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Cyber Laws in India

With technological advancement, our society is largely dependent on the internet, and with the use of technology, cyber crimes are on a rise. Even for big organizations, cyber security is one of the most important concerns as there are regular cyber attacks on them that aim at stealing their information online and disrupt their business. Cyber laws come into the picture to protect us from the numerous cyber crimes in India.

Information Technology Act, 2000

Information Technology Act was implemented in the year 2000. They deal with the legal concerns related to cyber space and information technology.

Important provision of The Information Technology Act

  • Section 43- Penalty for damage to a computer and computer system etc.
  • Section 65- Tampering with the computer source
  • Section 66- Hacking a Computer
  • Section 67- Publishing obscene information in an electronic form.
  • Section 74- Publication with the intention to commit fraud

Cyber Security

Cyber Security is about the protection of government and corporate networks, making it difficult for hackers to find vulnerabilities and hack the systems. It relates to technologies and measures to safeguard the computers, networks, and date from cyber attack and unlawful admittance.

Although India doesn't have a joint working group or Ministry dedicated to cyber security, the government has become stricter with cyber crimes policies.

The National Cyber Security Policy, 2013 was implemented to build up secure cyberspace. The main aim was to give protection to information present in the field of cyberspace in India and build up capabilities for protection from cyber threats and damages.

Cyber security come under the following sections

  • Section 43- Data Protection
  • Section 66- Hacking
  • Section 66A- Measures protecting against offensive messages
  • Section 66B- Punishment prescribed for illegally possessing stolen computer resource or communication device.
  • Section 67- Protection against unauthorized access to data
  • Section 69- Cyber terrorism
  • Section 70- Attempt or securing access to the protected system
  • Section 72- Privacy and confidentiality

Cyber Crime

We all regularly receive emails stating we won millions of dollars, and we just have to give our bank details, and the money will be credited in our account. Many a time, people fall for these kinds of emails and they later find out that their accounts have been cleared out. This is one example of cyber crime.

Generally, a cyber crime includes illegal activities conducted on a computer like phishing schemes and viruses. The Information Technology Act, 2000 does not define cyber crime. But there are various legislations prescribing the punishments related to cyber crime, such as Indian Penal Code.

Difference between Cyber Security and Cyber Crime

 

Cyber Security

Cyber Crime

Types of Crime

A Computer network, software, and hardware are involved

An Individual or his data is targeted.

Victims

Victims generally consist of corporations and governments

Individuals

Offences under the ambit of cyber law

The Main target of cyber law is to eradicate and prevent any crime related to information technology. All crimes related to internet or computers are under this law, such as:

  • Cyber terrorism
  • Email Fraud
  • Social media crimes
  • Breach of Privacy breach
  • Personification or identity theft
  • Ramsomeware
  • Lottery scams
  • Unsanctioned access to any computer or internet
  • Gambling through online mode
  • Cyber Pornography
  • Theft of Computer hardware
  • Hacking of computer and data alteration
  • ATM Fraud
  • Cyber stalking
  • Transaction related unauthorized and illegal product through online mode

Why do we need Cyber laws in India?

  • In today's techno-savvy environment, we are treating the internet as a research and information sharing tool. Since the number of internet users is on the rise, it gives birth to Cyber Crimes. All issues relating to cyber crime or internet crimes are dealt with through Cyber Law. So, to get the remedy against Cyber Crime, the need for Cyber law arises.
  • Cyber laws are enacted to protect the privacy of people and organizations. Before the enactment of cyber laws, we didn't have any specific law to deal with cyber crime.
  • Every move in the world of cyberspace has some legal consequences and a different cyber-legal perspective. Cyber laws touch all aspects of these activities conducted on the internet.
  • Cyber crimes nowadays threaten the nation’s security. They involve high profile cases of cracking and copyright infringement. These laws protect the privacy of people as well as business.
  • The technological advancements have given birth to new age crimes which can be addressed by the Information Technology Act, 2000.

Who can file a case of cyber crime?

Any person or organization affected by any cyber crime can file a cyber crime complaint with the cyber crime police of their area or cyber cell in India either offline or online.

Where can a cyber crime be reported?

The Information Technology Act, 2000 states that, when cyber crime is committed, it shall have global jurisdiction. Hence, the complainant has the authority to file a complaint at any cyber crime cell situated in their city or anywhere else. But it is advisable to approach the cyber cell that is closer to your place of residence.

How can one file a cyber crime complaint in India?

In India, there is a cyber crime reported every 10 minutes. In 2017 alone there were 4035 cyber crime complaints filed. You can file a complaint to either the cyber police or the cyber crime investigation cell either offline or online.

  • Step 1

    While filing a complaint, an application letter needs to be given to the cyber crime investigation cell. it should have the name, mailing address and the telephone number.

  • Step 2

    For registering the complaint, certain documents need to be attached with the complaint.

Various documents required for filing a cyber crime complaint

  • Documents required for reporting complaints of hacking
  • Documents for filing email abuse case
  • Documents required for filing cyber fraud

Documents needed for reporting a complaint of hacking

  • Previous server logs.
  • In case the website is defaced, the soft copy and the hard copy of the defaced web page.
  • For data hacking cases, a soft and hard copy of the original data along with the compromised data.
  • Details of the people who have access to the victim's computer or email.
  • List of suspects by the victim.

Documents referring to email abuse or vulgar emails

  • The headers of the offending email.
  • The offending email’s soft and hard copy
  • Copy of the offending email from the inbox and the hard drive.

Documents related to cyber fraud

  • Products purchased and the details of the products.
  • The details of the purchase like date and amount of purchase.
  • Details of the company.
  • Facts of the crime committed.
  • List of similar complaints filed against the same company.
  • Any other relevant information regarding cyber crime.

*Any fee, stamp duty, and miscellaneous charges shall be payable extra.

Contact us for any query related to cyber crimes. And to avail, any of the services, kindly establish contact by posting a query at our site. LawyerINC has a pool of expert lawyers, who will assist in filing the cyber crime complaint and represent you in the Court of Law.

Why choose LawyerINC?

  • Free consultation or enquiry
  • Expert guidance throughout the procedure
  • Assistance in filing the complaint
  • We will get in touch with you through a cyber law expert lawyer who is well versed with cyber laws in India.
  • Full support during the litigation for cyber crime in Special Cyber Courts as well as Regular Courts.

Frequently Asked Questions

  • 1. How to save oneself from fraud?

    One has to be cautious while using emails and websites asking for any financial information, for example, bank account details, etc. People should avoid clicking suspicious links and attachments, review their financial statements and regularly update their anti-virus.

  • 2. Is it possible to hack the webcam of another person??

    Yes, it is possible to hack the webcam of another person. Every time there is an update prompt we are open to cyber attacks. Cyber criminals take advantage of these situations, and they make you use malicious documents or infected websites.

  • 3. What if I'm involved in an online shopping fraud?

    You have to gather all the documents related to the fraud committed and file the crime at the cyber cell.

  • 4. What to do is you are being stalked?

    If someone repeatedly attempting to contact or harasses you online, then such a person has committed the offence of cyber stalking. The victim should report such a crime with the cyber crime cell. Imprisonment prescribed for stalking is of three years for the first conviction and five years for a second or subsequent conviction.

    Sections associated with cyber stalking

    Section 66A and 72of the IT Act, 2000

    Section 292, 345D, 509 of IPC, 1860

  • 5. Can cyber crimes be committed against the property?

    Cyber crime can be committed against all form of property which includes unauthorized computer trespassing and possession of unauthorized information.

  • 6. Which cyber crimes are against the government?

    Cyber terrorism is one of the examples of cybercrime against the government. Many a times, we have seen that individuals and groups threaten the governments and terrorize the country. This act results in terrorism when the hacked website is of the government.

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