents) and sexual exploitation with 5.2% (3,434 cases).”. Pure cybercrime seeks to either deny legitimate or authorized users access to the device or obtain unauthorized access. Financial frauds, online theft, scams, and other monetary offenses are examples of financial offenses. Non-financial illegal acts include child pornography, cyberbullying, cyberstalking, and the development and dissemination of viruses on government, corporate, and personal computers, as well as the leakage of vital private and business information. According to the IT Act 2000 (Information Technology Act), which is referenced in the Indian Penal Code, cybercrime is defined in India as a voluntary and deliberate deletion that adversely affects a person’s finances, computer system, or individual and is punishable by law.
Different types of cybercrimes: Children all over the world are now exposed to new risks as a result of the digital age, including statutory offences committed for both personal and commercial purposes, “child trafficking” , “cyber grooming”, “cyber-bullying”, “Pornography of children”, “Cheating”, “Stalking” on the internet is known as “cyber stalking”, “Hacking”
,Internet-based kidnapping and trafficking ,”Internet extortion” ,”Sexual harassment on the internet” , spam , online gambling, A violation of privacy , etc. These are just some of the risks.
Legislations to Prevent Child Abuse Through Cybercrime:
The main instruments for combating cybercrime in India are “the Information Technology Act”, 2000, “the Protection of Children from Sexual Offenses Act”, 2012, and “the Indian Penal Code” 1860. Information Technology Act, 2000 (“IT Act” ) : This Act has so many provisions which deal with various kinds of cybercrimes. It establishes penalties for unauthorised data access and computer damage caused by cyber-attacks, including viruses, phishing, botnets, malware, etc. Sec 67B of this Act also includes a special provision for protecting children on online platforms. The Information Technology Act, 2000 (“IT Act”) and rules made thereunder contain several provisions for safeguarding users in the cyberspace. The IT Act penalises publishing or transmission of material containing sexually explicit act in electronic form (section 67A and 67B) and publishing or transmitting of obscene material in electronic form (section 67), and
makes them punishable with imprisonment for a period that may extend to three and five years respectively.10
The IT Act penalises various cybercrimes relating to computer resources, including dishonestly or fraudulently accessing a computer resource without the permission of its owner commonly referred to as hacking (section 66), identity theft (section 66C), cheating by impersonation (section 66D), violation of bodily privacy (section 66E), transmitting of obscene material (section 67), and publishing or transmission of material containing sexually explicit act in electronic form (section 67A and 67B) and tampering with computer source documents (section 65), etc. Each such cybercrime is punishable with imprisonment for a period that may extend to either three years or five years, and as per section 77B of the IT Act such cybercrimes are cognizable offences. These cybercrimes are in addition to various cognizable offences punishable under the Indian Penal Code, 1860, such as the cognizable offence of stalking using electronic communication (section 354D).11
One important piece of legislation that focuses on sexual offenses against minors is the Protection of minors from Sexual Offenses (POCSO) Act, 2012. Child pornography, cyberstalking, cyberbullying, defamation, grooming, hacking, identity theft, online child trafficking, online extortion, sexual harassment, and invasions of privacy are all considered cybercrimes against minors under POCSO.
Methods for filing complaints:
- FIR With Local Police Or Cyber Crime Police Station Under Sec. 154 Of Crpc, 1973.
- Private Criminal Complaint with Judicial Magistrate: Under Section 200, Criminal Procedure Code, 1973.
- Online Cyber Crime Reporting Portal Launched By MEA: www.cybercrime.gov.in is the online reporting portal in which children and women can report cybercrimes against them. Cyber-crimes related to Child pornography, Sexual abuse, Identity theft are to be reported here. Note that even anonymous complaints can be filed on this portal.
10 https://pib.gov.in/PressReleasePage.aspx?PRID=1882056
11 https://pib.gov.in/PressReleasePage.aspx?PRID=1881404
Steps Taken By The Government: The National Cyber Crime Reporting Portal (www.cybercrime.gov.in) was launched on September 20, 2018, as part of a plan named “Cyber Crime Prevention against Women and Children (CCPWC)” by the Ministry of Home Affairs. This portal allows the public to report incidents involving child pornography, kid sexual abuse material, assault/assault photos, or explicitly express substances. This portal encourages people in general to file complaints in secret or by using the “Report and Track” option.12
The “Ministry of Home Affairs” and the UN Office on Drugs and Crime worked together in India to provide strategic solutions to stop child cybercrime and enhance children’s online security. The government has started providing police personnel with training modules covering subjects such as “phishing,” “tracing anonymous emails,” “mobile surveillance,” and “cyber- security.” Cyber cells and forensic labs are being established by every legislator. Furthermore, a unique law enforcement training curriculum is being created for kids who are involved in cybercrime.13
Additionally, through their web portals, the departments of information technology and telecommunications are aggressively promoting childparent safety. Law enforcement organizations are working with parents and kids to establish a secure online environment that reduces cybercrime.
As part of the Digital India flagship program, the Pradhan Mantri Gramin Digital Saksharta Abhiyan (https://www.pmgdisha.in) was launched in 2017 with the goal of educating six crore rural people in digital literacy by March 31, 2020. “The program seeks to equip rural residents with information, expertise, and abilities so they can engage in governance.”
Another initiative of the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India is called Samagra Shiksha (http://samagra.mhrd.gov.in/). It consists of the three programs known as Teacher Education (TE), Rashtriya Madhyamik Shiksha Abhiyan (RMSA), and Sarva Shiksha Abhiyan (SSA). In
12 https://www.crc.cnlu.ac.in/post/cyber-crimes-and-protection-of-child-rights-in-india
13 https://www.gapinterdisciplinarities.org/res/articles/(18- 24)%20CRIME%20AGAINST%20CHILDREN%20IN%20CYBER%20SPACE%20IN%20INDIA%20A%20SNAPSHOT.pdf
India, Samagra Shiksha focuses on digital education. It is compatible with DTH channels, smart classrooms, and digital boards for upper primary through upper secondary education.
The Ministry of Electronics and Information Technology (MeitY), Government of India’s premier research and development (R&D) organization is called the Centre for Development of Advanced Computing (C-DAC), and it conducts routine R&D in IT, electronics, and allied fields. The Indian Cyber Community’s Indian Computer Emergency Response Team (CERT-In) has been in existence since 2004. It is a nodal organization that reacts to incidents involving computer security. Through its website (http://www.cert-in.org.in), it also spreads information, forecasts and alerts users to cyber security incidents, and raises awareness of security-related issues. Another MeitY project is named “Cyber Swachhta Kendra,” or the Botnet Cleaning and Malware Analysis Center. It is a component of Digital India, the government of India’s endeavor to build a safe cyber ecosystem in the country.
The Union Ministry of Home Affairs created the @CyberDost Twitter handle in 2018 with the goal of regularly posting to raise awareness of legislation, prevention, and precautions pertaining to cybercrimes.14
In order to protect women and children from the horrors of cybercrimes, the Union Ministry of Home Affairs launched the Cybercrime Prevention against Women and Children Scheme (CCPWC) in January 2019.15
Conculsion And Sugestions-
We can now argue that technology is a significant advancement in the evolution of human life because everyone depends on it in this day and age. With the quick development and advancement of technology, life has become more easier, but occasionally we suffer significant losses.
The rise in cybercrimes in recent years posses a serious threat to humankind. Thus, it is imperative that strong rules be created to control technology. The rise in popularity of online games in the modern day has brought with it a number of risks to children’s online safety.
14 https://www.researchgate.net/publication/349718092_Cyber_Crime_and_Children_in_Digital_Era
15 https://www.researchgate.net/publication/349718092_Cyber_Crime_and_Children_in_Digital_Era
Without strict legal frameworks, protecting children’s rights like these seems like a pipe dream. However, the public authority became a little restless after the rise in online wrongdoings such as cyberbullying, phishing, stalking, and data leaks and suggested a data protection bill to guarantee the individual’s right to online protection. In the unlikely event that legislation seems too brief to even consider having the necessary safeguards for children’s online safety, the government in nations such as the USA and China should have described the various, necessary, efficient, and successful bills.
There are various mechanisms in place to ensure cyber security, but technology alone cannot protect the children. We, as parents, guardians and teachers have a greater role to play in ensuring cyber safety of children.
The safety of children is a major concern. Children’s internet safety is a major matter, as unchecked use of these platforms can put users in danger offline as well as online.
If left unchecked, crimes based on content can develop into crimes based on contact. Let’s constantly make sure kids are secure online.16
RASHMI GUPTA
Alumni – Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur.
16 https://www.nls.ac.in/wp-content/uploads/2020/11/Children-and-Cyber-Safety_an-Ebook_-published-on-14- nov-final-anr.pdf