The digital age has brought many conveniences, but it has also introduced new risks. Cybercrimes such as online fraud, identity theft, and cyberstalking can have devastating effects on individuals and businesses alike
At Origin Legal Works, we specialize in providing legal support to victims of cybercrime. Our services include assisting with the filing of complaints, representing clients in legal proceedings, and offering strategic advice on preventing future cyber threats.
We are committed to staying ahead of the curve in this rapidly evolving area of law, ensuring that you have the protection and representation you need in the digital world.
Cybercrime, a crime that occurs online using computers and other technology, is a severe issue that transcends traditional jurisdiction. The Information Technology Act of 2000, recognising the gravity of these crimes, provides relief for various cybercrimes.
Phishing is a type of cybercrime where scammers pretend to be trustworthy sources, like banks or government agencies, to trick you into sharing sensitive information. They often do this through emails, phone calls, or texts that seem urgent or too good to be true. Remember, always verify the source before sharing personal information.
If you've unfortunately fallen victim to an email phishing scam, here's what you can do: First, gather all the information about the scam, including the email or message, any links or attachments, and the sender's details. Then, file a complaint on the National Cyber Crime Reporting Portal. Remember, the sooner you report the scam, the better the chances of catching the perpetrator and preventing further damage. This is an important step in protecting yourself and others from such scams.
Identity theft is a severe crime in which an individual unlawfully acquires someone else’s personal or financial information with the intent to commit fraud. This stolen data may include sensitive details such as PAN card numbers, bank account numbers, and credit card information. The perpetrators use this stolen data to carry out unauthorised transactions, open new accounts, apply for loans, or even file fraudulent tax returns.
People who send offensive messages through communication devices will be liable under Section 66A of the Information Technology Act,2000. The punishment may be imprisonment for a term extending to three years and with a fine. It is a cognisable and a bailable offence. The message sent must be grossly offensive and menacing. The person who transmits the message must also be aware that it is false but still transmits to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.
Section 65 of the Information Technology Act of 2000 provides relief if the computer's source code is tampered with. It is a cognisable and bailable offence. The punishment after conviction will be jail for up to three years, a fine extending up to two lakh rupees, or both. The computer source code usually includes a listing of programs, computer commands, design and layout, and program analysis of computer resources in any form.
Section 67A of the Information Technology Act of 2000 provides relief for the transmission and publishing of sexually explicit content online. Persons who do such an act, if convicted for the first time, will be punished with imprisonment of either description for a term that may extend to three years and with a fine that may extend to five lakh rupees, and in the event of a second or subsequent conviction, with imprisonment for a term that may extend to five years and also with a fine that may extend to ten lakh rupees.
Digital signature certificates provide authentication to online transactions. The following rules regulate this: Information Technology (Certifying Authorities) Rules, 2000; Digital Signature (End Entity) Rules, 2015; and Information Technology (Use of Electronic Records and Digital Signature) Rules, 2004
Section 74 of the Information Technology Act,2000 provides relief in case a false electronic signature certificate is produced with the intent to defraud others. It is a non-cognizable and bailable offence. After conviction, the person shall be punished with imprisonment for a term that may extend to two years, or with a fine that may extend to one lakh rupees, or with both.
Section 66 of the Information Technology Act of 2000 deals with computer-related offences, including unauthorised access, hacking, and data theft. Section 43 of the Information Technology Act,2000 covers damage to computer systems, including unauthorised access or computer function disruption. If found guilty of hacking, the offender can face imprisonment for up to three years and a fine of up to five lakh rupees (INR 5,00,000) under Section 66 of the Information Technology Act,2000. Additionally, Section 43 of the Information Technology Act of 2000 compensates victims for any damage caused to their computer systems.
Hacking is a cognisable offence, and it is also a bailable offence that a Magistrate of first class must try.
The illegitimate use of a trademark by registering it as a domain name is known as cyber-squatting. This practice essentially deprives registered trademark owners from using their marks as their domain names on the Internet. There are various forms of illegitimate use of trademarks, where the person who registers and uses a trademark as the domain name is neither the trademark owner nor the one with competing interests. These practices deprive the trademark owner from registering and using their trademark as a domain name.
There is no specific relief for cybersquatting under the Information Technology Act of 2000. However, the distinction between domain and trademark names has been established in various cases. The current options are filing a case in Indian Courts and providing cease-and-desist notice. However, the victim can initiate arbitration proceedings under ICANN (Internet Corporation for Assigned Names and Numbers).
Various crimes like cyberbullying, cyber harassment, revenge porn, and hate speech against a person come under e-harassment.
Various provisions under the Information Technology Act of 2000, like Sections 67 and 67A, provide relief for various issues of e-harassment. A victim can file a complaint under the Cybercrime Investigation Cell, and punishment will be provided according to the Sections under the Information Technology Act of 2000.
Cyberstalking refers to a happening in which, with the aid of the internet and other technologies, a person harasses a victim or stalks another person online. It is an extension of cyberbullying and in-person stalking, manifesting through e-mails, text messages, social media posts, and more. The interactions are often systematic, deliberate, and persistent, even if the recipient expresses displeasure or asks the person to stop. The content directed at the target can be inappropriate and disturbing, leaving the victim feeling fearful, distressed, anxious, and worried.
Cyberstalking is punishable under the Indian Penal Code and Information Technology Act of 2000. Section 67 of the Information Technology Act of 2000 provides relief for cyberstalking.
Cyber pornography, often referred to as online pornography, is a digital form of explicit material that encompasses various media formats, including images, videos, and textual content. It proliferates across the internet through websites, social media platforms, and other online channels, easily accessible to users worldwide.
Section 67A of the Information Technology Act,2000 provides relief for the transmission and publishing of sexually explicit content or material online. The persons who do such an act, if convicted for the first time, will be punished with imprisonment of either description for a term which may extend to three years and with a fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment for a term which may extend to five years and also with fine which may extend to ten lakh rupees. Section 67B of the Information Technology Act of 2000 also provides relief for child pornography.
Section 66C of the Information Technology Act of 2000 provides relief for identity theft, and Section 67 of the Information Technology Act of 2000 provides relief for transmitting obscene materials online. Though no specific provision for morphing photographs exists, relief can be obtained under these sections. The relief can also be obtained for defamation under Sections 499 and 500 of the Indian Penal Code,1860.
Cyberbullying is the act of intentionally and repeatedly harming someone with digital technologies. It occurs on social media, messaging apps, gaming networks, and mobile phones. The behaviour aims to scare, anger, or shame the targeted individual. Examples include spreading false information, posting embarrassing photos or videos, sending hurtful messages, and impersonating others.
Sections 67 and 67A of the Information Technology Act of 2000 provide relief for cyberbullying. Section 67A of the Information Technology Act of 2000 provides relief for the transmission and publishing of sexually explicit content online. The persons who do such an act, if convicted for the first time, will be punished with imprisonment of either description for a term which may extend to three years and with a fine which may extend to five lakh rupees, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Cybersecurity safeguards computer systems, networks, and data from unauthorised access, attacks, and breaches. It encompasses many measures, including encryption, firewalls, intrusion detection systems, and secure coding practices.
Malware, or malicious software, is intrusive software that might affect computer systems. Hackers usually use it to steal sensitive data and destroy the computer systems of organisations or homes.
Ransomware is a category of malware that encrypts and locks victims' data, files, devices, or systems. The victims can access the files only after a ransom payment is received. There are various ransomware, like WannaCry, Ryuk, and Cerber. For example, a ransomware called Crypto Locker made screen lockers virtually disappear and demanded ransom from victims.
Cyber grooming is grooming a young person online by befriending them online and later manipulating them to extort various favours, which can be inappropriate. An adult forms an emotional bond with a child using social media and online platforms meant for kids and later exploits them to obtain intimate and personal data and sexual favours from the child.
There are no specific provisions dedicated to cyber grooming in India. However, relief can be obtained by filing a complaint under the POSCO Act, which deals with the abuse of children online or the transmission of obscene materials to children. Relief is provided under Section 67B of the Information Technology Act,2000. It is a cognisable and nonbailable offence.
Cybercrime complaints are filed in the National Cybercrime reporting portal (https://cybercrime.gov.in/). The portal also provides an option to report crimes anonymously. There are distinct windows for financial and women/children-related crimes, and appropriate options must be chosen for filing the complaint. The complaint ID will be provided after the complaint is registered in the portal. However, it must be noted that it is not an FIR number, and the state authority will take further action.
The victim can contact the concerned grievance officers of the State if they are convinced by the actions taken by the state authority or authority of the union territory after registering a complaint. They can also contact the cybercrime helpline number 1930.
The complaint reporting screen has three sections:
There is an option for filing an anonymous complaint, especially when reporting crimes related to women and children. However, specific details like the complete description of the incident, state, time and place of occurrence, and district of occurrence would be mandatory. They can be reported at https://cybercrime.gov.in/Webform/Crime_ReportAnonymously.aspx.