INTRODUCTION:

Cyber-crime is an evil having its origin in the growing dependence on computer in modern life. This crime is different from conventional crime. The abuse of computer has also given birth to gamut of new age crime that are adduced by IT Act,2000. It is not suitable to define the Cyber-crime as “act that are punishable by IT Act, 2000” because it also cover Indian Penal Crime. We can say that cyber-crime would be “unlawful act wherein the computer is either a tool or a target or both.” A computer crime defined by the U S department of Justice’s “As an illegal act requiring knowledge of computer Technology for its perpetration, investigation or prosecution”. However, the definition is not exhaustive as there are many acts, which can be called abusive activities concerning the computer but they are often not clearly illegal. Moreover, most of the cyber-crimes are committed via internet but the definition has no reference to it. Cyber-crimes can be plainly define as “Crimes directed at a computer or computer system” But the complex nature of cyber-crimes cannot be sufficiently expressed in such simple and limited term.¹ The Organization for Economic Co-operation and Development (OECD) recommended the working definition of cyber-crime “computer related crime is considered as any illegal, unethical or unauthorized behavior relating to the automatic processing and the transmission of data.”²

Evolution of Cyber-crime

The cyber-crime is evolved from Morris Worm to the ransomware. Many countries including India are working to stop such crimes or attacks, but these attacks are continuously changing and affecting our nation.

Evolution of Cyber-crime

Years Types of Attacks

1997 Cyber-crimes and viruses initiated, that includes Morris Code worm and other.

2004 Malicious code, Torjan, Advanced worm etc.

2007 Identifying thief, Phishing etc.

2010 DNS Attack, Rise of Botnets, SQL attacks etc

2013 Social Engineering, DOS Attack, BotNets, Malicious Emails, Ransomware attack etc. Present Banking

Malware, Keylogger, Bitcoin wallet, Phone hijacking, Anroid hack, Cyber warfare etc.³

Concept of Cyber-crime and Cyber security:

Cyber-crime refers to the series of organized crime attacking both cyber space and cyber security. Cyber-crime refers to criminal activity done using computers and the Internet. It also involves illegal access (unauthorized access, transmissions of computer data, to, from or within a computer system. Cybercrime also includes non-monetary offenses, such as creating and distributing viruses on other computers or posting confidential business information on the Internet. Perhaps the most prominent form of cybercrime is identity theft, in which criminals use the internet to steal personal information from other users.

Cyber-security is the body of technology, processes and practices designed to protect networks, computers, programs and data from attacks, damage, or authorized access. In the computing or cyber context, the word security simply implies Cyber-security. Cyber security is the collection of tools, policies, security concepts, security safeguards, guidelines, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and users assets. Cyber-security is the body of rules put in place for the protection of the cyber space. But as we become more dependent on cyberspace, we undoubtedly face new risk. Sophisticated cyber criminals and nation-states, among others, present risks to our economy and national security. ⁴

The Information Technology Act of India, 2000:

According to Wikipedia “The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an act of the Indian Parliament (no 21 of 2000), it was notified on17th October 2000. It is the most important law in India that deals with the digital crimes or cyber-crimes and electronic commerce. It is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997”.⁵

Scheme of I.T Act:

The following points define the scheme of the I.T. Act −

• The I.T. Act contains 13 chapters and 90 sections.

• The last four sections namely sections 91 to 94 in the I.T. Act 2000 deals with the amendments to the Indian Penal Code 1860, The Indian Evidence Act 1872, The Bankers’ Books Evidence Act 1891 and the Reserve Bank of India Act 1934 were deleted. It commences with Preliminary aspect in Chapter 1, which deals with the short, title, extent, commencement and application of the Act in Section 1. Section 2 provides Definition. Chapter 2 deals with the authentication of electronic records, digital signatures, electronic signatures, etc.

• Chapter 11 deals with offences and penalties. A series of offences have been provided along with punishment in this part of The Act. Thereafter the provisions about due diligence, role of intermediaries and some miscellaneous provisions are been stated. The Act is embedded with two schedules. The First Schedule deals with Documents or Transactions to which the Act shall not apply. The Second Schedule deals with electronic signature or electronic authentication technique and procedure. The Third and Fourth Schedule are omitted.

Different types of cybercrimes and related terminologies:

1. Anonymizer - It is a device which hides a person’s activity online and makes it untraceable.

2. ARP Cache poisoning/ Packet sniffing/ Phishing and spoofing attacks - This allows a person to intercept data (Password, credit card details etc.) being used by the victim.

3. Backdoor - Programs that are installed allowing access to security mechanisms

4. Backscatter - This occurs due to email scam or viruses

5. Blues- Bluebugging, bluejacking and bluesnarfing - These occur mainly via Bluetooth devices.

6. Buffer overflow/ Data Leakage -This results in leakage or loss of important security codes due to overfilling of temporary storages

7. Bullying in cyber space/ Cyber stalking/Defamation - Here internet and other related devices are used to bully people eg: hate speeches, personal remarks, humiliate or embarrass someone

8. Computer trespass/Data diddling - Unauthorized accessing of someone’s computer and deleting, damaging or altering the data in it. Frequently occurring in bank rolls, school transcripts etc.

9. Cookie manipulation - The hacker can use the cookies you have permitted for his own benefit.

10. Copyright infringement - According to FBI this is called stealing of Intellectual Property Right. It may be illegal download of music, movies and software’s which is liable to penalty.

11. Crap-flooding - This is a way of flooding repeatedly inappropriate posts making it difficult for the reader to access wanted posts.

12. Cyber Terrorism/ Hactivism - This is premediated use of disruptive activities, or the threat thereof, in cyber space, with the intention to further social, ideological, religious, political or similar objectives or to intimidate any person in furtherance of such objectives.

13. Cyber warfare/ Fire sale - This is a method of using computers and systems to conduct warfare in cyber space. Attack on a country’s financial, telecommunication, transport system and utilities infrastructure systems.

14. Google based hacking - Google search engine is used here to obtain sensitive and personal information of a person which is otherwise not available through regular searches.

15. Griefers - A type of game which causes annoyance to the player

16. Grooming /Pornography - An individual befriends a young child/adult online for sexual abuse and exploitation.

17. Pod slurping - Using I pods, USB sticks, flash drives etc. to steal data

18. Social Engineering - This is a method of psychologically manipulating the victim in a way to commit crime or to leak out sensitive information or to act as per the hackers wish. This method is usually used during election canvasing.

19. Virus attack / Worm - Human program that interrupts functioning of computer.

20. Web defacement- Changing original home page with that of the hackers.

21. Vishing Wire trapping/Zeus Trojan - Used in relation to banks where the customer gets voice calls and then is cheated for money.

22. Zero day attack - Zero-day attacks are used by attackers before the developer of the target software knows about the vulnerability. Since the vulnerability isn't known in advance, there is no way to guard against the exploit before it happens.

Cyber-crime and Offences under Indian Penal Code:

(i)	Sending threatening messages by email	503 IPC
(ii)	Sending defamatory messages by email	499 IPC
(iii)	Forgery of electronic records	463 IPC
(iv)	Bogus websites, cyber frauds	420 IPC
(v)	Email spoofing Section	463 IPC
(vi)	Web-jacking Section	383 IPC
(vii)	E-Mail Abuse Section	500 IPC
(viii)	Online sale of Drugs	NDPS Act
(ix)	Online sale of Arms	Arms Act
(x)	Pornographic Section	292 IPC

Other laws relating to cyber-crime in India:

1. National Cyber Security Policy -

The main objective of the policy is to create a secure cyber ecosystem in the country, generate adequate trust & confidence in IT systems and transactions in cyberspace and thereby enhance adoption of IT in all sectors of the economy, create an assurance framework for design of security policies and for promotion and enabling actions for compliance to global security standards and best practices by way of conformity assessment (product, process, technology & people) and also to strengthen the Regulatory framework for ensuring a Secure Cyberspace ecosystem.

2. Cyber Swachhta Kendra:

The Cyber Swachhta Kendra is an initiative taken up by the Government of India to create a secure cyberspace by detecting botnet infections and to enable cleaning and securing systems of users so as to prevent further infections. This policy is set up in accordance with the objectives of the ‘National Cyber Security Policy’. The policy operates in close coordination with various internet service providers and antivirus companies to notify the users regarding the bot infection in their computer and also provides them assistance to clean their systems. The policy also aims to provide awareness regarding botnet, malware infections and measures to be taken to prevent malware infection.

Apart from The Information Technology Act 2000 and Indian Penal Code 1860, there are various other laws relating to cyber-crime in India. They are as following.

1. Common Law (governed by general principles of law)

2. The Bankers’ Book Evidence Act, 1891

3. The Reserve Bank of India Act, 1934

4. The Information Technology (Amendment) Act, 2008 and 2009

5. The Information Technology (Removal of difficulties) Order, 2002

6. The Information Technology (Certifying Authorities) Rules, 2000

7. The Information Technology (Certifying Authorities) Regulations, 2001

8. The Information Technology (Securities Procedure) Rules, 2004

9. Various laws relating to IPRs.

CONCLUSION:

There are various laws enacted by the legislative body of the country but still the control the cyber-crime is now become the toughfest task for the government. Also there is technical process is lacking in Indian legal system, therefore though the substantive criminal law is sufficient, but due to lacking in procedural aspect its unable to execute it in India. The basic problem in the cyber-crime is that, there is specific manner by which the internet can be misuse; it is on the criminals, that they always misuse it in different manner, therefore it is not possible to the legal system to meet with the need. Apart from this, the nature of cyber-crime is transnational, therefore it required the international co-operation. Mere making laws is not sufficient, cyber law cannot work without the international co-operation. The Information Technology Act 2000 and all the related laws having provision regarding the transnational jurisdiction, but execution is possible when all countries in the world recognized that act as a crime, and allow the proceeding on that aspect.

REFERENCES:

1. http://deity.gov.in/sites/upload_files/dit/files/downloads/ita ct2000/itbill2000.pdf

2. Cybercrime: Talat Fatima, (2011) Eastern Book Company, Lucknow. Page 89.

3. http://www.ijarcsse.com/docs/papers/Volume_3/5_may2013/V3I5-0374.pdf

4. http://www.ijcsmc.com/docs/papers/Volume_6/November2017/V6I11201734.pdf

5. http://en.wikipedia.org/wiki/Information_Technology_Act_2000Reference

Received on 22.05.2020 Accepted on 21.06.2020

Research J. Engineering and Tech. 2020;11(2):41-44.

DOI: 10.5958/2321-581X.2020.00007.0