CYBER CRIME CHAPTER IX, OF INFORMTION TECHNOLOGY ACT 2000
Cybercrime refers to illegal activities carried out using computers or the internet, targeting
individuals, organizations, or digital systems. It includes offenses like hacking, identity theft,
online fraud, and the distribution of malicious software.
The concept of cybercrime bifurcate by the Department of Justice, U.S78, such as
Criminal act where target is any computer device.
Criminal act where weapon is a computer
Criminal act where computer used as an accessory.
Cybercrimes also have some special characteristics such as
Invisible: Cybercrimes are basically committed by the use of computer with or
without use Internet in the sphere of virtual world and the offender commit the crime
only by sitting in a single place without come to the contact of the victim.
Transnational and borderless jurisdictional nature: as cyber space has no geographical
boundaries criminal can sit any corner of the society comfortably far from the victim
to commit crime. The concept of jurisdiction for criminal investigation becomes
irrelevant in this pattern of crime.
Absence of Physical Evidence: cybercrime could make possible to have any existence
of physical evidence rather may have virtual or technical evidence that can be trace
only by the person having expertise knowledge of technology or cyber space.
Common people couldn‘t able to trace out the evidence or even couldn‘t possible to
investigate the cyber-criminal act.
Sophisticated procedure- cybercrimes are sophisticated in nature. Criminal need not to
travel, hide in any lonely place, spends money and more time to commit, only by
sitting in a comfortable place (even in his home only) maintain a high-profile image
(Software/hardware engineer) and having a computer and internet can proceed any act
for earring huge amount profit.
GROWTH TREND OF CYBERCRIME IN INDIA
The first recorded cybercrime took place in the year 1820. Joseph- Maries Jacquard, a textile
manufacturer in France, produces the loom. (loom is a machine or device used for weaving
threads into fabric.) This resulted in a fear amongst Jacquard's employees that their
traditional employment and livelihood were being threatened. They committed acts of
sabotage (The intentional destruction or disruption of a system, process, or object.) to
discourage Jacquard from further use of the new technology. This is the first recorded
cybercrime.
Yahoo!, Inc. vs Akash Arora & Anr. case was the first Indian Case of cybercrime, where
―Yahoo Incorporation is the owner of the well-known trade mark, Yahoo and of the domain
name Yahoo.com; both the trademark and the domain name acquired a distinctive name, good
will and reputation. With having free consent from the corporation ―Akash Arora started to
offer web-based services similar to those offered by Yahoo.com under the name of Yahoo
India. And hence court held that the defendants are order to ―restrain from copying the
contents of the programs of the plaintiff under the domain name Yahoo.co.
With the immediate affect IT Act was legislated in the year 2000 and National crime Record
Bureau also start to mark the crime record from the year 2002 with a separate Chapter of
Cybercrime and from then to till last 2018 NCRB report cybercrime cases increases rapidly.
BASICALLY CYBER CRIME TOOK PLACE IN THE FOLLOWING MANNER
Root Kit: ―A root kit is a collection of tools that enable administrator level access to a
computer or computer network. Wrongdoer installs a root kit on a computer after first
obtaining user level access, either by exploiting a known vulnerability or cracking a
password.
Malware- Malware is malicious software which is used for damaging computer system or
originality of any soft data.
Spyware- its software, that sends personal information form one computer to another
without one's consent. But, thus, this is different from malware, malware damages the
computer, not send the information.
Hacking is the practice of tempering, altering, or modifying computer software or
computer hardware for malicious purpose.
Phishing- Phishing is the attempt to obtain sensitive information; i.e., ―the fraudulent
practice of sending emails purporting to be from reputable companies in order to induce
individuals to reveal personal information.
Following are some of cybercrime which are named separately, where above one type of
manner or combination of different manner used to carry out that criminal act, such as-
Cybercrime can be broadly categorized into three main types based on their objectives and
methods:
1. Cybercrimes Against Individuals
Identity Theft: Stealing personal information, like social security numbers or credit
card details, to commit fraud.
Cyberstalking and Harassment: Using digital platforms to intimidate or harass
individuals.
Phishing: Scamming individuals to obtain sensitive information like passwords and
financial details.
Online Scams and Frauds: Deceptive schemes targeting individuals to steal money,
including lottery scams, dating scams, etc.
2. Cybercrimes Against Property
Hacking and Unauthorized Access: Illegally accessing a system to steal or alter
data.
Ransomware Attacks: Encrypting data on a system and demanding payment to
restore access.
Intellectual Property Theft: Unauthorized copying, distribution, or modification of
digital content, like software, music, or films.
Online Vandalism: Altering or damaging websites or digital property to spread
messages or cause reputational harm.
3. Cybercrimes Against Government or Organizations
Cyber Terrorism: Attacks targeting critical infrastructure, government websites, or
sensitive systems to disrupt national security.
Denial of Service (DoS) and Distributed Denial of Service (DDoS) Attacks:
Overloading systems or websites to disrupt access, often used against government or
high-profile entities.
Corporate Espionage: Stealing trade secrets or sensitive data from competitors to
gain a business advantage.
Cyber Warfare: State-sponsored cyberattacks to harm other nations’ digital
infrastructure, gather intelligence, or spread misinformation.
PENALTIES AND COMPENSATION (SEC 43- 45)
Section 43: Penalty for Unauthorized Access and Related Acts
Covers offenses where no criminal intent is necessary (civil liability).
Penalties: Compensation to the affected party.
Key Offenses:
1. Unauthorized Access: Accessing a computer, system, or network without permission.
2. Data Theft: Copying, downloading, or extracting data without authorization.
3. Introducing Malware: Introducing viruses, worms, or harmful programs.
4. Denial of Service (DoS): Disrupting or denying access to a system.
5. Data Alteration or Destruction: Deleting or altering data without permission.
6. Harming Resources: Damaging a computer or causing malfunction.
Section 44: Penalty for Failure to Maintain Compliance
Applies to entities that fail to meet specific regulatory requirements under the IT Act.
Penalties: Fines up to ₹1 lakh depending on the type of failure.
Key Failures:
1. Excess Collection of Data: Collecting more data than legally authorized.
2. Failure to File Returns: Not submitting required information or returns.
3. Incorrect Submission: Providing false or incomplete information to the authorities.
Section 45: Residuary Penalty
Covers offenses not specifically mentioned in the IT Act.
Penalty: Compensation up to ₹25,000 for any damage caused by such non-
compliance.
Key Highlights:
Focus on Civil Offenses: Sections 43–45 mainly impose penalties (not
imprisonment).
Remedial Measures: Affected parties can claim compensation for damages.
Broad Coverage: Includes unauthorized activities, regulatory non-compliance, and
unaddressed issues
OFFENSES AND PUNISHMENT (65-75)
Section 65: Tampering with Computer Source Documents
Offense: Intentionally concealing, damaging, or altering the source code of a
computer.
Penalty: Up to 3 years imprisonment or a fine of up to ₹2 lakh, or both.
Section 66: Hacking with Computer System
Offense: Deliberately gaining unauthorized access to a computer or network and
altering or damaging data.
Penalty: Up to 3 years imprisonment or a fine of up to ₹2 lakh, or both.
Section 66A: Sending Offensive Messages through Communication Service (Struck
Down in 2015)
Offense: Sending offensive, false, or threatening messages via electronic
communication.
Penalty (Before it was Struck Down): Up to 3 years imprisonment and/or a fine.
Section 66B: Receiving Stolen Computer Resource or Data
Offense: Receiving or retaining stolen computer data or resources.
Penalty: Up to 3 years imprisonment or a fine of up to ₹1 lakh, or both.
Section 66C: Identity Theft
Offense: Fraudulently using someone else’s identity (e.g., passwords, digital
signatures).
Penalty: Up to 3 years imprisonment and/or a fine of up to ₹1 lakh.
Section 66D: Cheating by Personation Using Computer Resource
Offense: Impersonating someone else online with the intent to deceive.
Penalty: Up to 3 years imprisonment and/or a fine of up to ₹1 lakh.
Section 66E: Violation of Privacy
Offense: Capturing, publishing, or transmitting images of a person's private areas
without consent.
Penalty: Up to 3 years imprisonment and/or a fine of up to ₹2 lakh.
Section 66F: Cyber Terrorism
Offense: Engaging in cyber terrorism, including damaging critical infrastructure,
causing terror, or threatening national security.
Penalty: Life imprisonment.
Section 67: Publishing or Transmitting Obscene Material in Electronic Form
Offense: Publishing or transmitting obscene content online.
Penalty: Up to 5 years imprisonment and/or a fine of up to ₹10 lakh for the first
offense; up to 7 years imprisonment and/or a fine of up to ₹10 lakh for subsequent
offenses.
Section 67A: Publishing or Transmitting Material Containing Sexually Explicit Acts
Offense: Publishing or transmitting sexually explicit content online.
Penalty: Up to 5 years imprisonment and/or a fine of up to ₹10 lakh for the first
offense; up to 7 years imprisonment and/or a fine of up to ₹10 lakh for subsequent
offenses.
Section 67B: Publishing or Transmitting Child Pornography
Offense: Creating, transmitting, or possessing child pornography.
Penalty: Up to 5 years imprisonment and/or a fine of up to ₹10 lakh for the first
offense; up to 7 years imprisonment and/or a fine of up to ₹10 lakh for subsequent
offenses.
Section 68: Power to Certify Public Keys
Offense: Misuse of certified public keys.
Penalty: Fine up to ₹1 lakh for failure to comply with the provisions.
Section 69: Power to Issue Directions for Interception or Monitoring
Provision: Government can direct the interception or monitoring of electronic
communication for national security, public order, or other lawful reasons.
Penalty for Non-Compliance: Penalties may apply for failure to follow legal
requirements. (CAN BLOCK)
Section 70: Protected System
Provision: Government can designate certain computer systems as "protected" (e.g.,
defense, space, nuclear).
Offense: Unauthorized access or damage to protected systems.
Penalty: Imprisonment for up to 10 years and a fine.
70(b)- ICERT (INDIAN COMPUTER EMERGENCY RESPONSE TEAM)
Section 71: Falsification of Information
Offense: Providing false information to an authority or in electronic records.
Penalty: Up to 2 years imprisonment or a fine of up to ₹1 lakh, or both.
Section 72: Breach of Confidentiality and Privacy
Offense: Disclosure of information by an intermediary (e.g., service provider) in
violation of a confidentiality agreement.
Penalty: Up to 2 years imprisonment and/or a fine of up to ₹1 lakh.
Section 73: Cyber Fraudulent Activities
Offense: Fraudulent activity through the use of computers or networks.
Penalty: Fine or imprisonment for a term not exceeding 3 years.
Section 74: Publishing False Digital Signatures
Offense: Publishing a false digital signature certificate with intent to defraud or
deceive.
Penalty: Imprisonment for up to 2 years and/or a fine of ₹1 lakh.
Key Takeaways:
Criminal Offenses: Sections 65 to 75 primarily deal with various forms of
cybercrimes, including hacking, identity theft, cyber terrorism, and the publishing of
obscene material.
Penalties: Penalties range from fines to long-term imprisonment, especially for
offenses related to national security and privacy violations.
