Cyber Crime and the law in India

Cybercrime is a criminal act, done by using internet and computers. This involves anything from distributing viruses through internet to transferring millions of dollars from bank accounts. Cybercrime also considers non-monetary offenses, such as posting confidential information on the Internet.

Every cybercrime has some physical existence. Criminal activities are launched from one location, money that is stolen from an account is also having a physical location, and people those are targeted also have some real life existence.

As per Indian Penal Code, Cyber crimes can include criminal activities such as theft, forgery, fraud, mischief and defamation. Cyber crimes are categorized into two types. Firstly, the computer as a target where damaging a computer is their motto like – virus attack, hacking and DOS attack. Secondly, the computer as a weapon where committing a real life crime is the ultimate motto like – credit card frauds, Cyber Terrorism, pornography etc. Cyber Crime is regulated by Internet Laws or Cyber Laws.

Indian Government has introduced Information Technology Amendment Act 2008, after doing major amendments to Information Technology Act-2000. It has introduced several new sections on cyber offences including data protection and Cyber Terrorism. A set of Rules produced related to Sensitive Personal Information and Reasonable Security Practices (mentioned in section 43A of the ITAA, 2008) was released in April 2011

Hacking – Hacking is the unlawful access to a computer programs, data, system and network resources. Under Information Technology Amendment Act 2008, section 66-C and section 419 of Indian penal code 1860, if crime is proved under IT Act, accused shall be punished for imprisonment, which may extend to three years or with fine, which may extend to five lakh rupees or both. Hacking offence is cognizable, bail able, compoundable with permission of the court.

Spreading Virus or Worms - Virus can send your data to other computer and then delete or damage your data from your computer. It can also ruin your system and render it unusable.

Under Information Technology (Amendment) Act, 2008, Section 43(c) & 43(e) with Section 66 is applicable and under Section 268 of Indian Penal Code, 1860, this offence is also applicable. Spreading of Virus offence is cognizable, bailable, and compoundable with permission of the court.

Data Theft - Data Theft is a major problem, generally perpetrated by office workers with the help of technology such as desktop computers, digital camera and hand-held devices etc

Under Information Technology (Amendment) Act, 2008, Section 43(b) with Section 66 is applicable and under Section 379, 405 & 420 of Indian Penal Code, 1860, data theft is also applicable. Data Theft offence is cognizable, bailable, compoundable with permission of the court before which the prosecution of such offence is pending and can be trialed by any magistrate.