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UNIT-1
DEFINING CRIME

1.1.INTRODUCTION
1.2.OBJECTIVES
1.3.STRUCTURE
1.3.1. DEFINING CRIME
1.3.2. CYBERSPACE
1.3.3. INTERNET
1.3.4. COMMUNICATION THROUGH INTERNET
1.3.5. CONCEPT OF CYBERCRIME
1.3.6. CYBERCRIMINALS
1.3.7. ORIGIN/DEVELOPMENT OF CYBERCRIME
1.3.8. NATURE AND SCOPE OF CYBER CRIME
1.3.9. CAUSES FOR INTERNET CRIMES
1.3.10. DIFFERENCE BETWEEN CYBERCRIME AND TRADITIONAL
CRIME
1.3.11. CLASSIFICATION OF CYBER CRIME
1.3.11.1 CRIME AGAINST INDIVIDUALS
1.3.11.2. CRIME AGAINST ORGANISATION
1.3.11.3 CRIME AGAINST SOCIETY
1.3.12. FREQUENTLY USED CYBERCRIMES
1.3.13. DIFFERENT CHANNELS OF CYBERCRIME
1.3.14. IMPACT OF CYBER CRIME
1.3.15. PREVENTIVE MEASURES TO COMBAT CYBERCRIME
1.4.SUMMARY
1.5.SAQS
1.6.REFERENCES
1.7.SUGGESTED READINGS
1.8. TERMINAL QUESTIONS AND MODEL QUESTIONS

1.1.INTRODUCTION
Crime is a social and economic phenomenon which goes against legal obligations and certain
moral sentiments developed in the history of human society. In ancient days any conduct

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offending the interest or threatening the security of mankind was a crime. Crime is a dynamic
concept which changes with social transformation. As the societies grow and with new and
advanced science and technological developments new forms of crimes began to emerge.
Present world is experiencing the growing importance of internet in every sphere of life.
Undoubtedly, the crimes in cyberspace are also growing fast. This unit in specific discusses the
introductory part of crimes committed thorough internet.

1.2.OBJECTIVES
The study of the chapter will make students understand

o The concept of crime

o The Origin and Development of Cyber crime
o Classifications of Cybercrime
o Impact of Cybercrime and its challenges
1.3.STRUCTURE
1.3.1. Defining Crime
The word crime is derived from a Latin word ‘Crimean’ which means ‘charge’ or ‘cry of
distresses. It typically refers to an intellectual mistake or an offense against a society or an
individual. Crime is an act which is deemed to be socially harmful, unacceptable and is
punishable by law. This approach to the concept of crime changes according to the social,
political, psychological and economic structure of a society. Several factors like sociological
factors, psychological factors, circumstantial elements etc, influences the criminal activity of
an individual or a group. Crimes are again of different types like monetary crime, Sexual
crimes, Political crime and miscellaneous crimes. With the advent of science and technology
crime also has completely taken a new dimension. It has grown to that extent that it is measured
in hours and minutes rather than months and years.

1.3.2. Cyberspace
Cyberspace is a term used to describe the virtual world of computers. William Gibson coined
the term ‘Cyber space’ in his book “Neuromancer” in the year 1984. In simple words it can be
stated that Cyberspace is an intricate environment that involves interactions between people,
software, and services. This is in fact controlled by the worldwide distribution of information
and communication technology devices and networks. Due to the advancements in technology
and increase in networks and devices connected, the cyberspace today serves as a common
platform for users from different fields that it has become difficult to define a clear boundary
among the different groups. People involved in cyberspace, use of computers, Information
technology and internet are known as ‘Netizens’. It is a word coined from the association of
two words ‘Internet’ and ‘Citizen’. Cyberspace can be considered to be global village in the
electronic world with instantaneous communication and no geographical boundaries.

1.3.3. Internet
Due to the significant development of computer technology, the present generation cannot
imagine a life without computers. They have invaded every aspect of life and the impact is that
it has created challenge even to the fundamental principles of law. The administration of
Internet is not in the hands of any individual, Government, Corporation or firm. It includes a

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network of hundreds and thousands of computers connected to use common data transfer
protocol or exchange of information with other computers. This series of networks of
computers is called as “Internet”, which has the quality of rapidly transmitting communication.
Information available at any link means information is available to all connected with that link
and there is no individual to control all the information that is available in the Internet.

1.3.4. Communication through Internet

In order to understand the legal issues involved one should have a thorough knowledge of the
means of communication available to transfer through Internet.
In general, there are three means available for a user to access Internet.
(i) Direct Access- In this mode a user can be directly linked to the Internet without
an intermediary. Generally, Government offices, Educational Institutions,
Business establishments maintain a computer network linked directly.
(ii) Service Providers- Here certain commercial entities provide Internet facility to
general public in lieu of the fee paid, thus making a commercial use of the
Internet.
(iii) Commercial online Service- Here the commercial entities provides direct access
to their own content, to the users of their service without any fee.
Exchange of communication through Internet is done by different modes.

1. One to one communication (e.g. E-mail)

2. One to many communication (e.g. List server)
3. Sharing of information databases. (e.g. USENET)
4. Real Time Communication (e.g. Internet Relay Chat)
5. Real time remote computer utilization (e.g. Telnet)
6. Remote Information retrieval (e.g. World Wide Web)
As Technology is growing at a faster pace, there are certain issues like security of transactions,
privacy, protection of children against easy access to inappropriate contents etc. that has to
address urgently with a strict legal regime.

1.3.5. Concept of Cybercrime

Cybercrime is the term used to refer electronic offenses, e-crimes, white collar crimes etc. In
other words, any illegal activity carried out with the help of computer, Internet or electronic
gadget is called as ‘Cyber-crime’. The phenomenal growth of Internet has provided new
panorama to the increase of computer related crimes. Here computer or the data itself is the
target of offence or a tool to commit any offence. The term ‘Cybercrime’ or ‘Computer crime’
are the terms generally used and includes a wide range of activity ranging from unauthorised
access to computer or the data stored in it, trafficking in passwords, transmission of
pornographic material, selling pirated copies of software etc. Hence currently the term
‘Computer-Related crime’ is widely used. However, in a specific context, ‘Computer Crime’
is where the criminal has an expertise in computer technology. In ‘Cybercrime’ the perpetrators
use their specialised knowledge and skills on cyberspace.
A computer crime is defined by the US Department of Justice as “An illegal act requiring
knowledge of computer technology for its perpetration, investigation or prosecution”. But the

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definition is not exhaustive and it can also be plainly defined as “Crimes directed at a computer
or a computer system”. However, cybercrime is complex in nature and cannot be expressed in
simple terms.

1.3.6. Cybercriminals
Cybercriminals also known as hackers are individuals or a group of people engaged in
malicious activity with the use of computer as a tool or a target. It is highly difficult to identify
hackers as they use various security measures to hide their original identity. Their intent is to
steal sensitive information of an individual or an organisation to generate profit.
Cybercriminals use various methods to achieve their objective, and their proficiency depends
upon the advancement of technology. Growth of global cybercriminal network poses a great
threat to the society.

Types of Cyber criminals

a. Identity Thieves
These are cybercriminals who try to gain access on the victims’ personal details like-
name, address, credit card information etc. Initially hackers used the technique to
modify the data or uncover the desired information. But due to the advancement in
computing the identity thieves manage to hack government or corporate database
leading to major losses.
b. Internet Stalkers
Internet stalkers are criminals who monitor the online activity of the victim with a
malicious intent. The motif of such attacks is mainly to blackmail or for bribery.
c. Phishing Scammers
Phishers are cybercriminals who try to get a hold on the personal information of the
victim. Later this is used for identity fraud scams or they sell it in the dark web.
d. Cyber Terrorists
Cyber terrorism is a cyber-attack done with a political intention, where the criminal
attempts to steal data or corrupt government system or network resulting in harming
the country at large.

1.3.7. Origin/Development of Cybercrime

Historically, abacus can be called the earliest version of a computer and hence history of
computer dates back to the origin of abacus in ancient nations like India, China and Japan for
more than 5000 years. During 1950’s, the size of computer was so big that it occupied the space
of an entire room and was too expensive to operate. Few people who had the knowledge of its
operation were allowed to work on it. People started using computer individually when IBM
introduced its stand-alone “personal computer” in the year 1981 thus exposing them to get
access to wide database storage.

The first cybercrime took place in the year 1820 when Joseph-Marie Jacquard’s textile
employees sabotaged the new technology fearing that it would threaten their livelihood. This
was the first recorded cybercrime. In the 1960’s when computer was the size of a transistor,
offences focused on physical damage of the system and its stored data. The next ten decade

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saw a change in the nature of crime which included the illegal use of computer systems and
manipulation of electronic data. The 1980’s saw emergence of software piracy and spread of
malicious software and computer viruses, worms etc. 21st century saw new trends in cybercrime
like phishing, e-mail bombing, data-diddling etc. Computer technology which has improved
the quality of life has also paved way for increased cybercrime threats on a daily basis.

1.3.8. Nature and Scope of Cyber crime

Crime is a social phenomenon and criminal laws and punishment have been in existence for
ages. Cybercrime is that which takes place in virtual world, more unreal and everlasting and
hence it is a difficult task to keep a check on it. The nature and scope of this crime changes
with the advancement in technology. Complexity of a crime is determined by the complexity
of a society. The socio-economic and political structure of the society should be able to keep a
track on such crimes. Computer technology has put an end to barriers of time and space making
life convenient bringing people closer socially and culturally. This has brought unmanageable
ambiguity to cybercrime, making it difficult to identify from the legal aspect. Cybercrime is a
global threat, which demands International understanding and regulation. The evolution of
Internet Technology has provided a wider scope for criminals to execute crime with the least
notion of being detected. This does not require physical strength and only the technological
know-how helps the individual in committing the crime. They are silent in nature and could be
committed in privacy without the need to reach the victim physically. One salient character of
cybercrime is that it is committed with a single click on the mouse, swiftly and silently without
the fear of being caught red handed. Huge profit with less or no investment has made this
venture a rewarding one. Another striking feature is that it is easy to commit, difficult to detect
and even harder to prove. Hence it is the need of the hour to indulge in defensive mechanism
and to face this serious challenge against mankind as a whole.

1.3.9. Causes for Internet Crimes

Similar to other crimes the causes for Internet crime is basically greed and need to commit the
crime coupled along with the opportunities provoke criminals to commit the crime. Monetary
benefit or the greed to make quick money is one factor which induces to commit cybercrime.
Internet is widely used by terrorists and extremists to attack the websites and network for
political reasons. People who are sexually deviant use porn sites to fulfil their immoral desires
and quench their sexual impulses. Some people use social websites to ventilate their emotions.
Revenge is well planned and is more dangerous than anger when executed by a cybercriminal.
Other factors which come in queue along with this are absence of awareness of common user
on what is private data and public data and sharing of personal and private information in social
networking sites.

1.3.10. Difference between traditional Crime and Crime Cyber crime

Crime, criminal laws and punishments are as old as mankind. Traditional crime or
Conventional crimes like rape, murder, burglary etc. Is one where a weapon or a tool or use of
force is involved? But in case of a Cybercrime there is no requirement of force as in this type
the criminals use fake identity to steal any secret information. The other distinguishing feature
between the two is based on evidence. In a traditional crime the criminal unknowingly leaves
a trace of his evidence like finger print or any tangible object whereas Cyber criminals commit

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the crime through internet with fake identity making it difficult to track the culprit.
Investigation process in a traditional crime begins from the crime scene whereas in a
cybercrime it begins from sequence of actions that took place. External support or an
eyewitness is needed as an evidence in a conventional crime to track the culprit where it
requires the support of service providers like Internet, Mail, Search engines, portals etc., to
investigate a cybercrime. Jurisdiction is again clear and well defined in a Traditional crime
whereas in case of a cybercrime a thorough investigation has to be carried out.

1.3.11. Classification of Cyber crime

Computer related crime has become a serious concern in today’s scenario. One prime factor
that has to be taken in to consideration while categorising this crime is that there should be a
clarity between what is unethical and what is illegal. The rate of cybercrime is directly
proportionate to the advancement of computer technology of that particular country.
Cybercrime includes a wide variety of criminal conduct and includes a broad range of offences.
This constantly evolves with the invention of new technology.
The following are the crimes, which can be committed under various groups

1.3.11.1 Crime against Individuals

i. Harassment via e-mails.
ii. Cyber-stalking.
iii. Dissemination of obscene material.
iv. Defamation.
v. Unauthorized control/access over computer system.
vi. Indecent exposure
vii. Email spoofing
viii. Cheating & Fraud
1.3.11.2. Crime against Property
i Computer vandalism.
ii. Transmitting virus.
iii. Unauthorized control/access over computer system.
iv. Intellectual Property crimes
v. Internet time thefts

1.3. 11.3. Crime against organisation

i. Unauthorized control/access over computer system
ii. Possession of unauthorized information.
iii. Cyber terrorism against the government organization.
iv. Distribution of pirated software etc.
Against Society at large:
i. Pornography (basically child pornography).

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ii. Polluting the youth through indecent exposure.

iii. Trafficking
iv. Financial crimes
v. Sale of illegal articles
vi. Online gambling
vii. Forgery

1.3.12. Frequently used Cybercrimes

Unauthorised access to data and computer network is referred to as hacking. It also includes
theft of information in electronic form or that is stored in computer hard disks, or any
removable device. E-mail bombing is another menace where the criminal sends repeatedly
irrelevant mails resulting in the crash of the victim’s system.
Data diddling

This kind of cybercrime is where the raw data is altered before it is processed by a computer
and then changing it back once the processing is completed.

Salami attacks

This attack is mainly associated with finance. In this case the alteration made is so insignificant
that it completely goes unnoticed in a single case. This is used to siphon a meagre amount of
money in several attempts.

Denial of Service attack

This involves flooding of computer resource or exceeding the limit that the servers’ system can
support or handle. This leads to the crash of the server where the user is denied services offered
by the resource.

Virus / worm attacks

Viruses are programs that attach themselves to a computer or a file and then spread to other
files and to other computers on a network. They usually affect the data on a computer, either
by altering or deleting it. Worms, unlike viruses make functional copies of themselves and do
this repeatedly till they eat up all the available space on a computer's memory.

1.3.13. Different channels of cybercrime

As discussed earlier Cybercrimes are of different types and can be classified under various
criteria.
Cybercrime can be categorised on the basis of victims as:
i. Crime against individual
ii. Crime against property
iii. Crime against a society, organisation or even a nation
On the basis of Modus Operandi, it can be categorised as:

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i. Physical attack targeting the hardware

ii. Software attack targeting the information resources
iii. Network access i.e. attacking the system through a vulnerability in the network with
or without the help of a software vulnerability.
iv. Insider threat i.e. hacking the information asset of an organisation through an
employee of the organisation.
On the legal and investigation aspect, it can be categorised as:

i. Coming under IT Act or the IT Amendment Act along with their civil and criminal
jurisdictions
ii. Indian Penal Code for the criminal trial process
iii. Other Acts for their criminal procedures
iv. Other civil Acts and torts wherein computers are involved and only compensation
and not a punishment
Broadly speaking any cybercrime can be categorised under any of the above said channels. The
type of cybercrime mainly depends on the Modus Operandi of the crime and investigation has
to be carried understanding the channel and its effects.

1.3.14. Impact of Cyber crime

Internet has influenced mankind to a great extent than any other inventions of the 20th century.
Internet Addiction is a growing menace. Excessive use of computer and its impact on daily life
is given the term Internet Addiction Disorder (IAD). Similarly, the impact of cybercrime like
fraud, siphoning of money, data diddling and disruption of services creates an irreparable
damage, if left unchecked. Several cyber-attacks have been carried out on individuals,
government and public sectors to steal information, money or to disrupt the services. Hacking
is one such crime which can create a massive financial destruction or loss for individuals,
companies or even governments. Hackers are of different types and they may interfere with the
resources, information, integrity or reputation of the targeted victim. Effects of hacking cannot
be ignored in this digital era as its risks and the danger is increasing leading to vital
consequences. Most of the transactions are being done thorough online using plastic currency
and this when used without due security can be manipulated by anyone who has the knowledge
of technology. Combating cybercrime has become a challenging task even for the government
as it is difficult to determine political borders and cyber criminals in the cyberspace. Even
sensitive Government departments like NASA had been a prey to this cybercrime, as one
juvenile cracked the security code and managed to access the main server. Hence it had to shut
down for 21 days all over U.S. to reconstruct a new code. Concept of cybercrime has gained a
greater pace, and human society which is highly dependent on technology has become
vulnerable. Thus, the impact of cybercrime in this era of globalization has been felt in every
fields like social, economic and political aspects as well.

1.3.15. Preventive measures to combat Cybercrime

Cybercrime can be committed from anywhere at any time. Globalisation of commercial activity
and ubiquity of the Internet environment has led to a phenomenal increase in the rate of
cybercrime. Preventive measures are certain safeguards deployed to avoid, detect or minimise

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the security risk or the negative impact. Efficient security control mitigates the security risks
to all property be it physical or intellectual.
A broad classification of security controls are as follows:
1. Hardware and Physical control
2. Software and logical control
3. Network control or database control
4. Other controls including those by third parties
Simple measures to control cybercrime:

 Computer users should install antivirus software such as McAfee or Norton.

 Must use a firewall to protect from hackers.
 Passwords should be strong including letters, numerals and some special keys. It should
be changed at least once in a month. Avoid storing these details on mobile phones.
 Parents should keep a check on the websites used by children and should limit their
time of surfing internet.
 One should avoid disclosing personal data or details on social networking sites.
 Maintain a regular back-up for important documents and use encryption for sensitive
files related to finance.
 Business transactions or financial transactions are to be avoided using public Wi-Fi
Hotspots.
1.4. SUMMARY
Crime is as old as human beings. Greed accompanied with opportunity provided by the
victims is the justification which the criminal gives himself. Any activity which is illegal
and punishable by law done through the means of computer and technology is termed as
cybercrime. There is a vast difference between traditional crime and cybercrime. Channel
of crime is the manner in which it is committed and is essential to make an indepth analysis
to categorise the nature of crime. Preventive measures should be taken from all angles for
a successful and efficient data protection. 1.5.

1.5. SAQS
1. Short Answer Questions
a. Explain the concept of Cybercrime.
b. Write a short note on the differences between Traditional Crime and Cybercrime
2. Fill in the blanks
a. Cybercrimes are ____________ acts where the computer is used either as a
_____________or both.
b. ___________is a term used to describe the virtual world of computer.
3. True or False
a. Cybercrime involves physical force.
b. One should avoid disclosing personal data or details on social networking sites.

1.5. REFERENCES

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Prevention of Cyber Crimes and Fraud Management by Indian Institute of Banking and
Finance, Mumbai, 2017.
Cybercrimes by Talat Fatima, Eastern Book Company, Lucknow, 2011.
Cyber Law in India by Dr. Farooq Ahmad, New Era Law Publications, 2008.

1.6. SUGGESTED READINGS

Cyber Law by Anirudh Rastogi, LexisNexis, Gurgaon, 2014.

Textbook on Cyber Law by Pavan Duggal, Universal Law Publishing Co., New Delhi,
2014.

1.8. TERMINAL QUESTIONS AND MODEL QUESTIONS

a. Discuss in detail the concept of cybercrime and also discuss the channels of
cybercrime.
b. Write an explanatory note on the causes and effects of Cybercrime. Also discuss
the preventive measures to combat cybercrimes.

Answers
1. a. refer 1.1.1 b. refer 1.3.10.
2. Illegal, target or tool b. Cyberspace
3. a. False b. True

TERMINAL QUESTIONS AND MODEL QUESTIONS

a. 1.3.11. b. 1.3.9., 1.3.14. & 1.3.15.

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