Cybercrime can be defined generally as any crime that is committed with a computer, digital device, or network as the tool, target, or medium of commission. Cybercrime encompasses a broad range of illegal activity such as hacking, phishing, internet fraud, identity theft, cyberstalking, data breaches and much more. The anonymity of mobile and internet access combined with poor digital literacy skills can make both individuals and organizations more vulnerable to being victimized by these types of offences.
Understanding cybercrime is critical to protecting yourself, but also required for compliance with the Information Technology Act, 2000 (IT Act) and applicable provisions of the Indian Penal Code (IPC) that create criminal individual liability for conduct on the internet. If you are a victim of hacking, online fraud, or even defamation, you will take the next step by speaking with a cybercrime lawyers who practices in the area of digital offences.
Definition of Cyber Crime
Cybercrime is, in simple terms, an illegal act that utilizes computers, the internet, or digital networks to commit upon a user. Crimes can involve stealing personal or financial information, distributing malware, impersonating someone online, or disrupting computer networks. Unlike an alleged crime, cybercrime is committed online, which makes it difficult to detect and follow.
Individuals may be victimized through identity theft, online bullying, and scams. Businesses may be subject to a data breach, ransomware, and theft of intellectual property, resulting in the possible loss of millions of dollars in a short time, as well as reputational loss.With the explosion of e-commerce and the use of banking and appointments scheduled online, the opportunities for criminals to exploit an unsuspecting user have exploded. Understanding online frauds, scams, and learning how to protect your digital footprint is essential for all internet users.
Importance of Understanding Cyber Crime in India
Increasing Internet Usage: India’s rapid digital transformation has increased its internet user base to over 800 million, expanding opportunities for malicious cybercriminals. Increasing Cyber Threats: With the increase in online activities are new channels for cyber threats to take form, including more phishing, ransomware, and data-breach strategies.
Financial Impact: Victims often suffer financial loss related to an online fraud, whether it is hacking into a bank account, or ransomware specifying a demand for payment.
Damaged Reputation:If sensitive personal information belonging to individuals or corporate clients is leaked or misused, trust, embarrassment, and defamation can result.
Legal Ramifications of Security Breaches: Depending on the seriousness of the breach, businesses can be subject to governmental sanctions and legal action under the Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023.
Importance of Awareness and Preparedness: Being aware of cybercrime will inform users where the risks are, which helps inform better security practices in the digital space, and act if the user is compromised.
Types of Cyber Crimes in India
Crimes committed online in India can be classified into multiple types relating to the nature of the crime and its impact on people, businesses or government entities. The text has been compiled below to indicate the different variations of crimes, and include some examples:
1) Theft-based Cyber crimes:
Theft-based cyber crimes are crimes that are specific to stealing either money or financial information through fraudulent practices on the internet.They take the form of fraud against persons and/or banks through various Internet postings, broken links, fraudulent applications or malware.
Common Types:
- Fraudulent emails and/or fraudulent banking websites
- UPI or digital wallet frauds
- Credit card skimming
- Fraudulent online investments or Ponzi schemes
Example:
A person receives an SMS stating it is from their bank to “verify their account” and the receiver inputs their username and/or password onto a bogus link to the web page, resulting in the person losing their funds.
2) Cyber Bullying and Harassment
Cyber Bullying refers to the activity of intimidation, embarrassment or harassment that takes place over the internet or using social media to harass or stalk someone. This type historical activity can have significant negative effects on the mental and emotional state of any victim, and can have a large effect on children.
Common Types:
- Online stalking, and/or impersonation
- Distributing revenge porn or private pictures
- Hate speech or trolling on Internet or social media platforms
Example:
People are repeatedly harassed on various social media platforms by a person they may know who has created a fictitious account or is sending harmful messages to the potential victim. For more information on how to protect children from this type of threat, read information on child safety.
3) Identity Theft and Data Breaches
Identity theft takes place when a person’s personal information—Aadhaar, PAN, or bank information— is taken and used to commit fraud or impersonation.
Common Types:
- SIM swap scams
- Fake KYC updates
- Customer database breach by companies
Example:
Criminals obtain a duplicate SIM card of the victim’s bank account and use OTPs to illegally transfer money.
4) Online Defamation and Extortion
These offences include reputational damage to a person or extorting victims by means of fake information or otherwise using threats. These crimes may also include cyber-extortion, often involving a form of ransomware.
Common Types:
- Posting fake news/edit images
- Disseminating malicious information
- Threatening to leak private data for ransom
Example:
A hacker encrypts a company’s confidential files and demands to be paid in cryptocurrency to give back access.
5) Cyber Terrorism and Hacking
Cyber terrorism is any attack to deter, intimidate or disrupt efforts designed to protect national security, governmental enterprises, or critical infrastructure. Hacking is regularly used to gain access to or to manipulate sensitive information.
Common Types:
- Defacing government/some official websites
- Gaining access to energy or defense sector computers and networks
- Malware attacks on publicly available databases
Example:
Hackers occupying a government website and altering it to share political propaganda or misinformation. For a deeper understanding of legal ramifications, read cyber laws in India to see how such offences are penalized under the Information Technology Act, 2000 and associated laws.
Examples of Real-Life Cybercrime Cases in India
a) Cyber Attack on Cosmos Bank (2018)
One of the biggest coordinated cyber robberies in India’s history, in which hackers compromised the bank’s server and conducted fraudulent international transactions to the tune of over ₹94 crore, using cloned debit cards.Lesson Learned:
Regular security reviews, ongoing monitoring of networks, and multi-factor authentication are essential for preventing major breaches in banking institutions.
b) Aadhaar Data Breach (2018)
An enormous data breach that allegedly exposed personal details of millions of Indian citizens enrolled in the Aadhaar system, with reports indicating that attackers were selling that data online for a pittance.Lesson Learned:
Organizations that hold public data must be aware of and comply with data protection standards dictated by the Digital Personal Data Protection Act, 2023, including encrypting sensitive data and controlling access to sensitive databases.
c) WannaCry Ransomware Incident (2017)
A global ransomware infection that impacted a lot of systems in India, including in the banking and healthcare sector, where the user was locked out of their information and data until they paid a ransom in the form of Bitcoin.
Legal framework regulating cyber crime in India
a) The Information Technology (IT) Act, 2000
The IT Act, 2000 is the most prominent legislation in India that governs cyber-space and electronic governance.. In general, Sections 43 and 66 deal with hacking and data theft and Sections 66C and 66D specifically addresses identity theft and impersonation. Section 67 prohibits the publishing of obscene material online and Sections 69 and 70B confers powers to the government to survey and monitor networks with respect to critical infrastructure security through CERT-In.
b) IPC Provisions
While the IT Act addresses most cyber offences, various provisions of IPC may also apply for crimes that are connected to fraud, defamation, and harassment whilst using electronic mediums. IPC Sections, for example, 379 and 420 address the offences of theft and cheating by digital means, and IPC Sections, 468 and 469 address offences of forgery and injury to reputation also using electronic mediums. IPC Sections, 500 and 509 address defamation and harassment using electronic mediums too, so that a substantive charge or degree of/around the offence can be determined if it overlaps with the crime of defamation or the offence of harassment.
c) Function of Police and Courts
Cyber Crime Cells in India conduct inquiries into cyber activities, gather electronic evidence, and liaise with internet service providers. CERT-In additionally plays a leading part in dealing with incidents and in the broad area of national cybersecurity. Civil offences relating to the IT Act are adjudicated by adjudication officers or the Cyber Appellate Authority, while criminal matters are subject to the jurisdiction of regular courts. The judiciary has sustained the robust development of digital rights and privacy through landmark decisions, and there is a general training standard for police and judiciary training to appropriately deal with matters of complex digital cyber evidence.
What to Do If You Are a Victim of Cyber Crime
- Obtain and save evidence: Ensure that you are saving all screenshots, emails, chat logs, and transaction records in a non-edited/non-deleted fashion.
- Report the crime: Fill out the information related to the incident on the National Cyber Crime Report Portal.
- Go to a cyber police station after making a report of a crime: If the crime that happened online was serious (e.g., financial fraud, cyber-stalking, online harassment, etc.), then as soon as possible visit your local cyber police station for assistance.
- Consult a solicitor: Consult a solicitor to find out what rights you may have and any potential legal remedies by a lawyer experienced in cyber law.
- Stay vigilant: Following an incident check to see if there was any unusual activity involving funds, or accounts, and change passwords.
For information on reporting online offences please refer to our guide to filing a cybercrime complaint online.
How to Protect Yourself Against Cyber Crimes
Practicing good digital hygiene is important to remain safe online. Create strong passwords, then enable two-factor authentication (2FA) on all important accounts. Never click on strange links or download attachments from unknown parties. It is important to regularly update software and use trustworthy antivirus programs to protect against malware or phishing attacks.
Conclusion
Cyber awareness is the initial step for being safe online. People and organizations need to be aware of common cyber threats and take steps to protect their data and essential privacy. Victims should never think twice to report a cybercrime immediately and obtain the best legal help possible to ensure some kind of resolution. At Prime Legal, our experienced cyber crime lawyers in Bangalore provide the right legal guidance and support to achieve justice. Building digital awareness and acting quickly can help create a safer cyber environment.
FAQs
1. What is cyber crime and its types?
Cyber crime refers to any illegal conduct that occurs with the assistance of computers, networks, or digital devices. Examples of cyber crime can encompass acts such as hacking, identity theft, online fraud, and cyber bullying. Major classifications of cyber crime include financial crime, data theft, cyber bullying, online defamation, and cyber terrorism.
2. What is the most common type of cybercrime?
Financial fraud is the most common cybercrime, with an emphasis placed on phishing schemes and online payment scams. These crimes involve getting the victim to share either banking information, OTPs or passwords in order to steal their money via a false link, UPI request or a fraudulent website.
3. What are the 4 types of cyber threats?
Common cyber threats fall into four basic categories:
- Software threats or Malware: Programs such as viruses, ransomware, or spyware which are intended to damage or steal information.
- Permission scams or Phishing: Emails or online posts that impersonate legitimate communications, with the intention of fooling users into providing usernames and passwords, or downloading malware.
- System overload threats or Denial-of-Service (DoS) attacks: Which overloads a specific system or overall network, making it unavailable to end users.
- Interception threats or Man-in-the-middle (MitM) attack: Intercept communications between two parties, with the intent
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