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In the era of cyber world as the usage of computers became more popular, there was expansion in the growth of technology as well, and the term ‘Cyber’ became more familiar to the people. The evolution of Information Technology (IT) gave birth to the cyber space wherein internet provides equal opportunities to all the people to access any information, data storage, analyse etc. with the use of high technology. Due to increase in the number of netizens, misuse of technology in the cyberspace was clutching up which gave birth to cyber crimes at the domestic and international level as well. Beware from cyber crime.
Though the word Crime carries its general meaning as “a legal wrong that can be followed by criminal proceedings which may result into punishment” whereas Cyber Crime may be “unlawful acts wherein the computer is either a tool or target or both”.
The world 1st computer specific law was enacted in the year 1970 by the German State of Hesse in the form of ‘Data Protection Act, 1970’ with the advancement of cyber technology. With the emergence of technology the misuse of technology has also expanded to its optimum level and then there arises a need of strict statutory laws to regulate the criminal activities in the cyber world and to protect technological advancement system. It is under these circumstances Indian parliament passed its “INFORMATION TECHNOLOGY ACT, 2000” on 17th oct to have its exhaustive law to deal with the technology in the field of e-commerce, e-governance, e-banking as well as penalties and punishments in the field of cyber crimes. Beware from wanna cry virus.
• Cyber Crimes Actually Means: It could be hackers vandalizing your site, viewing confidential information, stealing trade secrets or intellectual property with the use of Internet. It can also include ‘denial of services’ and viruses attack preventing regular traffic from reaching your site. Cyber crimes are not limited to outsiders except in case of viruses and with respect to security related cyber crimes that usually done by the employees of particular company who can easily access the password and data storage of the company for their benefits. Cyber crimes also includes criminal activities done with the use of computers which further perpetuates crimes i.e. financial crimes, sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail, spoofing, forgery, cyber defamation, cyber stalking, unauthorized access to Computer system, theft of information contained in the electronic form, e-mail bombing, physically damaging the computer system etc.
• Classifications Of Cyber Crimes: Cyber Crimes which are growing day by day, it is very difficult to find out what is actually a cyber crime and what is the conventional crime so to come out of this confusion, cyber crimes can be classified under different categories which are as follows:
- Under ‘section 65’ in the offence of Tampering with computer source documents in which If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force. The penalty of this offence is Imprisonment up to three years, or/and with fine up to 200,000.
- Under ‘Section 66’ in the offence of Hacking with computer system in which If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack. The penalty of this offence is Imprisonment up to three years, or/and with fine up to 500,000.
- Undemk ‘Section 66B’ in the offence of Receiving stolen computer or communication device in which A person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen. The penalty of this offence is Imprisonment up to three years, or/and with fine up to 100,000.
- Under ‘Section 66C’ in the offence of Using password of another person in which A person fradulently uses the password, digital signature or other unique identification of another person. The penalty of this offence is Imprisonment up to three years, or/and with fine up to 100,000.
- Under ‘Section 66D’ in the offence of Cheating using computer resource in which If a person cheats someone using a computer resource or communication. The penalty of this offence is Imprisonment up to three years, or/and with fine up to 100,000.
- Under ‘Section 66E’ in the offence of Publishing private images of others in which If a person capturee, transmits or publishes images of a person’s private parts without his/her consent or knowledge. The penalty of this offence is Imprisonment up to three years, or/and with fine up to 200,000.
- Under ‘Section 66F’ in the offence of Acts of cyberterrorism in which If a person denies access to an authorised personnel to a computer resource, accesses a protected system or introduces contaminant into a system, which the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyberterrorism. The Penalty of this offence is imprisonment up to Life.
- Under ‘Section 67’ in the offence of Publishing information which is obscene in electronic form in which If a person publishes or transmits or causes to be published 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. The penalty of this offence is Imprisonment up to five years, or/and with fine up to 1,000,000.
- Under ‘Section 67A’ in the offence of Publishing images containing sexual acts in which If a person publishes or transmits images containing a sexual explicit act or conduct. The penalty of this offence is Imprisonment up to seven years, or/and with fine up to 1,000,000.
- Under ‘Section 67B’ in the Offence of Publishing predating children online in which Publishing predating children online. The Penalty of this offence is Imprisonment up to five years, or/and with fine up to 1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to Rs.1,000,000 on second conviction.
- Under ‘Section 67C’ in the offence of Failure to maintain records in which Persons deemed as intermediatary (such as an ISP) must maintain required records for stipulated time. Failure is an offence. The Penalty of this offence is Imprisonment up to three years, or/and with fine.
- Under ‘Section 68’ in the offence of Failure/refusal to comply with orders in which The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder. Any person who fails to comply with any such order shall be guilty of an offence. The Penalty of this offence is Imprisonment up to three years, or/and with fine up to 200,000.
- Under ‘section 69’ in the offence of Failure/refusal to decrypt data in which If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime. The penalty of this Offence is Imprisonment up to seven years and possible fine.
- Under ‘Section 70’ in the offence of Securing access or attempting to secure access to a protected system in which The appropriate Government may, by order in writing, authorize the persons who are authorized to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offence. The penalty of this offence is Imprisonment up to ten years, or/and with fine.
- Under ‘Section 71’ in the offence of Misrepresentation in which If anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate. The Penalty of this offence is Imprisonment up to three years, or/and with fine up to 100,000.
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