Wednesday, 09 September

2020
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Wednesday, 09 September
2020
Crimes are not to be measured by the issue of events, but
by the bad intensions of men.

The greatest crimes do not arise from a want of feeling for

others but from an over sensibility for ourselves and an over
indulgence in our own desires.

Wednesday, 09 September
2020
 CYBER CRIME !!
The expression ‘Crime’ is defined as an act, which subjects the doer to
legal punishment or any offence against morality, social order or any
unjust or shameful act. The “Offence" is defined in the Code of
Criminal Procedure to mean as an act or omission made punishable by
any law for the time being in force.

Cyber Crime is emerging as a serious threat. World wide

governments, police departments and intelligence units have started
to react.

Wednesday, 09 September
2020
Cyber Crime is a term used to broadly describe criminal activity in which computers
or computer networks are a tool, a target, or a place of criminal activity and include
everything from electronic cracking to denial of service attacks. It is also used to
include traditional crimes in which computers or networks are used to enable the
illicit activity.

Computer crime mainly consists of unauthorized access to computer systems data

alteration, data destruction, theft of intellectual property. Cyber crime in the context
of national security may involve hacking, traditional espionage, or information
warfare and related activities.

Pornography, Threatening Email, Assuming someone's Identity, Sexual Harassment,

Defamation, Spam and Phishing are some examples where computers are used to
commit crime, whereas Viruses, Worms and Industrial Espionage, Software Piracy and
Hacking are examples where computers become target of crime.

Wednesday, 09 September
2020
 Indian Crime Scene

The major Cyber Crimes reported, in

India, are Denial of Services, Defacement of
Websites, Spam, Computer Virus and Worms,
Pornography, Cyber Squatting, Cyber Stalking
and Phishing.
Given the fact that nearly $ 120 million
worth of Mobiles are being lost or stolen in the
country every year, the users have to protect
Information, Contact details and Telephone
numbers as these could be misused. Nearly 69
per cent of information theft is carried out by
current and ex-employees and 31 per cent by
hackers. India has to go a long way in protecting
the vital information.
[3 The Hindu, Saturday, Oct 27, 2007].
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2020
 Cyber Crime Variants

Hacking
"Hacking" is a crime, which entails cracking
systems and gaining unauthorized access to the
data stored in them. Hacking had witnessed a 37
per cent increase this year.

Cyber Squatting
Cyber Squatting is the act of registering a famous
Domain Name and then selling it for a fortune.
This is an issue that has not been tackled in
IT ACT 2000.

Wednesday, 09 September
2020
Phishing is just one of the many frauds on
the Internet, trying to fool people into
parting with their money. Phishing refers to
the receipt of unsolicited emails by
customers of Financial Institutions,
requesting them to enter their Username,
Password or other personal information to
access their Account for some reason.

The fraudster then has access to the

customer's online bank account and to the
funds contained in that account.
Wednesday, 09 September
2020
 Cyber Stalking is use of the Internet or other
electronic means to stalk someone. This
term is used interchangeably with online
harassment and online abuse. Stalking
generally involves harassing or threatening
behaviour that an individual engages in
repeatedly, such as following a person,
appearing at a person's home or place of
business, making harassing phone calls,
leaving written messages or objects, or
vandalizing a person's property.
Wednesday, 09 September
2020
 VISHING
Vishing is the criminal practice of using
social engineering and Voice over IP
(VoIP) to gain access to private personal
and financial information from the
public for the purpose of financial
reward. The term is a combination of
“Voice" and phishing. Vishing exploits
the public's trust in landline telephone
services.

Vishing is typically used to steal credit

card numbers or other information used
in identity theft schemes from
Wednesday, 09 September
2020 individuals.
 India stands 11 th in the ranking for Cyber Crime in
the World, constituting 3% of the Global Cyber
Wednesday, 09 September Crime.
2020
 Why India?
A rapidly growing online user
base
❖ 121 Million Internet Users
❖ 65 Million Active Internet Users,
up by 28% from 51 million in
2010
❖ 50 Million users shop online on
Ecommerce and Online
Shopping Sites
❖ 46+ Million Social Network
Users
❖ 346 million mobile users had
subscribed to Data Packages.
Wednesday, 09 September
Source: IAMAI; Juxt; wearesocial 2011
2020
 Cyber Crime In India

❑ The majority of cybercrimes are centered on forgery, fraud and

Phishing,
❑ India is the third-most targeted country for Phishing attacks
after the US and the UK,
❑ Social networks as well as ecommerce sites are major targets,
❑ 6.9 million bot-infected systems in 2010,
❑ 14,348 website defacements in 2010,
❑ 6,850 .in and 4,150 .com domains were defaced during 2011,
❑ 15,000 sites hacked in 2011,
❑Wednesday,
India09isSeptember
the number 1 country in the world for generating spam.
2020
Cost Of Cyber Crime In India (2010)

➢ 29.9 million people fell victim to cybercrime,

➢ $4 billion in direct financial losses,
➢ $3.6 billion in time spent resolving the crime,
➢ 4 in 5 online adults (80%) have been a victim of
Cybercrime,
➢ 17% of adults online have experienced cybercrime
on their mobile phone.

Source: Norton Cybercrime Report 2011

Wednesday, 09 September
2020
 We have covered about three instances where high-profile government websites were
hacked and defaced. However, the actual number of Government Websites that were
hacked are quite huge.

A total number of 90, 119, 252 and 219 Government websites tracked by the Indian
Computer Emergency Response Team (CERT-In) were hacked / defaced by various
hacker groups in the year 2008, 2009, 2010 and Jan–Oct 2011 respectively.
Wednesday, 09 September
2020
 ➢ Again, this is
growing trend and
it is surprising that
authorities have
not taken stern
actions to curb the
growth of these
cyber-crimes.

❖ The police have recorded 3,038 cases but made only 2,700
arrests in 3 years (between 2007 and 2010)

❖ India registered only 1,350 cases under the IT Act and IPC in
2010

❖ 50% of cybercrimes are not even reported.

Wednesday, 09 September
2020
Cyber Laws in India

Under The Information

Technology Act, 2000
CHAPTER XI – OFFENCES – 66. Hacking with
computer system.

(1) Whoever 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.

(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with
fine which may extend up to two lakh rupees, or with both.

Wednesday, 09 September
2020
 Whoever without permission of
the owner of the computer :

➢ Secures Access;
➢ Downloads, Copies or extracts
any data, computer database or
any information;
➢ Introduce or causes to be introduce
any Virus or Contaminant;
➢ Disrupts or causes disruption;
➢ Denies or causes denial of access to any person;
➢ Provides any assistance to any person to facilitate access
➢ Charges the services availed of by a person to the account of
another person by Tampering with or Manipulating any Computer,
Computer System, or Computer Network;

Shall be liable to pay damages by way of compensation not exceeding one

crore rupees to the person so affected.
Wednesday, 09 September
2020
 Information Technology Amendment Act,
2008
Section – 43,
Destroys, Deletes or Alters any Information residing in a computer resource or
diminishes its value or utility or affects it injuriously by any means;

Steals, conceals, destroys or alters or causes any person to steal, conceal, destroy
or alter any computer source code used for a computer resource with an intention
to cause damage;

“If any person, dishonestly, or fraudulently, does any act referred to in section 43,
he shall be punishable with imprisonment for a term which may extend to two
three years or with fine which may extend to five lakh rupees or with both.” [S.66]
Wednesday, 09 September
2020
S.66A - Punishment for sending offensive messages through
communication service, etc
❑ Any person who sends, by means of a computer resource or a
communication device;
❑ Any information that is grossly offensive or has menacing
character; or
❑ Any information which he knows to be false, but for the purpose
of causing annoyance, inconvenience, danger, obstruction, insult,
injury, criminal intimidation, enmity, hatred, or ill will,
persistently makes by making use of such computer resource or a
communication device;
❑ Any electronic mail or electronic mail message for the purpose of
causing annoyance or inconvenience or to deceive or to mislead the
addressee or recipient about the origin of such messages;

Shall be punishable with imprisonment for a term which may extend

to three years and with fine.
Wednesday, 09 September
2020
S. 66C - Punishment for identity theft

“Whoever, fraudulently or dishonestly make use of the

electronic signature, password or any other unique identification
feature of any other person, shall be punished with imprisonment
of either description for a term which may extend to three years
and shall also be liable to fine which may extend to rupees one
lakh”

S. 66D - Punishment for cheating by personation by using

computer resource

“Whoever, by means of any communication device or

computer resource cheats by personation, shall be punished with
imprisonment of either description for a term which may extend
to three years and shall also be liable to fine which may extend to
one lakh09 September
Wednesday,
2020
rupees. “
S. 66E - Punishment for violation of privacy.
“Whoever, intentionally or knowingly captures, publishes or transmits
the image of a private area of any person without his or her
consent, under circumstances violating the privacy of that person,
shall be punished with imprisonment which may extend to three
years or with fine not exceeding two lakh rupees, or with both”

S. 67 A - Punishment for publishing or transmitting of

material containing sexually explicit act, etc. in electronic
form
“Whoever publishes or transmits or causes to be published or
transmitted in the electronic form any material which contains
sexually explicit act or conduct shall be punished on first conviction
with imprisonment of either description for a term which may
extend to five years and with fine which may extend to ten lakh
rupees”
Wednesday, 09 September
2020
S. 67 C - Preservation and Retention of information
by intermediaries.

“(1) Intermediary shall preserve and retain such

information as may be specified for such duration and
in such manner and format as the Central Government
may prescribe.

(2) Any intermediary who intentionally or knowingly

contravenes the provisions of sub section (1) shall be
punished with an imprisonment for a term which may
extend to three years and shall also be liable to fine.”

Wednesday, 09 September
2020
 Arrests & Reports Under IT Act
❑ Under the IT Act, 966 cybercrime
cases were filed in 2010
420 in 2009)
❑ Geographic breakdown of cases
reported:
o 153 from Karnataka,
o 148 from Kerala
o 142 from Maharashtra
o 105 Andhra Pradesh
o 52 Rajasthan
o 52 Punjab

❑ 233 persons were arrested in 2010

❑ 33% of the cases registered were
related to hacking
Source: National Crime Records Bureau

Wednesday, 09 September
2020
 Arrests & Reports Under IPC
❑ Under the IPC, 356 cybercrime cases were registered in
2010 (276 cases in 2009)
❑ Geographic breakdown of cases reported --

o 104 from Maharashtra

o 66 Andhra Pradesh
o 46 Chhattisgarh

❑ The majority of these crimes were

either forgery or fraud cases.

Source: National Crime Records Bureau

Wednesday, 09 September
2020
 How to Tackle Such Activities?

An important question arises that how can these crimes be prevented. A

number of techniques and solutions have been presented but the problems still
exists and are increasing day by day.

Antivirus And Anti Spyware Software:

Аntivirus software consists of computer programs that attempt to identify,
thwart and eliminate computer viruses and other malicious software. Anti spy
wares are used to restrict backdoor program, trojans and other spy wares to be
installed on the computer.

Firewalls:
A firewall protects a computer network from unauthorized access. Network
firewalls may be hardware devices, software programs, or a combination of the
two. A network firewall typically guards an internal computer network against
malicious access from outside the network.

Wednesday, 09 September
2020
Cryptography:
Cryptography is the science of encrypting and decrypting
information. Encryption is like sending a postal mail to another
party with a lock code on the envelope which is known only to
the sender and the recipient. A number of cryptographic methods
have been developed and some of them are still not cracked.

Cyber Ethics and Laws:

Cyber ethics and cyber laws are also being formulated to stop
cyber crimes. It is a responsibility of every individual to follow
cyber ethics and cyber laws so that the increasing cyber crimes
shall reduce. Security Software like Anti Viruses and Anti Spy
Wares should be installed on all computers, in order to remain
secure from Cyber Crimes. Internet Service Providers should also
provide high level of security at their servers in order to keep
their clients secure from all types of viruses and malicious
programs.
Wednesday, 09 September
2020
 The Future of Cyber-Crimes in India
• Continued Website Hacks and
Defacements

• Data and Information theft

• Increasing phishing attacks on

Ecommerce and Financial Websites

• Cybercriminals targeting Social and

Professional Networks

• Threats directed at the Mobile Platform:

Smartphones and Tablets
Wednesday, 09 September
2020
 Conclusion…
“Indian Laws are well drafted and are capable of handling all kinds of
challenges as posed by cyber criminals. However, the enforcement
agencies are required to be well versed with the changing technologies
and Laws.”

"As internet technology advances so does the threat of cyber crime.

In times like these we must protect ourselves from cyber crime. Anti-
virus software, firewalls and security patches are just the beginning.
Never open suspicious e-mails and only navigate to trusted sites.”
Wednesday, 09 September
2020
 ADVOCATE irfan
Civil court varanasi

www.zoyalegal.com

Wednesday, 09 September
2020