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Ques1. Distinguish between fraud & misrepresentation.
Ans1. Fraud vs Misrepresentation
People treat fraud and misrepresentation as being same and they even use the terms
interchangeably but there is a difference between the two concepts in the eyes of law and cases are
dealt with according to the provisions of either. Though both fraud and misrepresentation have similar
effects and there may be just a difference of intensity or magnitude, fraud is willful and attracts more
severe penalty than misrepresentation that is less severe.
Fraud
Fraud is done with the intention of wrongful personal gains or to cause damage to another person.
Fraud can be anything from claiming false health benefits from a product to giving false information
for monetary gains. Embezzlement, identity fraud, deceit in gambling or other sports, forging figures in
income statements, claiming wrong insurance claims, falsifying as a witness, inflating the invoices,
forging signatures, forging currencies and so on. Fraud is a crime that has strict provisions in the law
and is accordingly dealt with.
Misrepresentation
Misrepresentation, on the other hand, is mostly used in the context of contracts where a party may
present facts in such a way so as to lure other party into signing the contract. Sometimes a
manufacturer may not disclose all the facts about the product and by withholding these facts, he is
trying to misrepresent the facts in the hope that consumers may fall in trap and buy the product. At
times, it is innocent misrepresentation where the person presenting the facts may not be in the know
of all the facts and thus may create misrepresentation. f information is presented in such a way that it
looks true, but the picture becomes clear only when all relevant facts are presented, it becomes a
case of misrepresentation.
In brief:
Misrepresentation vs Fraud
Fraud is willful deceit while misrepresentation is merely not presenting entire information
Misrepresentation sometimes takes place as the person may not have knowledge of entire facts but
fraud is committed in the light of the day and the purpose is gaining at the expense of another party
Although most individuals use the terms "fraud and "misrepresentation synonymously, the two are
far from being same. n fact they can be looked upon as complete opposites. n a case involving civil
wrong, the representing party can claim monetary compensation for the fraud/misrepresentation
(whichever the case may be) as well as terminate the terms and conditions of the liaison.
When the representing party knows that his or her plea is baseless and untrue, then this individual is
committing fraud. However, there are many individuals who are convinced wrongly of a situation by a
third party. n such a case, it is one of misrepresentation because the defendant actually believes the
basis of his or her plea.
Fraud is a crime punishable by the law because it is an intentional wrong committed by the party. n
misrepresentation there are no such consequences, generally speaking.
f a fraud is to proven, then each of the following parameters need to be proven in a court of law:
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1. The physical proof presented by the defendant
2. The proof thus presented is incorrect
3. The defendant purposely made false representations (was aware of the falsehood)
4. The false proofs were made with the intention of duping the plaintiff
5. The defendant succeeded in duping the plaintiff
6. The plaintiff suffered loses due to the fraud
f you are a plaintiff involved in committing a misrepresentation then you must prove the following
parameters:
1. Validity of the evidence presented by the plaintiff
2. The claims were with regard to some legal agreement between the defending and the
pleading party
3. False representation of facts at the time of entering into the agreement
4. The plaintiff was induced into entering the agreement by the defendant
5. The agreement resulted in loss for the plaintiff
6. This loss was a gain for the defendant
Although it may not be possible for the plaintiff to prove the defendant as a fraudster, it is still possible
for the former to validate his situation as that of a misrepresentation.
ifference between fraud and misinterpretation:-

1. n misrepresentation the person making the false statement believes it to be true. n fraud the false
statement is person who knows that it is false or he does not care to know whether it is true or false.

2. There is no intention to deceive the other party when there is misrepresentation of fact. The very
purpose of the fraud is to deceive the other party to the contract.

3. Misrepresentation renders the contract voidable at the option of the party whose consent was
obtained by misrepresentation. n the case of fraud the contract is voidable t also gives rise to an
independent action in tort for damages.

4. Misrepresentation is not an offence under ndian penal code and hence not punishable. Fraud, n
certain cases is a punishable offence under ndian penal code.

5. Generally, silence is not fraud except where there is a duty to speak or the relations between
parties is fiduciary. Under no circumstances can silence be considered as misrepresentation

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6. The party complaining of misrepresentation can't avoid the contract if he had the means to discover
the truth with ordinary deligance. But in the case of fraud, the party making a false statement cannot
say that the other party had the means to discover the truth with ordinary deligance.

"ues2 : What are the remedies for breach of contract?
Ans:-
Remedies for breach of contract being a fountainhead of a correlative set of rights and obligations for
the parties, would be of no value, if there were no remedies to enforce the rights arising there under.
The party committing breach of contract is called the 'guilt party' and the other party is called the
'injured' or
'aggrieved' party.
n case of breach of contract, the aggrieved party would have one or
more, but not all, of the following
remedies against the guilty party
.
The remedies are:

1. Suit for rescission,
2. Suit for damages,
3. Suit for quantum meruit,
4. Suit for specific performance,
5. Suit for injunction,

Suit for rescission :
The breach of contract no doubt discharges the contract, but the aggrieved party may sometimes
need to approach the court to grant him a formal rescission, i.e. cancellation, of the contract. This
will enable him to be free from his own obligations under the
contract.

Suit for damages :
The word 'damages' means monetary compensation for loss suffered. Whenever a breach of
contract takes place, the remedy of 'damages' is the one that comes to mind immediately as
the
consequence of breach. A breach of contract may put the aggrieved party to some disadvantage or
inconvenience or may cause a loss to him. The court would desire the guilty part to accept
responsibility for any such loss of the aggrieved party and compensate him adequately. The
quantum of damages is determined by the magnitude of loss caused by breach.
Suit for quantum meruit :
The term quantum meruit means 'as much as earned'. t implies 'a payment deserved by a person
for the reason of actual work done'. When a party has done some work under a contract, and the
other party repudiates the contract or somehow the full performance of the contract becomes
impossible, then the party who has done the work can claim remuneration for the work under a suit

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for quantum meruit.
Likewise, where one party has expressly or impliedly requested another to
render him a service without specifying any remuneration, but the circumstances of the request
imply that the service is to be paid for, there is implied a promise to pay quantum
merit.
Even in
the case of where the person who has done the work is the one who is guilty of breach of contract,
he too is entitled to be paid quantum meruit. But there is an exception such a contract must have
involved work that was indivisible and it must not have been a
contract for lump sum remuneration.

4. Suit for specific performance:
n certain cases of breach of a contract, damages may not be an adequate remedy. Then the
Court may direct the party in breach to carry out his promise according to the terms of the
contract. This is a direction by the Court for specific performance of the contract at the suit of the
party not in breach. But in general, Courts do not wish to compel a party to do that which he has
already refused to do.
Chapter 2 of the Specific Relief Act,1963 lays down detailed rules on the specific performance of
Contracts.
Cases where specific performance may be ordered:
(i) Where there exists no standard for ascertaining the actual damage caused to
the aggrieved party by the non- performance
(ii) Where monetary compensation will not be adequate relief. Example a contract
for sale of a rare antique
(iii) Where plaintiff's property is held by the defendant in the capacity of his agent or
trustee
(iv) Where the act to be done is in performance of trust
Cases where specific performance will not be ordered:
(i) Where monetary compensation is adequate relief
(ii) Where contract is made by the agent or trustee in violation of his powers
(iii) Where the contract is of a personal nature, such as a contract to marry or a
contract of service
(iv) Where the court cannot supervise the performance of promise as it involves
performance of a continuous duty

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(v) Where the contract is in its nature revocable
(vi) Where the contract is made by a company in excess of its powers as laid down in its
Memorandum of Association
5. Suit for injunction :
'njunction' is a court order or decree to a person asking him to refrain from doing a
contemplated act or from continuing an ongoing act. Such an order of injunction becomes a
remedy for the aggrieved party when the court orders the guilty party to refrain from doing
precisely that which is causing the breach of contract. n a way, injunction is a mode of
securing the specific performance of the negative terms of a contract. But for the performance
of the positive terms of the contract, the aggrieved party may seek other remedies like
damages.
".3 istinguish between indemnity and guarantee.
Ans: Introduction
Guarantees and indemnities are both long established forms of what the law terms suretyship. There
are important legal distinctions between them.
What is what?
A guarantee is For a promise to someone that a third party
will meet its obligations to them "if they don't
pay you, will
Example of Guarantee "if they don't pay you, will
An indemnity s a promise to be responsible for another's
loss, and to compensate them for that loss on
an agreed basis
Example of ndemnity "if it costs you more than 250 to fix that,
will reimburse you the difference.

Section 4 of the venerable Statute of Frauds Act 1677 requires guarantees to be in writing if they are
to be enforceable. There is no such requirement in the case of an indemnity, although of course
written agreement is always best as a matter of practice and for proof. Further, a guarantee
provides for a liability co-extensive with that of the principal. n other words, the guarantor cannot be
liable for anything more than the client. The document will be construed as a guarantee if, on its true
construction, the obligations of the surety are to "stand behind the principal and only come to the fore
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once an obligation has been breached as between the principal and the financier. The obligation is a
secondary one, reflexive in character. An indemnity however, provides for concurrent liability with
the principal throughout and there is no need to "look first to the principal. n essence it is an
agreement that the surety will hold the financier harmless against all losses arising from the contract
between the principal and the financier. t is not always obvious whether a clause or agreement is
a guarantee or an indemnity.
And an exampIe...
Some of the differences were highlighted by the Court of Appeal in the 2007 case Pitts and Ors v
Jones. The appellants bringing the claim were minority shareholders in a company of which the
other party was managing director and majority shareholder. The majority shareholder had
negotiated the sale of the company to a purchaser who had agreed to buy the shares of the minority
at the same price. The appellants were summoned to the sale completion meeting and were told
that as part of the terms agreed their shares would be purchased after a delay of six months. On
being made aware of the risk of the purchaser becoming insolvent within this period they declined to
sign the documents but relented when the majority shareholder undertook verbally to pay if the
purchaser failed to do so. The purchaser did subsequently become insolvent and could not pay for
the minority shareholders' shares, so they sued the majority shareholder on his undertaking to pay
them. The Court of Appeal found that, while all the other necessary elements of a legally binding
contract were present (offer, acceptance, consideration and the intention to create legal relations), the
undertaking given to the minority shareholders was unenforceable since it was a guarantee and was
not in writing. The minority shareholders lost the value of their shares and were left with no recourse.
How to teII which is which
Whether the security document is a guarantee or an indemnity (or both) is a matter of construction.
There is a mass of case law on the distinction, but ultimately it comes down to the document in
question. Considerations are as follows:
O The words used; the fact that one label or another is used is not determinative but it may
demonstrate what the parties were attempting to achieve;
O Whether the document purports to make the surety liable for a greater sum than could be
demanded under the principal contract, in which case the inference is that he is undertaking
an obligation to indemnify;
O Whether a demand upon the principal debtor is defined as a condition precedent to
proceeding against the surety in which case the document may well best be read as a
guarantee;
O An indemnity comprises only two parties- the indemnifier and the indemnity holder. A
guarantee is a contract between three parties namely the surety, principal debtor and the
creditor.
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Summary
Case law iterates the need to seek proper legal advice and at bare minimum, use a written
agreement clearly stating the parties' intentions.
Append below some salient points pertaining to the difference/distinction between ndemnity and
Guarantee:
Indemnity Guarantee
Comprise only two parties- the indemnifier
and the indemnity holder.
There are three parties namely the surety,
principal debtor and the creditor
Liability of the indemnifier is primary The liability of the surety is secondary. The
surety is liable only if the principal debtor
makes a default. The primary liability being
that of the principal debtor.
The indemnifier need not necessarily act at
the request of the indemnified.
The surety give guarantee only at the request
of the principal debtor.
The possibility of any loss happening is the
only contingency against which the
indemnifier undertakes to indemnify.
There is an existing debt or duty, the
performance of which is guarantee by the
surety.

"4. What is the distinction between cheque and biII of exchange.
Ans:-Checks and bills of exchange are negotiable instruments and have been used by many people
worldwide for many decades. Understanding these two instruments would be a fundamental task for
any person who wishes to undertake banking as a career or even a past time activity.
What is a negotiabIe instrument?
The term negotiable instrument literally means a written document transferable by delivery. t can be a
promissory note, bill of exchange or check payable either to order or to a bearer
What is biII of exchange?
Many statutes have defined the bill of exchange as "an instrument in writing containing an
unconditional order , signed by the marker ,directing a certain person to pay a certain sum of money
only to ,or to the order of , a certain person or to the bearer of the instrument.
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But, what is a check?
n general, Negotiable instrument Act usually brings the definition for the check as follows;
"A Check is bills of exchange drawn on specified banker and not expressed to be payable otherwise
than on demand and it includes the electronic image of a truncated check and a check in the
electronic form
By looking at these definitions it is possible to understand that the check being a species of the bill of
exchange, it must satisfy almost all the essential features of a bill.
Thus, it is clear that both instruments must be signed by the drawer and those contain an
unconditional order to pay certain sum of money to the order of a specified person or the bearer.
However, there are some significant differences between a check and a bill of exchange. These are,
Cheque BiII of Exchange

t is drawn on a banker t may be drawn on any party or individual.
t has three parties - the drawer, the drawee,
and payee.

There are three parties - the drawer, the
drawee, and the payee.
t is seldom drawn in sets Foreign bills are drawn in sets

t does not require acceptance by the
drawee.
t must be accepted by the drawee before he
can be made liable to pay the bill.
Days of grace are not allowed to a banker Three days of grace are always allowed to
the drawee.
No stamp duty is payable on checks Stamp duty has to be paid on bill of
exchange.
t is usually drawn on the printed form. t may be drawn in any paper and need not
necessarily be printed.

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However it should be noted that the drawer of a bill is usually discharged from liability if it is not duly
presented for payment.
"5. istinguish between companies Iimited by shares and companies Iimited by guarantee.
Ans:-A company Iimited by guarantee is a lesser known type of business entity which is generally
formed by non-profit purposes and has members instead of shareholders.
There are both some similarities and differences between the two groups.
Members and shareholders enjoy limited liability, however in cases where a share based company is
liquidated; the latter might be required to pay all amounts of unpaid monies relating to the shares they
hold.
For example, if an individual shareholder holds 100 shares of 1 each, all of which remains unpaid at
the time of dissolution, then they would be required to pay 100 to the company.
Most companies limited by guarantee have a constitution which states that each member is only
required to pay 1 should it be dissolved.
Assuming that an average shareholder holds more than one share in a company, members in a
business limited by guarantee do appear to have less risk attached to their positions.
Profit Making Status
Perhaps the most fundamental difference between the two types of limited companies is that those
with shares generally exist for profit making purposes.
Companies limited by guarantee however, are non-profit making organisations and are usually
registered to provide a specified service to the public or a particular segment of the population.
The memorandum and articles of association of each would also differ as companies limited by
shares usually have very general objects clauses which allow them to pursue any legal trade or
activity.
Objects of companies limited by guarantee
Companies limited by guarantee however, often have very specific objects and detailed rules
pertaining to which areas they can engage in.
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Charities, which are often of this type, might have restrictions imposed on them by their major donors
who wish to ensure that their donations will be spent according to their wishes and not in a manner
which they would not approve.
By having a defined set of objects, companies limited by guarantee which are seeking to raise funds
might find it easier to do so because they would be able to demonstrate that sufficient restrictions
exist to protect the donor's intentions.
Removing the Word Limited
Companies limited by guarantee can have the word "limited removed from their name under section
30 of the Companies Act.
Company directors, secretary and declarant
Both types of companies are bound by the same requirements to have at least one director, a
secretary and a declarant at the time of incorporation and throughout any period of its existence.
When forming a company limited by guarantee, members are listed in the same manner in which
shareholders would be, even though no allotments are made to them.
". What is the definition of cyber crime.
Ans:-INTRO&CTION:
The term 'cyber crime' is a misnomer. This term has nowhere been defined in any statute /Act passed
or enacted by the ndian Parliament. The concept of cyber crime is not radically different from the
concept of conventional crime. Both include conduct whether act or omission, which cause breach of
rules of law and counterbalanced by the sanction of the state.
Before evaluating the concept of cyber crime it is obvious that the concept of conventional crime be
discussed and the points of similarity and deviance between both these forms may be discussed.
CONVENTIONAL CRIME-
Crime is a social and economic phenomenon and is as old as the human society. Crime is a legal
concept and has the sanction of the law. Crime or an offence is "a legal wrong that can be followed by
criminal proceedings which may result into punishment. The hallmark of criminality is that, it is breach
of the criminal law. Per Lord Atkin "the criminal quality of an act cannot be discovered by reference to
any standard but one: is the act prohibited with penal consequences.
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A crime may be said to be any conduct accompanied by act or omission prohibited by law and
consequential breach of which is visited by penal consequences.
CYBER CRIME
Cyber crime is the latest and perhaps the most complicated problem in the cyber world. "Cyber crime
may be said to be those species, of which, genus is the conventional crime, and where either the
computer is an object or subject of the conduct constituting crime "Any criminal activity that uses a
computer either as an instrumentality, target or a means for perpetuating further crimes comes within
the ambit of cyber crime
A generalized definition of cyber crime may be " unlawful acts wherein the computer is either a tool or
target or both The computer may be used as a tool in the following kinds of activity- financial crimes,
sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail spoofing,
forgery, cyber defamation, cyber stalking. The computer may however be target for unlawful acts in
the following cases- unauthorized access to computer/ computer system/ computer networks, theft of
information contained in the electronic form, e-mail bombing, data didling, salami attacks, logic
bombs, Trojan attacks, internet time thefts, web jacking, theft of computer system, physically
damaging the computer system.
ISTINCTION BETWEEN CONVENTIONAL AN CYBER CRIME-
There is apparently no distinction between cyber and conventional crime. However on a deep
introspection we may say that there exists a fine line of demarcation between the conventional and
cyber crime, which is appreciable. The demarcation lies in the involvement of the medium in cases of
cyber crime. The sine qua non for cyber crime is that there should be an involvement, at any stage, of
the virtual cyber medium.
REASONS FOR CYBER CRIME:
Hart in his work " The Concept of Law has said 'human beings are vulnerable so rule of law is
required to protect them'. Applying this to the cyberspace we may say that computers are vulnerable
so rule of law is required to protect and safeguard them against cyber crime. The reasons for the
vulnerability of computers may be said to be:
1. Capacity to store data in comparatively small space-
The computer has unique characteristic of storing data in a very small space. This affords to
remove or derive information either through physical or virtual medium makes it much more
easier.
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2. Easy to access-
The problem encountered in guarding a computer system from unauthorised access is that there
is every possibility of breach not due to human error but due to the complex technology. By
secretly implanted logic bomb, key loggers that can steal access codes, advanced voice
recorders; retina imagers etc. that can fool biometric systems and bypass firewalls can be utilized
to get past many a security system.
3.Complex-
The computers work on operating systems and these operating systems in turn are composed of
millions of codes. Human mind is fallible and it is not possible that there might not be a lapse at
any stage. The cyber criminals take advantage of these lacunas and penetrate into the computer
system.
4.Negligence-
Negligence is very closely connected with human conduct. t is therefore very probable that while
protecting the computer system there might be any negligence, which in turn provides a cyber
criminal to gain access and control over the computer system.
5. Loss of evidence-
Loss of evidence is a very common & obvious problem as all the data are routinely destroyed.
Further collection of data outside the territorial extent also paralyses this system of crime
investigation.
CYBER CRIMINALS:
The cyber criminals constitute of various groups/ category. This division may be justified on the basis
of the object that they have in their mind. The following are the category of cyber criminals-

1. Children and adolescents between the age group of 6 18 years
The simple reason for this type of delinquent behaviour pattern in children is seen mostly due to
the inquisitiveness to know and explore the things. Other cognate reason may be to prove
themselves to be outstanding amongst other children in their group. Further the reasons may be
psychological even. E.g. the al arati (Delhi) case was the outcome of harassment of the
delinquent by his friends.
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2. Organised hackers-
These kinds of hackers are mostly organised together to fulfil certain objective. The reason may
be to fulfil their political bias, fundamentalism, etc. The Pakistanis are said to be one of the best
quality hackers in the world. They mainly target the ndian government sites with the purpose to
fulfil their political objectives. Further the $ as well as the icrosoft sites is always under
attack by the hackers.
3. Professional hackers / crackers
Their work is motivated by the colour of money. These kinds of hackers are mostly employed to hack
the site of the rivals and get credible, reliable and valuable information. Further they are ven
employed to crack the system of the employer basically as a measure to make it safer by detecting
the loopholes.
4. Discontented employees-
This group include those people who have been either sacked by their employer or are
dissatisfied with their employer. To avenge they normally hack the system of their employee.
MOE AN MANNER OF COMMITING CYBER CRIME:
1. Unauthorized access to computer systems or networks / Hacking-
This kind of offence is normally referred as hacking in the generic sense. However the framers of the
information technology act 2000 have no where used this term so to avoid any confusion we would
not interchangeably use the word hacking for 'unauthorized access' as the latter has wide
connotation.
2. Theft of information contained in electronic form-
This includes information stored in computer hard disks, removable storage media etc. Theft may
be either by appropriating the data physically or by tampering them through the virtual medium.
3. Email bombing-
This kind of activity refers to sending large numbers of mail to the victim, which may be an
individual or a company or even mail servers there by ultimately resulting into crashing.
4. Data diddling-
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This kind of an attack involves altering raw data just before a computer processes it and then
changing it back after the processing is completed. The electricity board faced similar problem of
data diddling while the department was being computerised.

5. Salami attacks-
This kind of crime is normally prevalent in the financial institutions or for the purpose of
committing financial crimes. An important feature of this type of offence is that the alteration is so
small that it would normally go unnoticed. E.g. the Ziegler case wherein a logic bomb was
introduced in the bank's system, which deducted 10 cents from every account and deposited it in
a particular account.
6. Denial of Service attack-
The computer of the victim is flooded with more requests than it can handle which cause it to
crash. Distributed Denial of Service (DDoS) attack is also a type of denial of service attack, in
which the offenders are wide in number and widespread. E.g. 2azon, Yaoo.
7. Virus / worm attacks-
Viruses are programs that attach themselves to a computer or a file and then circulate
themselves to other files and to other computers on a network. They usually affect the data on a
computer, either by altering or deleting it. Worms, unlike viruses do not need the host to attach
themselves to. They merely make functional copies of themselves and do this repeatedly till they
eat up all the available space on a computer's memory. E.g. love bug virus, which affected at
least 5 % of the computers of the globe. The losses were accounted to be $ 10 million. The
world's most famous worm was the nternet worm let loose on the nternet by Robert orris
sometime in 1988. Almost brought development of nternet to a complete halt.

8. Logic bombs-
These are event dependent programs. This implies that these programs are created to do
something only when a certain event (known as a trigger event) occurs. E.g. even some
viruses may be termed logic bombs because they lie dormant all through the year and
become active only on a particular date (like the Cernobyl virus).
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9. Trojan attacks-
This term has its origin in the word 'Trojan horse'. n software field this means an unauthorized
programme, which passively gains control over another's system by representing itself as an
authorised programme. The most common form of installing a Trojan is through e-mail. E.g. a
Trojan was installed in the computer of a lady fil2 director in the U.S. while chatting. The cyber
criminal through the web cam installed in the computer obtained her nude photographs. He
further harassed this lady.
10. nternet time thefts-
Normally in these kinds of thefts the nternet surfing hours of the victim are used up by another
person. This is done by gaining access to the login D and the password. E.g. Colonel ajwa's
case- the nternet hours were used up by any other person. This was perhaps one of the first
reported cases related to cyber crime in ndia. However this case made the police infamous as to
their lack of understanding of the nature of cyber crime.

11. Web jacking-
This term is derived from the term hi jacking. n these kinds of offences the hacker gains
access and control over the web site of another. He may even mutilate or change the
information on the site. This may be done for fulfilling political objectives or for money. E.g.
recently the site of MT (Ministry of nformation Technology) was hacked by the Pakistani
hackers and some obscene matter was placed therein. Further the site of Bombay crime
branch was also web jacked. Another case of web jacking is that of the 'gold fis' case. n this
case the site was hacked and the information pertaining to gold fish was changed. Further a
ransom of US $ 1 million was demanded as ransom. Thus web jacking is a process where by
control over the site of another is made backed by some consideration for it.
CLASSIFICATION:
The subject of cyber crime may be broadly classified under the following three groups. They are-

1. Against ndividuals
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a. their person &
b. their property of an individual
2. Against Organization
a. Government
c. Firm, Company, Group of ndividuals.

3. Against Society at large
The following are the crimes, which can be committed against the followings group

Against ndividuals:
i. Harassment via e-mails.
ii. Cyber-stalking.
iii. Dissemination of obscene material.
iv. Defamation.
v. Unauthorized control/access over computer system.
vi. ndecent exposure
vii. Email spoofing
viii. Cheating & Fraud
Against ndividual Property: -
i. Computer vandalism.
ii. Transmitting virus.
iii. Netrespass
iv. Unauthorized control/access over computer system.
v. ntellectual Property crimes
vi. nternet time thefts
Against Organization: -
i. Unauthorized control/access over computer system
ii. Possession of unauthorized information.
iii. Cyber terrorism against the government organization.
iv. Distribution of pirated software etc.
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Against Society at large: -
i. Pornography (basically child pornography).
ii. Polluting the youth through indecent exposure.
iii. Trafficking
iv. Financial crimes
v.Sale of illegal articles
vi.Online gambling
vii. Forgery
The above mentioned offences may discussed in brief as follows:
1. Harassment via e-mails-
Harassment through e-mails is not a new concept. t is very similar to harassing through
letters. Recently had received a mail from a lady werein se co25lained about the same.
Her former boy friend was sending her mails constantly sometimes emotionally blackmailing
her and also threatening her. This is a very common type of harassment via e-mails.
2. Cyber-stalking-
The Oxford dictionary defines stalking as "pursuing stealthily". Cyber stalking involves
following a person's movements across the nternet by posting messages (sometimes
threatening) on the bulletin boards frequented by the victim, entering the chat-rooms
frequented by the victim, constantly bombarding the victim with emails etc.
3. Dissemination of obscene material/ ndecent exposure/ Pornography (basically child
pornography) / Polluting through indecent exposure
Pornography on the net may take various forms. t may include the hosting of web site
containing these prohibited materials. Use of computers for producing these obscene
materials. Downloading through the nternet, obscene materials. These obscene matters
may cause harm to the mind of the adolescent and tend to deprave or corrupt their mind.
Two known cases of pornography are the eli al arati case and the o2bay case
wherein two Swiss couple used to force the slum children for obscene photographs. The
Mumbai police later arrested them.
4. Defamation
M8AP8(3
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SemesLer)

t is an act of imputing any person with intent to lower the person in the estimation of the right-
thinking members of society generally or to cause him to be shunned or avoided or to expose
him to hatred, contempt or ridicule. Cyber defamation is not different from conventional
defamation except the involvement of a virtual medium. E.g. the mail account of Roit was
hacked and some mails were sent from his account to some of his batch mates regarding his
affair with a girl with intent to defame him.
4. Unauthorized control/access over computer system-
This activity is commonly referred to as hacking. The ndian law has however given a
different connotation to the term hacking, so we will not use the term "unauthorized access"
interchangeably with the term "hacking" to prevent confusion as the term used in the Act of
2000 is much wider than hacking.
5. E mail spoofing-
A spoofed e-mail may be said to be one, which misrepresents its origin. t shows it's origin to
be different from which actually it originates. Recently spoofed mails were sent on the name
of Mr. a.Vijayasankar (naavi.org), which contained virus.
Rajes anyar, a graduate student at Purdue University in ndiana, was arrested for
threatening to detonate a nuclear device in the college campus. The alleged e- mail was sent
from the account of another student to the vice president for student services. However the
mail was traced to be sent from the account of Rajesh Manyar.
6. Computer vandalism-
Vandalism means deliberately destroying or damaging property of another. Thus computer
vandalism may include within its purview any kind of physical harm done to the computer of
any person. These acts may take the form of the theft of a computer, some part of a
computer or a peripheral attached to the computer or by physically damaging a computer or
its peripherals.
7. Transmitting virus/worms-
This topic has been adequately dealt herein above.
8. ntellectual Property crimes / Distribution of pirated software-
ntellectual property consists of a bundle of rights. Any unlawful act by which the owner is
deprived completely or partially of his rights is an offence. The common form of PR violation
M8AP8(3
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may be said to be software piracy, copyright infringement, trademark and service mark
violation, theft of computer source code, etc.
The yderabad Court has in a land mark judgement has convicted three people and
sentenced them to six months imprisonment and fine of 50,000 each for unauthorized copying
and sell of pirated software.
9. Cyber terrorism against the government organization
At this juncture a necessity may be felt that what is the need to distinguish between cyber
terrorism and cyber crime. Both are criminal acts. However there is a compelling need to
distinguish between both these crimes. A cyber crime is generally a domestic issue, which
may have international consequences, however cyber terrorism is a global concern, which
has domestic as well as international consequences. The common form of these terrorist
attacks on the nternet is by distributed denial of service attacks, hate websites and hate
emails, attacks on sensitive computer networks, etc. Technology savvy terrorists are using
512-bit encryption, which is next to impossible to decrypt. The recent example may be cited of
sa2a in Laden, the LTTE, attack on 2erica's ar2y de5loy2ent syste2 during raq war.
Cyber terrorism may be defined to be " te 5re2editated use of disru5tive activities, or te
treat tereof, in cyber s5ace, wit te intention to furter social, ideological, religious,
political or similar objectives, or to intimidate any person in furtherance of such objectives
Another definition may be attempted to cover within its ambit every act of cyber terrorism.
A terrorist means a person who indulges in wanton killing of persons or in violence or in
disruption of services or means of communications essential to the community or in damaging
property with the view to
(1) putting the public or any section of the public in fear; or
(2) affecting adversely the harmony between different religious, racial, language or regional
groups or castes or communities; or
(3) coercing or overawing the government established by law; or
(4) endangering the sovereignty and integrity of the nation
and a cyber terrorist is the person who uses the computer system as a means or ends to achieve the
above objectives. Every act done in pursuance thereof is an act of cyber terrorism.
M8AP8(3
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10Trafficking
Trafficking may assume different forms. t may be trafficking in drugs, human beings, arms
weapons etc. These forms of trafficking are going unchecked because they are carried on
under pseudonyms. A racket was busted in Chennai where drugs were being sold under the
pseudonym of honey.
11. Fraud & Cheating
Online fraud and cheating is one of the most lucrative businesses that are growing today in the
cyber space. t may assume different forms. Some of the cases of online fraud and cheating that
have come to light are those pertaining to credit card crimes, contractual crimes, offering jobs,
etc.
Recently the Court of Metropolitan Magistrate Delhi found guilty a 24-year-old engineer working in a
call centre, of fraudulently gaining the details of Campa's credit card and bought a television and a
cordless phone from Sony website. Metropolitan magistrate Gulshan Kumar convicted Azim for
cheating under PC, but did not send him to jail. nstead, Azim was asked to furnish a personal bond
of Rs 20,000, and was released on a year's probation.

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