CHAPTER 3

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HISTORY AND EVOLUTION OF CYBERCRIME
The present context use of the PC(COMPUTER/S SYSTEM) and internet is known to
a large percentage of population. But if we look back to the era of 1940s and 1970s the use
of cowas not common. Only selected persons and the government sector or scientific
department and army department had access to this facility machines.
IBMs introduction of its standalone personal PC(Computer/s System) in 1981.
PC(Computer/s System) begin to enter into the life of the individual. Today it is estimated that
million householders have personal PC(Computer/s System). With the fast internet
development and improvement in the study more and more individuals have begun to use
PC(Computer/s System) as a medium both for positive and also atnegative purpose. This led
to the evolution of PC(COMPUTER/S SYSTEM) Offense/s on a large scale. We look in the
past at glance 1820 was the [Link] in the PC(COMPUTER/S SYSTEM) offense/s wherein
the first such crime took place. In 182.0,Mr. Marie joseph-jaccquard, He was a textile mill
owner located in France, produced the loom. With the fast internet development and
improvement in the study more and more individuals have begun to use PC(Computer/s
System) as a medium both for positive and also atnegative purpose. This led to the evolution
of PC(COMPUTER/S SYSTEM) Offense/s on a large scale. We look in the past at glance 1820
was the benchmark in the PC(COMPUTER/S SYSTEM) offense/s wherein the first such crime
took place. In 1820,Mr. Marrie joseph-jacquard, He was a textile mill owner located in France,
produced the loom

EVOLUTION OF CYBERCRIME
Prior to the turn of the millennium, many large scale cyber Offense/s were
centered on or around one-man operated criminals exploiting the weaknesses in the
PC(COMPUTER/S SYSTEM) operating system or PC(COMPUTER/S SYSTEM) groups of
[Link] most cases these offense were committed by nerds who felt challenged to prove
that they might beat the system. We coined the term hackers for just such a nerd, but rarely was
there a gain element to the criminal behavior. while a great deal of the security risks that
resulted, this one –man band criminal lacked the purpose and intent of traditional criminal
gangs. Hence,cyber crime was infantile and broadly seen as a practical joke or game by those
who committed it. Criminal defense maneuver at this time was largely based on the non real
intentional damage was done and in a large number of cases, the penalty for the crime was to
show how the PC(COMPUTER/S SYSTEM) system entire or partial had been hacked by the

36
hacker. Once we had all got over the very fact that there was no millennium bug in any case
cybercriminal had organized and focused their attention [Link] gangs had
introduced knowledgeable element into cybercrime. No longer were we watching geeky
exploitation of weaknesses in PC(COMPUTER/S SYSTEM) OS and groups of Machinesing
thing had developed to criminal gangs making use of PC(COMPUTER/S SYSTEM) groups of
Machiness to require advantage of the trust of other use of PC(COMPUTER/S SYSTEM)
groups of Machiness for huge financial gain. Hence,cyber crime was infantile and broadly seen
as a practical joke or game by those who committed it. Criminal defense maneuver at this time
was largely based on the non real intentional damage was done and in a large number of cases,
the penalty for the crime was to show how the PC(COMPUTER/S SYSTEM) system entire or
partial had been hacked by the hacker. The internet has changed the topic and subject –matter
of crime and more importantly and mainly its modus operand. the criminal act consisting of all
type of automated machines and the Homasepian hands are only at the starting or ending point.
In age of information, cyberoffense are increasing impetuously and digital storks are changing
the legal landscape worldwide. Legal wherewithal to control cyberoffense was missing from
all the legal systems of world until sporadic and then regional and collective legal responses
started coming up. Though cyberoffense are as old as the first groups of Machines, yet the first
known case that can be characterized as a cybercrime was a brake into telephone system
making long distance telephone [Link] the 2004 can be recalled as the year of dramatic growth
of cyberoffense where the waning influence of the boy hackers keen to make name by writing
fast-spreading virus on window is observed countries firstly tried to book the cyber criminals
under traditional criminal laws but soon the legal activity stared gaining momentum in the
middle of the 1980s when countries like US having dense connectivity and convergence came
up first with cybercrime specific laws. From 1983 to 1985, an ad-hoc committee of the
organization of economic co-operating and development (OECD) discussed the need for
international harmonization of criminal laws with respect to PC(COMPUTER/S SYSTEM)-
related economic crime. After joint deliberations with the working party on information,
PC(Computer/s System) and communication policy (ICCP), a final report was published in
1986. The European committee on crime problems, established in December 1985, published
a report in September 1989 which produced guideline for national legislature on a minimum
list of Offense/s Necessary for uniform criminal policy where eight Offense/s of
PC(COMPUTER/S SYSTEM) misuse were listed. The McConnell international Report says
that until 2000, 52 countries that were surveyed,33 had not updated their laws and only 9 had
enacted legislation to address 5 or fewer types of cybercrime while 10 had updated their laws
37
to prosecute against 6 or more of the 10 types of cybercrime. Lately, the most important
document on the control of cybercrime, namely, the cybercrime convention of 2001 organized
by the council of Europe also urged countries to legislate to control the menace. However, the
UNN Commisssion on Internatiional Trade Law (UNCI.TRA1L) adopted the versatile model
Law on Electronic Commerce in the year of [Link] Model Laws, has been also created
criminal liability for infringement of the provisions of proposed legislation thus requiring
signatory nation to also legislate on the subject of criminal Offense/s.
ROLE OF PC(COMPUTER/S SYSTEM) NETWROK IN CYBER OFFENSE/S:
Cyber Offense/s are PC(COMPUTER/S SYSTEM) and internet generated Offense/s that is
arising every movement which is the cause of worldwide issue. Study and communication
between Homasepian beings cross the world. PC(COMPUTER/S SYSTEM) do not commit
crime but PC(COMPUTER/S SYSTEM) and internet are medium or instrument to committing
Offense/s easily. criminal can commit crime very easily without going one place to another
place of crime. Today’s what is the situations in the whole world once a man who is expert in
hacking or any other Excellency in PC(Computer/s System) they may gain without much effort
.cyber word is derived from cybernetics which is derived from the Greek kubernetes that refers
to a pilot or steersman relevance is the Greek words kubernesis means “THE GIFT OF
GOVER1NANCE” AND APPLIES TO LEADERSHIP’. The groups of Machinesing of
PC(Computer/s System) and the communications phenomenon has change the meaning of use,
there many advantages but as we knows every coined has two side and here study and internet
second side is more dangerous for the world as well as society too. In the broad sense
cybercrime is a offense/s on the internet which includes unauthorized access, cyber stalking,
hacking, spamming, cyber defamation, spoofing, money laundering, phishing ,piracy, salami
Incursions, cyber terrorism, web jacking etc. this type of cyber Offense/s are done with medium
of internet and PC(Computer/s System). So, I want to say that internet and PC(Computer/s
System) is very important part now a days of globalizations but that above mentions Offense/s
are growing due to that so we have to must learn and aware to stop like that type of activity
done by some offenders.

ELEMENTS OF CYBER OFFENSE/S:

The proliferation of PC(Computer/s System) and therefore the wide availability of internet
access to global users have transformed the ways of criminals. In the past, those that feed on
chiildren frequented parks, schools or malls just to ascertain youngsters. These days, however,
offenders only got to turn their PC(Computer/s System) on to see out what kind of images or
38
videos they might find. Then, there is like bullying, which may today not only involves hurting
to someone physically, but also hurts emotionally and mentally. Identity theft, which was
unprecedented several years ago, is now a true and present concern. So, there really are
numerous ways in which criminals have evolved along side modernization.
When you say "crime", what immediately involves mind is any physical act that's done to harm
another person or maybe an animal. What about cyber crime? The scope of cyber crime is far
more complicated. It goes beyond the physical, and lots of are even victims without them
knowing. These are a few characteristics of cyber crime.
1. A cyber crime not required physical contact:-
Anyone, above all chiildren, can become victims of onliine criminals. Here's an example,If a
person has uploaded photos or videos and that can be transformed or edited into something that
is offensive. In other words, opportunistic individuals could use material found on the web to
make graphic images that portray pornography. Any act involving the manufacture, creation or
distribution of such materials is already a criminal offense even without physically touching or
making contact with victims. The scary thing here is that victims aren't eve n aware that they
are already victims.
2. Anonymous doesn't mean safe:-
Because tons of individuals who use the web remain anonymous, they believe that they're
perfectly safe. This isn't necessarily so. So many adult and old age individuals, even chiildren,
are bullied many times, harassed or stalked during onliine surfing. Most of the time, they do
not even take such things seriously believing that anonymity will protect them from any harm.
Anonymity gives an offenders and victims a false or wrong sense of safety and security.
However, any criminal act should be reported or treated seriously so as for people to require
proper action to stop the crime or to prevent a criminal act from escalating into something more
serious.
3. Oftentimes, cyber offense traverse jurisdictional boundaries:-
Even with the high tech PC(COMPUTER/S SYSTEM) systems that authorities posses and
even with the presence of super geniuses who run such systems, it's still challenging for even
the foremost respected of agencies, like the FBI or Interpol, to stay track and to catch cyber
criminals. Cyber criminals only got to have a little PC(COMPUTER/S SYSTEM) reception or
maybe in their offices, also as an onliine connection, so as to harass and stalk others. Their
victims aren't just found locally. These might be people or chiildren from other states or other
countries.

39
4. The web hides criminal or evil intentions :-
It is frightening to notice that numerous seemingly innocent onliine activities cause atrocious
offense. A kidnapper who wants to abduct a toddler can easily disguise himself as a lover or a
concerned adult whilst chatting together with his would-be victim onliine.A person can readily
post pornographic or damaging material on the web to harass, exploit or bully another. Many
things like onliine chatting, messaging, posting,sharing, downloading or uploading and all
other related onliine activities are seems to be harmless. And criminals can perform all such
activities in order to get what they want from victim.
[Link](Human):Chiildren,Women, Youngsters: -
Researcher wants to inform on internet study and its impact on cyber [Link] a days more
Offense/s are belongs to internet study and it is increasing day by day. Criminals are getting
more space for doing such cyber crime because people are using internet study day in and out.
Criminals can easily target a laymen to indulge in cybercrime activity. Main objective is to
spread awareness as well as advantage and dis advantages of internet study and its impact on
cyber crime.
Cyberspace is a heaven of cybercriminal. Constantly developing study has endless benefits for
the people of the growing global village and city. but its dark side of it cannot be avoided.
There are numerous types of cybercrime as above mention. One such offense/s, i.e., cyber
pornography, which includes also child pornography is not defined but in general
interpretation, it refers to cause of sexual excitement. That is also largest and biggest business
threat for society. When we use internet, we cannot avoid the unwanted advertisement and
some time we also member of that unwanted app and sometime internet say like that i.e., it is
only way to the access this app. In that time, we allow and go ahead it may harmful to as. Lack
of knowledge use of internet is also may harmful. Now a day’s literate and unlit rate use internet
and some time they does not know what he and she is done it is challengeable to reduce
[Link] disparities between the rules and regulations of different nation which one
nation considered as illegal or unlawful, may not be considered by the other nation. i.e., some
country where pornography is allowed here the question are also rise who is liable for such
type of internet related crime .In short there are various types of issue and challenges to internet
e bullying is one among the foremost and utmost common in general cyber threat being faced
by adults,chiildren and younge people.
[Link]:-

40
All Homasepian have some same kind of mentality of using study and people are working to
use study without proper knowledge they use internet and PC(COMPUTER/S SYSTEM) as
well as mobile phones. Not even chiildren but adults does not have sufficient idea or knowledge
of using PC(Computer/s System) and they came in to trouble sometimes or get stressed ,like a
person using internet service on laptop or PC(Computer/s System) and if he founds some un
usual ads or info which are tend to link to a mal information or some times
link to a mal information or some times this ads or information are to make people addictive to
use it frequently which are ideally bad as well as may be with full of virus and that can extract
data of main device. Even though people are influenced with this kind of catchy ads or
information’s which are kind of porn related or some onliine chatting or some money making
fake advertisement which attract Homasepian to use and finally catch them in to trouble .Here
Homasepian mentality is comes in picture. People mentality thinks they will find something
erotic and interesting during surfing internet .That may caught then into cyber crime quite some
often.

41
Tims of india
42
JUDGMENT OF CYBER CRIME:

Jaydeep Vrujlal Depani vs State1 Of Gujarat on 27 July, 2018 Bench: Sonia Gokaani

Learned advocate Mr. Ashish Dagli appearing for the petitioner has urged
to this Court that incident is just a tip of iceberg and number of complaints have remained
unattended and unresolved. It is on account of lack of expertise, of those who
are investigating the offense/s, the common man is [Link] also urges that the
Commissioner of Police, Rajkot City himself possesses expertise in Cyber laws, and
he therefore, urges that with more and more use of study of telecommunication groups of
Machines in transferring the funds unless is matched by technical expertise on the part
of investigating officer, cyber offense are bound Tt be on rise, enhancing the difficulty
of common citizens. Learned Public Prosecutor Mr. Mitesh Amin with learned
Additional Public Prosecutor Ms. M.D. Mehta were appeared for the [Link] had
ensured the court to avail all possible facilities to the investigating officer for them to
quickly and efficiently nab the criminals. Learned Public Prosecutor urges that,
Mr. N.N. Zala, Police Inspector, who is heading the Cyber Cell dept, Rajkot City
directly under the supervision of Commissioner of Police, Rajkot City. It is further
urged that, affidavit of Mr. N.N. Zala has already brought on record which clearly
reveals that Cyber Cell unit of Rajkot has been newly set up on 25.06.2018
and the equipments pertaining to investigation of Cyber offense have been issued
to the Commissioner of Police, Rajkot City. The Rajkot Police Commissioner had also
ordered to get collect the andinstallation of Forensic Work Station is likely to take
place very soon. The appointment of necessary manpower to work within the Cyber
Cell, Rajkot, Vadodara and Surat Police Commissioner office and 9 range offices who
are going to look after the same, shall be soon made. Reliance is placed on the
affidavitofthe said officer, particularly in para 3 to 5 which read as underIt is further stated
that the DCP, Ahmedabad City Crime Branch has intimated, the Pyramid Cyber Security
and Forensic Pvt. Ltd., New Delhi to installation of Forensic Work Station vide letter
dated 3rd May, 2018. It is required to be noted thathe DCP, Ahmedabad City has
intimated the Foundation Futuristics Technologies (P) Ltd., New Delhi to make
installation of Forensic Work Station vide letter dated 3rd May, 2018. I say and

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submit that Home Department Government of Gujarat has sanctioned appointment
of necessary manpower to work within the Cyber Cell, Rajkot, Vadodara and
Surat Police Commissioner office and 9 range offices vide order dated 17th May, 2018.
D.G & IGP Gujarat State has issued such details considering the rank of officers to be
deputed to work within the said Cyber Cell with respect tro the letter datred 6th
June, 2018 and accordingly the Commissioner of Police Office Rajkot City has
issued posting orders to police officers and staff form the R/SCR.A/5708/2018
ORDER2 available strength to work within the Cyber Cell Unit vide letter dated
25.06.2018. (Annexed hereto and marked as ANNEXURE¬R. It is further submitted
that the DCP, Ahmedabad City Crime Branch has invited the names of the
officers and staff who would possess the no how to impart training. The Police
Commissioner, Rajkot City has taken initiative and circulate a letter about the
setup of the said Cyber Cell Unit Setup in Rajkot City for Forensic Analysis
of Storage Devices like Pen Drive, USB, Hard Drive, Hard Disk, Mobile Phone etc. from
25th July, 2018. Hence, of necessary steps have been taken to see that Cyber Crime Branch
curved by setup of Cyber Cell Unit in Rajkot City."Having heard both the sides and also having
taken the notice of the fact that, Cyber Cell unit is already established at Rajkot,
let the working of the same be directly under the supervision of the Commissioner
of Police, Rajkot who is said to be having an expertise in investigating Cyber
offense. Cyber offense has been defined in wikipedia is crime that involves a
PC(COMPUTER/S SYSTEM) s and its all types of groups of Machines, "Offense/s that
are certainly committed against an individuals in personal or in a groups of individuals
with a pre determined criminal motive to damage or harm the reputation of a
particular victim or cause physical and/or mental impairment, and/or loss, to the victim
directly or indirectly, using any kind of modern telecommunication groups of Machiness
such as Internet newtworks ,PC(Computer/s System) and mobile phones ". Cybercrime
may threat a person,group or a national security and/or financial health". It is given to
understand that the officers are required to be trained for the purpose of Cyber
crime investigation and that capacity building at the level of Police Inspector and
Police Sub Inspector and also for the officers is likely to take place as per the resolution of the
Home Department dated 17.05.2018. By the time, the officers above that rank
are qualified and the Cyber Cell gets fully equipped with study and manpower,

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the first information report which have been already lodged in connection the illegal
transfer of fund with the help of net¬ banking and such other cyber offense,let the
investigation shall continue, under the guidance and supervision of the Commissioner
of Police himself. If necessary, the Commissioner of Police shall engage the Cyber
expert from the private agencies till his own officers through the capacity building
training through various modes including visuals, practical training, seminars,
workshops and other educational methods is accomplished. All the investigation relating to
Cyber crime and such kind of transfer be placed under the Cyber Cell which is
being newly established without further loss of [Link] this matter appear before this court,
to appraise about the progress made in this regard on August 24, 2018.

Shaileshbhai Babulal Bhatt vs3 State Of Gujarat on 1 July, 2019

1. By way of the present application under U/S 438 of the Code of Criminal Procedure, 1973,
the applicant−accused has prayed for anticipatory bail in connection with the FIR being C.R.
No. I-3/2018 registered with CID Crime Police Station, Surat for the offenses condemned under
U/Ss 364(A), 365, 384, 387, 343, 323, 504, 506(2), 170, 193, 201 and 120 B of the Indian Penal
Code and under U/S 25{1}A of the Indian Arms Act4.
2. The gist of the FIR is that, The accused named in the FIR have hatched conspiracy and to
accomplish it, they have abducted the victims, Piyush Savaliya and Dhaval
{R/[Link]/7607/2019 ORDER} Mavani and illegally detained them for three days and
threatened them by identifying themselves as officers of the IT Department and on the point of
fire arms, 2256 bit coins worth of Rs.131,07,36,000/− has been transferred in black chain wallet
of Shailesh Bhatt; 11,000 lite coins worth of Rs.9,64,00,000/− have been transferred in the
banance wallet of Kirit Paladiya and obtained cash amount of Rs.14,50,00,000/− from
Angadiya and thereby the accused have committed alleged Offense/s.
3. Heard learned Senior Counsel, Shri N.D. Nanavati assisted by learned advocate, Mr. R.H.
Rupareliya for the applicant and learned Public Prosecutor, Mr. Mitesh Amin for the
respondent - State.
4. Learned advocate for the applicant has mainly contended that the applicant is falsely
implicated in the FIR in question. It is submitted that the Deputy Superintendent of Police has
filed an FIR being C.R. No.I−2/2018 against the Police Officers at the instance of the present

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applicant and in the said FIR, the Superintendent of Police is also implicated and, therefore
with a view to pressurize the applicant, FIR in question is R/[Link]/7607/2019 ORDER filed.
He, therefore, urged that the applicant be released on anticipatory bail.
5. Learned advocate would thereafter submit that the investigating agency has recorded the
statement of one Vinubhai Savaliya i.e. the father of a person (Piyush Vinubhai Savaliya), who
was alleged to have been kidnapped. Learned advocate has referred to the said statement, which
was recorded on 26.05.2018 and after referring to the same, it is contended that Piyush
Vinubhai Savaliya was not kidnapped as alleged in the FIR. At this stage, learned advocate has
also referred to the affidavit dated 05.05.2018 signed by said Piyush Vinubhai Savaliya and,
thereafter, submitted that the said person was not abducted as alleged.

6. Learned advocate further submits that the inquiry was conducted on the basis of alleged
application dated 07.02.2018 given by said Piyush Savaliya, however, the said application is
not signed by him and, therefore, the statement of said Piyush Savaliya recorded on 19.05.2018
may not be believed by this Court.
7. Learned advocate at this stage submitted that all other co−accused are released on regular
bail R/[Link]/7607/2019 ORDER5 either by this Court or by the concerned Sessions Court.
Learned advocate has referred to said orders, which are produced on record. He, therefore,
urged that in the facts of the present case, custodial interrogation of the applicant is not required
and, therefore, this Court may release the applicant on anticipatory bail. He has also contended
that warrant under U/S 70 of the Criminal Procedure Code, 1973 has not been issued against
the applicant and, therefore, it cannot be said that the applicant is an absconder.
On the other hand, learned Public Prosecutor, Mr. Amin has vehemently opposed this
application and submitted that FIR in question relates to kidnapping of Piyush Savaliya and
Dhaval Mavani and both these persons were kidnapped and illegally detained for the purpose
of extorting ransom in the nature of extorting bit coins and cash from the said victims. It is
contended that during the course of investigation, it is revealed that after the victims were
kidnapped and illegally detained, 2091 bit coins were forcefully extorted from them, which
was subsequently transferred in the account (block chain wallet) of R/[Link]/7607/2019
ORDER the applicant a
nd the said aspect is supported by technical report given by the Technical Adviser CID Crime,
Cyber Cell. At this stage, it is submitted that the co−accused, Kirit Paladiya has also received

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through the applicant during the same period of offense/s in his binance wallet 11000 lite coins
(another virtual currency) and the said lite coins were converted into 166 bit coins by
co−accused. It is further submitted that on 02.02.2018, as per the statement of the witness,
Anilbhai Dahyabhai Patel, who works in Angadiya firm viz., "P Umesh Angadiya",
Mahidharpura, Surat, the applicant has received sum of Rs.14.50 crores in the name of one
P.D. Jadeja (fictitious entity) and, thereafter upto 05.02.2018, another sum of approximately
Rs.19.00 crores were also received in the same name from the same account and on the
instruction of the applicant, an amount of Rs.10.00 crores are paid to the co−accused, Hitesh
Jotasana. It isfurther revealed during the course of investigation that from the same account, on
the instruction of the applicant, huge amount is transferred to other branches of same Angadiya
firm situated at Jamangar, Rajkot, R/[Link]/7607/2019 ORDER6 Vadodara and Ahmedabad.
Learned Public Prosecutor would thereafter submit that the investigating agency has also
collected various receipt/ diary substantiating the aforesaid transactions. It is also the case of
the investigating agency that substantial amount credited in the account of the applicant during
the period in question is deposited by witness, Suresh Gorasiya, who is a person working for
the victim, Dhaval Mavani. Thus there is sufficient material collected during the course of
investigation against the applicant. The statement of another witness, Shailesh Patel, who
works with the firm viz., "P Vijay Angadiya", Surat is also recorded.
9. Learned Public Prosecution also submitted that it is also revealed during the course of
investigation that during the period between 01.02.2018 and 04.02.2018, the applicant
transferred in all 260 bit coins in the wallet of the co−accused, Nikunj Bhatt. Similarly, 603 bit
coins were transferred in the wallet of co− accused, Jignesh Mordiya. These co−accused are
closely connected to the applicant.
10. Learned Public Prosecutor has thereafter referred R/[Link]/7607/2019 ORDER to the
statement of the victim, Piyush Savaliya, which was recorded on 19.05.2018. It is submitted
that on
03.2018, through co−accused, Jignesh Kheni, the applicant had talk with the victim, Piyush
Savaliya, which reveals that the victim was offered Rs.15.00 lakhs to leave India so that the
applicant and other co−accused could save themselves from the investigation/ inquiry and the
said amount was also paid to victim, Piyush Savaliya. Thereafter, it is also revealed that the
victim stayed at his native place i.e. Amreli to keep himself out of reach from Surat and,
thereafter, he also went outside India and returned back on 03.05.2018. It is also revealed that

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the co−accused, Kirit Vala and Jignesh Kheni exerted pressure and coercion on Punit Patoliya
(witness), who is near relative of victim, Piyush Savaliya and made the payment of huge
amount to them for executing affidavit of victim, Piyush Savaliya, in which, it is stated that the
applicant is innocent. Thus, the applicant through other co−accused had engaged himself in
tutoring and tampering with the evidence and influencing the important witnesses.
[Link],therefore submittedthat the affidavit of Piyush Savaliya upon
which reliance is placed by the applicant, is not helpful to the applicant.
12. Learned Public Prosecutor further submits that from the statements of Hitesh Kanjibhai,
Rasik Kanji and Paresh Vallabhbhai, it is revealed that Mobile No.7874612198 was used by
the applicant, which was in the name of one P.D. Jadeja. Thus, the said aspect is also supported
by the statement of the persons working with Angadiya, who have clearly stated that the
account maintained by them
in the name of P.D. Jadeja was as such operated by the applicant by using the aforesaid
mobile.
13. Learned Public Prosecutor has referred to the panchnama drawn at the time of conducting
Test Identification Parade by the investigating agency, wherein the victim, Piyush Savaliya has
identified certain accused as the person either involved in an act of his kidnapping and
abduction and/or as a person involved in illegally detaining him and the accused are, Jignesh
Moradiya, Kirit Vala, Jagdish Kanabhai Rathod, Jignesh Kheni, Manoj Kyada, Umesh
Goswami and Hitesh Jotasana. At this stage, it is R/[Link]/7607/2019 ORDER 7 submitted
that during the course of investigation, it is also revealed that the applicant was in constant
touch with the aforesaid accused during the period of offense/s as well as the period prior and
subsequent to the offense/s. The call log records are available with investigation papers.
Learned Public Prosecutor referred to necessary CDR details and tower location of the
applicant as well as the victim, Dhaval Mavani and other co− accused persons.
14. At this stage, it is also submitted that 169 bit coins are recovered from the accused, Nikunj
Bhatt, Dilip Kanani and Manoj Kyada. Further, more than Rs.26.00 crores is also recovered
from other 7 co−accused. It is also stated that the recovery of around 8 Kg. gold is made from
the co−accused, Jignesh Moradiya.
15. Learned Public Prosecutor has also submitted that the statements of the co−accused are also
recorded by the investigating agency after their arrest, which also involve the present applicant
with the alleged offense/s. It is submitted that as per the decision rendered by the Hon'ble

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Supreme Court in case of Muraleedharan Vs. State of Kerala, R/[Link]/7607/2019 ORDER
reported in (2001) 4 SCC 638, the statements of the co−accused can be considered at the stage
of anticipatory bail and it also suggest about permitting custodial interrogation for qualitative
investigation. He, therefore, urged that looking to the facts and circumstances of the present
case, custodial interrogation of the applicant is required.
16. At this stage, it is also contended that looking to the conduct of the applicant that he is not
available for the purpose of investigation since registration of the FIR and when the warrant is
issued under U/S 70 of the Criminal Procedure Code, 1973 as well as the proceedings under
U/S 82 of the Criminal Procedure Code, 1973, this Court may not exercise the discretion in
favor(aid) of the applicant. It is, therefore, urged that this application be dismissed.
17. Having heard learned advocates for the parties and having gone through the material
produced on record as well as the investigation papers, it is revealed that FIR in question is
filed against the applicant and other co−accused for the alleged Offense/s under U/Ss 364(A),
365, 384, 387, R/[Link]/7607/2019 ORDER 343, 323, 504, 506(2), 170, 193, 201 and 120.B
of the Indian Penal Code and under U/S 25{1}A of the Indian Arms Act. In the said incident,
two persons viz., Piyush Savaliya and Dhaval Mavani were kidnapped and they were illegally
detained for the purpose of extorting ransom in the nature of extorting bit coins and cash from
them. Learned Public Prosecutor has referred to the statement of the victim, Piyush Savaliya
as well as the statements of other witnesses including the statement of one Anil Dahyabhai
Patel, who is working in "P Umesh Angadiya", Mahidharpura, Surat. From the material
available in the investigation papers in the form of CDR as well as recovery of bit coins and
huge amount from the co− accused and recovery of 8 Kgs.
gold from the co− accused, it is revealed that the present applicant is involved in the alleged
Offense/s and the applicant is the main accused and master mind behind the entire episode. The
applicant was in constant touch with other co−accused during the period of offense/s as well
as period prior to and subsequent to the incident in question. It is also revealed that the victim,
Piyush Savaliya has R/[Link]/7607/2019 ORDER8 identified certain persons as co−accused
during the course of test identification parade as the persons either involved in an act of his
kidnapping and abduction and/or as a persons involved in illegally detaining him.
18. It is also revealed from the material that during the period in which both the victims were
kidnapped and illegally detained, 2091 bit coins were forcefully extorted from the victims,
which was deposited/ credited/ transferred in the account viz., black chain wallet of the

8
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applicant. The said aspect is supported by the technical report given by the concerned Technical
Adviser CID Crime, Cyber Cell. The co−accused, Kirit has also received through the applicant
during the same period of offense/s in his binance wallet, 11000 lite coins, which was converted
by the co− accused into 166 lite coins.
19. It is also reflected from the material collected during course of investigation that on
14.03.2018, the applicant had talk with the victim, Piyush through the co−accused, Jignesh
Kheni, the victim was offered Rs.15.00 lakhs to leave India so that the applicant and other
co−accused could save R/[Link]/7607/2019 ORDER themselves from the investigation. The
said amount was paid to the victim, Piyush Savaliya and, therefore, he stayed at his native at
Amreli to keep himself out of reach from Surat and, thereafter, he went to outside India and,
thereafter, returned back on 03.05.2018. Thus, the reliance placed by learned advocate for the
applicant on the affidavit dated 05.05.2018 of the victim, Piyush Salaviya, is misconceived. At
this stage, it is required to be noted that the Coordinate Bench of this Court passed an order
dated 20.08.2018 in Criminal Misc. Application No.14587/2018 and allied matters filed by the
co− accused, in which, the Coordinate Bench of this Court has also perused the statements of
the abducted victim and after considering those documents, the observations have been made
in Para No.8.5, which reads as under, "8.5 The Court has perused statement of abducted victim.
In his statement, categoric role is attributed to accused persons. This includes role of the
applicants in forcing him to prepare an affidavit in anticipation of any criminal action against
the applicants and also influencing the victim and his relative by R/[Link]/7607/2019 ORDER
paying huge amount so that the victim does not go to police to complaint about the offense/s."
20. From the aforesaid discussion, it is revealed that there is a prima facie case against the
applicant and looking to the complexity of the matter as discussed hereinabove, the custodial
interrogation of the applicant is required. Thus it is not correct on the part of the learned
advocate for the applicant to contend that FIR is filed against the concerned Police officer at
the instance of the present applicant and, hence, he has been falsely implicated in the present
FIR. Thus, the said contention is not accepted.
21. In view of the aforesaid discussion, I am not inclined to exercise the discretion in
favor(aid) of the applicant. Accordingly, the present application is dismissed.

[Link] Uday Annachhatrey vs9 State Of Gujarat on 25 July, 2019

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 The present application is filed under U/S 439 of the Code of Criminal Procedure, 1973,
for regular bail in the connection with FIR was being C.R. No.I−30/2019 registered at
Cyber Crime Police Station, Ahmedabad for offense/s under U/Ss 420, 465, 467, 468,
471 and 120B of the Indian Penal Code act and U/Ss 66C and 66D of the IT Act Act of
India.
 Lr. Advocate has being appearing on behalf of the applicant submits that considering the
character of the offense/s, the applicant could also be enlarged on regular bail by
imposing suitable conditions.
 Learned APP appearing on behalf of the respondent− State has opposed grant of normal
bail looking to the character and gravity of the offense/s.
 Lr Sr. Advocates appearing on behalf of the respective parties do not press for further
reasoned order.R/[Link]/110053/2019 ORDER
 Having heard the learned advocates for the parties and browsing the fabric placed on
record and taking into consideration the facts of the case, nature of allegations, gravity
of Offense/s, role attributed to the accused, without discussing the evidence intimately ,
this Court is of the opinion that this is often a fit case to exercise the discretion and
enlarge the applicant on regular bail.
 This Court has considered following aspects,
 The applicant is in jail since 29.05.2019;
 The remand period is over and the investigation is almost concluded qua the applicant;
 It is submitted by learned advocate for the applicant that the applicant is one of the
Directors of Aryan Imaging Company and the duty of the said Company is to verify the
details given by Idea Cellular Company. It is submitted that one of the employees of this
Company has verified the details submitted by the concerned person and on the basis of
the said verification, the opinion was given to the Idea Cellular Company that they have
verified the documents submitted by the said Company. It is also submitted that one Mr.
Ganesh has verified the documents. Thus the present applicant is prima facie no way
connected with the said verification;
 It is also contended that there are more than 585 employees working in the said Company
and the applicant is not beneficiary of the transaction in question
 (e)it is contended that the concerned
 beneficiary i.e. the co−accused are already arrested and as contended by learned advocate
for the applicant, more than Rs.42.00 lakhs has been recovered from the said accused. In

51
 view of the aforesaid facts and circumstances of the present case, I am inclined to
consider the case of the applicant.
 This Court has also taken into consideration the law laid down by the Hon'ble Apex Court
in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in year of
2012 SCC40.
 Hence, the present application is allowed. The applicant is ordered to be released on
regular bail in connection with FIR being C.R. No.I− 30/2019 registered with Cyber
Crime Police Station, Ahmedabad on executing a personal bond of Rs.10,000/− (Rupees
Ten Thousand only) with one surety of the likes of amount to the satisfaction of the court
and subject to the conditions that he ;
a) Do not take undue advantage of liberty or misuse liberty;
b) Do not act during a manner injurious to the interest of the prosecution;
c) He has to surrender passport, if any, to the inferior court within a week;
d) Do not leave the India without prior permission of the Sessions Judge concerned;
e) Mark presence before the concerned Police Station between 1st to 10th day of every
R/[Link]/11053/20191 ORDER10 English calendar month for a period of six months
between 11:00 a.m. and 2:00 p.m.; [f] furnish the present address of residence to the
Investigating Officer and also to the Court at the time of execution of the bond and shall
not move from or change their residence without prior permission of this Court;
 The authorities will release the applicant as long as he's not required in reference to the
other offense/s for the nonce . If breach of any of the above conditions is committed, the
Sessions Judge concerned are going to be liberal to issue warrant or take appropriate
action within the matter. Bail bond to be executed before the inferior court having
jurisdiction to undertake the case. It will be open for a concerned Court to delete as well
as modify or/and relax any of the above conditions, in accordance with law.
 TheTrial Court will not be influenced by the prima facie observations which made by
this Court in the present order.
 Rule is made absolute to the aforesaid extent.

Imran Mahammad Hanifkhan vs11 State Of Gujarat on 30 July 2019

 Learned APP Mr. Dabhi has waives service of Rule on behalf of the respondent State.

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 The present application is filed under U/S 439 of the Code of Criminal Procedure, 1973,
for regular bail in connection with FIR being C.R. No.I one of 2019 12 has been registered
with Cyber Crime Police Station of Porbandar for offense/s under U/Ss 419, 420 etc. of
the Indian Penal Code and U/S 65, 66 C, D and 43 E of the I.T. Act.
 Lr Advocate appearing on behalf of the applicants submits that considering the nature of
the offense/s, the applicants may be enlarged on regular bail by imposing suitable
conditions.
R/CR MA/14036/2019 ORDER,Lr. APP appearing on behalf of the respondent-State has
opposed permission of bail looking to the nature and gravity of the offense/s.
 Lr Advocates appeared on behalf of the respective parties don't press for further ahead
reasoned order.
 Having heard the learned advocates for the parties and browsing the fabric placed on
record and taking into consideration the facts of the case, nature of allegations, gravity of
Offense/s, role
 attributed to the accused, without discussing the evidence intimately , this Court is of the
opinion that this is often a fit case to exercise the discretion and enlarge the applicants on
regular bail.
 This Court has considered following aspects,
 Applicants are in jail since 09.04.2019.
 Investigation is concluded and charge-sheet is filed; case is triable by the Court of
Magistrate;
 I had considered the major role attributed to the applicants, no antecedent has been
reported against the applicants;
 Looking to the overall facts and circumstances of the present case, I am inclined to
consider the case of the applicants;
 This Court has also taken into consideration the law laid down by the Honrable Apex
Court in the case of Sanjay Chandra R/[Link]/14036/2019 ORDER Vs. Central Bureau
of Investigation, It was reported in [2012] SCC40.
 Hence, the present application is allowed. The applicants has been ordered to get released
on regular bail in connection with FIR wide C.R. No.I-1 of 2019 registered with Cyber
Crime Police Station, Porbandar on executing a personal bond of Rs.10,000/- (Rupees

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53
 Ten Thousand only) each with one surety each of the like amount to the satisfaction of the
trial Court and subject to the conditions that they shall;
1-Not to take undue advantage of liberty or misuse liberty;
2-Not been act in a manner which is injurious to the interest of the prosecution;
3-Surrender passport, if any, to the lower court within a week;
4-Not leave the India without prior permission of the Sessions Judge concerned;
5-Mark presence before the concerned Police Station between 1st to 10th day of every
Englsih
every English calendar month for six months duration between morning 11:00
a.m. and 2:00 [Link] the afternoon.
6-Furnish the proof of present address of residence to the Investigating Officer and
also to the Court at the time of execution of the bond and shall not change or shift
the residence without prior permission of the Sessions Court.
 The authorities will have to release the applicants only if they don't required in
connection with any other offense/s for the time being. If breach of any of the above
conditions is committed, the R/[Link]/14036/2019 ORDER 13 Sessions Judge
concerned is free to issue warrant or take appropriate action in this matter. And Bail
bond must be get executed before the lower Court have jurisdiction to try the case.
It will be open for the concerned Court to delete or/and modify and/or to relax any
of the above conditions, in accordance with law.
 The Trial Court will not be influenced by the prima facie observations which has
been made by this Court in the present order.
 Rule has been made absolutely to the aforesaid extent. Direct service is permitted.
Abhishek Naryanlal Raval vs14 State Of Gujarat on 24 December, 2019

1. Learned advocate [Link] Dixit states at bar that he has instructions to appear for
respondent No.2 - complainant and seeks permission to file appearance. Permission is
accordingly granted.

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2. Learned advocate [Link] Dixit confirms identity of Respondent No.2, who is present
before the Court and admits genuineness and correctness of affidavit filed through learned
advocate [Link] Dixit, which is ordered to be taken on record.

3. Rule. Learned A.P.P. and learned advocate [Link] Dixit waive service of Rule for
respondent Nos.1 and 2 respectively. The learned A.P.P. objects quashment of the present
proceedings on the premise of settlement.

4. With the consent of learned advocate for the applicant and learned advocate for respondents,
present application is taken up for final disposal today.

5. By way of the present application under U/S 482 of the Code of Criminal Procedure, 1973
(for short pursue, the 'Code'), the R/[Link]/23911/2019 ORDER 15 applicant pray for quashing
and setting aside the F.I.R. being [Link].I-11 of 2019 registered with Cyber Crime police
station, Ahmedabad for the offense/s condemned under U/Ss 12, U/S 13 and U/S 14 of the
P.O.C.S.O Act, U/Ss 354D and 420 of the Indian Penal Code and U/Ss 66C, 66D and 67 of the
Indian Information Study Act.

6. Learned advocate for the applicant has taken this Court through the factual matrix arising
out of the present application.

7. At the outset, it is submitted that the parties have amicably resolved the dispute. In support
of such submission made at bar by the learned advocates appearing for the respective parties,
they have placed on record affidavit of settlement of dispute duly signed by the respondent
Number two an original complainant, who was present before the Court.

8. Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and
between parties which is confirmed by the original complainant through her learned advocate,
the trial would be futile and any further continuation of proceedings would amount to abuase
of process of law. Therefore, the impugned F.I.R. is required to be quashed and set aside.

9. Resultantly, this application is allowed. Impugned F.I.R. being [Link].I-11 of 2019

registered with Cyber Crime police station, Ahmedabad as well as Special Pocso Case No.176
of 2019 filed in City Sessions Court, Ahmedabad all other consequential proceedings arising

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therefrom, if any, against the present applicant are hereby quashed and set aside. Rule is made
absolute to the aforesaid extent. Direct service is permitted.

Vashishth Vinit Dharrmendra vs16 State Of Gujarat on 27 March,

2020

1. Rule. Shri [Link], learned Additional Public Prosecutor waives service of Rule for
the respondent - State.

2. By way of the present application under U/S 438 of the Code of Criminal Procedure, 1973,
the applicant accused has prayed to release them on anticipatory bail in case of their arrest in
connection with the FIR registered at [Link].I-62 of 2019 with Cyber Crime Police Station,
Crime Branch, Ahmedabad City for the Offense/s condemned under U/Ss 419, 420 and 120
B of IIPC and U/Ss 66C D of the Information and Study Act .

3. Learned advocate for the applicant submits that the nature of allegations are such for which
custodial interrogation at this stage is not necessary. Besides, the applicant is available during
the course of investigation and will not flee from justice. In view of the R/[Link]/5868/2020
ORDER above, the applicant may be granted anticipatory bail.

4. Lr advocate for the applicant on instructions states that the applicant is ready and willing to
abide by all the conditions including imposition of conditions with regard to powers of
Investigating Agency to file an application before the competent Court for their remand. He
would further submit that upon filing of such application by the Investigating Agency, the right
of applicant accused to oppose such application on merits may be kept as open.

5. The learned APP opposes the grant of bail looking to the nature and gravity of Offense/s.

6. Learned advocates appearing on behalf of the respective parties do not press for further
reasoned order.

7. Having heard the learned advocate for the parties and perusing the investigating papers and
considering the fact that one co- accused [Link] Suthar has been enlarged on regular bail,

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without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail
to the applicant.

8. In the result, the present application is allowed by directing that in the event of applicant
herein being arrested pursuant to FIR registered at [Link].I-62 of 2019 with Cyber Crime
Police Station, Crime Branch of Ahmedabad, the applicant shall be released on bail on
furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with one surety
of like amount on the following conditions:

a He will be cooperate with the investigation and make himself R/[Link]/5868/2020

ORDER17 available for interrogation whenever required;

b He will remain present at concerned Police Station on 30.03.2020 between 11.00 a.m. and
2.00 p.m.;

c He will not directly or indirectly make any inducement, threat or promise to any person
acquainted with the fact of the case so as to dissuade them from disclosing such facts to the
court or to any police officer;

d He shall not obstruct or hamper the police investigation and not to play mischief with the
evidence collected or yet to be collected by the police;

e He shall at the time of execution of bond, furnish the address to the investigating officer and
the court concerned and shall not change his residence till the final disposal of the case till
further orders;

f He shall not leave India without the permission of the Court and if having passport shall
deposit the same before the Trial Court within a week; and

g It would be open to the Investigating Officer to file an application for remand if he considers
it proper and just and the learned Magistrate would decide it on merits;

h Despite this order, it would be open for the Investigating Agency to apply to the competent
Magistrate, for police remand of the applicant. The applicant shall remain present before the
learned Magistrate on the first date of hearing of such application and on all subsequent

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occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the
accused in the judicial custody for the purpose of entertaining application of
the R/[Link]/5868/2020 ORDER prosecution for police remand. This is, however, without
prejudice to the right of the accused to seek stay against an order of remand, if, ultimately,
granted, and the power of the learned Magistrate to consider such a request in accordance with
law. It is clarified that the applicant, even if, remanded to the police custody, upon completion
of such period of police remand, shall be set free immediately, subject to other conditions of
this anticipatory bail order.

10. At the trial, the Trial Court shall not be influenced by the prima facie observations made
by this Court while enlarging the applicant on bail. Rule is made absolute.

Sanjayprakash S/O Ramsrigar ... vs18 State Of Gujarat on 11 December,

2019

1. Rule. Learned APP [Link] Soni waives service of Rule on behalf of the respondent State.

2. The present application is filed under U/S 439 of the Code of Criminal Procedure, 1973, for
regular bail in connection with FIR being C.R. No.I30/2019 registered with Cyber Crime Police
Station, Ahmedabad for offense/s under U/Ss 420, 465, 467, 468, 471 and 120(B) of the Indian
Penal Code and U/S 66(C)(D) of the IT Act.

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature
of the offense/s, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Lr advocate APP appearing on behalf of the respondent State has opposed grant of regular
bail looking to the nature and gravity of the offense/s.

5. Lr Advocates appearing on behalf of the respective parties do not press for further reasoned
order.

R/[Link]/20247/2019 ORDER

6. Having heard the learned advocates for the parties and perusing the material placed on record
and taking into consideration the facts of the case, nature of allegations, gravity of Offense/s,

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role attributed to the accused, without discussing the evidence in detail, this Court is of the
opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

7. This Court has been considered following various aspects,

(a) the applicant is in jail since 17.06.2019;

(b) the investigation is concluded and the chargesheet is filed;

(c) the coaccused, Anil Tulsiram Joshi has been enlarged on bail by the Coordinate Bench of
this Court vide order dated 18.10.2019, copy of said order is placed on record;

(d) learned advocate for the applicant, under the instructions, submits that the applicant is ready
and willing to deposit Rs.10,00,000/ within a period of four months from the date of his release
from the jail before the concerned trial court without prejudice to his rights and contentions.

Looking to the aforesaid facts of the present case, I am inclined to consider the case of the
applicant.

8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court
in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC
40.

9. Hence, the present application is allowed. The applicant is ordered to be released on

regularR/[Link]/20247/2019 ORDER19 bail in connection with FIR being C.R. No.I 30/2019
registered with Cyber Crime Police Station, Ahmedabad on executing a personal bond of
Rs.10,000/ (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction
of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

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[d] not leave the State of Gujarat prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English
calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [f] furnish the
present address of residence to the Investigating Officer and also to the Court at the time of
execution of the bond and shall not change the residence without prior permission of this Court;
[g] deposit an amount of Rs.10,00,000/ before the concerned trial court within a period of four
months without prejudice to his rights and contentions from the date of his release and shall
also file an undertaking within a week from the date of his release before the concerned court.

R/[Link]/20247/2019 ORDER20

10. The authorities will release the applicant only if he is not required in connection with any
other offense/s for the time being. If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be
open for the concerned Court to delete, modify and/or relax any of the above conditions, in
accordance with law.

11. At the trial, the Trial Court shall not be influenced by the prima facie observations made
by this Court in the present order.

12. Rule is made absolute to the aforesaid [Link] service is permitted.

Rushikesh S/O Nalinbhai ... vs21 State Of Gujarat on 10 December, 2019

Bench: A.Y. Kogje

1. This application is filed by the applicant under U/S 439 of the Code of Criminal Procedure,
1973 for regular bail in connection with FIR registered as C.R. No.I-49 of 2019 registered with
Cyber Crime Police Station, Ahmedabad for the offense/s condemned under U/Ss 354(D) of
the Indian Penal Code and under U/S 66(C) of the [Link] and under U/Ss 12, 14 of the POCSO
Act.

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2. Learned advocate appearing on behalf of the applicant submits that considering the nature
of offense/s, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-
State has opposed grant of regular bail looking to the nature and gravity of the offense/s.

4. Learned Advocates appearing on behalf of the respective parties do not press for a further
reasoned order.

R/[Link]/21853/2019 ORDER

5. I have heard the learned advocates appearing on behalf of the respective parties and perused
the papers. Following aspects are considered :-

I) The FIR is registered on 31.10.2019 for the offense/s which is alleged to have taken place
from before 10.09.2019 to 31.10.2019. II) The applicant is in custody since 01.11.2019; III)
The investigation qua the applicant is concluded as remand period is over;

IV) Considering the nature of allegations and the role attributed to the applicant;

V) Submission of learned advocate for the applicant that the applicant had never personally
met or knew the complainant whose photographs were found on the social media and the reason
behind doing so was his failed love affair with the friend of the complainant; VI) Considering
the medical conditions of the applicant which according to the learned advocate is deteriorating
day by day; VII) Learned Additional Public Prosecutor under the instructions of the
Investigating Officer is unable to bring on record any special circumstances against the
applicant.

6. In the facts and circumstances of the case and considering the nature of the allegations made
against the applicant in the First Information Report, without discussing the evidence in detail,
prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and
enlarge the applicant on regular bail.

61
R/[Link]/21853/2019 ORDER22

7. Hence, the present application is allowed. The applicant is ordered to be released on regular
bail in connection with C.R. No.I-49 of 2019 registered with Cyber Crime Police Station,
Ahmedabad on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand Only) with
one surety of the like amount to the satisfaction of the trial Court and subject to the conditions
that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper
the police investigation and shall not to play mischief with the evidence collected or yet to be
collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six
months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his residence to the Investigating Officer and also to the Court
at the time of execution of the bond and shall not change the residence without prior permission
of Trial Court;

8. The authorities will release the applicant only if he is not required in connection with any
other offense/s for the time being. If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

R/[Link]/21853/2019 ORDER23

9. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be
open for the concerned Court to delete, modify and/or relax any of the above conditions, in
accordance with law.

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62
[Link] the trial, the trial Court shall not be influenced by the observations of preliminary nature
qua the evidence at this stage made by this Court while enlarging the applicant on bail.

[Link] application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid
extent. Direct Service is permitted.

Videos of Sexual Violance and Recommendations,In Re,(2018)15SCC24 551

On 18th of February, 2015, this Court had received a letter from NGO-Prajwala to the effect
that videos of sexual violence were being circulated in [Link] hearing learned
counsel for the parties, an order was passed on 22nd March, 2017 constituting a Committee to
assist and advise this Court on the feasibility of ensuring that videos depicting rape, gang rape
and child pornography are not available for circulation, apart from anything else, to protect the
identity and reputation of the victims and also because circulation of such videos cannot be in
public interest at [Link] had expected the Committee to preferably arrive at a consensus on the
possibility of ensuring that objectionable videos pertaining to child pornography, gang rape
and rape are not made available on theinternet. For some technical reasons, if that was not
possible to explain and detail the reasons why it was not [Link] Committee was
constituted under the Chairmanship of Dr. A sKumar, the then Additional Secretary, Ministry
of Electronics and Information Study.

After a full discussion, a comprehensive report has been submitted to this Court by the
Committee in two volumes. The second volume contains the presentations [Link] have gone
through the contents of the first volume which deals with various issues that had arisen before
the [Link] the parties before the Committee agreed on certain recommendations based
on proposals made during the [Link] I of Chapter 7 of first volume of the Report
contains the proposals in which the Committee was able to arrive at a consensus while Part II
consists of the proposals in which the Committee was not able to arrive at a [Link] have
been taken through the proposals as well as the recommendations made by the Committee on
which there was a [Link] may note that Proposal No.9 was actually dropped by the
Committee. In other words, there are 11 proposals on which there is agreement between the
members of the Committee and one proposal which pertained to WhatsApp Inc. being Proposal
No.18 which has been accepted while Proposal No.19 pertaining to WhatsApp Inc. was

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63
[Link] proposals and the recommendations made on which there is consensus read as
follows:

Proposal Recommendations25
 The search engines expand Government of India the list of key words may work with
the which may possibly be represented companies used by a user to search as well as
civil for CP content society organizations to suggest expansion of the list of key words
for showing CP warning ads/Public service message on search.
 These key words should The same may be also be in Indian gradually expanded to
languages and vernacular other Indian search. languages where applicable.
 These key words should be For RGR, the expanded to cover RGR Government of India
content. may work with the represented companies as well as civil society organisations
to suggest the list of key words for RGR warning ads/Public service message.
 Creating an administrative mechanism for reporting and maintenance of data in India:
Either within the CBI, or The Committee agrees under the aegis of the that there is a
need MHA, a cell must be set to create a Central up to deal with these Reporting
Mechanism offense; (India's hotline portal), as has been done in other countries, like in
the U.S. with NCMEC.
 GOI26 to formulate specific Government may look parameters for into these for
identifying RGR content appropriate action to ensure expeditiously.
 The hashes so generated must be under the custody of the centralized cell as stated
hereinabove who will steps to prosecute, as per the law;
 A reporting mechanism must be created at a Central level, preferably with the CBI (in
view of their role and special access) to also receive information of any CP/RGR
content being circulated in the social media or any other platform over the internet;
 The cell would regularly engage with represented Companies and the NCMEC for
updation of study, technical support etc.
 Study similar to Project Arachind crawler study be availed of, for identifying India –
based CP and also to adapt the same for identifying RGR content onliine;

25
[Link]
26
[Link]

64
  Content hosting platforms (CHPs), Search Engines and GoI to work together in
formulating process for proactively verifying, identifying and initiating take down of
all CP/RGR content;
 Project CCPWC being a general project to alleviate offense against women and
chiildren, a special focus sub-project to be created within the same foe eliminating
CP\RGR to undertake the following:The Onliine Portal Government may take proposed
to provide for action, as anonymous reporting of appropriate identified CP/RGR;
expeditiously.
A separate hotline to be established for reporting (with the option for caller to remain
anonymous) of identified CP/RGR content;receiving Complaints of CP/RGR onliine
and for initiating action thereon within specified timelines; Such authority to have
immunity and permission to verify CP/RGR content and to initiate take downs:authority
to also have specified processes for immediately intimating respective police stations
for registration of FIR and for initiation of prosecutions;
 A team to be set up for immediately verifying such tips and to issue directions to the
service providers/Intermediaries for immediate removal of such identified
content;concerned police stations for registration of FIR and initiation of prosecutions.
In view of the CBIs willingness to take this responsibility it is recommended that matter
be handled by CBI and not by local police.
 Government of India to Government of India allocate funds for may also partner
with training, verification, civil society continuous monitoring and organistaions,
review of personnel research institutes involved in such Homasepian to conduct
programme intervention process for as mentioned in c) identifying CP/RGR above.
Premier content, in line with reserch institutes those adapted by like IISc must be
NCMEC/IWF; encourages and supported to have dedicated research programme to
undertake these studies.
 GoI/CHPs/Search Engines to involve in creation of awareness amongst users and
sensitization programs and capacity building initiatives for judiciary, prosecutors and
law enforcement authorities, to mitigate the menace of CP/RGR dissemination;
 GoI to set up processes for expeditious initiation of prosecution against users for
identified CP/RGR content reported by CHPs27;

27
[Link]

65
Suitable technologies are video hashes similar developed. to the image hashes database .

a) AI/DL/ML28 tools to be already used by the tested real time (i.e., industry. upon each
upload)
 User Authentication: The Committee decided Create a mechanism where to drop this
proposal users who seek to upload by consensus. an image/video, falling within the
subject content, using the pre-identified key words, are put to a more rigorous
verification process which would have them believe that they would be traced.
 Content removal The represented processes/ URL companies stated that de-indexing
process for they are continuously identified RGR imagery working on improving
should be as expeditious processes for review as removal of CP Imagery. of content
including RGR that is reported to them. The Committee noted the same.
 Content hosting The represented platforms, social media companies stated that
platforms and search they are continuously engines will provide working on improving
links for reporting processes for CP/RGR imagery, as a reporting content specific
category and the including CP and RGR same to be more that violates their
prominently displayed on policies or their pages. applicable laws. The Committee
noted the same.
 Create a mechanism to The represented ensure that when CP companies are already
imagery is identified, taking action in this the CHPs shall preserve regard. The
Committee and retain such agrees to Part(a) of information of the proposal.

WhatsApp should make There was consensus further improvement in in the Committee. The
their reporting process Committee recommends which would enable easier that these efforts
be reporting of contents in taken up at the the App while maintaining earliesavailable on phone
at the time of reporting 19 Compute the PhotoDNA29 has, The Committee agreed VideoHash
at WhatsApp not to pursue this Client on Mobile Handset proposal. level, and transmit then to
central WhatsApp server for matching with CP/RGR Hashes database.

We expect the parties including the Government of India to abide by the recommendations on
which there is consensus and to try and implement them at the [Link] make it clear that
any information that is based on or is pursuant to the proposals and recommendations to the

28
[Link]
29
[Link]

66
Government of India will be kept confidential so as not to reveal the study used by the
participating service [Link] Government of India will prepare a status report on
implementation of the recommendations and place it before us in a sealed cover before the next
date of [Link] the next date of hearing, we will deal with the proposals on which there is
no [Link] the matter on 11th December, 2017 at 2.00 p.m. It is made clear that on the
next date of hearing also the proceedings will be held in-camera.

Currently In Ahmedabad ,48 police station have cyber cell [Link] initiative was
particularly taken to increase the efficiency of solving cyber related [Link] the police
personnel have time and again stated that the cyber crime Offense/s are increasing,The
Ahmedabad Police Department is taking proactive steps to tackle [Link] a recent decision taken
by Ahmedabad police ,the complainants who usually had to go to cyber crime unit can approach
cyber crime units in respective police [Link] initiative was particularly taken to increase
the efficiency of solving cyber related [Link] 3000 application of cyber offense in 2016
and 4000 in 2017,the number of compalinants for cyber crime shot up to 5000 in [Link]
at this the police also needed to delegate the smalle criems to local police
[Link] of police ,Ahmedabad [Link] shared that,’we needed to
unburden the cyber crime unit and delegate smaller cases to loca police [Link] will
also benefit from it since it will easier to reach [Link],there will be more police officails
who will be trained and therefore more equipped for fighting cyber crime.’
CYBER CELL DCP [Link] ZALA said ,’The police station that have a higher
frequency of complainants will be given on the job training and those that receive less
complainants will get training on a specified day’.

INFORMATON RECEIVED FROM CYBER CELL ON 24.02.2019

As We got information from cyber cell Ahmedabad, we got details on following types of
cybercrime are most common and currently occurs in Ahmedabad like...
Job Fraud Thousands of job aspirants upload their details including qualification,
communication address and phone number onliine on various portals and websites.
After getting hold of information, the accused make a tailor-made pitch by telephone
or email that congratulates the person on matching their criteria and taking the process.
On pretext of processing fee, caution money or other charges, the victim is encouraged
to transfer money to a specific bank account which gets closed after the fraud is over.

67
 Loan fraud” Accessing onliine database, the fraudsters identify potential victims and
send emails/ SMS or make calls to them to offer loans at a very competitive interest
rate and without registration, tax or GST. The victims get duped when the fraudsters
ask for processing fees for the transactions. Once the money is transferred, the phone
number and bank account get discontinued.
Data theft” In simple parlance, if any information or data which belongs to a person
or organization gets stolen by methods of spoofing, phishing and malware incursion, it
can be identified as data theft. The data can also be stolen from website,
PC(COMPUTER/S SYSTEM), pen drive or email.
Virus/Malware Incursions Malware can be viruses, trojans, worms or ransomware.
The viruses affect system functioning and makes the system slow whereas trojans
gather data in the background without getting detected in general scan. The criminals
can also steal credentials for identity theft or install a key-logger to identify common
keyboard strokes and steal information on debit/ credit card or sensitive data.
Denial” Of Service In a Denial of Service, the accused incursion server of any bank or
company and keep it so busy that the server / services turn “unavailable” for normal
users. Such situation if continues for a longer time, respective bank or company faces
huge financial losses.
E commerce related Fraud 30 Be cautious while using websites like OLX to buy or
sell items. Cheaters create false account here on websites as seller and upload pictures
of costly goods and items to be sold at cheaper rates. During conversations, they win
confidence of the buyer and ask for advance payment, once payment is done by the
buyer, goods / items are never delivered.

On another side, criminals are also looking out for sellers on such websites. They
develop relations with sellers during the deal for buying expensive items from them,
ask them to take payment in advance. Send them request from e-wallets like Google
pay and misguide them to click on “pay” option instead of “accept payment”. Once the
seller clicks on “pay” icon, money are transferred from his / her bank account which
never come back.
Email Spoofing Fraud Here the accused make exact replica of an email id or use
similar-sounding words to spoof the email. Emails are used to share important

30
[Link]

68
 information quickly and here the fraudsters try to gain by changing delivery method for
the goods. They can also change bank account details where the money is to be
deposited. As part of the fraud, the accused also try to divert funds or seek money on
different pretexts.
Customer Care Hepl Fraud31 Citizens primarily resort to searching onliine for
helpline of various brands. The fraudsters can get contact details right from the
company’s open access fora or can spoof a website that looks the same as original to
steal data. Likewise, the fraudsters create websites with alternative contact numbers for
lodging a complaint. Once a person lodges complaint, he/she is asked to make payment
towards various charges. The caller can also assure the citizens that they wanted the
bank account details for refund but once the bank and account details are provided, the
fraudsters transfer the funds.
OTP” realeted/SIM swapping Fruad With improved security for onliine accounts,
mobile phone has become a key factor to break into these accounts. If a person
experiences fraudulent practice, he/she approaches police but what if the one-time
password (OTP) was basis of the transaction? Fraudsters swap SIM or copy information
which can be transferred across devices.

With advent of net banking and other onliine services, possessing mobile numbers is a
must with companies sending verification and OTP to customers. The OTP is verified
by the fraudster without knowledge of the original owner for financial gains.
Email Hack In this crime, a hacker illegally gains access to a laptop/ desktop/ tablet
PC(COMPUTER/S SYSTEM). For the purpose, the hacker sends an email or a link in
social media/ onliine platform. Once the unsuspecting victim opens it, with help of
specialized software the hackers can steal details such as password of banks, transaction
details and email conversations. The method is also used sometimes to harass a person
by sending unwanted, disturbing images.
Matrimonial Related Fraud Multiple portals and websites have thousands of
profiles of youth searching for life partners. A fraudster registers on these websites.

The fraudsters then start contacting persons, projecting themselves as perfect match.

31
[Link]

69
 Once someone responds, they further the conversation onliine and then seek help
financially. Sometimes they even get married and then decamp with valuables.
SociaL Media Fraud e.g. Facebook, What’s app, Instagram SnaPC(Computer/s
System)hat ,Imo etc.….
The social media users base has been highly increased mani multifold in past few years
as almost all strata of the society using websites such as Facebook, Twitter, YouTube,
TikTok and Instagram for business, entertainment, gossip or to pursue their interests
and keep abreast of the developments. Several modus operandi are used to defraud the
users. Some of them include-

 Creating fake account on social media

 Impersonate someone, upload unauthorized photograph or video of a person
 Hack another person’s profile
 Use of profanity on personal chat or on community pages/ fora
 Nasty language or pornography
 Cyber bullying
 Fake news or spreading rumours
 Hurt someone’s feelings in regard to religion, race, language or region

Credit Card Fraud32 One of the methodologies constantly on rise, in these frauds a
potential victim is approached by phone or SMS and is cautioned/ threatened by a
person impersonating a bank official about closure of bank account or increased bank
fees if they don’t ‘verify’ their account with relevant details. Sometimes the victims are
also lured with promise of good discount or benefit of special offers to get the
information such as card number, card verification value (CVV), expiry date and one-
time password sent by the bank for verification.
Once the accused get relevant details, they are used to transfer money into another
account or for shopping onliine.
In many cases, the victims don’t get any phone call and still their debit or credit card is
misused onliine. In such a scenario, it is possible that the accused might have gathered
the details through onliine database or use of skimmer machines. These machines look

32
[Link]

70
 like swipe machines but can read and copy magnetic tape used in a card. With this
detail, the accused can also make a clone card.

Insurance” Fraud In this method, the accused retrieve information on customers of

various insurance firms and contact them on pretext of getting them refund for
insurance or threatening them with discontinuation of the accounts for not accessing it
regularly.

Sometimes, the fraudsters even use name of regulatory authorities to scare the
insurance policy holder and coax them to pay the amount immediately. Money is also
demanded on pretexts such as insurance premium, security deposit, penalty, etc.

Chemical/Seeds realeted Fraud In this modus operandi, fraudsters create fake email
id or social media profile and approach manufacturers of chemical or seeds. They are
almost always based abroad and identify themselves as doctors or subject experts in
need of a specific chemical or seed.

Once a person agrees to supply the seeds or chemical, he is asked to submit a deposit
or make forward payment for large shipment orders. The callers/ email claim that once
the samples are found satisfactory, bigger order would be placed – which never comes
through.
Experts believe that India-based Nigerian gangs are active in this fraud where they send
across hundreds of emails or read script to lure citizens on phone.

Prize won Fraud33 A person can be lured with email/ SMS/ call informing him/her
that their name or number was selected in a lucky draw and they can get a huge prize
by verifying their details. But for verification, the company would ask for financial
details or ask for a payment towards processing fees. Once the person makes the first
payment, he/she would be asked for another payment and the cycle goes on till the
victim realizes that it’s a trap. It’s considered to be one of the autograph or endorsement
Nigerian frauds.

33
[Link]

71
 Hacking and Ransom ware Incursion Ransom is now collected by the criminal’s
expert in onliine programming and hacking by locking down a remote server or
individual system. If the system is not protected properly by firewall, these criminals
can get access to an individual PC(COMPUTER/S SYSTEM) or groups of Machines
of PC(Computer/s System) and encrypt all data. The method renders
PC(COMPUTER/S SYSTEM) useless for the person. Hackers do it to demand ransom
– payment either through anonymous sources onliine or Bitcoin to ‘release’ the
PC(COMPUTER/S SYSTEM) system.
Mobile Groups of Machines Tower Related Fraud” The fraudsters lure victims
by promising huge returns after they allow installation of a mobile tower on their piece
of land. For the same, they ask for caution money or deposit, claiming that many want
to install it and thus they would have to choose the right candidate. Once the person
agrees to pay, the fake companies seek money in form of registration fee, advance
deposit or payment for tower installation. Once the money is received, the calls/ email
gets discontinued and the ‘tower company officials’ cannot be traced.

Shopping Website Fraud Fraudsters put advertisements for electronic goods,

vehicles, clothing, etc. on social media or portals for sale. Once someone contacts
them for the same, they are asked to make advance payment for the goods. Once the
fraudsters receive money, they don’t deliver the goods at all or deliver wrong/ sub-
standard goods. Some websites store credit/ debit card information keyed-in by the
customers and misuse it onliine.
In a variant identified as OLX fraud, the fraudster keeps goods at a very cheap price
on the web portal. Once people start spending money on the same, it gets removed
from the listing and the fraudsters pocket the money. The goods are not sent, or the
ones delivered are found to be defective. The fraudsters also approach officials of
payment gateway to get the amount deposited on such sites fraudulently.
Gujarat cyber crime has launched website in 2020 for awareness and to stop or prevent
cyber crime cases in [Link] can find fraud mibile numenr and fraud bank A/C
details also.

72
Some guidelines mentiond below.

73
74
75
76
77
78
79
80
81
82
Compared to 242 Offense/s registered by the state police for U/S of IT Act and relevant
U/Ss of IIPC in 205,cybercrime jumped 895 to 458 cases in [Link] report Crime in India
2017’by National Crime Records Bureau(NCRB)states total 427 persons fell prey to
frauds-42 were duped onliine,41 were victims of ATM fraud whereas 14 registered
complaints for cheating with one time password(OTP).The report states that cities
recorded a major jump in cybercrime. In Ahmedabad cyber frauds rose from 77 to 112 in
2017. Gujarat state recorded jump of 26.5%year to year In India Gujarat is on 12th ranked
in total numbers of cybercrime recorded in the country. fraud was termed the motive in
305 out of 458 cases amounting to 66% of total cases. While almost 80 of the Offense/s
were committed to cause disrepute 24 were committed for sexual exploitation of the victim
and Six of the accused confessed personal revenge as drive whereas three claimed that
they had committed crime for rank. A senior cyber cell official said the amount of
applications for complaints has been increasing over past five years. The figure reflects
the rise in awareness-we are getting one application every day Broadly, these cases can be
divided into two broad categories, financial fraud and social media related infamy’. People
are easily trapped in such kind of Crime which are soft targets of criminals. Many cyber
Offense/s occur via one or another way of using internet and phone.

STATISTICS:

NATIONAL CYBER CRIME

REPORT PORTAL
Total Solved Case Pending
5306
4179

2618
2062

1745
1362

794
749

619
556

383

175

149
116
33

TOTAL CASE MO N E Y S O C IA L ME D I A OTHER R A NS O M W A R E

FRAUD

 5306 Incidents has been reported on NCCR Portal.

 All this 5306 directly transferred and reported to Ahmedabad city Cyber Cell.
 4179 has been solved till mid 2021.

83
  749 are yet to solve.
 30.62 Cr INR has been saved out of this.
 100 FIR has been registered.
 9 incidence of virtual currency Bitcoin has also been registered.

Now a day’s people are also trapped thru call centre racket, they are getting some
confidential information from citizen and do offense accordingly. Cyber cell Ahmedabad
city police had launched one mobile application during which victim or the complainant
are going to be apprised about status of his case, investigating officer name and phone
number of the police station to which the complaint had been transferred to. That details
would share on complainant’s cell number through a message. He can also speak to
investigating officer regarding the progress of his case. [Link] PI cyber cell stated
that every year they receive four to five thousand complaints regarding cybercrime.
Initially it is probe as complaints and then it turns on to FIR once we get enough evidence
to arrest the accused.
we need strong security and proper knowledge to use of internet and computer also if we
want to use technology and take benefit from their then we must gain perfect knowledge
what we done. And how can we do. We have to know about security of computer system.
Cyber security is most important to prevent our self and organizations.
Cyber security means protecting all information, equipment's, devices, computer, computer
resource, communication device and knowledge and data stored therein from unauthorized
access, use, disclosure, disruption, modification and/or destruction.

 97% of cases has been reported on IRU,Ahmedabad Cyber Cell (Online/offline

both).

84
  59 Cr INR has been involved in these reported cases.
 22.95 Cr INR has been freeze till now(10605 Applications).
 13.94 Cr INR has been refunded to victim/s.
 Approx 9 Cr INR are untapped yet.
 13 Cr INR’s fraud Incidence are under investigations.
 >30% Incidences are unsolved.

In this research paper I mention about impact of technology and internet on cybercrime
which involve computer or its network. In this research paper I said also impact of
cybercrime made by the people to destroy the organizations network, stealing of data,
documents, hacking accounts, unauthorized access and gain benefit of personal, private
and financial. My research gives the glance on impact of internet technology in
cybercrime, its types, and punishment also. So that is helpful to aware about good and bed
factor of the internet and technology may also helpful to prevent own cell phone, computer
system or organization.
In this research paper I sensitise impact of cybercrime made by the people to destroy the
organizations network, stealing of data, documents, hacking accounts, unauthorized
access and gain benefit of personal, private and [Link] research gives the glance on

impact of internet technology in cybercrime, its types, and punishment and penalties as
well.
Forensic plays main vital role to detect Cyber crime

As digital crime increases exponentially, the necessity for PC(COMPUTER/S SYSTEM)

forensic expertise in enforcement grows with it. There are many enforcement agencies, like
your local police , the FBI and countless other entities, who believe PC(COMPUTER/S
SYSTEM) forensics to catch [Link](COMPUTER/S SYSTEM) forensics is quickly
becoming used for several different areas of criminal investigations and there's now a strategy
that's used. PC(Computer/s System) are widely known for getting used in committing a
criminal offense but now the tables have turned and forensics has the sting using
PC(COMPUTER/S SYSTEM) forensics to catch criminals who believes they don't leave an
imprint while committing several [Link] role of PC(COMPUTER/S SYSTEM) forensics
in crime has advanced to evidentiary admission in a court of law. This is vital in how the
evidence is maintained and picked up and it's become quite precise process in enforcement .

85
Requirement of PC(COMPUTER/S SYSTEM) forensics expertise is very [Link] cell uses
IT professionals to realize serious evidence in their investigations and these offense are often
simple or hacking, espionage and even bank fraud. The Cyber cell Dept. now uses co
PC(COMPUTER/S SYSTEM) forensics as a typical tool to research a criminal offense . Wide
usage of mobile phones,smart phones, tablets, and hard drives to collect the evidence needed
to prove premeditation in some [Link](COMPUTER/S SYSTEM) forensics is that the new
frontier of criminal investigation for these kind of agencies and it is growing regularly. As
study enhances offense ratio associated with study use in criminal [Link](COMPUTER/S
SYSTEM) forensics are known for catching criminals in all kinds of fraud. However,
investigators are now using PC(COMPUTER/S SYSTEM) forensics to catch murderers, and
access encrypted data daily which will stand as evidence during a court of law.
Those who decide to enter this vocation are considered investigators. They investigate major
encrypted files using a “live box” process along with so many other great new and different
types of software used in the latest techniques available. Information study professionals who
choose this profession are considered during a class by [Link] of the tasks included
during this particular a part of the criminal investigation are recovering deleted files, deleted
passwords and checking for breaches of security for cyber-crime. Once the evidence has
gathered or found that must be contained and translated for lawyers, judges, and juries to
[Link] one might think that recovering fraud data is the main task of
PC(COMPUTER/S SYSTEM) forensics this is often just simply not true anymore. The origin
of PC(COMPUTER/S SYSTEM) forensics began this manner as most of the cases solved
within the beginning time. However, The BTK Killer was also caught and evidence was utilized
in his court trial from PC(COMPUTER/S SYSTEM) forensics which discovered during a
search of his home.
Now police use their PC(Computer/s System) for everything from searches to warrants and as
study grows as in many ways criminals hide their activities. There doesn't seem to be a ceiling
on study and therefore the ways it's [Link] Enforcement agencies also are using
PC(COMPUTER/S SYSTEM) forensics to reopen and solve cold case files. This is an
excellent advantage as study grows so do the ways to gather information from old hard drives
to unravel offense that have gone unsolved for [Link] role of PC(COMPUTER/S SYSTEM)
forensics in crime is increasing as databases are being introduced to carry case files for
enforcement . The simple gathering and organization of old forensics from unsolved cases have
brought forward details that investigators may need missed in initial investigations. These
innovations are helping to vary the face of the criminal investigation.
86
The Role of PC(COMPUTER/S SYSTEM) Forensics in cyber Crime:
The role of PC(COMPUTER/S SYSTEM) forensics in crime is simply getting to increase in
demand because the necessity for assistance in retrieving information which will be used as
evidence is getting more difficult for law enforcement. Now more than ever this growing field
of study demands IT professionals who are experts at this type of data retrieval for law
enforcement.
The number one profession for 2015 consistent with Forbes Magazine is IT professionals and
this is often only for general sorts of IT positions. IT expertise in enforcement isn't only a
critical position but also one that can change the face of enforcement with techniques and
expertise to solve cases and make a true [Link](COMPUTER/S SYSTEM) forensic
science could also be one of the branch of digital forensic science concerning evidence found
in PC(Computer/s System) and digital storage media [Link](COMPUTER/S SYSTEM)
forensics aim is to evaluate digital media in a sound manner under forensic procedure with the
goal of identifying,recovering, analyzing ,preserving and presenting facts,figures and opinions
about an information.
Although it's most frequently related to the investigation of a good sort of PC(COMPUTER/S
SYSTEM) crime, PC(COMPUTER/S SYSTEM) forensics can also be utilized in civil
proceedings. This evolves around similar objectives and techniques for recovery of data, but
with additional guidelines and practices designed to form a legal audit [Link] from
PC(COMPUTER/S SYSTEM) forensics investigations is usually subjected to an equivalent
guidelines and practices of other digital evidence. It has been used in a number of high-profile
cases and is becoming widely accepted as reliable within Indian and Gujarat court [Link]
this decades personal PC(Computer/s System) became more accessible to consumers, resulting
in their increased use in criminal activity (for example, to assist commit fraud). At an equivalent
time, several new "PC(COMPUTER/S SYSTEM) offense" were recognize dsuch as cracking.
Need of PC(COMPUTER/S SYSTEM) forensics emerged at this point as a way to recover and
investigate digital evidence to be used in court. Since then PC(COMPUTER/S SYSTEM)
crime and PC(COMPUTER/S SYSTEM) related crime has grown, and has jumped high in last
few years.[2] Today it is used to investigate a wide variety of crime, including child or teenage
porn , fraud, espionage, cyber stalking, murder and a [Link] offense increases
exponentially, which improves the need for PC(COMPUTER/S SYSTEM) forensic expertise
in law enforcement . There are so many enforcement agencies, like your local police , the FBI
and countless other entities, who believe PC(COMPUTER/S SYSTEM) forensics to catch
[Link](COMPUTER/S SYSTEM) forensics is quickly becoming used for several
87
different areas of criminal investigations and there's now a strategy that's used. PC(Computer/s
System) are widely known for getting used in committing a criminal offense but now the tables
have turned and forensics has the sting using PC(COMPUTER/S SYSTEM) forensics to catch
criminals who believe they are doing not leave an imprint when committing certain [Link]
role of PC(COMPUTER/S SYSTEM) forensics in crime has advanced to admission during a
court of law. This is vital in how the evidence is maintained and picked up and it's become
quite precise process in enforcement . There are very high demand for specialized experts in
PC(COMPUTER/S SYSTEM) [Link] cell uses IT professionals to realize serious
evidence in their investigations and these offense are often simple or hacking, espionage and
even bank fraud. The Cyber cell Dept. now uses PC(COMPUTER/S SYSTEM) forensics as a
typical tool to research a criminal offense . Usage of devices like mobile phones,smart phones,
tablets, and other many hard drives to gather the evidence needed to prove premeditation in
some cases.

Forensic techniques and the expert knowledge explains the present state of a digital artifact like
a computing system , data-storage medium e.g. hard disk CD-ROM and an electronic
documents such as an email,PDF,ppt, soft copy of image) The purview of a forensic analysis
varies from simple information retrieval to reconstructing a series of events. In
PC(COMPUTER/S SYSTEM) Forensics book,Its was defined that PC(COMPUTER/S
SYSTEM) forensics is involves "any type of data preservation,storage, identifications,
extractions, documentation and interpretation of data".They explained this such discipline as
"more of an art than a science", indicating that methodology is backed up by resilience and
extensive domain knowledge. However, while certain methods are often wont to extract
evidence from a given PC(COMPUTER/S SYSTEM) the strategies employed by enforcement
are fairly rigid and lack the pliability found in the civilian [Link](COMPUTER/S SYSTEM)
forensic investigations usually follow the standard digital forensic process or phases which are
acquisition, examination, analysis and reporting. Investigations are performed on static data
(i.e. acquired images) rather than "live" systems. This is a change from early forensic practices
where a scarcity of specialist tools led to investigators commonly performing on live data.
A number of techniques are used during PC(COMPUTER/S SYSTEM) forensics
investigations and far has been written on the various techniques employed by enforcement
especially .A forensic technique that correlates information found on multiple hard drives. This
process is still in research, and often want to identify social groups of Machiness and perform
anomaly [Link] examination of PC(Computer/s System) from within the OS using
88
custom forensics or existing sysadmin tools to extract evidence. The practice is beneficial when
handling Encrypting File Systems, for instance , where the encryption keys could also be
collected and, in some instances, the logical disk drive volume may be imaged which is known
as a live acquisition before the system is pack up for practice.
A common technique utilized in PC(COMPUTER/S SYSTEM) forensics is that the recovery
of all deleted files. New types of forensic software has certain tools for recovering or carving
out erased [Link] operating systems and file systems doesn't always erase physical file
data, allowing investigators to reconstruct it from the physical disk sectors. File carve is
involves checking known files and its headers within a disk and reconstructing erased or
removed materials.A method which uses stochastic properties of the PC(COMPUTER/S
SYSTEM) system to research activities lacking digital artifacts. Its chief use is to investigate
data [Link] of the techniques used to hide data is via stenography, the process of hiding data
inside of a picture or digital image. An example would be to cover pornographic images of
youngsters or other information that a given criminal doesn't want to possess discovered.
PC(COMPUTER/S SYSTEM) forensics professionals can fight this by watching the hash of
the file and comparing it to the first image , While the image appears precisely the same, the
hash changes as the data [Link] seizing evidence, if the machine is still active, any
information stored solely in RAM that is not recovered before powering down may be lost.
One application of "live analysis" is to recover RAM data for example, using Microsoft's
COFEE tool, WinDD, Windows SCOPE before removing an exhibit. Capture GUARD
Gateway bypasses Windows login for locked PC(Computer/s System), allowing the analysis
and acquisition of physical memory on a locked PC(COMPUTER/S SYSTEM).
RAM are often analyzed for prior content a, because the electrical charge stored within the
memory cells takes time to deplete, an exploited by the cold boot incursions. The length of
your time that data is recoverable is increased by low temperatures and better cell voltages.
Some of the tools needed to extract volatile data, however, require that a PC(COMPUTER/S
SYSTEM) be during a forensic lab, both to take care of a legitimate chain of evidence, and to
facilitate work on the machine. If necessary, enforcement applies techniques to maneuver a
live, running personal PC(COMPUTER/S SYSTEM) . These include a mouse juggler, which
moves the mouse rapidly in small movements and prevents the PC(Computer/s System) from
getting to sleep accidentally. Classic analysis of forensic includes in detailed review and
evaluation of fabric on the media, checking the Windows registry for suspect information,
cracking passwords, keyword searches for topics associated with the crime, and extracting e-
mail and image for critical analysis and review.
89
CASE NO.1
One camplainant [Link] Patel lodge a complain against GOOGLE PAY /olx for onliine
shopping [Link] Pay is onliine transaction third party pplication and OLX is a onliine
purchase and/or selling mobile application /web site for house hold items.
As per his statement,He kept one house hold item on sale on [Link] buyer had contacted
him and shown interest to buy the said [Link] deal was finilised in 14000 [Link] had asked
[Link] to share his Google Pay bar code to transfer [Link] pay is third party
application for onliine money transfer which enables smooth payment transaction irrespective
of banking [Link] had received msg of 10000 rs in his mobile application When
he initiated to tranfer that amount from google pay wallet to his bank account ,he got a massage
of 10000 rs deduction from his account,which was deposited in to that buyer’s
[Link] called buyer and Buyer admitted that it was done by [Link],now total
deal money 14000rs and 10000 [Link] money,so sum of 24000 Rs need to transfer
[Link] by [Link] on when Buyer initiated 20000 rs transaction on Mitesh google
pay,[Link] noticed that again 20000 rs has been deducted from his bank [Link] total
30000 rs has been deducted from account without knowledge of [Link],[Link]
lodged a comlaint tof 30000 rs fraud against GOOGLE PAY /OLX app.
His complaint copy has been pasted here on next page

90
91
CASE NO 2.
[Link] Thakkar from Ahmedabad lodged a complain of fraud of 19,999rs thru google
pay .
He has done this transaction using UPI Id and he got deduction of amount notification instead
of credit notification.
CASE NO 3
This is case of JOB FRAUD.
One man accused of duping people on pretext of offering jobs [Link] was arrested by Cyber
Cell Crime branch Ahmedabad in [Link] disguised himself as a owner of Rudrax worldwide
private [Link] was using [Link] domain for duping [Link] cyber cell has
done in dept analysis of mobile number and domain used in this racket and clinch accused
[Link] Divakar Ghosh from Palam area,New [Link] has made fake email id and
done fraud with one Indian Dr,gridding him and offer a job in America and done transaction
of 5.57 lack from victim to his bank [Link] was earlier working in
[Link],[Link] and other international companies as senior agent.
CASE NO 4
Cyber Cell Ahmedabad arrested four persons from Delhi for misusing a National Loan Scheme
and defrauding victim from Ahmedabad of large amount of [Link] years old Sagar
Sharma and Sonu Singh both resident of Delhi along with Kanchana Chauhan and Suman Paul
both residents of Uttar Pradesh were arrested four conning unsuspecting victims seeking loans
thru misuse of the ‘Pradhan Mantri Mudra Loan Yojana’.After the cyber crime cell receive a
complaint from a victim who had been defrauded of Rs.1 Lack in the name of receiving a loan
from the Mudra Loan scheme,The police team conducted a technical analysis of the web site
named ‘breachcapital’and sent a team to [Link] raided a call centre running at sector
7,Rohini car market and arrested four [Link] the main believed to be running this
racket,Anil joshi who also owns the call centre is [Link] team seized 22 Mobiles with
data script and 13 registers with details of victims.
The complainant had stated that he had got a call from Payal Sharma and Nehal Sharma who
had been asked him to send |Adhar card,Pan card and Bank Statement and fill up a [Link]
later on sent him a letter purportedly signed by the assistant director of Khadi Village and
Industries commission(KVIC).approving his [Link] had taken Rs.1 lakh from him as file
charge,advance EMI and NOC charges.
Anil Joshi had created a phishing web page named Breach Capital and had worked upon its
search Engine Optimisation(SEO),so those seeking loans and searching for it onliine,would
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come acrros the site and apply on the website. If one opens the link,It will seek email ID ,phone
numberLoan form and other documents from unsuspecting [Link] prepetrators would
then call up the vixtims seeking Rs.25000 as file [Link] would send a letter purportedly
signed by assistant director of KVIC and then further seek advance EMI,NOC charges and
Loan transfer charge to dupe the victims.
CASE NO 5:
Memanagar woman files cheating complaint with cyber cell after receving recept of ‘payment
for gifts’in her nickname.
An un happy marriage led a 47 years oold woman in Memnagar area to seek friendship
[Link].a person she be friended onliine cheated her Rs 7.5 lakh in the process.
Ankita Parekh(name changed for privacy reason)had filed complaint with cyber cell
Ahmedabad in this regards.
Ankita stated that she was not happy with the marriage with Paresh and they have decided to
get separate once found any good [Link] months ago ,She got a friend request on social
media web site,Facebook from a person named Ben [Link] accepted the request and the
duo started chatting onliine.
They have also shared their cell numbers and even started chatting on WhatsApp.
Morris introducedhimself as a civil engineer and claimed to be a resident of UK along with
his five years old [Link] a period of time ,Morris proposed marriage and reportedly he
was telling to visit India and wanted to stay for six months in [Link] alos stated that
Morris sent him gifts including jewellery,I phone 7s and rolex watch among other things.
In July ,Ankita received a call from person calling herself Sumita Chaudhary,claimed to be a
custom officer who informed her that if she intended to receive her gift,She will have to pay
50000 as custom charge,to which she [Link],In the name of various charges
Ankita deposited a total of Rs 7.5 [Link] She was asked for more money Ankita sought for
a receipt to which she received a fake certificate in the name of ‘Ministry of Finance, Dept of
Revenue.’This is when her suspicion grew that she had been cheated and filed a complaint with
the cyber cell Ahmedabad.
She stated that she was operating Facbook under her nick name and certificates which she had
received was with nick [Link] government certificate comes then it will definitely had the
official name instead of nick name.
DCP Jhala said investigation is underway and currently working on technical issue and
payment flow.
This was the perfect case of social media fraud.
93
  People should refrain from accepting friend request from unknown [Link] even
if they accept,they should not share their personal or fianancial details with such
persons.
 If someone receives a call then it should be verified with a caller identification service
as it ill be spammed by such services if the same number has been used in some fraud
earlier.
 People do complain against such numbers onliine,so the number can be googled as a
precautionary measure.
 No customs officials communicates by calling up and demanding [Link] alwas
communicat through legal notice as part of their investigation.
CASE NO.6
A 52 years old lady Doctor,working as psychological counsellor has filed a complaint against
the customer care executive of onliine saree store for cheating her of Rs 9344 by coaxing her
to download an app,divulge bank debit card and OTP details.
She purchased a saree of worth Rs 999 from onliine store named Great India [Link]
,the saree that she received was not one she [Link] complained to the customer care
executive and Rahul Sharma who received the call asked her to download the
app’ANYDESK’to modify her saree order or get a [Link] taken details of her two debit
cards and withdrew rs.9344 by asking for her OTP [Link] got realized she was cheated after
she reached [Link] promised her that money will refund in account in 24 [Link]
money was not transferred and he was unfazes even she threaten to file police complaint.
CASE NO 7.
The Ahmedabad cyber crime cell fake call centre in New Delhi nabbing five accused in job
scam in Ahmedabad.
While accused Praveen Malikis absconding,police officails busted their call centre running
with the moduc operandi of giving job advertisements in different news papers and waiting for
calls from aspirants,then going to defraud them of huge sums of money.
20 yesr old boy was cheated in this [Link] crime traced the mobile ID of the number the
victim had been [Link] technical analysis showed it was from [Link] had raided in
Uttamnagar and arrested Sayeen,Anita,Nitu,Anita and Seemakuamri and Arti in this racket.
They were run this call centres in the partnership and used to give advertisement in news
[Link] seized 14 phones,5 debit cards,16 sim cards,6 registers and one laptop from

94
[Link] call centres have ben hub for such fake scam in 6 [Link] logs shows that they
received 8853 calls from Gujarat.
CASE NO 8.
Ahmedabad cyber crime cell regirter a case against cyber crook who be friended a minor gilr
on Instagram posing as woman beautuician and asked for her nude [Link] 17 year old girl
has sent friend request,apparently from a fake profile that contained a woman identity and
[Link] begun to chat and that so called woman identified her self as [Link]
cyber crook and had sought nude photographs of the minor for body fitness and
[Link],the minor refused,but the ‘woman’earned her trust by sending nude photos hat
were supposedly ‘her’[Link] minor then sent her own smei nude [Link] tone of
beautician changed as soon as she received photogrpahs and identified herself as male and
started demanding nude videos of the [Link] the minor refused he threaten to make her
semi photos viral on the [Link] also sent two mobile numbers to her caliming that they
were from [Link] minor instantly blocked the number instead of succumbing to the
[Link] accused then strated pressuring minor by sending nude videos thru different
Instagram [Link] the minors father was informed of his daughter’s nude photos
on Instagram by her relative settled [Link] lodged complaint with the cyber [Link]
has identified the accused was from sri lanka as per IP address used in this blackmailing.

CASE NO.9
CYBER FALSIFICATION CASE
Cyber cell arrested one Ghulam Fared Shaikh for an alleged case of falsification in which he
had allegedly obtained BJP membership for Pakistan PM Imran Khan,a rape convict Asaram
and raep accused Gurmeet Ram Rahim [Link] later uploaded those membership cards on
social media.
Ahmedabad city general secretary of BJP,Kamlesh Patel stated in his FIR that accused
circulated fake membership cards of said people to harm reputation of the rulling [Link]
had initiated membership drive for which part had issued cell number on which a person can
make a call to become primary member of the party.
If a person uploads his personal information,photograph and cell phone number on web link
given through a text message after making a call to the party’s number ,then he would be given
a membership card with party’s [Link] card called E-CARD with unique number beign given
to member.

95
As Patel stated in his FIR,’Ghulam Fared Shaikh circulated the E CARD images on various
WhatsApp groups to tarnish the reputation of BJP.
Cyber cell registered a case against Shaikh under IIPC U/S 465(falsification),469(falsification
for purpose of harmings reputation) and 471(using as genuine a forged document or electronic
record) and U/S of 66-C Information and Study ACT(Punishment for Identity theft).
CASE NO 10.
One more victim [Link] Patel resident of Ahmedabad had lodged complaint against
PayTM for fraud in onliine [Link] he has not done any transaction from his side
in this app,total of 30,600 Rs has been deducted from his account in favor(aid) of PRCR
PAYTM NOIDA in four different transaction wide First is of 700 Rs on Sept 2018,Second is
of Rs 10000 on Jan 2019 ,Third and Fourth is of Rs 6500 and Rs 13400 sub sequently on very
next day of second transaction. All this money had been deducted from his Baroda bank saving
account no.03380100021395.
CASE NO.11
An elderly businesswoman from Ahmedabad, Gujarat lost nearly Rs 1 lakh to cyber fraudsters
while trying to get a refund for kurtis she had ordered from a website and returned as they were
of improper sizes. The 65-year-old victim, identified as Nutan Vij, resides in Lajpatnagar
Society in Navrangpura area and owns a pest control business. In her complaint to the police,
she stated that she, on November 23, had ordered three kurtis from a website for Rs 2,272.
When she received the order, she found that the kurtis did not fit her. She returned them and
applied for a [Link] sexagenarian got the refund for only one of the three kurtis. She then
searched for the website’s customer care number on Google. “She called the number and a man
who identified himself as Rahulraj told Vij that he was sending her a link that needed to be
filled up for her to get her refund. Vij was assured that all details would be kept confidential.
When Vij opened the link, it took her to a ‘surveymonkey’ link in which she filled her credit
card details,” a report by Ahmedabad Mirror quoted the elderly [Link], then, got five
OTPs on her mobile phone, of which she shared three with the person on the call. She
immediately received alerts regarding withdrawal of Rs 99,662 in three transactions. Realizing
that she has been cheated, she approached Navrangpura police and lodged a complaint.

96
ANALYSIS OF DATA COLLECTON:
Researcher had prepared some objectives and done some survey on cyber crime knowledge
and awareness of people of Ahmedabad [Link] findings are as below..
Researcher had done survey in 5 category of people ,which includes
Childern,Teenagers,Collage Students,Office employees and women(working/non
working).According to categorization,researcherhad visited some primary and higher
secondary schools ,collages of Ahmedabad,some govt. and private sector offices as well as
some societies in residetial area’s.
In each category ,researcher had done survey on minimum 35 to 40 peoples and taken 30 people
feedbacks in count of analysis for precise calculation of data [Link] has measured
awareness in very simplified way,If a person knows and answers positive in minimum 20
questions ,out of [Link] person is AWARE of cyber crime and Internet usage pros &cons with
respect to this survey questionarrie.

30

25
[Link] PEOPLE

20

15

10

0
CHILDREN TEENAGERS COLLAGE OFFICE WOMEN
STUDENTS EMPLOYEE
CATEGORY OF PEOPLE SURVEYED

INTERNET USER AWARNESS

As per this survey,researcher had concluded with some interesting fact and figures ,which will
help us to spread awareness of cyber security more and more in society to prevent our selves
from cyber offense/s and make safe and secure [Link] wise data presented as
per below.
[Link]:Out of 30 chiildren ,23 chiildren are using internet thru mobile and laptop and no
one is aware about cyber crime or cyber offense/[Link] the contrary they feel good while using
mobile [Link] chiildren knows that access of mobile use may lead to damage in

97
[Link] way of asking questions were in local language or according to understanding of the
each covered chiildren.

[Link]:
This group is highly influenced with social media [Link] 30 teenagers were using internet
very much frequently thru mobile and other [Link] 30 were using but awareness is
lessOnly 12 students have 40% or more knowledge on cyber crime and related
[Link] don’t know about the campaigns and web sites names for safety and
awareness running by Gujarat government.
[Link] Students:
This category revealed some more interesting data .All 30 persons were using internet in mobile
and PC(Computer/s System).Out of 30 students surveyed,22 students have more than 50% of
knowledge on said questinarrie,However they are not taking corrective steps barring keeping
passwords,safe guard softwares and safety locks in their [Link] is more harmful where a
person knows better about the consequence of certain things and he is not taking any corrective
action against it or to prevent it for better [Link] group knows well on current cases
of cyber crime and fraud done in onliine shopping in recent time in [Link] all are in
favor(aid) of spreading more awareness thru special force.
[Link] Employee:
Reseacher had surveyed on office employees who are using PC(COMPUTER/S SYSTEM)
system on their desk and/or [Link] researcher had taken survey of office head to peon
in count for better clarity and [Link] surveyed office employess had responded well and they
have good knowledge of cyber crime,cyber Offense/s and cyber [Link] of 30
employees,80% employees are using office internet or office computors in safe mode or in well
secure mode to prevent office data and transaction of any kind of paper documents from loss
or [Link] who are not using internet frequently also have good knowledge on said
[Link] feel it is better to keep knowledge of cyber crime and security to make
aware of their chiildren .90% employees are in favor(aid) of child education of Cyber crime
and related knowledge.
[Link]:
One more group highly using social media with least knowledge of its pros and [Link]
got poor response from [Link] 30% women have some idea on this as per [Link]
wanted to make their child aware about it but don’t want self awareness.60% woman were

98
house wife and they feel hardly they get time to use social media in a day so without thinking
much they are using.
4 working woman were knew about some woman helpline application.13 women were knew
about fraud in onliine shopping.

Sample of questionairae:

[Link] you know about Cyber Crime?

[Link],I know
[Link],I don’t know
[Link] you know laws of Cyber Crime in India?
[Link],I know
[Link],I don’t Know
[Link] you know the types of Cyber Crime?
[Link],I know
[Link] Idea
[Link] you know about the role of Police in Cyber Crime?
[Link],I know
[Link].I don’t have any Idea
[Link] you know the process to register a complaint against cyber crime?
[Link]
[Link]
[Link] you taking any steps for onliine safety?
[Link],I am.
[Link]
[Link] you know what are the steps to be taken care for onliine safety?
[Link] ,I know it.
[Link] ,I don’t know
[Link] is a mode to commit Cyber crime?
[Link]
[Link]
[Link] you know about Haccking?
[Link],I know it.

99
[Link],I don’t know
[Link] you knoww Phiishing3?
[Link],I knoww
[Link],I don’t knoww
[Link] you know what’sTrojjaan Incursions?
[Link]
[Link]
[Link] youu know smartphone is one of the tools to commit cyber offense/s?
[Link] is.
[Link],Not really.
[Link] you using anySocial Media?
[Link]
[Link]
[Link] you know social media is one of the cause for cyber offense?
[Link]
[Link]
[Link] you know about the safety steps to be followed while using social media to prevent
cyber offense?
[Link]
[Link]
[Link] you know influence of social media in cyber crime?
[Link]
[Link]
[Link] you know the effect of social media majorly on teenagers and youngsters?
[Link]
[Link]
[Link] you know about the effect of social media especially to women?
[Link]
[Link]

[Link] you know about the effect of social media /internet on chiildren?
[Link]
[Link]

100
[Link] you know about the pros and cons of onliine shopping?
[Link]
[Link]
[Link] you know about the cyber offense/s can be committed while onliine shopping?
[Link]
[Link]
[Link] you come across any fraud during or after onliine shopping?
[Link]
[Link]
[Link] you know about any cyber offense/s in banking sector like in Credit card,Debit
card or loan frauds?
[Link]
[Link]
[Link] you ever lost your money during onliine transaction with or without OTP?
[Link]
[Link]
[Link] you know what corrective steps needs to be taken in such kind of fraud?
[Link]
[Link]
[Link] you know about safety steps for using internet.?
[Link]
[Link]
[Link] you come across any kind of fraud or cyber crime offense/s while using internet?
[Link]
[Link]
[Link] you know what is Digital Signatur(Autograph or endorsement0?
[Link]
[Link]

[Link] you know about digital Signature(autograph or endorsements) being safe than
manual autograph or endorsement?
[Link],I know
[Link],I don’t know

101
[Link] this era of digitalisation, cyber crime is increasing day by day So, do you feel this
digitalisation is required ?
[Link]
[Link]
[Link] you know about the effect of pornography in commission of cyber crime?
[Link]
[Link]
[Link] you know types of Cyber crime offense/s vai Email?
[Link],I know
[Link],I don’t know

[Link] you know what is cyber terrorism?

[Link],I know
[Link],I don’t know
33. Are you aware about the impact of cyber crime on the economy?
[Link]
[Link]
34. Do you know about the annual loss caused to the world by cyber criminals?
[Link]
[Link]
[Link] you know about the difference between hackers and ethical hackers?
[Link]
[Link]
37. Do you think, government should bring appropriate Amendmentt/(reformation) in the
Information Study Act?
[Link]
[Link]

38. Do you feel that the excess and uncontrolled internet access is responsible for
increase in the cyber offense?
[Link]
[Link]

102
 39. Do you feel the necessity of introduction and knowledge of cyber security at school
level?
[Link]
[Link]
40. Do you feel that as an individual we are the one who held responsible for
cyber offense?
[Link]
B. No
41. Do you feel that separate force is required to crack the cyber criminals?
[Link]
[Link]
42. Do you think any common platform is required around the world against cyber
offense
[Link]
[Link]

43. Are you aware about the importance of cyberspace in today's fast moving world?
[Link]
[Link]
44. Do you feel the need of regulation for the usage of cyberspace?
[Link]
B. No
45. Are you aware that unnecessary onliine advertisements are one of the cause of cyber
Offense/s?
[Link]
[Link]
46. Are you aware that uncontrolled access to Wi-fi is one of cause for commission of
cyber offense?
[Link]
[Link]
47. Are you aware that sharing of your personal PC(COMPUTER/S SYSTEM) system
with others may lead to cyber offense/s?
[Link]
[Link]
103
 48. Are you sharing your password , PIN details to anyone?
[Link]
[Link]
49. Are you aware that internet is the only cause of cyber offense/s?
[Link]
[Link]
50. Do you feel that the internet is a menace or a boon?
[Link],It is.
[Link]
51. Do you feel appropriate to use digital lockers?
[Link],We should use.
[Link],Not worth.
52. Do you feel digital lockers are safe to use?
[Link],Of Course
[Link] Idea.
[Link] you know what is Ransom ware ?
[Link],I know
[Link],I don’t have nay Idea.
[Link] you know what is Gambling onliine?
[Link],I know Onliine Gambling.
[Link] Idea.
[Link] you know what is onliine falsification?
[Link],I know.
[Link],I don’t Know

 It took 206 days on average to identify a breach in 2019.

 95% of malware is delivered via email.
 In 2019, over 43% of data breach victims were small businesses.
 The banking industry incurred the most cybercrime costs in 2018 and 2019, the average
cost of which was $18.3 million.
 By 2021, cybersecurity services are expected to account for well over 50% of budgets.
 Sixty Nine percent of companies see compliance mandates driving spending.

104
  Fifity Three percent of companies had over 1,000 sensitive files open to every
employee.
 Cyber crime statistics worldwide show that 22% of all folders were available to every
employee.

Rearcher had also studied some important Indian cyber case studies which has mentioned
below.
[Link] Call Center Fraud case
Few of the ex-employees of BPO arm has been defrauded United States Customers of Citibank
for Rs 1.5 crores. It has been raised a concern of various cyber crime cases including the role
of "Data Protection"tool.
It was obviously committed to use "Unauthorized Access" done to the "Electronic Accounts
Space" of the purchasers,under the domain of "Cyber Offense/s".
It can be considered as a deep criminal offense with the effective utilization and use of a Written
Documents as well as cheating,some conspiracy and breachh of ttrust.
In the Indian law it was clearly recognized under U/S 66 and Article 43. . Accordingly, the
man or woman/s who're concerned and they're answerable for imprisonment and a few nice
additionally as a legal responsibility to pay damages to the sufferers to the maximum volume
of Rs 1(one) crore in line with sufferer that the Adjudication Process are frequently used and
invoked.

[Link] [Link] CASE

India has seen its its first matter of cybercrime conviction in 2013. It was all has been began
after a complaint which was filed in police station by Sony India Pvt Ltd, which has run an
internet site called [Link], targeting all Non-Resident Indians who want
to gift some some items to their reletives. The website facilitate and enables this NRIs to
sennd purchasaed Sonyy products to their friendss andd relativees in India after theyy buy
that product onliine.

The company delivers the same purchased products to the concerned reciever. In May 2002,
consistent with the cybercrime case study, someone logged onto the web site under the
identity of Baarbara Champa and sh.e had ordeered a Sony coluor TV and a corrdlless
headphonne. She gave her maastercard credd1it noumber for payyment proccesss and
requestted the pr1oducts to be delivered to [Link] Azzim who liives in UPNoida. The
105
paymmentt waas dulyy cleared and debited by the mastercard agency, and so on the
transaction has been processed. Product also has been delivered to [Link].

At the time of delivery at door step, the corporate executive of sony has taken some digital
photographs which was showing the delivery of color TV is being accepted by [Link].
Finally,the transaction has been closed at that time without any ambiguity, but after almost one
and a half month the said mastercard agency informed the corporate Sony that this was an
unauthorizzed traansactions has been done becau3se the r1eal owwner had denied to have made
the colr TV [Link] the same time the Sony company had lodged a complaints of onliine
cheatting at the CBII head quarters which has been registered and mentioned in a case
summary under Article 418, 419 and 420 of the Indian legal penal code . [Link] Azim was
arrested during investiigations. In Investigaations,It was found and revealed that Arif A has
gained access to the masstercard number of a credit card of an Ammerican national citizen
while performing this in call centre at Noida which he has misused and forge on the company's
official onliine purchase website.

The CBI. recovered the sony company color television from Arif azim home and therefore the
cordless headphone, during this one among a sort cyber fraud case.. The court convicted Mr.A
Azim below Article 418, 419 and 42O of the Indian felonypenal code - this being the number
one1 time that cyybercrime has beeen convicted.1The courtroom dockett at a time felt that due
to the accused.

3. Andhhra Pradessh Ta.x Case

In Andhra Praddesh a prominent business man was exposed after an officials person of the
department got hold of all PC(COMPUTER/s)system, employed by the accused in one cyber
fraud cases in India. A big plastic firm owner person had got arrested with 22 crore of hard
cash, It was recovered from his own house by staff of the govt. Vigiilance Department. They
sought and tracked an evidence from him regarding the unaccounted and un tracked hard cash
within 10ten days.

Total of 6K plus vouchers had been submitted by accused to prove the justice of trade and
thought his offense/s would have been go non-detected but even after careful scrutiny of all
vouchers including PC system and its all contains, it was revealed that all the data were made
after the raids been conducted. later on it was reveealed thatt acccused run 5five businesses

106
under the guiise of one companyy or organizations and used 1fake and digital vouchers to
point out sales records and save all tax.

[Link] Pneumatics (India) Pvt. Ltd. vs. Jogesh JKwatra

It a primary case of cyber defamation in india, the supreme court assumed important judgment
on this matter/

The defendant Mr. JKwatra , who was an employee of plaintiff company he was started using
company systems and PC(Computer/s System) for sending derogatory and defamatory,
obscene, vulgar, filthy and some abusive kind of emails to his employers on different kind of
subsidiaries of the company everywhere in the earth with the aim and motive to defame or
destroy the corporate company and its director Mr. R Malhotra. The company plaintiff filed a
suit and complaint for permaneent ijnjunction restraininng the defendantts from doing his/her
illlegal acts of sending derogatoryy emails to the plaintifff.

Nassscom vs34. [Link] Soood & Others

In a landmarrk juddgment in the case of Nationnal Asssociation of Sofftware and Services
Companiies vs. [Link] Soood & Others, presented in March, 2OO5, the Delkhi High
Courtt declared a action of 'phishiing' on the innternet to be an iillegal [Link], entailing an
injunction and recoverry of damaages. A cybercrime case studyhas been conducted on the
same.
Elaboratining on the conncept of 'phisshing', in order to layy down a preceedeent in India, the
court statedd thatt its is a form of iInternet frauaud where a person prettends to be a
legiittimate associaation, such as a ban4k or an ins8urance companny in orrder to exttract
personaaall data from a customer/s succh as accecess codes, paassworrds, etc. Personal data
so collected by midrsrepresennting the ideenntity of the legitiimate parties is commmonly
used for the collecting party's aadvantage.
HC also mentioned criticaal00l and typical scamm of phisihing invollve persons who pretend
to represent onliilne banking system and siphon cash from e-banking accounts after conning
consummers into hannding over confidential banking details.

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[Link]

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9. 9Cyber Terrorism
In the case of Mumbai Cyber terrorism , this case of cyber terrorism was its first project. One
threat E mail has been sent to the BSE and NSE, at on Monday morning .Cyber Crime
Investigation Cell team and Mumbai marg police team working together in this cyber crime
case, then accuussed has beeen deaitained. The IIP addrress had beeen traceed to
[Link] this Cyyber ceell team had checked any perrssonal details, two cell snumbers
and IDs deetails were found, which belongeed to a pphooto-frrame maker in Biihar,Patana.

Several Personal Cases also researcher has quoted here…

1. Cyber crime cell Police had been arrestedd 1one Husbend for a charge of
misleaeading his wife’s personal faceboook account, as one of the cyber case in India. On
the basis of dought Husbend has hired an professional ethical haccker to hack and check his
wife’s facecebook account so he can find some evidences clipings as well regarding her bad
character.

2. In Mumbai one woman’s personal system webcamm was axccessed to cappture her
privvaate vivideos cliips and possted on one iilllegal websitesite using some mwarealware
Trozzzen and or Mallwware. It was acknowledge when a person went for an interview.

3. The cybberr fraud case of dupliiccation of a S1IM card was rgegistered with the
police when a bussinesssman from Ahhmedabadd ca4ught weind of it. Businessperson has
registered a commplaaint under the cyber and financial crime to cyber crime station since the
defrauauders had submmitted fabbrricated and [Link] documments with the mo8bile company
to gaiinn the businessperson’s perrsonal detetails from company.

4. In a soccial meddia related cybercrrime compplaint, a famouous Gujaraaati singer

claiimed that herr ph9otos were bieingg used by an unkn4own men, sayying they were
gotmarried and had a 1child toggether.

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5. To gaain perssonall revevenge, an exb-boyfriend, worrkking as a sgoftware
enggineer, posted his ex’s personnall cellp5hone number on a 24.*7. deatting servrvice
helpliine, was arressted din a leadding cyberrrcrime Ahmedbabd case.

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CHAPTER 4

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