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To tackle the Cyber Crime, the Central Bureau of Investigation (CBI) Last Year Launched a Nationwide operation called ‘Operation Chakra’ to Target Cyber Criminals. During these operations, the CBI Conducted Searches at 115 Locations Across the Country, Yielding Substantial results. In Rajasthan alone, there have been reports of Rs 1.5 crore in cash and half a kg of gold being recovered, which is enough to prove the boldness of Cybercriminals. Another gang was booked for Extorting People under the guise of Cryptocurrency. More or less one hundred Crores of Rupees Were Stolen and global tech companies like Microsoft have released reports that reflect a Worrying Situation. Cybercrimes transcend National Borders, Which continue to affect Indias Global Reputation.Highlighted, Covering three-and-a-half Years of data up to June 2023. According to the report, 75% of Cyber Crimes depend on Money Laundering. It is noteworthy that generally UPI or Unified Payments Interface and online Banking Services have been used to Steal Peoples Money and empty their Bank Accounts, i.e. Bank Accounts have been chosen by these Channels. . This indicates an alarming trend in which sophisticated cybercriminals are using Mobile Phones and Computers to carry out their activities and they also identified a concentration of cyber crime activities in 36 Cities across Nine States, with notable locations such as Azamgarh, Ahmedabad, Surat, Bharatpur and Chittoor. How serious this problem is can be gauged from the fact that a previous survey revealed that out of the 350 million victims of cybercrime worldwide in one year, 13 million were Indians. To tackle the growing crisis, the Central Gvernment introduced the National Cyber Crime Reporting Portal, or NCRP, three years ago, allowing Ctizens to report any cyber crime-related information to the authorities at home,So that it can be processed. The growing wave of domestic cyber crimes has taken an incalculable toll on the lives of countless victims. Additionally, the rampant proliferation of internet scammers originating from India is affecting the counter reputation globally.
Effective mitigation of this threat requires cooperation between the Centre and State Governments. Thanks to this trust and Co-Operation, National Level efforts to combat cybercrime or terrorism can be fruitful.
In Simple way We can Say that Cyber Crime is unlawful acts wherein the Computer is either a tool or a target or both. Cyber Crimes can involve Criminal Activities that are traditional in Nature, Such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.
We can categorize Cyber crimes in two ways.
The Computer as a Target :-using a computer to attack other computers.
e.g. Hacking,Virus/Worm attacks,DOS attack etc.
computer as a weapon :-using a computer to commit real world crimes.
e.g. Cyber Terrorism, IPR violations,Credit card frauds,EFT frauds, Pornography etc.
Cyber Law (also referred to as cyberlaw) is a term used to describe the Legal issues related to use of Communications Technology, Particularly “Cyberspace”, i.e. the Internet. It is less a distinct field of law in the way that property or contract are as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an attempt to integrate the challenges presented by human activity on the Internet with legacy system of laws applicable to the physical world.
Why Cyber Law in India.
When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the need for Cyberlaws in India.
Does the Cyber Law Concern Me.
Yes, Cyberlaw does concern You. As the nature of Internet is changing and this new medium is being seen as the ultimate medium ever evolved in human history, every activity of Yours in Cyberspace can and will have a Cyber legal perspective. From the time You register Your Domain Name, to the time You set up Your website, to the time You promote Your website, to the time when You send and receive emails , to the time You conduct electronic commerce transactions on the said site, at every point of time, there are various Cyberlaw issues involved. You may not be bothered about these issues today because You may feel that they are very distant from You and that they do not have an impact on Your Cyber activities. But sooner or later, You will have to tighten Your belts and take note of Cyberlaw for Your own benefit.
Advantages of Cyber Law.
Cyber Laws that everyone using the internet must be aware of internet is just like life. It is interesting and We spend a lot of time doing amusing things here, but it comes with its fair share of trouble. With the technology boom and easy Internet access across the country, cyber crime, too, has become a pretty common occurrence. From hacking into computers to making fraudulent transactions online, there are many ways in which We can become a victim of illegal cyber activities.
To regulate such activities that violate the rights of an Internet user, the Indian government has the Information Technology Act, 2000, in place. Here are some of its sections that empower Internet users and attempt to safeguard the cyberspace.
Section 65 Tempering With Computer Source Documents.
A person who intentionally conceals, destroys or alters any computer source code (such as programmes, computer commands, design and layout), when it is required to be maintained by law commits an offence and can be punished with 3 years’ imprisonment or a fine of 2 Lakhs INR or both.
Section 66 Using Password of Another Person.
If a person fraudulently uses the password, digital signature or other unique identification of another person, he/she can face imprisonment up to 3 years or/and a fine of 1 Lakh INR.
Section 66D Cheating Using Computer Resource.
If a person cheats someone using a computer resource or a communication device, he/she could face imprisonment up to 3 years or/and fine up to 1 Lakh INR.
Section 66E Publishing Images of Others.
If a person captures, transmits or publishes images of a person’s private parts without his/her consent or knowledge, the person is entitled to imprisonment up to 3 years of fine up to 2 Lakhs INR or both.
Section 66F Acts of Cyber Terrorism.
A person can face life imprisonment if he/she denies an authorized person the access to the computer resource or attempts to penetrate/access a computer resource without authorization, with an aim to threaten the unity, integrity, security or sovereignty of the nation. This is a non-bailable offence.
Section 67 Publishing Child Porn or Predating Child Online.
If a person captures, publishes or transmits images of a child in a sexually explicit act or induces anyone under the age of 18 into a sexual act, then the person can face imprisonment up to 7 years or fine up to 10 lakhs INR or both.
Section 69 Govt.s Power to Block Websites.
If the Government feel it necessary in the interest of Sovereignty and Integrity of India, it can intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource. The power is subject to compliance of procedure. Under section 69A, the central Government can also block any Information from Public Access.
Section 43A Data Protection at Corporate Level.
If a body corporate is negligent in implementing reasonable security practices which causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages to the affected person.
We all must remember that Cyberspace is a common heritage of Ours which We have inherited in Our life times from the benefits of ever growing technologies. This Cyberspace is the lifeline of the entire Universe and given its irreversible position today, it is the duty of Every Citizen to contribute toward making the Said Cyberspace free of any trouble or cybercrime. To rephrase the famous words of Rabindra Nath Tagore in Todays Context, “Where the Cyberspace is without fear or crime and the head is held high, where knowledge is free, where tireless striving stretches its arms towards perfection, into that cyber heaven of freedom, O My father, let our humanity awake.”This is only for the General Awareness.
(Writer is a Columnist and Teacher By Profession and Ca be Reached on)
Mukhtar Ahmad Qureshi).
Mukhtar.qur@gmail.com
The views expressed in the piece are the writer’s personal opinions. Global Kashmir News does not endorse any individual’s personal viewpoint.
