Introduction
The digital evolution in India has changed the way we live, work, and interact with people around the globe. In today’s time, it is not a difficult task to connect with people globally while sitting in your own room.
India has over 850 million internet users, resulting in more people exposed to cybercrimes and cyberattacks. The digital access in the country has made the people more vulnerable to these cybercrimes. From small business owners to working professionals and children, people are becoming victims of cybercrimes and cyberbullying.
The main aim of cybercrime Laws is to protect such individuals and companies who become victims of cybercrimes. So, if you or anyone you know is a victim of cybercrime and needs assistance, contact our cyber crime lawyers at Prime Legal who specialize in dealing with offences committed digitally.
What Is Cybercrime?
Cybercrimes are criminal activities that take place digitally via computer networks or internet services. Cybercrimes are often aimed at stealing data from the computer device using the network or the internet, and disrupting the entire system. The main motive behind committing a cybercrime is to commit fraud, steal money or important data, or forge documents.
The following are a few examples of cybercrimes:
- Hacking: It is basically delving into another person’s computer and collecting data using some pirated websites.
- Identity theft: Under this, personal data is stolen and misused by the person committing the theft.
- Online fraud: Fraud related to money or fake online transactions.
- Cyberbullying: It involves sending threats through emails, messages, or social media.
Key Cybercrime Laws in India
In India, cybercrime is dealt with under two laws- the Information Technology Act, 2000, and the Indian Penal Code, 1860.
1. The Information Technology Act, 2000:
It is a specialized legislation that particularly deals with cybercrimes. It provides a backbone to the already existing laws of the country. It particularly deals with the frauds that are committed using the new technology, digital signatures, and data protection. The following sections from the act are important as they deal with cybercrimes and cyberbullying:
i) Section 66: This section states that any person who secures, downloads, damages, or disrupts the data collected from another person’s system with the intent to harm such person shall be imprisoned for a term up to three years or a fine of up to Rs. 5 lakhs or with both.
ii) Section 66C: This section states that any person who is fraudulently misusing the electronic signature or password shall be punished with imprisonment of up to three years or a fine of up to Rs. 1 lakh.
iii) Section 66D: This section states that whoever cheats another person by impersonating themselves to be someone else shall be held liable.
iv) Section 67: This section provides punishment for publishing or transmitting obscene content electronically.
2. Indian Penal Code, 1860:
With the evolution of technology, many crimes have taken the form of cybercrimes. These crimes were generally used to be committed physically, but in the last few decades, these offences have taken a digital form.
i) Section 420: Cheating in the form of scamming is very common in the current times.
ii) Section 465: The hacker forges certain important documents and creates fake documents. (Offense of forgery)
iii) Section 378: Hackers often use pirated websites and apps to commit the offense of theft and collect crucial data, which can also be used against the person from whose computer system the data was collected.
For a better understanding of the laws, one must know how the legal action against cybercrimes in India takes place.
Types of Cybercrimes Covered Under Indian Laws
The Indian laws, including the IT Act and the IPC, cover various types of cybercrimes that are being committed. Below are a few major cybercrime offences that are dealt with by the Indian laws:
1. Hacking:
It is the unauthorized access to the computer system, which is covered under section 66 of the IT Act.
2. Identity theft and cyber fraud:
Sections 66C and 66D cover offences of identity theft and cyber fraud. The person committing the offense uses the electronic signatures of someone else or commits money fraud.
3. Cyberbullying and Defamation:
Victims are sent random messages defaming them, and also, offensive and abusive messages are posted online to defame an individual.
4. Child pornography and related offences:
Section 67B of the IT Act prohibits the creation, storage, and sharing of sexual content that abuses children.
How to Report Cybercrime in India
Here’s a step-by-step procedure on how to report cybercrime offences in India:
Step 1: Collecting the evidence
The first step is to collect the evidence, such as images, screenshots, URLs, or any digital receipt.
Step 2: Filing of the complaint
The victim can either file the complaint by visiting the police station or can also file an online complaint. Visit the National Cyber Crime Reporting Portal and file your complaint.
Step 3: Attach the relevant documents
Attach all the evidence collected, and your ID proof. Also, explain the incident in detail.
Step 4: Download a copy of the complaint
After filing the complaint, download a copy of the complaint from the portal.
If you have any queries or doubts, seek legal guidance when facing criminal charges online to ensure you are safe and your rights are protected.
Cybercrime Investigation and Enforcement in India
It is a coordinated effort by the specialized agencies and the law enforcement in India to investigate cybercrime offences committed in the country. The procedure to investigate begins with the complaint being filed by the complainant or the victim. The following are the key enforcement bodies responsible for the investigation of cybercrime activities:
1. Cyber Crime Cells:
There exist cybercrime cells in every state and in major cities of the country. There are trained personnel who handle cybercrime cases reported in that area.
2. CERT-In (Computer Emergency Response Team- India):
It is a national agency that monitors threats and responds to cybersecurity threats at the national level. This team deals with large-scale threats at the national level.
3. Central Bureau of Investigation (CBI) Cyber Crime Division:
This division of the CBI handled high-profile cybercrime cases. They used an advanced digital ecosystem to detect cyber threats and collaborate with other agencies to investigate cybercrime cases.
The investigation process faces various challenges. Some of them are as follows:
- Rapidly growing technology: With the revolution of technology, the legal system struggles to detect cybercriminals. The enforcement system lacks technology to detect cyber threats.
- Forensic limitations: Many investigation units lack digital forensic mechanisms to detect cyberattacks. The infrastructure required for detecting such threats is expensive.
- Anonymous perpetrators: The perpetrators use algorithms that keep their identity anonymous, which makes it difficult for the agencies to track down the perpetrators.
For better understanding, one should know their rights. Always know your rights during a criminal investigation to protect yourself from misleading information.
How to Protect Yourself from Cybercrimes
A person can protect themselves from cyberattacks if they follow the below-mentioned safety tips:
- Use passwords that are strong, and never tell anyone what is your password.
- Never click on suspicious links or websites.
- Always use two-factor authentication for emails or banking apps.
- Do not connect local or public wi-fi systems.
Here are a few legal safeguard measures:
- Although there is no comprehensive law for data protection, the IT Act and the IPC are responsible for governing any cybercrime and cyberattacks.
- The judgment in the case of K.S. Puttaswamy vs. UOI provides a fundamental right to privacy and protects citizens when there is a breach of data.
Penalties for Cybercrimes in India
Cybercrime is not a trivial offense, and it cannot be left unnoticed. One should always report cybercrimes for the protection of data and future safety. The IT Act, 2000 provides the following punishments:
1. Section 66:
This section provides for punishment when someone commits the offense of hacking with imprisonment of up to three years, or with a fine of up to Rs. 5 lakhs, or with both.
2. Section 66C:
This section provides for punishment when someone commits the offense of identity theft with imprisonment of up to three years, or with a fine of up to Rs. 1 lac.
3. Section 66D:
This section provides for punishment when someone commits the offense of online impersonation with imprisonment of up to three years, or with a fine of up to Rs. 1 lac.
4. Section 67:
This section provides for punishment when someone commits the offense of sharing, storing, or making obscene content with imprisonment of up to three years, or with a fine of up to Rs. 5 lakhs, or with both.
How a Criminal Lawyer Can Help in Cybercrime Cases
With the evolution of technology, cybercrime cases and cyberattacks are rapidly growing. If you are a victim or someone you know is exposed to these cyberattacks or cybercrimes, consulting a criminal lawyer can make a difference. A criminal lawyer can play a major role in the following ways:
- A lawyer will tell you about your rights in this situation.
- A lawyer will help you to file a legal complaint.
- A lawyer will assist you in the collection of evidence and in preserving it.
- A lawyer will represent you in court for further investigation processes.
If you are unsure where to start, know how Prime Legal criminal lawyers can help with cybercrime defense. The expert consultation will go a long way.
Conclusion
The dependency of people on internet services has increased the cybercrime and cyberattacks in India. One should know about their rights and duties if they become victims of these cybercrimes. The cybercrime laws in India are still in the growing phase, but the IT Act, 2000, and the IPC, 1860 are there to protect the victims of cybercrime and cyberattacks.
As a responsible citizen of the country, one should be aware of the safeguards, laws, and other policies related to cybercrime and cyberattacks. To learn more, don’t hesitate to contact Prime Legal for expert legal assistance.
