CHAPTER - 1

CRIME IN CYBERSPACE : AN INTRODUCTION

1.1 Introduction

The rapidly mounting usage of internet, mobile applications and cyberspace

penetration has created innumerable opportunities as well as number of challenges
across the world. There has been rising concern among the international and
domestic landscape regarding cyber security due to increasing impact and
incidences of cyber attack. Cyber attacks such as hacking, phishing, espionage,
malware, terrorist supported cyber activities are major concerns of government,
public and private firms and other stakeholders regulating business, and fiscal
activities online. According to the recent statistical data available on internet users
across the world have crossed 4 billion and total no. of internet users as on
December, 2017 are approximately 4,156,932,140 across the world which
signifies the growing importance of information technology in our lives and it is
multiplying at a very fast pace every year.1 At the same time another thing which
is growing is the rising opportunities for cyber criminals to attack the weakest link
in the cyber space causing financial and personal losses to net users almost every
day. Regardless of increasing cybercrime rate, only 11 out of 54 countries have
implemented cyber securities laws and regulations.2 Cyber security incidents are
growing day by day and becoming more dangerous with each day. 3 It shows that
cyber offenders have been persisting to advance their threats, techniques, and
targets very rapidly making it almost impossible for government and private
agencies to mitigate the attacks. New researches advocate that by 2019, cyber
crime will cost industries over $2 trillion worldwide with more challenges and

1
Internet World Stats, World Internet Usage and Population Statistics, available at
http://www.internetworldstats.com. (Retrieved on 2 June, 2016).
2
Ernest Tambo, Kazienga Adama “Promoting cyber security awareness and resilience
approaches, capabilities and actions plans against cyber crimes and frauds in Africa”.
International Journal of Cyber-Security and Digital Forensics. The Society of Digital
Information and Wireless Communications (SDIWC),Vol.6(3) (2017).
3
Bhat, T.H., Khan, A.A. “Cybercrimes, security and challenges”. International Journal of
Advanced Research in Computer and Communication Engineering, Vol.6 (5) (2015).

1
complexities. 4 These figures make it imperative that today cyber security has
become compulsion rather than consideration. Cyber-security performs various
tasks such as protection of data, important assets, computers and computer
networks etc. Developing countries which lack cyber expertise and infrastructure
such as India has become the favourite among cybercriminals, mostly hackers
and other malicious actors who misuse the internet and online social
communication mode to commit crimes such as hacking, bullying, pornography,
identity theft, spamming, phishing etc. In view of the rising cyber attacks in U.S,
the concerned authorities have established the regulation of cybercrime as the
foremost priority of the nation. malicious actors who misuse the internet and
online social communication mode to commit crimes such as hacking, bullying,
pornography, identity theft, spamming, phishing etc. In view of the rising cyber
attacks in U.S, the concerned authorities have established the regulation of
cybercrime as the foremost priority of the nation.5 Although Cyber security is a
critical concern but due to limited resources it has become difficult for various
nations to provide complete security coverage at all times. 6It is very urgent today
to promote cyber security norms for prevention and protection of cyber space. The
rise in digital economy is dependent upon safe and secure cyberspace in order to
continue growing and supporting state's economy in future. In order to secure
cyber security regime, there is an urgent need to implement strategic policies of
the government with cooperation from industries, businesses and consumers to
step up the cyber capabilities and counterattacks the cyber intrusions, hacking,
online frauds and ransom ware across the world. Government need to build
practical, cost effective, strong strategies while establishing global cooperation for

4
Juniper research: The Future of Cybercrime & Security: Financial and Corporate Threats
& Mitigation 2015-2020 (2015). Available at: https://www.afcea.org/content/?q=Blog-
juniper-research-cybercrime-cost-businesses-21- trillion-2019. (Retrieved on 5 June,
2016).
5
Director of National Intelligence :Worldwide Threat Assessment of the US Intelligence
Committee (2014). For more details see; Finklea, K. and Theohary, C.A.: Cybercrime:
Conceptual Issues for Congress and U.S. Law Enforcement, Congressional Research
Service, R42547 (2015)
6
Arunesh Sinha, Thanh H. Nguyen, Debarun Kar, Matthew Brown, Milind Tambe, Albert
Xin Jiang; “From physical security to cyber security” Journal of Cybersecurity, Vol.
1, Issue 1, 1 September 2015, Pages 19– 35.

2
sustainable cyber security landscape to increase productivity and economic
prosperity. Today cyber security is not a concern of a single department but rather
an attitude of people in every organization.7 Government has to comprehend and
realize that cyber attacks have turned into more sophisticated attacks and entail
incessant monitoring by government and all other stake holders due to gigantic
threat to data and proprietary information to prepare a strong cyber security
policy in order to keep pace with these threats that not have been integrated in
their security strategies to provide a more complex solution to cyber-attacks.8 The
government needs to approve a framework which comprises of assessment of the
risk to the network, organizing a response team, implementing a security change
management practice, monitoring the network for security violations, maintaining
a review process that modifies the existing policy and adapt to lessons learned.9

1.2 General Concept of Cyber Space and its Importance

Now let’s discuss in brief about Cyber space and its definition.

“Cyberspace is a complex environment consisting of interaction between people,

software services supported by worldwide distribution of information and
communication.”10

Cyberspace is "the notional environment in which communication over computer

networks occurs”.11

7
John Hernams, Gerben Schreurs, “The five most common cyber security mistakes,
Management’s perspective on cyber security”, available at : www.kpmg.nl,KMG
Advisory, 2013. (Retrieved on 3 June, 2016).
8
Kevin Mickelberg, Laurie Schive, and Neal Pollard, “US Cybercrime: Rising risks,
reduced readiness, Key findings from the 2014”, US State of Cybercrime Survey.
Available at : http://www.pwc.com/cybersecurity, June, 2014. (Retrieved on 3 June,
2016).
9
Oredola A. Soluade, Emmanuel U Opara, “Security Breaches, Network Exploits and
Vulnerabilities: A Conundrum and an Analysis” International Journal of Cyber-Security
and Digital Forensics, Vol (3)4, Sep, 2014.
10
ISO/IEC 27032-2012(National Cyber Security Policy-2013) (Retrieved on 3 June, 2016).
11
Available at :
http://www.oxforddictionaries.com/us/definition/american_english/cyberspace) .
(Retrieved on 4 June, 2016).

3
The term "Cyberspace" gained popularity during 1990 period and a well known
name around the house hold and after the invention of World Wide Web, it
became to gather the attention of professionals, academicians, scholars especially
to explore more about this topic. 12 Cyberspace stand for the latest means of
communication, business, shopping, social media and electronic communication,
which has completely is substituted the older methods of communication.
Cyberspace has opened the doors towards new opportunities, dreams, new
dimensions, exchange of different thoughts and literally shrink the boundaries of
the world.13 Cyber space has helped people across the world to “connect” with
the people from different cultures within seconds, which was unthinkable fifty
years ago. It has changed the way of doing business, education and development.
Every country now depends on cyberspace for its economic and social growth.14
Now-a-days people of every nationality, race, and faith have come closer due to
online communication. Successful digital infrastructure has now become a must
for every country. Its importance can be gathered from the point that now it is
considered indispensable for economic growth of every Nation. Slowly due to
various benefits of cyberspace, financial and social communication as well as
transactions completely dependent on computers and internet based networking.
This has given rise to more cyber crime incidents and digital attacks around the
world. earlier these attacks and intrusions were just done by IT scholars to
explore its various dimensions but slowly it has become a organised crime
syndicate. Hackers even started competed against one another to win the label of
the superlative hacker. But slowly these hackers became more skilled, they started
employing their knowledge and expertise to gain advantage monetary or otherwise
by exploiting others .These hackers found out that in cyberspace the rate of return
on investment is high and the risk is low and moreover chances of getting caught

12
Jay Clayton, "Postmodernism and the Culture of Cyberspace", Published in course
syllabus of Vanderbilt university, Fall 1996 course syllabus. Available at :
https://www.vanderbilt.edu/AnS/english/Clayton/sch295.htm. (Retrieved on 5 June,
2016).
13
Terry flew “New Media: An Introduction” Pub by; OUP Australia and New Zealand, 3
edition (31 Jan 2008).
14
“The Worldwide Crime Web” available at : www.bbc.com/news/uk-politics, July 2010
BBC News (Retrieved on 5 June,2016).

4
are very bleak which lured more hackers and other interested crime organisations
into this business. Cybercriminals came to know about the unique quality of
online exploitation where they don’t have to invest anything but they can gain
15
mush in the context of money, name and fame in the cyber world. Hence, this
has led to an augment in cyber crime across the world.

1.3 Cyber Crime

Cybercrime is defined as a “crime in which a computer is the object of the crime

(hacking, phishing, spamming) or is used as a tool to commit an offence (child
pornography, hate crimes). Cybercriminals may use computer technology to
access personal information, business trade secrets, or use the Internet for
exploitive or malicious purposes.” Criminals can also use computers for
communication and document or data storage. Criminals who perform these
illegal activities are often referred to as hackers.16 Computer crime, or cybercrime,
is crime that involves a computer and a network. 17 There are various types of
cybercrimes flourishing today. Few of them are as follows:

1.4 Types of Cyber Crime

1.4.1 Against Individuals: –

 Harassment via e-mail

 Cyber stalking
 Dissemination of obscene material
 Defamation
 Cracking/Hacking
 Email spoofing
 SMS spoofing
 Carding

15
Available at : www.crossdomainsolutions.com/cyber-crime/. (Retrieved on 6 June, 2016).
16
Available at : https://www.techopedia.com/definition/2387/cyber crime. (Retrieved on 6
June, 2016).
17
Moore, R. Cyber Crime: Investigating High-Technology Computer Crime, Cleveland,
Mississippi: Anderson Publishing. (2005).

5
  Cheating and fraud
 Online pornography
 Cyber bullying
 Identity theft
 Spam
 Malicious program or virus
 Drug trafficking
 Web-hijacking
 Breach of Privacy

1.4.2 Against Individual Property: -

 Intellectual property crime

 Cyber squatting
 Cyber vandalism
 Malicious software
 Internet time theft/Data theft
 Phishing
 Denial of Service attacks
 Net extortion/ Ransomware
 Salami Attacks
 Piracy
 Data diddling
 Corporate espionage
 Embezzlement
 Password sniffers

1.4.3 Crime against Government

 Cyber terrorism
 Cyber warfare/Espionage
1.4.4 Crime against society at large
 Child pornography

6
  Cyber trafficking
 Online gambling

1.5 Present Scenario

In Present set-up practically everything is accessible in digital figure e.g. Money,

Stocks, bonds, building as in architectural drawings, Calculations, Images,
political Events, Elections, Demonstrations, Revolutions, Education, Scientific
Research and Other Intellectual Activities. Computer technology once regarded as
the domain of select number of technical wizards, is now recognized as a
significant rather intricate part of our society18

1.5.1 Increase in cyber attacks in India

Increase in cyber attacks in India Year after year, cyber attacks continue to shoot
up in occurrence, relentlessness and impact. Deterrence and exposure methods
have proved largely futile against the increasingly proficient assaults. A survey
has revealed that incidents of contravention in the Indian cyberspace have
increased twofold over the year 2014-15. Indian organisations detected 117%
more incidents over the previous year. These incidents were 6, 284 in 2014 and in
2015 there were reports of 2,895 intrusion attempts in India.19 Indian firms have
reported that they have observed that every year these incidents keep growing
with the yearly rate of 68 percent

1.5.2 Increase in reported cases under the Information Technology Act, 2000

The most frequent cyber attacks inflicted were virus attacks, phishing attacks,
online bullying, financial frauds, hacking to steal data, identity theft, spam,
malware attack and bot net attacks etc. A report by the National Crime Records
Bureau (NCRB), Ministry of Home Affairs, Government of India, titled Crime in
India-2014, shows a 69% increase in cases reported under the Information

18
Nancy Gonchar and JoanRoper Adam, ‘Living in Cyberspace: Recognizing the
Importance of the virtual World in social work assessment”, Journal of Social Work
Education ,Vol. 36, No.3(fall 2000).
19
Source: National Crime Records Bureau (NCRB): Crime in India, PwC analysis
2015, available at : ncrb.gov.in. (Retrieved on 6 June 2016).

7
Technology (IT) Act in 2014 from the last year.20 The number of cases recorded
increased from 5,693 in 2013 to 9,622 in 2014.21

1.5.3 Financial losses increase twofold

Financial losses increase twofold fiscal losses increased by 135% over the
previous year, due to escalation of cyber incidents which is a steep rise compared
to the earlier year losses. These rising cyber incidents caused a huge fiscal losses
and Indian enterprises had to suffer more monetary losses which increased by 8
percent which is a cause of concern among the commerce fraternity.22

1.5.4 Increase in cyber terrorism incidents

The National Investigative Agency who is incharge of investigation cyber

incidents and its origin has stated that certain terrorist group such as “Indian
Mujahideen” are using advance technology and complex cyber breach software
which easily befool the investigating agencies and are capable of automatic
disappearance if not approved within 24 hours. They are using highly encrypted
codes, and complex computer languages to mislead the authorities in wrong
direction. According to these reports, their origin has been traced back to the
neighbouring countries of India such as Nepal, Pakistan and China. 23

Another alarming fact associated with cyber crime and its nexus with terrorism is
that there are presence of some online accounts of terrorist named 'Mehdi' alias
'Shami Witness' who was misleading the youth with the help of these accounts in
order to persuade them to join the “Jihadi” movement in India from Bengaluru.
Over the past few years, India has witnessed a huge rise in cyber intrusions upon
its defence and national security servers with an aim to create panic and steal
important data such as hacker group called 'Anonymous' has launched a high

20
Ibid.
21
CERT-In. Available at: http://cert-in.org.in. (Retrieved on 7 June, 2016).
22
Turnaround and transformation in cyber security, PwC analysis 2015, available at :
https://www.pwc.com/us/en/services/consulting/cybersecurity/library/information-
security-survey.htm. (Retrieved on 7 June, 2016).
23
Prakash Katoch “ Like China, India needs to encourage 'hacker clubs' in view of the
challenges of virtual terrorism”, available at: www.rediff.com/news/April 24, 2015.
(Retrieved on 8 June, 2016.

8
level cyber breaches against various government authorities to protest against the
decision of the Indian government regarding censorship of online Data.24 There
are various hackers group as recognised by the Investigating agencies such as
'Pakistan Cyber Army' and “Hackers from Algeria” who are found involved in
different cyber intrusion activities in India against the important government
departments.

In January, 2016 there was a terrorist attack on The Pathankot IAF base which is
near the border with Pakistan. .25 This attack although not directly associated with
cyber intrusion, still highlight the deplorable security system and technical support
system to detect doubtful movement in India especially around such a high
security area . To counter such threats India need to undertake sound, preventive
and responsive security measures.

After analysing the present landscape, we can say that India needs a well planned
and comprehensive Cyber security policy to tackle and mitigate this growing
challenge.

1.6 Present legal landscape in India

1.6.1 Information Technology Act 2000

This Act was enacted with an aim to consider the resolution of the United Nations
Commission on trade law in which the United Nations passed a mandate to its
member Nations to enact a legislation based on model law on electronic
commerce. As corollary of which Information Technology Act, 2000 was
approved and imposed on 17 May 2000. Moreover government amended, Reserve
Bank Of India Act, 1934, the Indian Evidence Act, 1891 and Indian Penal Code,
1860 with an aim make them attuned with the Act 2000. IT Act, 2000 was the
most awaited legislation in India because at that time there was no statute to deal
with information technology and its related activities in India. But still it was

24
Haris Zargar, “India must wake up to cyber-terrorism” Indo-Asian News Service ,
available at : www.gadgets.ndtv.com/ internet/news /2 April 2013. (Retrieved on 8
June, 2016).
25
S G Vombatkere, “Security beyond the Pathankot Attack” Issue- Net Edition 15 Jan,
2016, available at : http://www.indiandefencereview.com, (Retrieved on 9 June,2016).

9
criticised by scholars, technical experts and industrial stockholders due to it’s
inadequate and insufficient legal provisions to encompass the latest cyber security
issues. There are various loopholes in the Act. e.g.—Act neither comprehensive
nor exhaustive.

 Certain offences have not been dealt with in the act.

 There are ambiguities in the definition.
 Lack of awareness.
 Jurisdictional issues.
 Absence of cyber savvy benches.

To overcome the hurdles and loopholes in the Act of 2000, government

introduced certain amendments by passing the Information Technology
(Amendment) Act, 2008 enforced from 27 October 2009.This Act has brought
many changes in Information Technology Act, 2000. Following changes has been
introduced.26

1.6.2 Information Technology (Amendment) Act 2008

 New cyber crimes as offences under amended Act under Sec.66A,

Sec.66B, Sec.66D, Sec.66C, Sec.66E, Sec. 66F. A new offence of Cyber
terrorism is added in Section 66F which prescribes punishment that may
extend to imprisonment for life.
 Electronic signatures introduced under Section 3A (2), 3A (3), Section 5
 Corporate responsibility introduced under Section 43A
 Important Definitions Added under Section 2(ha), 2(w).
 Legal validity of electronic documents re-emphasised under Section 7A,
10A.

Although this Act bought a tremendous change in the Information Technology

Act, 2000, still it has lot of shortcomings.

26
Karnika Seth “IT Act2000vs 2008 Implementation, challenges and the Role of
adjudicating Officers” National seminar on Enforcement of Cyber Law, New Delhi on 8th
May @2010

10
1.6.3 Shortcomings in Information Technology (Amendment) Act, 2008

 Section 66A was inserted to punish online bullying, sending offensive

messages does not clearly define the parameter of its extent, which leads to
confusion and chaos while application of this section. Apart from that, due
to its limitless application it is bound to inflict damage to the fundamental
rights of an individual protected under article 19 of our Constitution. 27
This Section Punishes any message which is found to be "grossly
28
offensive" or simply it causes the receiver of the message an
"annoyance" or "inconvenience"29 while being known to be false, cannot
be considered a solid reason to curb on the freedom of speech unless it is
directly related to morality, decency or defamation, public order, (or any of
the four other grounds enlisted in Art. 19(2) of the Constitution of India.
 An amendment to the provision on intermediary liability 30 has been made
which punishes the actual violators of law not considered sufficient by
many cyber experts being inadequate to create a deterrent effect regarding
growing cyber crime activities.
 further sub-sections 69(2) and 69B(2) that were inserted by the amendment
Act of 2006 were given wide application and interpretation space which
can be misused to the detriment of the accused and thus there ia a need to
insert procedural safeguards in these sections to avoid miscarriage of
justice and maintain the basic rights of human beings.
 There has been seen that government with a view to control the incoming
and outgoing traffic, seems to transgress the privacy rights of its citizens.
This amendment just proved that because under this amendment
government has extended the limit of its decryption powers whereas no
procedural guidelines or encryption policies has been laid down.

27
Pranesh Prakash ,Short note on IT Amendment Act, 2008, (2009), available at:
www.cis-india.org. (Retrieved on 9 June, 2016).
28
IT (Amendment) Act, 2006 (S.66A(a)).
29
Ibid, (S.66A(c)).
30
Id. (S.79).

11
  Another major changes done by the Government is reduction of quantum
of punishment for many cyber crimes which should be other way round to
effectively deal with rising cyber crime scenario in India.31
 The majority of cyber crimes need to be made non-bailable offences.
 Detailed legal regime needed to protect privacy of individuals and
institutions.
 Section 66F(1)(B), which was incorporated to define and provide
punishment of the term "cyber terrorism" is clearly too broad and is very
likely to be misused and misinterpreted very easily. Thus this might cause
much confusion rather than helping in eradication of cyber criminals. It
also included the act of slander into the realm of ‘terrorism’ which is
beyond comprehension.
 To plug in these loopholes, Government of India has been enacting
various rules under Information Technology Act to cover the latest cyber
crimes and challenges. Some of these rules are hereunder-32
 Digital Signature (End Entity) Rules, 2015.
 The Digital signature or electronic Authentication Technique and
Procedure (Amendment) rules, 2015.
 Information Technology Act (The Indian Computer Emergency Response
team and manner of performing function and duties) Rules, 2013.
 Information Technology Act (Procedure and Safeguards for Interception,
Monitoring and Decryption of information) rules, 2009.
 Information Technology Act (Procedure and Safeguards for blocking for
access of information by public) rules, 2009.

In spite of all the legal legislation regarding maintaining cyber security, still there
is constant rise in cyber crime in India. Our policy makers must draw their
attention towards goal oriented legislation rather that describing about the
offences and punishments with clear guidelines. Cyber security environment in

31
Soumik Chakraborty and Sreedhar Kusuman “Critical Appraisal of Information
Technology Act” December 17, 2014, available at: www.lawctopus.com. (Retrieved on
10 June, 2016).
32
Available at : Deity,gov.in/content/notifications, (retrieved on 11 June, 2016).

12
India is in great danger and cyber threat and risks are becoming more and more
harmful in the context of their capabilities and consequences.

To counter the escalating effects and causes of cyber intrusions, the Government
of India released the National Cyber Security Policy, 2013 on July 2, 2013. 33 The
rationale of this document is to make certain a safe and sound cyberspace for
citizens, commerce and the government. With swift information stream and
business occurring via cyberspace, a National policy was much necessitated.

1.7 Cyber security

1.7.1 Meaning
 “Measures taken to protect a computer or computer system (as on the
Internet) against unauthorized access or attack”.34
 “Cyber security refers to preventative methods used to protect information
from being stolen, compromised or attacked. It requires an understanding
of potential information threats, such as viruses and other malicious code.
Cyber security strategies include identity management, risk management
and incident management”35.
 Sec.2 (nb) (Inserted Vide ITAA 2008) "Cyber Security" means protecting
information, equipment, devices, computer, computer resource,
communication device and information stored therein from unauthorized
access, use, disclosure, disruption, modification or destruction.36

1.8 National Cyber Security Policy of India, 2013

1.8.1 Objective of the policy37

 The Cyber Security Policy endeavours at fortification of information
infrastructure in cyberspace, trim down vulnerabilities, erect capabilities to
thwart and counter cyber hazards and diminish injuries from cyber

33
Sanjeev Tomar “National Cyber Security Policy 2013: An Assessment” IDS comment
August 26, 2013, available at: www.idsa.in. (Retrieved on 12 June, 2016).
34
Available at : www.merrium-webster.com/dictionary. (Retrieved on 12 June, 2016).
35
Available at : https://www.techopedia.com/definition. (Retrieved on 13 June, 2016).
36
Available at : https://cactusblog..files.wordpress.com/201. (Retrieved on 13 June, 2016).
37
Available at : Deity.gov.in/content/national-cyber-security-policy-2013. (Rretrieved on
14 June, 2016).

13
 incidents through a amalgamation of institutional organizations,
individuals, method, technology and assistance.
 The purpose of this policy in clear word is to build a secure cyberspace
ecological unit and reinforce the regulatory structure
 A National and sectoral 24X7 machinery has been visualized to deal with
cyber intimidation through National Critical Information Infrastructure
Protection Centre (NCIIPC).
 Computer Emergency Response Team (CERT-In) has been elected to
proceed as a Pilot agency for harmonization of disaster management
endeavours.
 The policy aim at promoting efficient public and private corporation and
collaborative rendezvous through technical and operational assistance.
 This Policy endeavours to promote the research and progress processes in
cyber security.
 The policy envisages to encourage each institutes/ organisations dealing
with online contact whether public or private to assign a person to act as
Chief Information Security Officer (CISO) who will be accountable for
cyber security initiatives.

The National Cyber Security Policy, 2013 is very significant effort on part of the
Government of India towards safeguarding the cyber security environment of our
Country, but there are certain grey areas and drawbacks which needed a review
and revision to make it more efficient for future complexities.38

Cyber security has been grabbing the attention of lawmakers and cyber experts for
the last few years and in view of the various government initiatives to turn Indian
economy into digital economy, this topic comes out to be as more significant
aspect to achieve that. Secure and safe cyber security infrastructure will definitely
prove to be a boon for Indian Economy and it’s status in International market.
“Can we secure the world from the bloodless war? I’m talking about cyber
security. India must take the lead in cyber security through innovation. I dream of

38
Available at : www.idsa.in/idsa comments/national cyber security
policy2013_stomar_260813. (Retrieved on 14 June, 2016).

14
Digital India where cyber security becomes an integral part of National security,”
Prime Minister Narendra Modi quoted on Cyber Security.39

Mere formulation of policy without goal oriented roadmaps and detailed

guidelines, it is impossible to defeat the rising graph of cyber attacks especially
looking at the complex dynamic of cyber security challenges and escalating
sophisticated breaches where constant supervision, detection, revision and
management of cyber risks are impertinent.40
So main focus of this research will be to critically analyse this cyber security
policy of India to see whether it is capable of achieving its objectives or not?

1.9 Literature

The researcher has gone through following literary tools

Cyberspace provides countless jobs, opportunities, benefits and comfort to people

around the globe .to realize its full potential for greater prosperity and progress,
and we need to ensure that crime and aggression which has made their way to
digital world should be prevented.

Constant research, innovation and development in cyber technology is very

important to keep up with the growing challenges posed by crime and criminals in
cyberspace. A lot of research has been done on this topic .Since it is a global and
dynamic phenomenon, there are International agencies who encourage various
cyber security policies to be adopted by developed as well as developing Nations
and provide valuable information regarding latest technologies to tackle
cybercrime. The researcher has taken help of various books, online journals,
International conventions, policies adopted by various nations. In addition to these
online articles and case laws which provide insight into what has been done and
what needs to be done in this field.

39
Prime Minister Narendra Modi’s quote on cyber security. Available at :
http://www.ndtv.com/cheat-sheet /five-points-pm-narendra-modi-made-on-digital-india-
777199 and http://www.assocham.or g/event detail.php?id=1168#. (Retrieved on 14
June, 2016).
40
Pavan Duggal, Indian National Cyber Security Policy-A Lega; Analysis, Saakshar Law
Publications (15 January 2015).

15
1.9.1 Books

Pavan Duggal 41 provides a detailed analysis of the National Cyber Security

Policy of India issued in 2013. This book explains the a range of facets of India's
vision regarding cyber security and how it recommends to carry on forward in the
course of fortification and conservation of cyber security in India. The Book
analyses the Indian Cyber Security Policy from a legal perspective. This Book not
only highlights the advances made by the Indian Cyber Security Policy, but also
highlights some of the drawbacks concerning the said Policy. This Book presents
the analysis of Indian Cyber Security Policy for a lay user so as to have a more
holistic view of the entire position in India pertaining to cyber security.

Ananda Mitra 42 in his book has discussed in detail all the disadvantages of
widespread internet in the international level .It has also highlighted various
computer crimes and types of cyber attacks being committed all over the world
and their impact on global arena. This book portrays how computers are equally
responsible for committing and stopping crimes.

Gurpreet S Dhillon 43 in his book has explained about various hurdles that
countries across the globe has to face in order to safeguard their cyber security
framework. This book enlightens that government plays a very important role in
diminishing the rising threats of cyber intrusions due to its financial and
infrastructure abilities and resources. This book covers and explains the many
cyber criminal activities such as online frauds, cyber stalking, Cyber bullying,
Virus attacks, malware attacks cyber forensics and Cyber terrorism.

Mark Johnson 44 in his book has elucidated the issue of overdependence on

technology upon internet and information technology. Due to this rising

41
Pavan Duggal, Indian National Cyber Security Policy- A Legal Analysis, Saakshar Law
Publications (15 January 2015).
42
Ananda Mitra. Digital Security: Cyber Terror and Cyber Security (The Digital World),
Chelsea House. ; 1 Edition (1 May 2010).
43
Dr. Gurpreet S Dhillon, Essentials of Cyber Security, Paradigm Books (14 May 2014).
44
Mark Johnson, Cyber Security, Law and Digital Intelligence, Gower Publishing Ltd.
(2013).

16
dependence, cyber risks have also increased which is growing each passing day.
This book analyses the importance of understanding the present cyber security
threats to face the unprecedented challenges as well as emphasising that cyber
security framework and digital capabilities are the necessary tools to effectively
retort to this challenge.

P.W. Singer and Allan Friedman 45 in their book highlights the importance of
cyberspace and all the positive and negative impact it has on society. Since the
above research has been undertaken to throw light on present cyber crime
situation, this books provides an insight to it. This book also discusses cyber
security issues from cybercrime to online freedom, politicians protecting their
Nation from new forms of attack, while planning new cyber wars with their
neighbours to get strategic advantage.

Raghu Santanam,M. Sethumadhavan and Mohit Virendra46 in their book provides

insight into various modes of defending and improving cyberspace. This book
provides knowledge about variety of issues related with cyber security such as
utilisation of technical and social tools to make use of information technology
infrastructure in a safest way possible without damaging the core of its existence.
Roger W. Smith47 in his book has very deeply illustrated how cybercriminals are
stealing information online which is resulting in loss of lakhs of rupees every year
.This book provides various measures to be adopted by companies and individual
alike to defend their personal information. The digital world is changing fast—and
cybercrime is changing with it.

Nina Godbole, Sunit Belapure48 in their book has focused on cyber threats and
cyber security. This book explains the general concept of cyber security to help
researcher to understand the implications of cybercrime. The book explains the
45
P.W. Singer and Allan Friedman, Cyber Security and Cyberwar, Oxford University
Press (2014)
46
Raghu Santanam, M. Sethumadhavan and Mohit Virendra, Cyber Security, Cyber crime
and Cyber Forensics:--Applications and Perspective, Idea Group inc.(2010).
47
Roger W. Smith, Cybercrime - A Clear and Present Danger: The CEO's Guide to Cyber
Security, Create Space Independent Publishing Platform; 1 Edition (21 June 2014).
48
Nina Godbole, Sunit Belapure, Cyber Security: Understanding Cybercrime, Computer
Forensics and Legal Perspectives, Wiley India Ltd., (2011).

17
very significant legal framework of India dealing with cyber crime and cyber
security. This book covers both national and international aspect of this issue
while providing a list of cautionary steps for end users to avoid being a cyber
attack victim.

Nir Kshetri 49 in his book has examined and evaluated cybercrime in diverse
countries and to create its impact on international market and economy’s
affluence. Global cybercrime has become a flourishing financial industry today.
Nir Kshetri Appraises and compares the blueprints, description and progression of
cybercrime activities in chief areas and economies in the world such as Latin
America, China, India, Sub-Saharan Africa and the Caribbean, to analyse state
preparations and policies.

Pavan Duggal50 in his book, compares the legal legislation of various countries
regarding regulation of cyber crime. This book explains and highlight the other
significant issues such as right to free speech, right to privacy and legal legislation
related with these issues in India.

M. Dasgupta 51 in his book, highlights rapid growth of Information and

Communication Technology (ICT) and its growing importance in the fields of
storing, receiving and sharing data across the world which has raised the bar for
the security requirements also. This book helps to make sure that readers
understand the value of having a cyber security framework to assess and manage
the growing cyber crime phenomenon as well as risk management and control
with information assurance machinery.

Pavan Duggal 52 in his book seeks to analyze the legalities concerning use of
WhatsApp in India. It also examines the role of this app in criminal activities as
well as legal provisions pertaining to its regulation in India.

49
Nir Kshetri, Cyber Crime and Cyber Security in Global South, Palgrave
Macmillan, (2013).
50
Pavan Duggal, Cyber Law, Free Speech & Privacy, Saakshar Publication, (30 December
2014).
51
Dr. M. Dasgupta Cyber Crime In India A Comparative Study, Eastern Law House
(2014).
52
Pavan Duggal, WhatsApp & Indian Cyber Law, Saakshar Law Publications, (15 January
2015).

18
1.9.2 Articles

Nalini R53 her article illustrates the history and origin of cyberspace. In this article
she described the advent of computer and its step by step evolution in India. She
has also highlighted the harmful effects of these cybercrime activities on an
individual, society and nation as a whole. She has divided the crime in cyber space
into three major categories i.e. crime against persons, crime against property and
crime against government. She has also given clear examples of such crimes and
discussed these in detail. She has also prescribed various recommendations to
strengthen our cyber policy. In this article she has analysed The Information
Technology Act 2000 in depth and points out its loopholes and drawbacks .she
also discussed in detail to how to plug in these loop holes and create a stronger
defence mechanism to deal with this growing menace.

Juhi Talati54 in her article has discussed in detail the loopholes in our judicial
procedure in matter of cybercrime and cyber criminals. This article emphasize that
proper judicial procedure and investigation of cyber offences are really important
to curb these increasing menace around the world. In this article she explains the
importance of various international conventions which provide guidelines to be
followed in matter of cybercrimes. She also described in detail that cyber crime is
not national issue but an international phenomena that needs to be addressed
through international covenants and treaties. She has tried to throw light on
various drawbacks of Indian Judicial system dealing with cyber criminal. She has
also illustrated that efforts made by Indian government in this direction are not
sufficient and effective to tackle this menace.

Pavan Duggal 55 in his article described in detail, the origin and history of The
Information Technology Act 2000.This article illustrates in depth all the step by
step procedure which led to the enactment of this Act. This article highlights all
53
Nalini R “Prevention of Cyber Crime”, available at : admin@legalserviceindia.com
December 13, 2012
54
Juhi Talati “Cyber Crime: Default in Success of Conviction due to lack of Jurisdiction”
available at : admin@legalserviceindia.com November 07, 2012. (Retrieved on 15 June,
2016).
55
Pavan Duggal “India: Cyberlaw In India: The Information Technology Act 2000” 6
September 2001, available at : www.mondaq.com. (Retrieved on 15 June, 2016).

19
the objectives that this Act seeks to achieve through this Act in detail. In this
article author has provided chapter wise detail and highlights its importance as
well as drawbacks of this Act. He has also explained all the positive sides and
negative side of this Act. This article points out how this Act may cause conflict
of jurisdiction in India. It also provides various measures to strengthen this Act by
amending it for its successful implementation.

Marco Gercke 56 in his article has tried to explain the advantages and risks
involved in the growing phenomena of cyberspace at a global level. It has offered
in deep investigation of following topics namely, effect of rising crime on
developing countries , concept of cybercrime , definitions and kinds of
cybercrime, ramifications of cybercrime offences , International elements of
cybercrime offences against the privacy, veracity and accessibility of computer
data and systems , growth of computer crime, anti-cybercrime policies,
cybercrime legislation as an vital part of a cyber security strategy , a cybercrime
strategy as preliminary stage and the responsibility of regulators in curbing
cybercrime etc.

Anoop Kumar Verma, Aman Kumar Sharma57 in their article depicts the diverse
challenges of cyber security in India and around the world. Cyber security is now
not restricted only to usage of Internet on a Desktop PC but securing information
on Tablets, smart phones as they became very important communication medium
because of technological advancements has grown up very rapidly in past few
years. This book highlights the importance of collaboration between various
stockholder of cyber space landscape such as politicians, scholars, IT experts,
industrialists, and community to counter the cyber crime hazard in India and in the
World.

56
Prof. Dr. Marco Gercke, “Understanding Cyber crime: Phenomena, Challenges and Legal
Response” September 2012, available at : www.itu.int/ITU-
D/cyb/cybersecurity/legislation.html. (Retrieved on 15 June, 2016).
57
Anoop Kumar Verma Aman Kumar Sharma “Cyber Security Issues and
Recommendations” Volume 4, Issue 4, April 2014 ISSN: 2277 128X, International
Journal of Advanced Research in Computer Science and Software Engineering Research
Paper, available at : www.ijarcsse.com. (Retrieved on 16 June, 2016).

20
Rupinder Pal Kaur58 in her article has covered variety of issues such as diverse
kinds of cyber crimes, cyber crime rate and comparison between the rate of cyber
crime occurred in 2012 with previous years. This article has thrown light upon
major cyber intrusion such as phishing, vishing, botnets, stalking etc with example
of some currently happened cases.

Atul Bamra 59 in his article centres on a collection of apprehensions related to

cyber crime and the responsibility of Government to contest the issue. Moreover
conclusions describe concentration to selection of cyber crime which is not
enveloped in the IT Act. This article has disclosed a grave need of alertness and a
scale of smugness on the part of IT associations and security officers to curb the
threat of cyber crime. It also pointed how most of the time cyber crimes remain
unreported due to the lack of awareness among internet users and employees of
financial institutions.

60
Atul M. Tonge1, Suraj S. Kasture, Surbhi R. Chaudhari in their article has
examined the significance of privacy for individuals as a fundamental human
right. Violations of human rights arise from the unlawful collection and storage of
personal data, the problems associated with inaccurate personal data, or the abuse,
or unauthorised disclosure of such data. This paper also includes the current
threats, issues, challenges and importance of IT sector in our society.

Beside above sources Government policies and parliamentary debates which are
available online provide insight regarding what Government is doing to strengthen
the cyber security of the Nation. All above research tools help the research scholar
to do up to date and comprehensive research on this issue

58
Rupinder Pal Kaur, ““Statistics of Cyber Crime In India: An Overview” IJECS Vol.
2, Issue 8, August, 2013 Page No.2555-2559.
59
Dr. Atul Bamrara “The Challenge of Cyber Crime in India: The Role of Government”
Pakistan Journal of Criminology, Vol. 3, No. 3, Jan, 2012, pp. 127 – 134.
60
Atul M. Tonge, Suraj S. Kasture, Surbhi R. Chaudhari “Cyber Security: Challenges for
Society- Literature Review” IOSR-JCE, Vol. 12, Issue 2 (May. - Jun. 2013), PP 67-
75, available at: www.iosrjournals.org. Retrieved on 16 June, 2016).

21
1.10 Research Problem
 According to recent reports of International Data Corporation theft, the
number of devices connected to the internet will reach 30 billion in 2020,
up from estimated10.3 billion last year.61Broadband penetration in India is
only 10 per cent. By 2018, it will be 62 percent of India’s mobile data
traffic, and there will be 526 million internet users.62In this study, efforts
will be done to showcase that in today’s data-centric environment, where
huge amount of information is left online without any safety guards will
cause catastrophic losses.
 During 2014-15 the government of India launched various schemes and
projects like Digital India, the UID scheme, the 100 Smart Cities Mission,
E-health, E-commerce, Mobile payment and Digi locker etc. 63 These
programmes will involve large scale digitisation, storage and transfer of
data, electronic collection of data from residents and processing, common
standard for interoperability between schemes and potential data sharing of
data.64 This study will try to throw light on the fact that without strong
cyber security policy these schemes might prove more harmful than
beneficial.
 The unveiling of the National Cyber Security Policy in 2013 was a
welcome step in effort towards a secure cyberspace. However the policy
suffers from several shortcomings. In fact, the essential techno-legal
framework is still evolving in the country for emerging areas like Cyber
Forensics, e-Discovery, Encryption, Cyber Insurance, Cyber privacy and
Data-protection etc. The lethality and the sophistication of the cyber

61
International Data Corporation (IDC) (June 2015) Connecting the IOT: The Road to
Success, available at : https://www.idc.com/. (Retrieved on 15 June, 2016).
62
Sneha Maselkar & Madanmohan Rao "A billion mobile users: new startup profiles and
innovation insights from Mobile India 2016" 14th January 2016, available at :
https://yourstory.com/2016/01/billion-mobile-users-startup-profiles-innovation-insights-
mobile-india-2016/. (Retrieved on 16 June, 2016).
63
Krishna Prasad, Smitha,” Back to the Basics: Framing a New Data Protection Law for
India (January 30, 2018). Available at SSRN: https://ssrn.com/abstract=3113536
ohttp://dx.doi.org/10.2139 /ssrn.3 113536) (Retrieved on 17 Apr, 2018).
64
Ibid.

22
 threats continue to grow at a menacing speed with every passing day. It is,
therefore, imperative to keep pace with the ever-changing threat scenario
by continually updating the techno-legal framework and our skill power
and technical complexities. So this study is most significant in present
scenario and will be relevant and helpful to general public and policy
makers.

1.11 Hypothesis

The enactment of National Cyber Security Policy, 2013 although, a step in right
direction but suffers from major shortcomings which needs to be rectified for
controlling cyber crime and successful implementation of various government
schemes and projects in India.

1.12 Objectives

1. To study the diverse and profound benefits of cyberspace in India and across
the globe.
2. To analyse the dark side of this phenomenon i.e. digital crime and all the
challenges it is posing today in front of every Nation whether Developed or
Developing.
2. To study the present legal landscape in India regarding cyber crime.
3. To evaluate and examine the effectiveness of National Cyber Security Policy,
2013.Also to see whether this policy is appropriate to handle the current problem?

1.13 Research Questions

1. Are there any benefits or advantages of cyberspace In India and around the
world?
2. Are there any negative effects of rising cyber crime and challenges?
3. Does India have effective legal landscape to counter the growing Cyber security
concerns?
4. Is the Present National Cyber Security Policy, 2013 sufficient to tackle the
current cyber crime scenario in India?

23
1.14 Scope of Study

Cyber security has primarily three components: prevention, defence and remedies.
This study mainly revolves around prevention and remedies. It includes cyber
security policy of India, legal provisions, law enforcement and investigation
agencies and role of judiciary in India. To find out the loopholes and drawbacks in
Indian policy a comparative and evaluative analysis is done between India and
Other developed Nations regarding Cyber Policies. The role of International
Organisations will also be assessed.

1.15 Limitation of study

Cyber security in cyber space is very vast and never ending subject. It has various
components that cannot be studied in a single study. The present study will
discuss and analyse only the cyber security landscape in India which includes
legal provisions, regulatory authorities and National cyber security policy of India,
2013.

1.16 Research Methodology

The main aim of this particular study is to analyse the National Cyber Security
Policy of India, 2013 and to exhibit the loopholes, gaps, ambiguities or
inconsistencies prevalent in it and to make suggestions for improvements in it. It
will be analytical study, so doctrinal research will be conducted in this study.
Tools of research will be secondary sources to throw light upon the importance,
logical coherence, consistency and technical soundness of this policy. Doctrinal
research is also helpful to make the law dynamic and cope with changing social
setup. Since cyber space is a Global phenomenon that is why it is not possible to
gather first hand data. The secondary data will be derived from the published
document and literature related to research problem i.e. case reports, standard
textbooks and reference books, legal periodicals, Parliamentary Debates and
Government Reports etc.

From the past one decade or so, internet has turn into a vital resource of
information and an efficient means of study. To collect latest information and data
regarding digital crime, help will be taken from electronic mail, e-journals, online

24
articles, online focus groups, online video conferencing and online questionnaire
to assess the present scenario in India and International landscape regarding cyber
crime. To throw light on the gravity of this phenomenon an analysis will be done
with the help of online articles, judicial proceedings in India, National and
International symposium, conventions and intensive courses held around the
world. The cyber Crime rate and incidents in India will be based on secondary
data available on the website of National crime report bureau of India which
provide statistics of National crime online and this data will be systematically
tabulated and arranged as per research problem. To collect data regarding
International Cyber Security policies of various Nations help will be taken from
both public and private libraries as well as online databases like SAGE, Elsevier
and Springer etc which provide latest and authentic information regarding the
relevant topics in this study. After retrieving the relevant information from various
countries, comparison will be drawn to understand the importance of cyber
security policies of different nations and their utility in combating cyber Crime.
The comparison would help us to formulate and develop effective concerted
strategies and policies to provide a strong deterrent to the menace of rising
cybercrime in India. The data analysis done in this study is based on an
interpretive qualitative research design.

1.17 Chaptrization

Chapter: 1 Introduction
The first chapter of this study explains the general concept related with cyber
space, cyber crime and cyber security. In this chapter there is brief description
about the definition, types and present scenario of cyber crime in India. There is a
general outline of the Information technology Act, 2000 and its shortcomings as
well as the Amended provisions of the Act. This chapter describes the various
literary resources such as books, articles etc. which provided insight as to what
has been done so far related to cyber crime in India. This chapter also highlights
the main objectives of the study, Hypothesis of the study, scope of the study,
limitation of the study and research methodology adopted to conduct the present
study.

25
Chapter: 2 The Concept and Genesis of Crime in Cyber space

The Second chapter of the study throw light upon the growth and genesis of crime
in cyber space. In this chapter a detailed analysis has been done to define the
meaning, growth, impact, types of cyber crime in India and various reasons for its
growth around the world. Another important topic that has been discussed here is
the criminal profiling and emerging trends relating to cyber space in India. This
chapter also analyses the meaning, importance and various benefits of having a
robust cyber security infrastructure in the country. Lastly there has been a brief
discussion on the national cyber Security policy of India released in 2013.

Chapter: 3 Crime in Cyberspace: International Scenario

In Third chapter, there has been detailed study regarding the gravity of this issue
at a global level. This chapter discusses the cyber security framework of four
countries to highlight the strength and weaknesses of their strategies to understand
the global scenario regarding cyber crime. The cyber security strategies of U.S.A,
United Kingdom, Australia and Canada have been analysed to highlight the efforts
and action plans that are needed to counter the growing menace of cyber crime in
India. Above mentioned countries establish some guiding roadmaps that can be
followed by Indian organisations for strengthening the cyber security regime.
Further there has been comparative analysis of the strategies of above mentioned
countries to find out the most effective and successful strategy to regulate cyber
crime in India. Chapter concludes with explaining the basic guiding principles
regarding strengthening of cyber security policy of a country.

Chapter 4: Regulatory Authorities and Crime in Cyber Space

Chapter four of the study provide detailed analysis of the present regulatory
landscape in India which is responsible for controlling the growing cyber risks in
India. This chapter explains the roles and duties of various stakeholders
responsible for cyber security such as Home Ministry, Ministry of Defence,
Department of telecommunication(DoT), National cyber response centre Indian
computer emergency response team(CERTs), National information board(NIB),

26
National crisis management committee (NCMC), National information
infrastructure protection centre (NCIIPC), National disaster management of
authority (NDMA), Sectoral CERTs, and Central bureau of investigation (CBI)
Standardisation, testing and quality certification directorate(STQC), which are
designated as the principle regulatory agencies in India to manage cyber security
issues. This chapter also evaluate the present cyber regulatory landscape at global
level by highlighting the work done by major International agencies such as The
Commonwealth of Nations, The Group of Eight (G8), The European Union, The
United Nations, and G 20 (Group of Twenty) etc. This chapter also throw light
upon the few of the important cyber security international conventions to discuss
the role and work done to take action against rising cyber crime and promote
cyber safety across the globe. This chapter highlight the importance of
international organisations in harmonising the cyber security framework at global
level and improve cyber security scenario with mutual co-operation and harmony.

Chapter: 5 Crime in Cyber Space: Legal Framework in India

Chapter fifth of the study describes and analysis the present legal landscape
regarding cyber crime in India. This chapter provide detailed description of the
importance, growth, objectives, salient features and offences/penalties enlisted in
the Information technology Act, 2000 in India. Information technology Act, 2000
is the singular legislation concerning cyber offences in India. This chapter also
analysis Information amendment Act, 2008 and various offences and penalties
inserted through this amendment Act, in order to strengthen the cyber security
legal landscape in India. This chapter also examines the other important aspects of
cyber securities such as Intermediaries, data interception and monitoring
regulation and cyber law under other legal enactments such as Indian penal
code1860, The Indian Evidence Act, 1872, The Criminal Law (Amendment) Act,
2013, The Bankers’ Books Evidence (BBE) Act 1891,The Reserve Bank of India
Act, 1934. A critical analysis has been done of the present legal framework to
highlight the drawbacks and pitfalls of the Indian cyber legal framework. Chapter
also enlist various recommendations to strengthen the cyber security infrastructure
of the India.

27
Chapter: 6 National Cyber Security Policy of India 2013: An Analytical
Study

Chapter six of the of the study focuses on critical analysis of the national cyber
security policy of India released in July, 2013. This is the first cyber security
policy/strategy adopted by India to strengthen the cyber security infrastructure in
India. This chapter discusses in detail the reasons for adopting the policy, mission
of the policy, objectives enlisted and various strategies proposed to be adopted to
make Indian cyber space secure and safe in future from cyber intrusions. This
chapter highlights the various positive points of the policy and also critically
analyse the said policy while comparing it to foreign policies/strategies to point
out its flaws. This chapter also enlist few of the cyber security initiatives
undertook by the Indian government to secure our cyber space from impending
cyber attacks. Lastly this chapter proposes various recommendations to strengthen
the cyber security infrastructure in India.

Chapter: 7 Crime in Cyber Space: A Growing Challenge

Seventh chapter of the study investigates the various challenges faced by the
countries while regulating crime in cyber space. Just like cyber space, its
challenges are also vast and growing. This chapter analyse the jurisdictional
challenges, contractual challenges, political challenges and legal challenges in
general and in context to Indian landscape. This chapter also throw light upon the
various measures that needed to be taken in consideration by the Indian
government in order to strengthen the cyber security regime. This chapter
examines the different emerging trends in cyber space that is being witnessed in
India during the last few years such as E-governance in India, Cyber liability
Insurance in India, The Emergence of Social networking Sites and Services,
Cloud computing, Bitcoins-the Virtual Currency and Net Neutrality in India etc.
This chapter scrutinise the present cyber security landscape in India while
explaining the various challenges and emerging trends that has to be taken into
consideration while evaluating the true picture of present digital India scenario.

28
Chapter: 8 Conclusion and Suggestions

Eighth chapter of the study provides conclusion and recommendations to

strengthen the present cyber security scenario in India.

29
30