Our Planet mother nature is not danger.Rather the human being are.Mother Earth was with or without the human being had exists.She also survived the evolution.She made the dinosaur fits in and didn’t made any such differences after it is demolished.Our planet had survived volcanic eruption.It has seen 3d dimension pictures.The question is not to save this planet but more importantly for the human to survive with the Evolution.Hence,we need to follow certain code and protocols in order to protect , safeguard this mankind.There were natural laws,Lawschools,which guided advised the set of rules to be followed by procedural laws and substantive laws.Light and heavy theories,codes, explanations, sections founded by the legalized legislatives.With the Evolution of Digitalisation and paperless thinking legal enactsments we’re changed.Tge quotations, principles,codes were given in the year 2000 with the creation of new chapter to the mankind,residence, citizens of India is Information Technology.
There was a new emergence of functional tool with the body of Cyber Appellate Tribunal Rules,(Power and functions of the chairperson Rules,2016 passed)
Published vide Notification No.G.S.R 520(E) 2nd May,2016.
Ministry of Communication and Information Technology (Department of Electronics and IT)
G.S.R 520 E – In exercise of the powers conferred by clause (w)sub section 1 read with sub section (2) of section 87 of the Information Technology Act,2000 (21 of 2000)The Central Government hereby makes the following rules namely-
1.Short Title and Commencement :-
1.These rules may be called Cyber Appellate Tribunal (powers and Functions of the chairperson)Rules,2016
2.They shall come into force on the date of Publication in the official Gazette.
Ref.by IT Act 2000
According to Ministry of Electronic and Information Technology, Government of India
“Cyber Laws yields Legal recognition to electronic documents and a structure to support e-filing and e-commerce transactions and also provides a legal structure to reduce,check Cyber Crimes.”
Ref- IT Department
When,Where,How Cyber Law Encompass-
Cyber law relates to–
2.Emails, Digital and Electronic Signature
4 Data security
5.Data Protection Tools
Including computers, Network,Software,Devices, Applications, Data storage,Harddisk,USB,Disks,Online Games, Pornographic Sites,anyhttpinks, Cellphones,ATM fraudulent calls,POS machines, Debit card and Credit card frauds,Onlinebanking,Moneytransfer,Netbanking, Advertisement,Wi-Fi Network.
Let us understand the explanations of Cyber Crimes in Simple words-
“Any wrong with the help or use of Technology with an object or device that (can be a computer or a cellphone)Or any Artificial Intelligence can be termed as Cyber Crime.We would like to understand about the categorisation of the Cyber Crime in a simple way-
1.Individual Cyber Crime
5.Defamatory Cyber Crime
6.Cyber Crime Against Legal Authorities
7.Cyber Crime Against Property
9.Transfer of Data without permission
13.Blackmailng or Threatened against personal pictures
15.Misuse of Digital Signatures
16.Spam and Junk Emails
19.Cyber Crime Against Government
20.Anti -National Posts.
27 Accessing to computers and devices
30.3rd party Encryption.
Advantage of Cyber law–
Organization are in keen interest to develop e-commerce websites,DigitalSignatures,and Digital business houses.Online digital business houses are builded often these days.Tgey are open 24*7/365 days window.It makes a comfortable bridge between the shopkeeper and the consumers.With a single ticket of choices of products and services along with digital phone pay option payment added extra benefit with the home delivery making trend of digital marketing and shopping from home.The business house which are enrolled digitally providing their services purchase an online Certificates and a license key from the issuing authority of the Government of the countries.Hence,make a historical appearance of containing in the Information Technology Act,(IT Act)came into force on October 17,2000.
Let’s discuss now very common sections we observe on a more or less regular basis from the IT Act,2000.
U/S 65– Tampering with computer Source Documents.
U/S 66–Hacking with Computer System
U/S 66 F–Punishment for Cyber Terrorism
U/S 67 –Publishing of Information which is obscene in Electronic form.
U/S 70–Protected System
U/S 71– Penalty for Misrepresentation.
U/S 72–Breach of Confidentiality and Privacy.
U/S 73–Penalty for publishing Digital Signature Certificates false in certain particulars.
U/S 74–Publication for fradulent purpose
U/S 81 A–Application of the act to electronic Cheque and truncated Cheque.
Ins.by Act 55 of 2002 S.13 (w.e.f 26/2/2003)
Cyber Crime under Special Acts
A.Sale of Narcotics,Drugs, Toxicants substances,
B.Online Sale of Arms.
Ins.Draft E pharmacy rules,1945,India under the ministry of Health,2018
Ins.Arms Act,1959 (India).
According to National Crime Records Bereau Report (NCRB),2011,these incidents have been raised rapidly by 85.4% in 2011.The offenders were aged 18-30 years and increased to 883 in the year 2011.
Location and Case laws–
1.There was a remarkable case of ATM fraud from Jamtara in Jharkhand location.
2.Maharastra considers to be the most Cyber Crime prone location emerging maximum number of of Telecommunication frauds.(Ref.N.C.R.B.2011)
- In the Annual Cyber Security Report by CISCO, New Delhi, and Bangalore occurring maximum number of attacks.
4.Interms of world phenomenon according to the report of India Today
Chennai faced highest number of Cyber attacks leading cases of 48%.
Let’s see few case laws:-
1.COSMOS BANK CYBER ATTACK 2018 Pune-The hackers hacked the server of Cosmos Bank and took out almost RS.94.42 crores from the cardholders.
2.ATM System Hacked 2018 Canara Bank Server hacked almost 300 users details.
3.2019,Cyber Attacks in India by US
4.According to Economic times and India times Report UK,India Police shut down Kolkata illegetimate call centres-21 Oct 2019.
5.Tech Support Scam Jobs in Kolkata –Reported by Monster India.
Ref-. India Today,2019
6.Impersonating as “Microsoft,WindowsEmployee”.Indian fake call centre/BPO duped thousands of Americans resulted into arrest by Kolkata Cyber Crime Cell.
7.According to “Udaipurtimes”34 arrested for running fraud call centres.
Ins.India TV -Report.New Delhi/Oct 21/2019/17.00 hrs
Loopholes- There are lot of bad experiences which has been shared due to the breach of security,or when people with the intention to cheat or fraud somebody for a wrongful gain with the help of digital media.Our system needs to be more enhanced and encrypted in one to one mode.That means what ever data is being provide,it will provide results.The results should be kept and producted among two parties.This should be revealed for the justice of system.To be precise–
1)We should be more conscious and aware about the data we share on Social platform on in telecommunication channels.
2)It is world wide web.So it is very much important that we should understand that we can not have control over sharing in a mass rather we should use firewall or a protection key tools.
3) Avoid opening unnecessary videos,e-mails,junks unknown sites.
4)Over the phone we should not share any of our confidential details like card numbers,OTP neither any legitimate company will ever ask for this.
5)An awareness to be spread before approving our digital Signatures.
6)No messenger,No application which ever asks to allow your personal data should be rejected.
7)Always pay an attention before paying any merchant cheque account.
8) Registration of I’d s
9) Keeping special attention before handing the phones and computers in front of kids.
10) Avoid using too many applications.
Conclusion–There are Cyber Laws to protect the security if breached but always to keep the fact in the mind “Prevention is better than cure”.In a very precise way I have tried to cope up most of the Cyber Crime Organization reason.But I think,these are not the enough loopholes we can measure because “Artificial Intelligence”is a much bigger and wider picture to abolish the peaceful,Social life and a mental life of an individual.Much more amendment we’re need to enact the I.T laws.Besides,the law makers should understand if it is not today,then it will be never tommorow.If it can happen to you it can happen to me or anybody.
Published in LEGAL SERVICES OF INDIA
WRITTEN BY TRISHA CHERRY CHAKRABORTY.
FORENSIC EXPERT, RESEARCHER, LAW STUDENT OF DHANBAD LAW COLLEGE.