Growing Threat of Cybercrimes In India
Written by Vaishnavi Bandhakavi
ABSTRACT:
In recent years, the internet has become an integral element of people’s everyday lifestyle all across the world be it personal or professional has revolutionised business, commerce and the way we keep in touch with our friends[1]. And cybercrime is not an old sort of crime to the world. It can be said that cybercrime includes any illegal activity where computer or Internet is either a tool or target or both. There are wide range of offences include cyber, stalking, cyber terrorism, email, spoofing, email, bombing, cyber pornography, cyber defamation, etc come under the category of cybercrimes, committed through the medium of computer or internet.
It is defined as any criminal activity which takes place over the medium of computers or internet or other technology recognised by IT act, information technology act and cybercrime is the most prevalent crime playing a devastating role in modern India.
In today’s digitally connected world, massive amounts of data generated by various entities and this data are of significant value and need to be protected from cyber threats.
Introduction:
Cybercrime is defined as an illegal activity or a contract in which a computer is utilised as a target or a tool or both cybercrime is rapidly developing field of crime these days and it is increasing at a rapid rate. It is difficult to trace the criminals because cybercrime can be committed from anywhere and anytime in the world virtually. So it has become a major issue that adequate laws infrastructure to be put in place to regulate cybercrime. Women and children are the primary victims of the violation. in today’s world, the internet is used merely in all aspects of the life as internet and its associated advantages grew in popularity. So did the notion of cybercrime.[2]
Basically, cybercrime is on the rise because it is regarded as the easiest method to commit a crime and people who have a lot of computer expertise. It is simpler for cyber criminals to gain access to data from here and then use it to withdraw money, blackmail and do other crimes cyber.
The rapid growth of this information highway has led to new forms of crimes online also termed as cybercrime.
How cybercrimes have become a threat?
Cybercrimes includes criminal activity that involves computer networks and digital devices. It can threaten and harm national security, businesses, and individuals. In particular people may find themselves as victims of cybercrime that attack their finances. It’s a wide scale problem that has impacted countless lives and our reliance on or dependence on the internet and the World Wide Web continues to make us increasingly vulnerable to cybercrime threats.
It is because cyber-attacks are cheaper, convenient and less risky than physical attacks. Cyber criminals only require a few expenses beyond a computer and internet access/connection It is difficult to identify and prosecute due to anonymous nature of the internet given that attacks against information technology system, it is expected that the number and sophistication of cyber-attacks will keep growing.
Reasons for increase in cyber-attacks in India:
Cybercrime in India is increasing with the increased use of information and communication technology.
The increase in online traffic, lack of awareness, lack of technical knowledge among police and in people led to difficulties in investigating cybercrime cases. All these factors have encouraged fraudsters to come up with new and innovative modus operandi to scam people.
Cyber criminals, target all the facilities offered across the world. They use social engineering tricks to scam people there on rise because we do everything on our mobile phones from studying to buying a simple item.
Trusting any messages and not understanding what is it, what is the direction of a payment in UPI, whether they are receiving payments or sending payments how a QR code works needs to be addressed.
It is a default set up to believe everything, it is important for people to think in a different way in this digital world and be vigilant about crimes have been committed. Either you understand and be a tech savvy, either you stop using the technology or adapt and learn
Children are highly vulnerable to cybercrime and this is an issue of serious concern. Children as young as 11 years are now on Facebook, Instagram. Even though social networking site is meant for beyond above 18 years old and children don’t know properly how to use social media so they may unknowingly post pictures of themselves, which may then which then our morphed and used to cyber bully them. [4]
What are the characteristics and types of cyber crimes?
People with specialised knowledge:
The concept of cybercrime is very difficult in the traditional crime also due to growth of information technology this crime has gained serious and unfettered attention as compare to the traditional crime. Cybercrimes can only be committed through the technology. It is to commit this kind of time. One has to be very skilled in internet and computers and internet to commit such a crime. The people have committed cybercrime our educated and have deep understanding of the usability of the internet and that’s made work of police machinery, very difficult to tackle the perpetrators of cybercrime.
Geographical challenges –
Types of Cybercrimes
Email and internet fraud
Identity fraud ( when personal information is stolen and used)
Theft of financial or card payment data
Ransom ware attacks
Cyber espionage, where hackers access, government or company data
Infringing copyright
Illegal gambling
Phishing
Solicitor or producing or possessing child pornography
Marlborough tax distributed DOS attacks are a type of cybercrime attack. Criminal criminals used to bring down a system or network sometimes connected to internet of things. IOT devices are used to launch DDOS attacks.
Legal remedies
The information technology act of 2000 subsequently revised in 2008 was an act to set limitations for this type of attackers and come to bed came to committing cybercrimes for lay people. This is not a cyber-law. This act establishes sanctions and compensation for offences involving technology. When a person is a victim of a cybercrime, he has the option of going to court to pursue legal action against the perpetrator.
The victim has to file an appeal in the court for compensation for the wrong done to him under section 43 a of information technology act of 2000 as this section covers the penalties and compensations for offences such as damages to the computer, computer system or computer networks et cetera. Any body corporate that deals with sensitive data, information or maintains it on its own or behalf of others and negligently compromise such date or information will be liable under this section and will be required to pay compensation according to records discretion.
Section 65 of the act covers the punishment for the offences which involve tampering with computer source documents where according to section who ever knowingly or intentionally concealed or destroys the writers or intentionally or knowingly causes another to conceal destroyer alter any computer source code used for computer programmer computer system or computer network with the computer source code is required to be kept and maintained by law for the time being in force shall be punishable with imprisonment up to 3 years or with fine which may extend to after two lakhs or with both.[5]
There is still some gaps in the IT act of 2008 since there are new and unknown cyber offences for which the loan is to stretch its arms and grip
Conclusion:
We are living in 21st century in a developing country where technology is progressing and humans are being displaced from their jobs. As a result of increased use of Internet at the rate of online crime is growing as well for which the victim has legal recourse.
However, we have seen that the number of cybercrime cases filed is growing faster than the number of solved cases which is attributed to people‘s negligence and shortage of cyber professionals who can handle the situations. As a result we require better training institutions as well as manager, brand of cyber security topics and increase trust in the security.
References
[1] RAM NARAYAN MURTHY, Cybercrimes on rise with growing digitisation, The Hindu Business Line, (December 06, 2022), https://www.thehindubusinessline.com/data-stories/visually/cyber-crimes-on-rise-with-growing-digitisation/article66231903.ece
[2]CYBER CRIME AND ITS CLASSIFICATION , https://www.bbau.ac.in/dept/Law/TM/1.pdf
[3] Cybercrime on the rise, (September 3, 2022), https://www.nextias.com/editorial-analysis/03-09-2022/cybercrime-on-the-rise/
[4] India: Promoting internet safety amongst ‘netizens’ https://www.unodc.org/southasia/frontpage/2012/May/india_-addressing-the-rise-of-cybercrime-amongst-children.html
[5] Shreya Kumari, Cyber crimes in India and its legal remedies, TOI, (JUL 15, 2021), https://timesofindia.indiatimes.com/readersblog/legal-writing/cyber-crimes-in-india-and-its-legal-remedies-35244/