1. B Y D R M O H A M M A D Z U N N U N K H A N
Cyber Crime
2. Cyber Crime
ï Cyber Crime is the use of computers and other electronic devices and
Internet by criminals to execute fraud and other crimes against
companies, consumers and other individuals.
ï It is a broad term which is used to describe criminal activity committed
on computers or on the internet.
3. Definition And Nature of Cyber Crime
ï A General definition of cyber-crime may be âunlawful act wherein the consumer is
used, either as a tool or a target or both.
ï Any criminal activity that uses a computer either as an instrumentality, target or a
means for enabling further crimes comes within the ambit of cyber-crimes.
The Internet is fast changing the lifestyle of every individuals whether be it students,
teachers, businessmen, doctors, lawyers, engineers, etc.
ï It is becoming a way of life for millions of people. With this, the criminals are also not
lagging behind.
ï Their area of operation has also widened with such technological progress.
ï There are difficulties in providing a description of cybercrimes, as there is no uniform or
universally accepted definition of cybercrime.
ï It is used as an umbrella term for a set of activities that have yet to be incorporated fully
into the national legal regimes around the world and is used interchangeably with
âcomputer crimes âcomputer misuse, or âIT crimes
4. ï Despite the frequent use of the term, there is no commonly accepted definition.
ï Cybercrimes is related to computers, however, there is no consensus on whether
those computers have to be interconnected or not.
a. The UN Manual on the Prevention and Control of Computer- Related
Crimes:
âComputer crime can involve activities that are traditional in nature, such as
theft, fraud, forgery and mischief, all of which are generally subject everywhere to
criminal sanctions. The computer has also created a host of potentially new misuses
or abuses that may, or should be criminal as wellâ
b. UK National Criminal Intelligence Service:
âAn offence in which a computer is directly and significantly instrumental in the
commission of the crime
c. Pavan Duggal
Cyber Crime refers to all the activities done with criminal intent in cyberspace or
using the medium of internet. These could either the criminal activities in the
conventional sense or activities, newly evolved with the growth of the new medium.
Any activity, which basically offends human sensibilities, can be included in the
ambit of cybercrimes.
5. ï Difference Between Cyber Crime And Conventional
Crime
1. Cyber Crimes always involve use of computers and
technology.
2. Cyber Crimes can be committed in the jurisdiction without the
criminal being physically present in it, i.e. it knows no
geographical limitations, boundaries or distances.
3. Cyber Crimes is not always clearly illegal as compared to
conventional crimes. This is because of lack of law punishing
them.
4. It requires only small resources as compared to the resultant
damage caused by the commission of the crime.
6. ï Punishments And Offences
The main aim of the act is to legalize the digital language so that
people can easily and without fear use the electronic devices for
their own purposes like doing business or for entertainment. It
prescribes certain offences and penalties to keep a check on the
cyber crime, the main of them are:
· Section 65: Tampering with Computer Source Documents
· Section 66: Hacking with Computer System
· Section 67: Publishing of obscene information which is obscene
in electronic form.
· Section 70: breach of confidentially and privacy.
7. ï In addition to above, Section 77 of the Act states that âNo penalty
imposed or confiscation made under this Act shall prevent the
imposition of any other punishment to which the person affected
thereby is liable under any other law for the time being in force.â
which means the civil crimes can also be made as Criminal Act, as
· Computer Network Breaking and Hacking: - S. 66(2) of I.T. Act
and S. 441 of IPC
· Child Pornography: - S. 67 of I.T. Act and S. 294 of IPC
· Email- bombing: - S. 43(e) of I.T. Act and S. 425-441 read with
S447 of IPC
· Password Sniffing: - S. 43(a), (g) of I.T. Act and S. 419 of IPC
· Credit Card Fraud: - I.T. Act and S. 443 (a) and (g) read with
426, 427 and 447 of IPC.