Cyber Crime and Cyber Law in India: IT Act and Cyber Security

This report, titled "Cyber Crime & Cyber Law's in India", provides a comprehensive overview of cybercrime and cyber law within the Indian context. It begins by defining cybercrime and its various forms, emphasizing the role of the internet and computer technology in facilitating such offenses. The report then introduces the concept of cyber law, explaining its significance in regulating cyberspace activities and addressing the legal issues arising from the use of communication and computer technology. It highlights the objectives of the study, which include exploring the nature of cybercrimes and the laws enacted to combat them, with a focus on security in cyberspace. The paper delves into specific sections of the IT Act, 2000, outlining various offences, such as unauthorized access, data modification, distribution of violent messages, and identity theft, along with their corresponding punishments. The report also discusses the importance of cyber law in the digital age and the need for individuals to be informed about cybercrime and online safety measures. Overall, the report aims to provide a clear understanding of cybercrime, cyber law, and the legal framework in India, emphasizing the importance of awareness and security in the digital landscape.

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CYBER CRIME & CYBER LAW'S IN INDIA
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International Journal of Advance and Innovative Research
Volume 7, Issue 1 (VI): January - March, 2020 Part - 1
62
ISSN 2394 - 7780
CYBER CRIME & CYBER LAW’S IN INDIA
Vinayak Pujari1, Dr. R. B. Patil2 and Rohit Dalvi3
Assistant Professor1, Department of I.T., I.C.S. College, Khed, Ratnagiri
H.O.D. 2, Department of I.T., S.K. Somaiya College of Arts, Science and Commerce, Mumbai
Student3, M.Sc. I.T., I.C.S. College, Khed, Ratnagri
ABSTRACT
As it’s know that this is the era where maximum of the things are thru usually over the internet starting from
online big business to the online deal. Meanwhile the web is considered as universal stage, anybody can access
the assets of the internet from anyplace. The internet technology has been by means of by the rare people for
criminal events like illegal access to other’s network, swindles etc. These illegal crimes or the offense related to
the internet is named as cybercrime. In order to break or to penalize the cyber criminals the term named as
Cyber Law was familiarized. We can state cyber law as it is the chunk of the legal methods that deals with the
Internet, World Wide Web, and with the legal topics. It shields a wide area, surrounding many subtopics as well
as liberty of expressions, access to and use of the Internet, and online security or online privacy. Generally, it is
referred as the law of the web.
Keywords: Internet, Unauthorized access, Cybercrime, Cyber law, Cyberspace, Punish, Network
I. INTRODUCTION
The brainchild of Computer has made the life of humans calmer, it has been using for several purposes
beginning from the individual to big organizations thru the globe. In simple term we can term computer as the
machine that can stock and operate/process data or instruction that are trained by the user. Most computer
handlers are using the computer for the specious purposes either for their individual benefits or for other’s
benefit since eras [15]. This contributed for the birth of Cybercrime. This has directed to the meeting in events
which are unlawful to the society. We can define Cybercrime as the crimes keen using mainframes or computer
network and typically gross over the cyber space chiefly the Internet [3]. Now arises the term Cyber Law. It
doesn’t have a static definition, but in a humble term we can clear it as the law that rules the cyberspace. Cyber
laws are the laws that oversee cyber area. Cyber Crimes, digital and electronic signatures, data securities and
solitudes etc. are understood by the Cyber Law [4]. The UN’s General Assembly suggested the first IT Act of
India which was grounded on the “United Nations Model Law on Electronic Commerce” (UNCITRAL) Model
[5].
II. OBJECTIVE
The main goal of our paper is to range the knowledge of the crimes or violations that take place over and done
with the internet or the cyberspace, alongside with the laws that are forced against those wrongdoings and
offenders. We are moreover trying to emphasis on the security in cyberspace.
III. CYBER CRIME
Sussman and Heuston primarily projected the word “Cyber Crime” in the year 1995. Cybercrime cannot be
termed as a single definition, it is best well thought-out as a group of acts or behaviors. These deeds are founded
on the material crime object that disturbs the computer data or structures. These are the prohibited acts where a
digital device or material system is a tool or a goal or it can be the mixture of both. The cybercrime is also
identified as electronic crimes, computer-related crimes, in elevation technology crime, data age crime etc. In
simple word we can explain “Cyber Crime” as a crime that takes place above electronic communications or data
systems. These sorts of crime are essentially the prohibited activities in which a processor and a network are
intricate. Due of the expansion of the internet, the sizes of the cybercrime happenings are also growing because
when binding a crime there is no longer a need for the bodily present of the criminal. The rare characteristic of
cybercrime is that the prey and the criminal may never come into straight contact. Cybercriminals often choose
to function from countries with absence or weak cybercrime laws in order to cut the chances of finding and
examination. There is a saying amid the people that cybercrimes can only be stubborn over the World Wide
Web or the internet. In reality cybercrimes can also be resolute without ones participation in the cyber space, it
is not essential that the cybercriminal should persist existing online. Software privacy can be used as an
example
The cybercrime is grown from Morris Worm to the ransomware. Many countries counting India are at work to
terminate such corruptions or outbreaks, but these attacks are endlessly changing and disturbing our nation.

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IV. CYBER LAW
Cyber Law seized natal in order to take switch over the crimes dedicated over the internet or the cyberspace or
via the uses of computer assets. Explanation of the legalized issues that are linked to the uses of communication
or computer technology can be named as Cyber Law.
Cyber law shows a very vital role in this new era of technology. It is significant as it is worried to nearly all
facets of doings and dealings that take place whichever on the internet or other communication devices.
Whether we are alert of it or not, but each act and each response in Cyberspace has some lawful and Cyber
permissible views [14].
One must have the following information in order to stay alert about the cybercrime:
 Single should recite the cyber law carefully.
 Basic information of Internet and Internet’s safety.
 Recite cyber crime’s cases. By interpretation those cases one can be conscious from such crimes.
 Important application from reliable site can be used for guard of one’s delicate information or data.
 More or less key opinions of the Information Technology (IT) Act 2000 are as follows:
 E-mail is now measured as a legal and lawful form of communication.
 Digital signatures are agreed as permissible validity within the Act.
 Act has set natal to new occupations, to businesses to issue digital certificates by flattering the Certifying
Authorities.
 This Act lets the government to issue notifications on internet over e-governance.
 The interaction between the organizations or between the business and the administration can be done over
internet.
 Speaking the issue of safety is the most significant feature of this Act. It announced the concept of digital
signatures that confirms the individuality of a discrete on internet.
 In case of any damage or harm done to the firm by offenders, the Act delivers a remedy in the form of cash
to the company [15].
Cyber Law took birth in order to take control over the crimes committed through the internet or the cyberspace
or through the uses of computer resources. Description of the lawful issues that are related to the uses of
communication or computer technology can be termed as Cyber Law.
 Bridging multi-jurisdictional boundaries;
 Retaining and preserving evidence;
 Acquiring appropriate powers;
 Decoding encryption;
 Proving Identity;
 Knowing where to look for evidence;
 Tackling the tools of crime and developing tools to counter crime;
 Rethinking the costs and priorities of investigations;
 Responding to crime in real time;
 Coordinating investigative activities;
 Improving training at all levels of the organization;
 Developing strategic partnerships and alliances;
 Improving the reporting of electronic crime;
 Enhancing the exchange of information and intelligence;

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 Acquiring. Developing and retaining specialist staff; and
 Avoiding „tech-lag‟ (or getting access to cutting edge technology).
 Bridging multi-jurisdictional boundaries;
 Retaining and preserving evidence;
 Acquiring appropriate powers;
 Decoding encryption;
 Proving Identity;
 Knowing where to look for evidence;
 Tackling the tools of crime and developing tools to counter crime;
 Rethinking the costs and priorities of investigations;
 Responding to crime in real time;
 Coordinating investigative activities;
 Improving training at all levels of the organization;
 Developing strategic partnerships and alliances;
 Improving the reporting of electronic crime;
 Enhancing the exchange of information and intelligence;
 Acquiring. Developing and retaining specialist staff; and
 Avoiding „tech-lag‟ (or getting access to cutting edge technology).
V. CYBER LAW IN INDIA
Resulting are the sections under IT Act, 2000
1. Section 65- Stand in with the computers source booklets whoever purposely or knowingly abolish, hide or
modify any computer’s source code that is used for a processor, mainframe program, and CPU system or
workstation network.
Punishment: Any individual who includes in such crimes could be penalized up to 3 years custody or with a fine
of Rs.2 lakhs or by way of both.
2. Section 66- Riding with computer system, data modification etc. whoever with the determination or purpose
to cause any damage, harm or to abolish, erase or to change any data that exist in a public or any individual’s
computer. Reduce its usefulness, standards or moves it injuriously by any means, binds hacking.
Punishment: Any creature who comprises in such crimes could be punished up to 3 years captivity, or with a
fine that may cover upto 2 lakhs rupees, or both [14].
3. Section 66A- Distribution violent messages through any communication facilities
 Any data or communication sent via any communication services this is invasive or has intimidating
characters.
 Any information that is false or is invalid and is sent with the finale goal of irritating, troublesomeness,
hazard, abuse, barrier, wound, illegal intention, hostility, disgust or ill will.
 Any mail or electronic post sent with the end objective of causing irritation, trouble or misinform or to
cheat the address about the source of the messages.
Punishment: Any single found to pledge such crimes under this section could be send to prison for up to 3years
of custody along with a fine.
4. Section 66B- Getting lifted computer’s resources or communication devices unfairly getting or retentive any
stolen processor, CPU’s resources or any communication plans meaningfully or having the aim to believe the
same.

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Punishment: Anyone who encompasses in such crimes could be pronounce judgment on either account for a
term that may cover up to 3 years of captivity or with a fine of rupee 1 lakh or both.
5. Section 66C- Classify theft Using of one’s digital signature or one’s PIN or any other unique ID of any
individual is a crime.
Punishment: Any being who include in such crimes could be condemned either with a account for a term which
may stretch up to 3 years of custody along with a fine that may spread up to rupee 1 lakh.
There are numerous other sections in the IT Act, 2000 amongst them a few vital sections are as follows:
Offences Sec. under IT Act, 2000
Damage to Computer, Computer System etc. Section 43
Power to issue direction for blocking from public access of any information
through any computer’s resources.
Section 69A
Power to authorize to collect traffic information or data and to monitor
through any computer’s resources for cyber security
Section 69B
Un-authorized access to protected system. Section 70
Penalty for misrepresentation. Section 71
Breach of confidentiality and privacy. Section 72
Publishing False digital signature certificates. Section 73
Publication for fraudulent purpose. Section 74
Act to apply for contravention or offence that is committed outside India. Section 75
Compensation, confiscation or penalties for not to interfere with other
punishment.
Section 77
Compounding of Offences. Section 77 A
Offences by Companies. Section 85
Sending threatening messages by e-mail. Section 503 IPC
Sending defamatory messages by e-mail. Section 499 IPC
E-mail Spoofing. Section 463 IPC
Web Jacking. Section 383 IPC
E-mail Abuse. Section 500 IPC
Criminal intimidation by anonymous communications Section 507 IPC
Online sale of Drugs. NDPS Act
Online sale of Arms Arm Act
VI. CONCLUSION
The growth and propagation of a freshly developed technologies begin star to run many cybercrimes in latest
years. Cybercrime has develop great dangers to mankind. Security against cybercrime is a vibrant part for
societal, social and safety aspect of a country. The Government of India has endorsed IT Act, 2000 to pact with
cybercrimes. The Act more study the IPC, 1860, the IEA (Indian Evidence Act), 1872, the Banker's Books
Evidence Act 1891 and the Reserve Bank of India Act, 1934. Any part of the ecosphere cybercrime could be
created transient national boundaries above the internet creating both technical and lawful complexities of
examining and impeaching these crimes. The international consistent efforts, direction and co-operation
amongst various nations are compulsory to take action on the road to the cybercrime. Our main tenacity of
scripting this paper is to range the content of cybercrime amongst the communal people. At the conclusion of
this paper “Cyber Crime and Cyber Laws of India” we need to say cybercrime can never be approved. If
anybody drops in the victim of cyber-attack, kindly take a step forward and record a case in your adjoining
police station. If the criminals won’t get penalty for their action, they will at no time stop.
VII. REFERNCES
1) https://www.tutorialspoint.com/information_security_cyber_law/introduction.htm
2) https://www.slideshare.net/bharadwajchetan/anintroduction-to-cyber-law-it-act-2000-india
3) http://www.academia.edu/7781826/IMPACT_OF_SOCIAL_MEDIA_ON_SOCIETY_and_CYBER_LAW
4) https://cybercrime.org.za/definition
5) http://vikaspedia.in/education/Digital%20Litercy/information-security/cyber-laws
6) https://www.ijarcsse.com/docs/papers/Volume_3/5_ May2013/V3I5-0374.pdf

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7) http://searchsecurity.techtarget.com/definition/emailspoofing
8) http://www.helplinelaw.com/employment-criminaland-labour/CDII/cyber-defamation-in-india.html
9) http://ccasociety.com/what-is-irc-crime/
10) http://searchsecurity.techtarget.com/definition/denialof-service
11) http://niiconsulting.com/checkmate/2014/06/it-act2000-penalties-offences-with-case-studies/
12) http://www.cyberlawsindia.net/cyber-india.html
13) https://en.wikipedia.org/wiki/Information_Technolo gy_Act,2000
14) https://www.ijarcsse.com/docs/papers/Volume_5/8_ August2015/V5I8-0156.pdf
15) www.tigweb.org/actiontools/projects/download/4926.doc
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