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ational Jourrnal for Envvironmentaal Rehabilitaation and Conservation
n
Volume VI: No. 1 2015 [1
[ – 13] [ISS
SN 0975 - 62722]
[ww
ww.essence-jouurnal.com]
Role of government
g t to prevent and controol cyber crim
me in India
Abstractt
At this juuncture of modern societyy and in the age
a this regard the present articcle seeks to address
of inform mation-technnology various information dilemma of cybeer crime andd provide sugggestions
and c
communicati on technnologies are to various
v deparrtments to cheeck the peril of cyber
progressivvely being adopted
a by the police anda crim
me.
various other
o governmment agencies in their woorks Intrroduction
to checkk cyber crim mes and aim m to nurturing
greater accountabiility towaards socieety. In present
p socieety by increeasing of criimes the
Meanwhiile various researches show that the rolee of police has
h become more imporrtant and
knowhow w about cy yber crime is inadequuate theyy are proactiively expected to providde multi-
among thhe police offficers and other
o concernned mensional seervice to thhe people. This is
dim
authoritiees. With the t developpment of the possible only when
w they muust be equippped with
technologgies the number off victims of the latest technnology and establish theem as a
cybercrimmes is increassing day by day,
d therefore it people friendlyy police syystem. It haas been
is requirred that th he policemeen and othher founnd that in providing bestb servicess police
concernedd person must be aware about systtem has faileed to come outo of its traaditional
cybercrimmes so thaat they couuld effectivvely trennd and most of thee officers remain
resolve this
t problemm and guide the people to unppractical and uncomfortaable towards modern
handle annd counter the threat of cyyber crimes. In
I techhnological developmentss. At one sidde recent
Keyword
ds: Physicco-chemicall parameterss ⏐ techhnological developmennts are prroviding
Drinkiing quality ⏐ Irrigattion commprehensive range of tasks t to thee people
suitabiility ⏐ Grounnd water
whiile other sides they are creatinng new
challlenges for the
t police syystem. The abuse
a of
For corresp
pondence: techhnological development
d ts which chaallenged
Department of Law, the police and other
o governnmental agenncies is a
HNB Garhw wal Central Univ
versity, Campus Tehri Garhwal
E-mail: sk.cchadha123@gmaail.com
neww form of crime
c and is known as a cyber
crimme. The articcle is an atttempt to expplore the
1
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
2
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
(A) Harassment
H via
v e-mail: Itt is similar like section 67 of the I.T.I Act, 20000 if a
harassing th hrough phoone or lettter. person publishes
p orr transmits or
o cause
Sending sexu ual, racial orr religious mail
m to be puublished in the
t electronnic form,
w
which is conncern for vicctim comes in any matterial which is lasciviouus, or its
thhis category.. effect iss such as to tend to deprrave and
(B) Cyber
C Stalkiing: Simplee meaning of corrupt person whoo are likely to read,
sttalking is “too follow”. When
W followiing see or hear the matter
m contaained or
iss done thro ough interneet like postiing embodieed in it, is puunishable unnder this
m
messages or entering
e the chat-roomss or section and porrnography always
coonstantly bo ombarding thhe victim withw corrupt the mind of o people so s cover
e--mails etc. comes in thiss category. under thhis section.
(C) Dissemination
D n of obsccene materiial: (E) Defamattion: There is no deferrence in
H
Here both thee term ‘disseemination’ anda traditionnal form of o defamatiion and
‘oobscene’ aree required to t elaborate to cyber defamation except medium
unnderstand the conceppt. The teerm which iss being usedd by the crim minal to
dissemination n is very brooad term andd it defame. A person may be defamed d
inncludes salee, distributioon, promotiion through the help of computer annd or the
annd exhibitiion and a material is internet.. For exam mple if a person
obbscene, if itt predominaantly draws an publishees defamatoory statemeent over
avverage persson in the contemporaary website or sends deefamatory e--mails to
coommunity to t a shameful or morbbid someonee’s friends then it iss called
innterest in nuudity, sex or erection, suuch cyber deefamation.
m
material if takken as wholle lacks serioous (F) Unauthoorised conntrol/access over
liiterary, artisstic, politicaal or scientiific computeer system: AnyA kind off access
value. In thiis sense disssemination of over coomputer syystem withoout the
obbscene mateerial throughh internet iss a permissiion of thhe owner of the
cyyber crime. computeer is poppularly knoown as
(D) Pornography or polluuting throuugh hacking. Section 2(1)(a) of the
inndecent expo osure: Pornoography can be Informaation Technoology Act, 20000 says
puut in the prrevious cateegory of cybber ‘access’ means gainning ‘entry’ into or
crrime i.e. dissemination
d n of obsceene instructiing or comm municating with
w the
m
material. In this regardd as per the t logical, arithmeticcal, or memory m
O
Oxford Dictionary
D the teerm functionn resourcess of a computer
‘ppornography y’ means “representati
“ ion system or computeer network. Section
off the sexu ual activity virtually or 66 of thet I.T. Actt, 2000 partticularly
d
descriptively to stimulatee erotic rathher providess for hacking and saays that
thhan aesthetiic feelings” ”. As per the t “whoeveer, with thee intent to cause
c or
3
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
4
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
5
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
persists in on ne form or thhe other duee to dataa interchangge and other means of ellectronic
laack of desireed cyber foreensic expertiise. commmunication,, commonlyy referredd to as
(D) Sale of illegal articles: Noow a day maany ‘eleectronic commmerce’, whhich involve the use
w
websites prooviding plattform to buyb of alternativess to paper--based methhods of
illlegal articlees like wild animals skiins, commmunication and storagge of informaation, to
narcotics, weeapons, druggs and antiquues faciilitate electrronic filing of documennts with
ettc. these aree also distingguished brannch Govvernment aggencies and further
f to am
mend the
of cyber crim me. Indiian Penal Code,
C 1860, the
t Indian Evidence
E
(E) Online
O gammbling: Onlline gambliing Act,, 1872, the Bankers Books Evidennce Act,
innvolves hug ge volumes of o transactioons 18991 and the Reserve
R Bankk of India Act, 1934
annd cash flo ows that cann obscure and a andd for mattters conneccted therew with or
disguise mo oney launndering. Here inciidental thereeto.”
players do not n deal wiith a tangibble, From m this staatement of objects it clearly
phhysical pro oduct and even physiical appears that thhe Informatioon Technoloogy Act
cuurrency doees not changge hands. As a wass primarily introducedd to facilitaate and
reesult, illeg gal proceeeds can be prom mote e-comm merce but inn subsequennt year it
laaundering by wagering them on one o brouught to light certaain lacunaae and
ennd of a tran nsaction andd receiving the
t shorrtcomings inherent therein which
payouts as gaambling winns on the othher obsttructed its smooth
s operration and thherefore,
ennd. Resultan nts as gambbling winninngs it was
w amendedd in 2002 annd again propposed to
arre tax freee in manyy jurisdictioons be amended byy the Inform mation Tecchnology
governments and authhorities oft ften (Ammendment) Bill,
B 2006 whichw was cleeared by
inncapable of monittoring theese the Parliament on Decem mber 24, 20008 and
trransactions and in this way w receeived the asssent of the President
P of India
I on
government bear b tax loss. Febbruary 5, 20009 and now it i has been enforced
e
CYBER LAW IN IN
NDIA as the
t Informattion Technoology (Amenndment)
Prior to Information Actt, 2008. The Amendmennt Act seekss to plug
n Technoloogy Act, 20000
there waas no separatte and indeppendent law the loopholes in the exxisting Infoormation
w in
Tecchnology laaw so as to make it i more
India to deal with th he problem of cybercrimme
effeective.
and all other
o compu uter related crimes which
were trieed under Indiian Penal Coode, 1860. The
T HO
OW EFFIC
CIENT IS INFORM
MATION
objectivees of the Infformation Teechnology Act,
A TEC
CHNOLOG
GY ACT 20000?
2000 as contained in the stattement of the t
objects as
a follows:- Anaalyzing all thhe provisionns of the Infoormation
Tecchnology Acct, 2000 it cannot be disputed
d
“An Actt to provid de legal reecognition forf
thatt Informatiion Technology Act, 2000
transactiions carried out by meanns of electronic
provvides variouus protectionns to IT trannsactions
6
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
but it doesn’t
d coveer all the spheres
s of the
t trannsactions onnline are noot given prrotection
informatiion technoloogy where the protectiion undder Negotiabble Instrumennt Act, 1881. Now a
must be provided. For
F example copyright and a dayy online privaacy is not fuully protected and in
trade maark violation
ns do occur on the net but
b this regard onlly Section 43 4 provides penalty
there aree not even the single provisions in for damage to computer or o computerr system
Copy Rigght Act 1957 7, or Trade Mark
M Act 19994 andd Section 72 7 providees for “breeach of
which sppecifically deals with the issue of connfidentiality or
o privacy” which talks about it
cybercrim
me. Even there
t is noo enforcement in some
s extent but doesn’t deter the viiolations
machinerry to ensuree the protecttion of domain caused in the cyyberspace.
names ono net. Traansmission of o e-cash anda
Sec 43 Damage
D to computer syystem etc. Compeensation for rupees 1 Crrore
Sec 66 Hacking
H witth intention or
o knowledgge Fine of 5 Lakh rupeee and/or im
mprisonment of 3
years
Sec 67 Publication
P of obscene material in e- Fine of 5 Lake rupeee and/or im
mprisonment of 3
form years
Sec 68 Not
N comply
ying with directions of Fine upto 1 Lakh annd imprisonm
ment of 2 yeears
controlller
Sec 70 attempting
a or securinng access to Imprisoonment upto 10 years andd fine
computeer
Sec 72 Breaking
B confidentiallity of thhe Fine uppto 1 Lakh and imprissonment uptto 2
informaation of comp
puter years
Sec 73 Publishing
P false digitaal signaturees, Fine off 1 Lakh, or imprisonmeent of 2 yearrs or
false in certain partiiculars both
Sec 74 Publication
P of Digital Signatures
S f
for Fine off 1 Lakh ruppees and Impprisonment of 2
frauduleent purpose years
7
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
8
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
On one hand,
h the in
ntroduction of informatiion commmitted an offence orr about to commit
technologgies has gen nerally facillitated servicces commputer relateed crime. Accused
A haas to be
in publicc administrattion and hass benefited thet prodduced before magistratee within 24 hours
h of
quality of
o life for cittizens in alm
most all sectors arreest. Provisionns of Criminnal Procedurre Code,
like eduucation, med dicine, health, agricultuure 19773 regulate the proceduure of entryy, search
and induustry. While another hand it has h andd arrest of thee accused.
entailed a major areaa of challengges for the law
l
Prooblems undeerlying tracking of offeence
enforcingg agencies in
n form of cybber crimes.
Most of the timmes the offennders comm mit crime
Cyber crrime cell in India andd their idenntity is hardd to be iddentified.
To solvee cyber crim me cases, Indian pollice Tracking cyber criminals reequires a prooper law
developeed cyber criime investiggation cells all enfoorcing agenncy throughh cyber borrder co-
over India. These Cyberr Crime cell c operation of governmentts, businessses and
investigaates in resp
pect of casess pertaining to insttitutions of other counntries. Mostt of the
hacking, spread of virus, pornographhy, couuntries lackk skilled law enfoorcement
manipulaation of accounts, alteration of daata, perssonnel to deal
d with computer
c annd even
software piracy, creeation of fallse Web sittes, broaader Informaation technoology relatedd crimes.
printing of counterfeeit currencyy, forged vissas, Usuually law ennforcement agencies alsso don’t
theft of intellecctual propeerty, emmail takee crimes serrious, they have
h no impportance
spamminng, denial ofo access, password
p theeft, of enforcement
e t of cyber crimes,
c and even if
crimes with
w cell phones and paalmtops, cybber theyy undertake to investiggate they arre posed
terrorism
m etc.. There are certain States that has
h withh limitationn of extra-tterritorial naature of
their owwn separate cyber cells operational in crim
mes.
India.
Prooblem of cyber c
crime and
d law
Investigaations and search
s procedures enfoorcement
Section 75 of Inforrmation Technology Act, A In present deecade the new technnological
2000 takkes care off jurisdictioonal aspect of devvelopment haas attracted attention off various
cyber crrimes, and one wouldd be punishhed law
w enforcemeent agenciess to establiish new
irrespectiive of his nationality and place of insttitutions to suupervise pollice and enabble them
commission of offen nce. Power ofo investigatiion to combat
c withh the problemm of cyberccrime. In
is been given
g to police officer not below the
t this regard thhe aim of police shoould be
rank of Deputy
D Supeerintendent of
o police or any
a prevvention or prre-emption of o cybercrimme rather
officer of
o the Central Governm ment or a Sttate thann prosecuttion becauuse in caases of
Governm ment authhorised by Centtral cybercrime it is very difficult
d to punish
Governm ment. He maay enter anyy public plaace, cybercriminals because of jurisdictionaal issue.
conduct a search an nd arrest without
w warrant Todday law ennforcement agencies facing f a
person who
w is reassonably exppected to haave
9
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
makees it valid fo
or one time log-on
l sessioon. at state level witth all advanced
Otherr useful methods
m inntroduced are technological equipment to detecct cyber
signaature, voice,, fingerprintt identificatiion crimes and forf analyzingg digital evidence.
or rettinal and bioometric recoognition etc.. to 3. The police department must take initiative
i
impuute password ds. to gather thhe informattion about the t new
C) Firew
walls technologies that are being used by the
It creates wall between thhe system and a special cyber police off metro citiees as in
possiible intruderrs to protectt the classiffied Delhi, Kollkata, Mum mbai, Chennnai and
docum ments from being leakeed or accessed. Bengaluru for investtigation off cyber
It would only let the datta to flow in crimes. Theey can also take note of o other
compputer which is recognizeed and veriffied enforcemennt agencies in deeveloped
by onne’s system.. It only perrmits accesss to countries. InI this wayy they can develop
the syystem to onnes already registered
r w
with itself as a hiigh tech cyber cops.
the coomputer. 4. The local police
p statioons should keep a
D) Digittal Signaturee vigil on thee cyber cafess of their reespective
Are created by using means of localities annd they shoould ensure that no
crypttography by applying allgorithms. ThisT one could useu the cyber café withoout valid
has its
i prominen nt use in thhe business of ID proof. For thiis purposee state
bankiing where customer’ss signature is governmentt should made maandatory
identified by using this methodm befo
fore provision off registrationn of cyber caafes and
bankss enter into huge
h transacctions. surfing timee in cyber caféc should also be
restricted. Apart from m this cybber café
Conclusiion and sug
ggestion
should maintain a recoord of visittors and
In this reegard some major Insinnuations shouuld also prohibbit surfing of o porn website or
be develooped by the Police deparrtment or othher website conntaining obsccenity, terrorrism and
enforcemment agenciees to curb the
t cybercrim me other objecttionable materials.
and alsoo following g things needed
n to be 5. The policee should provide infoormation
considereed: about the precautionnary measuures to
1. Theree must be a separate cyyber crime cellc prevent cybber crime on their websitte which
with trained offficers at district level to could be acccess by thee general puublic. In
handlle the cases dealing with w compuuter this regard awareness program
p or seminar
offennces. These specially trrained officcers can be connducted by the police or o other
shoulld be efficien
nt in detectinng cybercrim
mes enforcemennt agencies through weebsite or
and be skilled in collectiion of digiital by advertiseement in eduucational insstitutions
evideence. These specially trrained officers and at other public places.
p The contact
can be
b called as ‘cyber cops’ informationn of cyber police shoould be
2. Theree must be a cyber forennsic laboratoory properly advvertised.
11
Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
thhat can infeect to otherr programs by US Money Lauundering Coontrol Act, 1886 as
m
modifying th
hem to incclude repliccate amendedd in 1998; Vienna Connvention
version of itseelf. organizeed by US in 1988 declared
d
money laundering as a cybercrime.
Dr. V. N
N. Paranjapee, Cyber Crrimes and laaw,
E 2010 p. 57.
Ed. India ennacted Moneey Launderiing Act,
2002 whhich was am
mended in 20005.
Dr. V. N
N. Paranjapee, Cyber Crrimes and laaw,
McA
Afee Annuaal Reports 2014,
2 Articlee: Cyber
E 2010, Chapter IV p. 85.
Ed. 8
Pays: Thhe Hidden Truth
T Aboutt Online
Dewang Mehta: Ro ole of Policce in Trackiing Gamblinng Sites availablle on
Innternet Crim
mes(2000) p. 179. http://wwww.informaationsecuritybbuzz.co
Dorothy E. Denningg. "CYBERT TERRORISM M" m/cyberrcrime-pays--hidden-truthh-
T
Testimony beefore the Speecial Oversigght online-ggambling-sitees/
Panel on Teerrorism Committee
C on Infoormation Technology
T Amendmennt Act,
A
Armed Services U.S. House of 2004 annd 2008.
R
Representativ
ves by Georgetow wn
Infoormation Tecchnology Acct, 2000.
U
University May
M 23, 2000.
Avaailable at http://infosec
h cawareness.inn/cyber-
http://ww
ww.cs.georgeetown.edu/~ ~denning/info
fos
crime-ceells-in-india
ecc/cyberterrorr.html , see a
also
htttp://www.crrime- C. Chaubey: An Introoduction too Cyber
R.C
reesearch.org/llibrary/Cybeer- Crime and
a Cyber Law,
L 2008 p. 776-
teerrorism.htm
ml 778.
James R
R. Richards : Transnatiional Criminnal
O
Organisations
s, Cyber Crim
me and Monney
L
Laundering (1999) p.44
13