Cyber Crime, Jurisdiction, Treatment, Indian Evidence Act

1. Cyber Crime
By Dr Mohammad Zunnun Khan

2. Cyber Crime
• 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.
• 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
• A General definition of cyber-crime may be ―unlawful act wherein the consumer is used, either
as a tool or a target or both.
• 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.
• It is becoming a way of life for millions of people. With this, the criminals are also not lagging
behind.
• Their area of operation has also widened with such technological progress.
• There are difficulties in providing a description of cybercrimes, as there is no uniform or
universally accepted definition of cybercrime.
• 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 ―computer crimes
―computer misuse, or ―IT crimes

4. • Despite the frequent use of the term, there is no commonly accepted definition.
• 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:
―Computer 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 well‖
b. UK National Criminal Intelligence Service:
―An 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. • 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. • 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. • In addition to above, Section 77 of the Act states that “No 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.”
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.

8. • Thank You… wait for next lecture.

9. • Cyber Jurisdiction
The internet can be seen as a multi jurisdictional because of the ease which a
user can access of website anywhere in the world.
• It can be even viewed as a jurisdictional in the sense that from the user‘s
perspective that the state and national borders are essentially transparent.
• For courts determining jurisdiction situation is more problematic.
• The developing law of jurisdiction must addressed whether a particular event in
cyber space is controlled by the law of state or country where the website is
located, by the law of the state or the country where the internet service
provider is located.
• A number of commentators have voiced their opinion that cyber space should be
treated as separate jurisdiction. In practice this view has not been supported or
addressed by the law makers
Cyber jurisdictional cases have been dealt with primarily in civil courts. Since the
advent of US v. Thomas, infra and Minnesota v. Granite gate resort,

10. Evolution of Electronic Evidence
• 1984, the FBI began to use computer evidence
• In 1991, a new term; "Computer Forensics" was coined
• In India IT Act 2000.
• On 17th October 2000, ITA 2000 was notified and along with it the Indian
Evidence Act 1872 got amended with several new sections being added to
address the issue of Electronic Evidence`

11. Characteristics of Electronic Evidence
• Is invisible
• Is easily altered or destroyed
• Requires precautions to prevent alteration
• Requires special tools and equipment
• Requires specialized training
• Requires expert testimony```

12. Indian Evidence Act, 1872
• Amendments related to the evidence Act were contained in Sec.92
and the Second Schedule of the IT Act, 2000.
• Pursuant to the enactment of the Information Technology
(amendment) Act, 2008, Sec.92 was deleted
and the provisions with regard to the Indian Evidence Act were
mentioned in Part IV of the amendment Act.
• 1) Amendment of Sec.3
• 2) Insertion of new Sec.45A – Opinion of Examiner of Electronic
evidence – 45A

13. • 1) Amendment of Sec.3 –
In section 3 relating to interpretation clause, in the paragraph appearing at the end, for
the words "digital signature" and "Digital Signature Certificate", the words "Electronic
signature" and "Electronic Signature Certificate" shall be respectively substituted.
2) Insertion of new Sec.45A – Opinion of Examiner of Electronic evidence – 45A:
When in a proceeding, the Court has to form an opinion on any matter relating to any
information transmitted or stored in any computer resource or any other electronic or
digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A
of the Information Technology Act, 2000,is a relevant fact. Explanation: For the purposes
of this section, an Examiner of Electronic Evidence shall be an expert
3) Amendment of Sec.47A –
In section 47A,- (i) for the words "digital signature", the words "electronic signature"
shall be substituted; (ii) for the words "Digital Signature Certificate", the words
"Electronic Signature Certificate" shall be substituted.
4) Amendment of Sec.67A –
In section 67 A, - for the words "digital signature", the words "electronic signature" shall
be substituted.

14. • 5) Amendment of Sec.85A –
In section 85A, for the words "digital signature", wherever they occur,
the words "electronic signature" shall be substituted.
6) Amendment of Sec.85B –
In section 85B, - for the words "digital signature", wherever they
occur, the words "electronic signature" shall be substituted.
7) Amendment of Sec.85C –
In section 85C, for the words "Digital Signature Certificate", the words
"Electronic Signature Certificate" shall be substituted.
8) Amendment of Sec.90A –
In section 90A, the words "digital signature", at both places where
they occur, the words "electronic signature" shall be substituted.