| As cyber crime knows no geographical boundary, the | | | | salami attacks (making insignificant changes which go |
| absence of international cooperation between police | | | | unnoticed by the victim), net extortion, pornography |
| forces adds to the woes of victims and lets the culprit | | | | (transmitting lascivious material), software piracy (illegal |
| go scot free, he said. However this case made the | | | | copying of the genuine software / programs), email |
| police infamous as to their lack of understanding of the | | | | bombing, virus dissemination (sending malicious |
| nature of cyber crime. | | | | software which attaches itself to other software), IPR |
| Such crime involves an information technology | | | | theft, identity theft, data theft, etc. |
| infrastructure, including illegal access (unauthorized | | | | Besides, these police stations would also have cyber |
| access), illegal interception (by technical means of | | | | crime labs to maintain all the systems, investigate |
| non-public transmissions of computer data to, from or | | | | hardware and software and to provide all assistance |
| within a computer system), data interference | | | | in collection, processing and analyzing digital evidence. |
| (unauthorized damaging, deletion, deterioration, alteration | | | | "Russia, China and Brazil are world leaders in cyber |
| or suppression of computer data), systems | | | | crime. India is fast emerging as a major hub of cyber |
| interference (interfering with the functioning of a | | | | crime, however our legal system is already in place to |
| computer system by inputting, transmitting, damaging, | | | | tackle this menace of cyber crime and to control it and |
| deleting, deteriorating, altering or suppressing computer | | | | punish the guilty. Cyber Crime, which we may define |
| data), misuse of devices, forgery (ID theft), and | | | | as "an unlawful act wherein the computer is either a |
| electronic fraud. | | | | tool or a target or incidental to the crime", has both civil |
| This article intends to give an overview of Cyber | | | | as well as criminal remedies. |
| Crimes since in e-life (of which we all are a part of) | | | | So let's talk about the remedies available against such |
| conventional crimes like extortion, forgery etc. are | | | | crimes. In India, the offence of Cyber Crime is covered |
| being done with the help of computers; which most of | | | | under Information Technology Act 2000 and under the |
| us are using for online monetary transactions. | | | | Indian Penal Code. |
| In today's e-Age, 'Crime' has extended itself beyond | | | | Cyber Crime Cells have been established by law in |
| physical assault or mental torture; now it also affects | | | | major cities. These Cells function directly under the |
| our e-life. E-Life means our existence & living in the | | | | Commissioner of Police of respective cities. Central |
| cyber world. Every one of us is a part of this cyber | | | | Bureau of Investigation (CBI) already has a cyber |
| world, directly or indirectly, since computers & internet | | | | crime wing operational since 1999. |
| are now an integral part of our personal & professional | | | | The Government has established "The Cyber |
| life. Just like any other invention, Computers & Internet | | | | Regulations Appellate Tribunal" under the Information |
| are a boon to human kind if used in a right way and to | | | | Technology Act, 2000. The Tribunal has the same |
| the advantage of the society. However, as we all | | | | powers as are vested in a Civil Court for requiring the |
| know, everything has its pros and cons and so | | | | discovery and production of documents, receiving |
| computers & internet are not an exception. If we | | | | evidence on affidavits. But the decisions of the Tribunal |
| consider 'Cyber Crime' as virus then it won't be untrue | | | | can be contested by the High Court. The biggest |
| to say this virus is corrupting man's significant | | | | security risk associated with cyber crime is that such |
| development (computers and internet) which is | | | | an attack will cause a business interruption followed by |
| responsible for developing civilized society for men. | | | | the theft of customer and employee data. |
| Cyber Crime is a menace all over the world and is the | | | | Powers of Cyber Crime Cells: |
| one of the most difficult & challenging to detect & | | | | Any police officer, not below the rank of a Deputy |
| investigate. You will find it interesting to note that even | | | | Superintendent of Police, or any other officer of the |
| the official website of the Cyber Crime Investigation | | | | Central Government or a State Government |
| Cell of Crime Branch Mumbai quotes "The invisible | | | | authorised by the Central Government in this behalf |
| criminal is dangerous than the visible one". | | | | may enter any public place and search and arrest |
| You may be wondering why one should know about | | | | without warrant any person found therein who is |
| Cyber Crime? | | | | reasonably suspected or having committed or of |
| Most of us are using internet and computers for online | | | | committing or of being about to commit any offence |
| transactions where we transmit personal information | | | | under this Act. |
| and possibly do monetary transactions. If your personal | | | | Punishment for Cyber Crime: |
| information goes in wrong hands and you become | | | | A person found guilty of cyber crime shall be |
| bankrupt or you start receiving absurd mails or your | | | | punishable with imprisonment for a term which may |
| e-mail account gets flooded with unwanted mails; | | | | extend to three years or with fine or with both. |
| means you have become a victim of Cyber Crime. | | | | Salient features of the Information Technology |
| Cyber Crime has various forms which may include | | | | (Amendment) Act, 2008: |
| hacking (illegal intrusion into a computer system without | | | | Urging general public to cooperate police, Inspector |
| the permission of owner), phishing (pulling out the | | | | Dhami asked cyber caf operators to operate business |
| confidential information from the bank / financial | | | | without violating Nepal Telecom Authority law and |
| institutional account holders by deceptive means), | | | | requested other e-criminals not to commit any cyber |
| spoofing (getting one computer on a network to | | | | crime. |
| pretend to have the identity of another computer in | | | | The term "digital signature" has been replaced with |
| order to gain access to the network), cyber stalking | | | | "electronic signature" to make the Act more |
| (following the victim by sending e-mails or entering the | | | | technology neutral. A new section has been inserted |
| chat rooms frequently), cyber defamation (sending | | | | to define "communication device" to mean cell phones, |
| e-mails to all concerned / posting on website the text | | | | personal digital assistance or combination of both or |
| containing defamatory matters about the victim), | | | | any other device used to communicate, send or |
| threatening (sending threatening e-mails to victim), | | | | transmit any text video, audio or image. |