History & Evaluation of Cyber Crimes
History reveals that the Cyber crime originated even from the year 1820. That is not Surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charles Babbage.
In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom.
This device allowed the repetition of a series of steps. the weaving of special fabrics. This resulted in a fear amongst Jacquard's employees that their traditional employment and livelihood were being threatened. They committed acts of sabotage to discourage Jacquard from further use of the new technology. This is the first recorded Cyber crime! The term 'cybercrime' has not been defined in any Statute or Act. The Oxford Reference Online defines cyber crime as crime committed over the Internet.
In past eras, we were basically dependent on Newspaper, Television and Radio. At today's time social media has become an essential part of our life. But after the existence of social media there are various types of crimes which are known as cybercrimes. Which is because of unavoidable exploitation of Technology. To resolve the problem. Government has decided to control these crimes and save the data of every individual.
INTRODUCTION
The scope of cyberspace is very huge nowadays. There is a quick development and evolution of technology because of cyberspace. Social media is one of the very famous parts of cyberspace. It helps every individual to communicate and connect people, also used for personal and professional interests.
With an aim to monitor and protect information and strengthen defences from cyber attacks, the National Cyber Security Policy 2013 was released on July 2, 2013 by the Government of India. The National Cyber Security Policy is a much awaited policy announcement, especially in the wake of increasing challenges to national security on the cyber-front. The policy is an attempt to create a cyber security framework that will strengthen India's offensive and defensive capabilities in cyberspace.
In recent years, there has been an increasing international focus on cyberspace as a vulnerable strategic space. A number of official servers belonging to various Government departments, defence establishment, intelligence agencies etc. have come under attacks from hackers operating from unknown foreign locations. Strategically important data needs to be secured against attacks from a variety of external state and non-state actors.
The NCSP (National Cyber Security Policy) also says that it will create a workforce of five lakh cyber security professionals in five years in India. Despite such ambitious pronouncements by the NCSP, it must be realised that creating a national cyber security policy is no easy task. It involves reconciling contradictory goals, such as data privacy and collection of threat information. The NCSP does not offer a discussion on these important questions but it is hoped that a balance would be attempted between the rather tricky conflict between intelligence gathering for national security and privacy of individuals.
Social media law
The social media law is Included under Information Technology Act 2000. Which defines rules and regulations which includes Civil and Criminal remedy to safeguard the illegal content.
Which means protection for social networking including all social media platforms. The main role of social media law is to spread awareness and Information to the citizens.
For Example - One inaccurate or false piece of information posted by an individual on social media may lead to a negative impact on society. The media should focus on providing truth to the people.
India on Social media laws
There are many acts which includes rights and responsibilities relating to social media laws-Under Article 19 Constitution of India which gives various types of rights under that (1) states Rights to Freedom to every citizen of India Although there are some Reasonable and justifiable restrictions which were provided under Article 16(2).
Other Than that Information Technology act 2000, punishes any offensive behaviour that is committed by audio, video, or records that causes harm to others.
Generally Cyber crime in India known as -
- Cyber Bullying
- Cheating
- Identify Theft
- Offensive messages
- Defamation
- Cyber exploitation
- Hacking
- Phishing
- Financial Frauds
- Cyberstalking
Other than that there are other many modes of cyber crime which are following -
- Offensive messages - Which basically includes messages, annoying, intimidating, insulting, misleading, defaming.
1) SMS -
SMS of above nature may be sent using a mobile phone of one's own identity or by acquiring a fake identity. Such SMS may be forwarded amongst groups and communities (inter/intra) in which case the actual source could not be fixed. Few SMSs had been circulated affecting public tranquillity;
Eg: False Tsunami warning, false alarm as target of explosion.
2) MMS -
Multimedia messages often defaming or obscene are sent among small groups using
mobile phones/bluetooth. If there had been a sharing in many mobile types of
equipment the first source couldn't be fixed.
Eg.. Arrest of the Managing Director of bazee.com in a school MMS scandal in Delhi.
- Offensive calls - Which basically includes false identity, web based calls, skype chat room calls and overseas calls.
3) Mobile calls / Landline calls -
There are many landlines that still have no caller Ids. and It is difficult when
connection is in non - existent fictitious address.
4) Web based calls -
Calls can be made by various websites by using the wrong mobile number.
5) Data Theft -
Business and organisations have their sensitive and private informations in their data
servers which are targeted by Criminals, Rivals and in some cases employers can share these data for their personal interests.
- Hacking & Spam -
The primary objective in web page hacking is to deface and embarrass an organisation or an institute. The intention may extend from causing a denial of service to bringing down a business competitor. Government sites get hacked and hackers sometimes claim responsibility for hacking; the intention being to cause defamation and damage to the dignity of the institution.
Spam is the abuse of electronic messaging systems to send unsolicited bulk messages indiscriminately.
Email spam, known as junk mail, is the practice of sending unwanted email messages, frequently with commercial content, in large quantities to an indiscriminate set of recipients.
Malware is software designed to infiltrate or damage a computer system without the owner's informed consent.
Malware is a wide term that includes viruses, worms, Trojans, rootkits, backdoors, spyware, botnets. keystroke loggers and dialers.
Cyber espionage is the act of obtaining personal, sensitive proprietary or classified information without permission.
PROVISIONS REGARDING CRIMES
There are certain sections of Indian penal code (IPC), Bhartiya Nyay sanhita(BNS) and Information Technology (IT) Act which includes social media crimes and their punishments there are few examples which are -
1. Section 66 A of The Information Technology Act 2000. Which deals with the punishment for sending messages or emails which are harmful or abusive in nature through the internet or any other platform. These messages are sent to cause annoyance, injury, and inconvenience to the victim. It is also punishable under the provision when someone shares information that he believes to be false.
2. Section 66 C of The Information Technology Act 2000. Which deals with the punishment for using electronic signature, password or any other identification feature of any other person dishonestly or fraudulently. A person is punishable under this provision up to 3 years of imprisonment or a fine up to one lakh rupees for identity theft.
3. An individual who cheats by personation using any social media or communication device is punished under Section 66 D of The Information Technology Act. It means a person is typically punished for fraudulently pretending to be some other person.
4. Section 295 of Indian Penal Code and Section 299 of Bhartiya Nyaya Sanhita (BNS)
Which includes -
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Which means that any person who intentionally hurts any religion or any person’s feeling about that religion with either spoken or written or through electronic means (on social media) is punishable.
5. Section 499 of Indian penal code and Section 356 (1) of B.N.S
Which includes -Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Which means In the case of defamation, a person who gets defamed on any social media platform has the right to file a complaint against the other person who committed the crime is punishable.
6. Section 505 of Indian penal code and Section 353 of B.N.S
Which includes -
Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
7. Section 506 and Section 507 of Indian penal code and Section 351(2) and (3) of B.N.S
Which includes-
(2) Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(3) Whoever commits the offence of criminal intimidation by threatening to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
CASE LAW
- Shreya Singhal v. Union of India
The landmark case of Shreya Singhal vs. Union of India (2015) represents a pivotal moment in the intersection of cyber law and free speech in India. The Supreme Court's judgement in this case marked a significant step in balancing the need for online safety with the protection of fundamental rights. The Court struck down Section 66A of the Information Technology Act, 2000, which criminalised the sending of "offensive" messages through communication services, primarily due to its vague and broad definitions that were deemed to infringe upon the fundamental right to freedom of speech and expression.
The Court's decision underscored the importance of ensuring that legal provisions relating to cybercrimes are precise and narrowly tailored to avoid arbitrary enforcement. It highlighted the need for laws that adequately protect individuals from genuine harm while upholding democratic values and freedom of expression. This judgement not only reinforced the importance of constitutional safeguards but also called for legislative reform to address online offences in a manner that is clear, fair, and consistent with international human rights standards.
The ruling in Shreya Singhal vs. Union of India serves as a landmark precedent in ensuring that legal frameworks governing digital communication are aligned with fundamental rights and principles of justice. It emphasises the need for a balanced approach to regulating online conduct, one that respects individual freedoms while effectively addressing the challenges posed by cybercrime.
Conclusion and Suggestions
There are social media laws which regulate & maintain cyber crimes. The protection against cyber crime is essential and very Important. The laws relating to cyber crime should be amended and after knowing the facts of certain crimes there should be proper punishment to provide every individual safety and their rights & Also protect victims from cyber crime.
Cybercrime in India presents a complex and evolving challenge, reflecting the rapid growth of digital technologies and the increasing reliance on online platforms. The country has made notable progress in addressing these challenges through legislative reforms, regulatory measures, and the establishment of dedicated law enforcement agencies. However, the dynamic nature of cyber threats and the rapid pace of technological advancements continue to test the effectiveness of existing frameworks.
Other than that there is a duty of Law and Government to make awareness campaigns for protection of every individual from cyber crimes. And Moreover to ensure rights of every individual there should be limitations in every social media platforms to not post certain information and abusive content/messages.
To successfully battle cyber crime in India, a complex methodology is Important & Fortifying the authoritative and administrative structures is critical & regulations should be constantly refreshed to address arising dangers and innovative headways. Expanding public mindfulness through cross country missions and coordinating network protection training into school educational plans will assist with building more educated and careful people.