Introduction to

UNIT–1 Crime
1.14 Reasons for Cyber Crime
1.15 Cyber Criminals
Introduction to 1.16 Mode and Methods of Committing Cyber
Crimes
Cyber Crimes 1.17 Motive Behind Any Attack
1.18 Classification of Cyber Crime
1.19 Information Technology Act
(Structure) 1.20 Relevant Cyber Crimes other than IT Act,
2000
1.1 Learning Objectives
1.21 Misuse of Technology in the form of Cyber
1.2 Introduction
Crime
1.3 Origin of Cyber Crime
1.22 Cyber Crime in Modern Society
1.4 What is Cyber Law?
1.23 Categories of Cyber Crime
1.5 Need for Cyber Law
1.24 Different Kinds of Cyber Crime
1.6 Jurisprudence of Indian Cyber Law
1.25 How to Tackle Cyber Crime
1.7 Introduction to Cyber Crime
1.26 Major Threats of Cyber Crime in the Current
1.8 Defining Cyber Crime Scenario
1.9 Frequently Used Cyber Crimes
Cyber Crimes Notes
1.10 Misuse of Technology
1.11 Conventional Crime
1.12 Cyber Crime
1.13 Distinction between Conventional & Cyber
 Self Learning Material 1
Cyber Crime and Law
1.34 Legal Provisions in Indian Perspective
1.35 Phases of Cyber Forensics
Notes 1.36 Forensics Methodology
1.27 Impact of Cyber Crime on Businesses 1.37 Cyber Forensic Tools
1.28 Cyber Laws 1.38 Case Laws
1.29 Prevention of Cyber Crime 1.39 Misuse of Computer Forensics
1.30 Misuse of Technology 1.40 Indian Evidence Act, 1872
1.31 Computer Forensics Defined 1.41 Provisions of Indian Evidence Act, 1872
1.32 Objectives of Cyber Forensics followed with Information Technology Act,
1.33 Legal Scenario 2000
 1.42 Digital Evidence – Technological & 1.52 Further Readings
Practical Issues 1.43 Cyber Crimes – Law,
Investigation & Adjudication
1.44 Misuse of Technology
1.1 Learning Objectives
1.45 Computer Forensics After studying the chapter, students will be able
to:
1.46 Legal Scenario
⌘ Discuss the Cyber crime and cyber Law;
1.47 Flaws in Current Scenario
⌘ Explain the Cyber Crime and Origin of Cyber
1.48 Misuse of Cyber Forensics and Crime;
Investigation
⌘ Discussthe Jurisprudence of Indian Cyber
1.49 Summary Law and Crime;
1.51 Review Questions

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⌘ Describe the Cyber Crimes and Conventional
Crimes; "Cyberspace” is a very wider term. Most of us have a
limited knowledge of “Cyberspace” and the crimes
⌘ Discuss the Distinction between Conventional &
occurring in “cyberspace”, known as cybercrime,
Cyber Crime; ⌘ Describe the Classification of Cyber
which happens on computer and the Internet,
Crime;
however, cybercrime has a severe potential for
⌘ Explain the technology in cyber crime; remarkable impact on the lives of individuals and our
⌘ Describe the Provisions Information Technology society. Therefore, a detailed introduction of
Act in Protection of Cyber crime; cybercrime needs to be understood. There are many
⌘ Discuss the Categories of Cyber Crimes; terms used to describe cybercrime. The former

⌘ Describe the Distinction between Individual, descriptions were “computer crime”,

Property, Government Cyber Crime; “computer-related crime” or “crime by computer”.
With the pervasion of digital technology, some new
⌘ Explain the Cyber Crime;
terms like “high technology” or “information-age”
⌘ Discuss the Tackle Cyber Crime;
crime were added to the definition. Also, Internet
⌘ Explain the Computer Forensics;
brought other new terms, like “cybercrime” and “net”
⌘ Discuss the objectives of Computer Forensics; crime and Other forms include “digital”, “electronic”,
⌘ Explain the Cyber Forensics; “virtual”, “IT”, “High-tech” and Technology-enabled”
⌘ Describe the Misuse of computer forensics; crime. However, on the one hand, each of them didn't
⌘ Explain the provisions of Indian Evidence Act, cover the whole meaning of cybercrime, because
1872? there is no incorporation of networks. On the other
⌘ Explain the Digital Evidence and law dealing; hand, terms such as “high
⌘ Discuss the Computer Forensics; tech” or “electronic” crime might be too broad to
specify that the crime is the exact
⌘ Explain the flaws in its Current Scenario; Introduction to Cyber Crimes
⌘ Discuss the misuse of cyber forensics and
investigation.
Notes
1.2 Introduction
 Self Learning Material 3
Cyber Crime and Law
1. Target cybercrime: The crime in which a
computer is the target of the offense. 2. Tool
cybercrime: The crime in which a computer is used
Notes
cybercrime, since other fields also have “hi-tech” as a tool in committing the offense.
developments like nanotechnology and 3. Computer incidental: The crime in which a
bioengineering. Currently, although no one term has computer plays a minor role in committing the
become totally dominant in use, “cybercrime” is the offense.
term used most pervasively. In general, cybercrime The history of cybercrime is short compared with
has three categories: traditional crimes. The first published report of
cybercrime occurred in the 1960s, when computers
 were large mainframe systems. Since mainframes We can set another analogy: target cybercrime is like
were not connected with other ones and only few crossword, which focuses on the magic of language
people can access them, the cybercrimes were itself; tool cybercrime is similar to fraud or
always “insider” cybercrimes, which means harassment on street or in other face-to-face ways,
employment allowed them to access into mainframe but the place in which tool cybercrime happens is
computers. Actually, in the 1960s and 1970s, the not physical environment but cyberspace; computer
cybercrime, which was “computer crime” in fact, incidental including some electronic proof is saved
was different from the cybercrime we faced with in computer or the camera captures the criminal
today, because of no Internet in that era. In withdrawing money in a bank. Generally, these
following decades, the increasing of computer three categories are elaborated in the three following
network and personal computers transformed sections and in each section some latest cases will
“computer crime” into real cybercrime. Since be studied.
Internet was invented, people began to exchange Cybercrime is a kind of crime that happens in
information based on networks of computers, also “cyberspace”, that is, happens in the world of
keep data in computer rather than paper. At the computer and the Internet. Although many people
same time, the cybercrime was not only restricted in have a limited knowledge of “cybercrime”, this
target cybercrime, but expanded into tool kind of crime has the serious potential for severe
cybercrime and computer incidental. This process is impact on our lives and society, because our society
similar to the process of learning one language. In is becoming an information society, full of
childhood, we learn language itself; then, when we information exchange happening in “cyberspace”.
grow up and are good at it, we will use it to Thus, it is necessary to introduce cybercrime
communicate with each other but itself is not a detailed. While there are several textbooks talking
prime element. In general, current consensus on the about cybercrime, but focusing on
classification of cybercrime is to divide it into three
categories that are said in the first paragraph above.

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the statutes and laws relevant this new breed of crime, were not connected with other ones and only few
few papers or textbooks focus on the “computer people can access them, the cybercrimes were always
science” itself. In other words, most of materials talk “insider” cybercrimes, which means employment
about the “crime” of “cybercrime”, but this paper willallowed them to access into mainframe computers.
talk more about “cyber”. Actually, in the 1960s and 1970s, the cybercrime,
The term ―cybercrime is a misnomer. This term has which was “computer crime” in fact, was different
nowhere been defined in any statute /Act passed or from the cybercrime we faced with today, because of
enacted by the Indian Parliament. The concept of no Internet in that era.
cybercrime is not radically different from the concept At the same time, the cybercrime was not only
of conventional crime. Both include conduct whether restricted in target cybercrime, but expanded into tool
act or omission, which cause breach of rules of law cybercrime and computer incidental. This process is
and counterbalanced by the sanction of the state. similar to the process of learning one language. In
Before evaluating the concept of cybercrime it is childhood, we learn language itself; then, when we
obvious that the concept of conventional crime be grow up and are good at it, we will use it to
discussed and the points of similarity and deviance communicate with each other but itself is not a prime
between both these forms may be discussed. element. In general, current consensus on the
The history of cybercrime is short compared with classification of cybercrime
traditional crimes. The first published report of is to divide it into three categories that are said in the
cybercrime occurred in the 1960s, when computers first paragraph above. We can set another analogy:
were large mainframe systems. Since mainframes target cybercrime is like crossword, which focuses on
the magic of language itself; tool cybercrime is Particularly, computers have affected businesses in
similar to fraud or harassment on street or in other numerous ways, allowing them to run more
face-to-face ways, but the place in which tool efficiently. However, there is a dark side to
cybercrime happens is not physical environment but computers, when individuals use them to
cyberspace; computer incidental including some lash out malicious assaults. These assaults may
electronic proof is saved in computer or the camera include fraud, identity theft, hacking, embezzlement
captures the criminal withdrawing money in a bank. and a wide array of other activities. When these
Generally, these three categories are elaborated in the individuals are caught,
three following sections and in each section some Introduction to Cyber Crimes
latest cases will be studied.
Technology has taken the world by storm in recent
decades; the advent of the computer has completely
Notes
revolutionized the way people live, work and play.
 Self Learning Material 5
Cyber Crime and Law Notes Evidence can be derived from computers and then used
in court. Initially, judges accepted the
computer-derived evidence as no different from other
forms of evidence; however, as data became more
specialists are called in to seize and gather information ambiguous with the advancement of computers, they
from the computers. Computer forensics is the science were not as reliable.
of locating; extracting, analyzing and protecting types Computers have become an important part of our lives
of data from different devices, which specialists then and as such are involved in almost everything we do
interpret to serve as legal evidence. from paying bills to booking vacations. However,
Computer crimes have been occurring for nearly 30 computer systems have also become the mainstay of
years, since computers were being used in production. criminal activity. And when the individuals involved
 are brought before the courts, innocence or guilt is used to perform the investigation is an exact replica of
basically decided by testimonies and evidence. Of the the contents of the original hard drive by comparing the
two areas, evidence is probably the area most key. And check sums of the copy and the original. Analysis of
when it comes to evidence it is the accuracy of that the data is the most important part of the investigation
evidence which may be the difference in determining since this is where incriminating evidence may be
the outcome of the trail. Relying more and more on the found.
evidence extracted from computer systems to bring Part of the analysis process is spent in the recovery of
about convictions has forged a new means of scientific deleted files. The job of the investigator is to know
investigation. The term used to coin this area of where to find the remnants of these files and interpret
investigation is computer forensics. It is an area of the results. Any file data and file attributes found may
science that has come under the scrutiny of law yield valuable clues. Investigation of Windows and
enforcement, federal, state, and local government UNIX systems are similar in some ways, but the
officials. And the reason for the scrutiny revolves forensic analyst can
around the cleanliness’ of the data being presented. tailor the investigation to one or the other since each
Computer forensics involves the preservation, operating system is different in unique ways. If deleted
identification, extraction, documentation and data could not be recovered through the use of common
interpretation of computer data. The three main steps in forensic tools, more sensitive instruments can be used
any computer forensic investigation are acquiring, to extract the data, but this is rarely done because of the
authenticating, and analyzing of the data. Acquiring the high cost of the instruments. Data recovery is only one
data mainly involves creating a bit-by-bit copy of the aspect of the forensics investigation. Tracking the
hard drive. Authentication is the ensuring that the copy hacking activities within a compromised system

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is also important. With any system that is connected intercepted in your computer via a software program
to the Internet, hacker attacks are as certain as death that is running in the background or physically from
and taxes. Although it is impossible to completely some external device.
defend against all attacks, as soon as a hacker Keystroke loggers are made specifically for this
successfully breaks into a computer system the hacker purpose and can be employed by a network
begins to leave a trail of clues and evidence that can administrator to ensure employees are not misusing
be used to piece together what has been done and the company resources; or they can be used by
sometimes can even be used to follow a hacker home. hackers to steal passwords, social security numbers,
Computer forensics can be employed on a and any other sensitive information entered by an
compromised system to find out exactly how a hacker unsuspecting person. Because of the wealth of
got into the system, which parts of the system were information that can be gained from a computer
damaged or modified. However, forensics investigation, ethical considerations should
be examined. Computer forensics is essentially a
system administrators must first be educated in the
means for gathering electronic evidence during an
procedures and methods of forensic investigation if a
investigation. In order to use this information to
system is to be recovered and protected. With the help
prosecute a criminal act and to avoid suppression
of computer forensics, administrators are able to
during trial, evidence must be collected carefully and
learn about mistakes made in the past and help
legally. It is particularly important to be aware of the
prevent incidents from occurring in the future.
privacy rights of suspects, victims and uninvolved
Each time any kind of input is fed into the computer, third parties. An investigator needs to have knowledge
whether it is a key pressed on your keyboard, or a of several laws and statutes that govern electronic
click on the mouse, a signal is generated and sent to evidence collection including the fourth amendment
the appropriate computer application and they can be of the constitution, 18 U.S.C. ß2510-22, also known
as the wiretap statute, the Electronic Communications Article are the Indian Penal Code, 1860 (IPC), which
Privacy Act (ECPA), and the USA PATRIOT Act. is the general penal law of India and the Indian
Each of these items affects the legality of electronic Evidence Act, 1872.
evidence and the appropriate procedures to acquire (Evidence Act), the general law pertaining to
that evidence. admissibility of evidence in civil and criminal trials.
The general laws in India were drafted and enacted in The manner in which trial of criminal cases are to be
the 19th century. Whilst each of the general laws conducted is dealt with under the Criminal Procedure
have undergone modifications and amendments, the Code, 1973 (Cr. P. C).
broad and underlying provisions have withstood the Introduction to Cyber Crimes
test of time, including unimaginable advancements in
technology, which speaks to the dynamism of the
General laws. The general laws referred to in this Notes
 Self Learning Material 7
Cyber Crime and Law Notes At the time when the IT Act was passed several acts
deemed to be illegal in most jurisdictions including
virus attacks, data theft, illegal access to data /
accessing and removal of data without the consent of
India got its first codified Act in the Information the owner, etc., were listed as civil penalties under the
Technology Act, 2000 (IT Act), which fell far short of IT Act. The IT Industry continued to rely on self
the Industry’s requirements to meet global standards. –regulation and contractual undertakings to appease its
The focus if the IT Act was however recognition of global clients, as it had done before the passing of the
electronic records and facilitation of e-commerce. IT Act. The primary offences under the IT Act were:
Barely ten sections were incorporated in the IT Act to ⌘ Tampering with source code;
deal with Cyber Crime.
 known for the upcoming war i.e., termed as cyber war
⌘ Deleting, destroying or altering any data on any
where the fight is not between arms and explosives but
computer resource with mala fide intent to cause
it occurs between computers/laptops or any electronic
wrongful loss or to diminish its value;
gadget which consists of web application in it.
⌘ Publishing or transmitting pornographic material
However, security is much important area for each and
through a computer resource;
every organization or any firms which consists of
⌘ Provisions pertaining to encryption technology, the personnel information of any individual. The challenges
right of the Government authorities to intercept and in such cases are not only technological, but also
decrypt such data and to call upon any entity or jurisdictional. Many countries are involving itself to
individual to decrypt such data were also included in thecombating the cybercrime by implementing laws and
IT Act. Certain acts affecting the integrity and acts, while India is a country which implement their
sovereignty of the nation were classified as jurisdictional problems by implementing Information
offences. Technology Act, 2000 (Amended 2008) with certain
In the era of 21st century which is going more advances guidelines, various laws for cybercrime with its
and developing day by day, where technologies objective.
promote themselves with a rapid rate, which attracts
The issues which are arising with Indian Government
human mind as it is much suitable for them in their are that many of its government officials didn’t know
busy & hectic schedule. However, all new technologies how to investigate cybercrimes. However, this is not the
are less time consuming and much beneficial for human problem of Indian government but many other countries
point of view. facing the same problem
Since, 21st century is much popular in itself which is
stick in every human mind as it is an era which is now

8 Self Learning Material

with their officials. To conflict with thisissue fraud was simple. The frauds succeed because the
government have to promote some officials who are auditors and regulators accepted computer printouts as
experts and consists of a sound or good knowledge of definitive evidence of policies and did not ask original
cybercrimes, solution for it and also last but not least documentation. When the fraud was discovered, some
an official also consists of a fine knowledge of cyber 64,000 out of 97,000 policies allegedly issued by the
laws and its implementation. For which they firstly company proved to be false, almost 1 Billion pounds
have to know about search and seizure of digital estimated to be the loss.
evidence and after that they should get aware of how Therefore as the technological advance, the number of
to preserve these evidences. cybercrime cases increased. There is no reliable and
precise statistics of the losses the victims gain as the
1.3 Origin of Cyber Crime fact that victims do not detect many of these crimes.
Therefore, fights against computer crime began.
It is believed the first recorded cybercrime took place Several individuals were engaged in the fight against
in the year 1820. This can be true with the fact that, computer crime from the early development. The
computer did exist since 3500 BC in India, China and founder and father of the knowledge of computer
Japan. The modern computer began with the crimes are by many observers considered to be Donn
analytical engine of Charles Babbage. B. Parker, USA. He was involved in the research of
Banks and other financial institutions were amongst computer crime and security from the early 1970. He
the first large scale computer users in the private served as a Senior Computer Security Consultant at
sector, for automate payroll and accounting functions. the SRI International (Stanford Research Institute),
Therefore, fraud in a computer scheme merged. One and was the main author of the first basic federal
of the first cases cited as an instance of the computer manual for law enforcement in the USA: Computer
fraud involved equity-funding Corporation in the US, Crime –Criminal
Justice Resource Manual (1979). This manual became (Such as hard disks, USB disks etc.), the Internet,
so on an encyclopedia also for law enforcement websites, emails and even electronic devices such as
outside US. cell phones, ATM machines etc. Law encompasses the
rules of conduct:
1.4 What is Cyber Law? Introduction to Cyber Crimes

Cyber Law is the law governing cyber space. Cyber

space is a very wide term and includes computers,
Notes
networks, software, data storage devices.

Self Learning Material 9

 Cyber Crime and Law Notes The technology and efficiency of digital signatures
makes them more trustworthy than hand written
signatures.
Intellectual property is refers to creations of the human
1. That have been approved by the government, and mind e.g. a story, a song, a painting, a design etc. The
2. Which are in force over a certain territory, and facets of intellectual property that relate to cyber space
3. Which must be obeyed by all persons on that are covered by cyber law.
territory?
These include:
Violation of these rules could lead to government action
⌘ Copyright law in relation to computer software,
such as imprisonment or fine or an order to pay
computer source code, websites, cell phone content
compensation.
etc.
Cyber law encompasses laws relating to:
⌘ Software and source code licenses
1. Cyber Crimes
⌘ Trademark law with relation to domain names, Meta
2. Electronic and Digital Signatures tags, mirroring, framing, linking etc.
3. Intellectual Property ⌘ Semiconductor law which relates to the protection of
4. Data Protection and Privacy semiconductor integrated circuits design and layouts,
Cybercrimes are unlawful acts where the computer is ⌘ Patent
law in relation to computer hardware and
used either as a tool or a target or both. The enormous software.
growth in electronic commerce (e-commerce) and Data protection and privacy laws aim to achieve a fair
online share trading has led to a phenomenal spurt in balance between the privacy rights of the individual
incidents of cybercrime. Electronic signatures are used and the interests of data controllers such as banks,
to authenticate electronic records. Digital signatures are hospitals, email service providers etc. These laws seek
one type of electronic signature. Digital signatures to address the challenges to privacy caused by
satisfy three major legal requirements – signer collecting, storing and transmitting data using new
authentication, message authentication and message technologies.
integrity.

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1.5 Need for Cyber Law even as we read this, millions of websites are being
accessed every minute and billions of dollars are
There are various reasons why it is extremely difficult
electronically transferred around the world by banks
for conventional law to cope with cyberspace. Some
every day.
of these are discussed below.
4. Cyberspace offers enormous potential for
1. Cyberspace is an intangible dimension that is
anonymity to its members. Readily available
impossible to govern and regulate using conventional
encryption software and steganographic tools that
law.
seamlessly hide information within image and sound
2. Cyberspace has complete disrespect for files ensure the confidentiality of information
jurisdictional boundaries. A person in India could exchanged between cyber-citizens.
break into a bank’s electronic vault hosted on a
5. Cyberspace offers never-seen-before economic
computer in USA and transfer millions of Rupees to
efficiency. Billions of dollars worth of software can be
another bank in Switzerland, all within minutes. All
traded over the Internet without the need for any
he would need is a laptop computer and a cell phone.
government licenses, shipping and handling charges
3. Cyberspace handles gigantic traffic volumes every and without paying any customs duty.
second. Billions of emails are crisscrossing the globe
6. Electronic information has become the main object
of cybercrime. It is characterized by extreme information gets stolen.
mobility, which exceeds by far the mobility of
persons, goods or other services. International 1.6 Jurisprudence of Indian Cyber Law
computer networks can transfer huge amounts of data
The primary source of cyber law in India is the
around the globe in a matter of seconds.
Information Technology Act, 2000 (IT Act) which
7. A software source code worth crores of rupees or a
came into force on 17 October 2000. The primary
movie can be pirated across the globe within hours of
purpose of the Act is to provide legal recognition to
their release.
electronic commerce and to facilitate filing of
8. Theft of corporeal information (e.g. books, papers,
electronic
CD ROMs, floppy disks) is easily covered by
Introduction to Cyber Crimes
traditional penal provisions. However, the problem
begins when electronic records are copied quickly,
inconspicuously and often via telecommunication Notes
facilities. Here the original’ information, so to say,
remains in the possession’ of the owner’ and yet
 Self Learning Material 11
Cyber Crime and Law Notes Certificate. Minor errors in the Act were rectified by the
Information Technology (Removal of Difficulties)
Order, 2002 which was passed on 19 September 2002.
The IT Act was amended by the Negotiable Instruments
records with the Government. The IT Act also penalizes (Amendments and Miscellaneous Provisions) Act,
various cybercrimes and provides strict punishments 2002. This introduced the concept of electronic cheques
(imprisonment terms upto 10 years and compensation and truncated cheques. Information Technology (Use of
up to ’ 1 crore). An Executive Order dated 12 Electronic Records and Digital Signatures) Rules, 2004
September 2002 contained instructions relating has provided the necessary legal framework for filing of
provisions of the Act with regard to protected systems documents with the Government as well as issue of
and application for the issue of a Digital Signature licenses by the Government. It also provides for
 payment and receipt of fees in relation to the issued on 16th December 2002. The Cyber Regulations
Government bodies. On the same day, the Information Appellate Tribunal (Procedure) Rules, 2000 also came
Technology (Certifying Authorities) Rules, 2000 also into force on 17th October 2000.
came into force. These rules prescribe the eligibility, These rules prescribe the appointment and working of
appointment and working of Certifying Authorities the Cyber Regulations Appellate Tribunal (CRAT)
(CA). These rules also lay down the technical standards, whose primary role is to hear appeals against orders of
procedures and security methods to be used by a CA. the Adjudicating Officers. The Cyber Regulations
These rules were amended in 2003, 2004 and 2006. Appellate Tribunal (Salary, Allowances and other terms
Information Technology (Certifying Authority) and conditions ofservice of Presiding Officer) Rules,
Regulations, 2001 came into force on 9 July 2001. 2003 prescribe the salary, allowances and other terms
They provide further technical standards and procedures for the Presiding Officer of the CRAT. Information
to be used by a CA. Two important guidelines relating Technology (Other powers of Civil Court vested in
to CAs were issued. The first are the Guidelines for Cyber Appellate Tribunal) Rules 2003 provided some
submission of application for license to operate as a additional powers to the CRAT. On 17th March 2003,
Certifying Authority under the IT Act. These the Information Technology (Qualification and
guidelines were issued on 9th July Experience of Adjudicating Officers and Manner of

2001. Next were the Guidelines for submission of Holding Enquiry) Rules, 2003 were passed. These rules
certificates and certification revocation lists to the prescribe the qualifications required for Adjudicating
Controller of Certifying Authorities for publishing in Officers. Their chief responsibility under the IT Act is
National Repository of Digital Certificates. These were to

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adjudicate on cases such as unauthorized access, Secretary of Department of Information Technology
unauthorized copying of data, spread of viruses, of each of the States or of Union Territories’of India
denial of service attacks, disruption of computers, asthe adjudicating officers. The Information
computer manipulation etc. These rules also prescribeTechnology (Security Procedure) Rules, 2004 came
the manner and mode of inquiry and adjudication by into force on 29th October 2004. They prescribe
these officers. provisions relating to secure digital signatures and
The Government had not appointed the Adjudicating secure electronic records. Also relevant are the
Officers or the Cyber Regulations Appellate Tribunal Information Technology (Other Standards) Rules,
for almost 2 years after the passage of the IT Act. 2003.
This prompted ASCL students to file a Public Interest An important order relating to blocking of websites
Litigation (PIL) in the Bombay High Court asking for was passed on 27th February, 2003. Computer
a speedy appointment of Adjudicating officers. The Emergency Response Team (CERT-IND) can instruct
Bombay High Court, in its order dated 9th October Department of Telecommunications (DOT) to block a
2002, directed the Central Government to announce website. The Indian Penal Code (as amended by the
the appointment of adjudicating officers in the public IT Act) penalizes several cybercrimes. These include
media to make people aware of the appointments. The forgery of electronic records, cyber frauds,
division bench of the Mumbai High Court consisting destroying electronic evidence etc. Digital Evidence is
of Hon’ble Justice A.P. Shah and Hon’ble Justice to be collected and proven in court as per the
Ranjana Desai also ordered that the Cyber provisions of the Indian Evidence Act (as amended by
Regulations Appellate Tribunal be constituted within the IT Act).
a reasonable time frame. In case of bank records, the provisions of the Bankers
Following this the Central Government passed an Book Evidence Act (as amended by the IT Act) are
order dated 23rd March 2003 appointing the relevant. Investigation and adjudication of
cybercrimes is done in accordance with the a computer, has been around since 3500 B.C. in
provisions of the Code of Criminal Procedure and the India, Japan and China. The era of modern computers,
IT Act. The Reserve Bank of India Act was also however, began with the analytical engine of Charles
amended by the IT Act. Babbage.
Introduction to Cyber Crimes
1.7 Introduction to Cyber Crime
The first recorded cybercrime took place in the year Notes
1820! That is not surprising considering the fact that
the abacus, which is thought to be the earliest form of

Self Learning Material 13

 Cyber Crime and Law Notes was finally arrested on Heathrow airport on his way to
Switzerland.

1.8 Defining Cyber Crime

In 1820, Joseph-Marie Jacquard, a textile manufacturer At the onset, let us satisfactorily define “cybercrime”
in France, produced the loom. This device allowed the and differentiate it from “conventional Crime”.
repetition of a series of steps in the weaving of special Computer crime can involve criminal activities that are
fabrics. This resulted in a fear amongst Jacquard's traditional in nature, such as theft, fraud, forgery,
employees that their traditional employment and defamation and mischief, all of which are subject to the
livelihood were being threatened. They committed acts Indian Penal Code. The abuse of computers has also
of sabotage ego discourage Jacquard from further use given birth to a gamut of new age crimes that are
of the new technology. This is the first recorded cyber addressed by the Information Technology Act, 2000.
crime. Defining cybercrimes, as “acts that are punishable by
Today computers have come a long way, with neural the Information Technology Act” would be unsuitable
networks and Nano-computing promising to turn every as the Indian Penal Code also covers many cybercrimes,
atom in a glass of water into a computer capable of such as email spoofing and cyber defamation, sending
performing a Billion operations per second. Cyber threatening emails etc. A simple yet sturdy definition of
crime is an evil having its origin in the growing cybercrime would be “unlawful acts wherein the
dependence on computers in modern life. In a day and computer is either a tool or a target or both”.
age when everything from microwave ovens and Let us examine the acts wherein the computer is a tool
refrigerators to nuclear power plants is being run on for an unlawful act. This kind of activity usually
computers, cybercrime has assumed rather sinister involves a modification of a conventional crime by
implications. Major Cybercrimes in the recent past using computers. Some examples are:
include the Citibank rip off. US $ 10 million were
Financial crimes: This would include cheating, credit
fraudulently transferred out of the bank and into a bank
card frauds, money laundering etc. To cite a recent
account in Switzerland. A Russian hacker group led by
case, a website offered to sell Alphonso mangoes at a
Vladimir Kevin, a renowned hacker, perpetrated the
throwaway price. Distrusting such a transaction, very
attack. The group compromised the bank's security
few people responded to or supplied the website with
systems. Vladimir was allegedly using his office
their credit card numbers. These people were actually
computer at AO Saturn, a computer firm in St.
sent the Alphonso mangoes. The word about this
Petersburg, Russia, to break into Citibank computers.
website now spread like wildfire. Thousands
He

14 Self Learning Material

of people from all over the country responded and writings etc.). Recent Indian incidents revolving
ordered mangoes by providing their credit card around cyber pornography include the Air Force Bal
numbers. The owners of what was later proven to be a bharati School case. A student of the Air Force Bal
bogus website then fled taking the numerous credit bharati School, Delhi, was teased by all his classmates
card numbers and proceeded to spend huge amounts for having a pockmarked face. Tired of the cruel
of money much to the chagrin of the card owners. jokes, he decided to get back at history mentors. He
scanned photographs of his classmates and teachers,
Cyber Pornography
morphed them with nude photographs and put them
This would include pornographic websites; up on a website that he uploaded on to a free web
pornographic magazines produced using computers hosting service. It was only after the father of one of
(to publish and print the material) and the Internet (to the class girls featured on the website objected and
download and transmit pornographic pictures, photos,
lodged a complaint with the police that any action actually fronts for money laundering.
was taken. Intellectual Property crimes: Theseinclude software
In another incident, in Mumbai a Swiss couple would piracy, copyright infringement, trademarks violations,
gather slum children and then would force them to theft of computer source code etc.
appear for obscene photographs. They would then
Email Spoofing
upload these photographs to websites specially
designed for pedophiles. The Mumbai police arrested A spoofed email is one that appears to originate from
the couple for pornography. one source but actually has been sent from another
source.
Sale of Illegal Articles
Email spoofing can also cause monetary damage. In
This would include sale of narcotics, weapons and an American case, a teenager made millions of dollars
wildlife etc., by posting information on websites, by spreading false information about certain
auction websites, and bulletin boards or 167 simply companies whose shares he had short sold. This
by using email communication. E.g. many of the misinformation was spread by sending spoofed
auction sites even in India are believed to be selling emails,
cocaine in the name of ‘honey’. Introduction to Cyber Crimes
Online gambling: There are millions of websites; all
hosted on servers abroad, that offer online gambling.
In fact, it is believed that many of these websites are Notes
 Self Learning Material 15
Cyber Crime and Law Notes
Forgery
Counterfeit currency notes, postage and revenue
stamps, mark sheets etc. can be forged using

purportedly from news agencies like Reuters, to share sophisticated computers, printers and scanners. Outside

brokers and investors who were informed that the many colleges across India, one finds touts soliciting

companies were doing very badly. Even after the truth the sale of fake mark sheets or even certificates. These
came out the values of the shares did not go back to the are made using computers, and high quality scanners
earlier levels and thousands of investors lost a lot of and printers. In fact, this has becoming a booming

money. business involving thousands of Rupees being given to

student gangs in exchange for these bogus but authentic
 looking certificates. Fortunately, Suraj was able to prevail upon his parents
and the other elders of his house to approach the police
Cyber Defamation
instead of blindly believing what was contained in the
This occurs when defamation takes place with the help mails. During investigation, it was revealed that the
of computers and / or the Internet. E.g. someone
person sending those e-mails was none other than
publishes defamatory matter about someone on a
Surekha's stepfather. He had sent these e-mails so as to
website or sends e-mails containing defamatory
break up the marriage. The girl's marriage would have
information to all of that person's friends.
caused him to lose control of her property of which he
In a recent occurrence, Surekha (names of people have
was the guardian till she got married.
been changed), a young girl was about to be married to
Another famous case of cyber defamation occurred in
Suraj. She was really pleased because despite it being
America. All friends and relatives of a lady were beset
an arranged marriage, she had liked the boy. He had
with obscene e-mail messages appearing to originate
seemed to be open-minded and pleasant. Then, one day
from her account. These mails were giving the lady in
when she met Suraj, he looked worried and even a little
question a bad name among her friends. The lady was
upset. He was not really interested in talking to her.
an activist against pornography. In reality, a group of
When asked he told her that, members of his family
people displeased with her views and angry with her
had been receiving e-mails that contained malicious
for opposing they had decided to get back at her by
things about Surekha's character. Some of them spoke
using such underhanded methods. In addition to sending
of affairs, which she had in the past. He told her that,
spoofed obscene e-mails they
his parents were justifiably very upset and were also
considering breaking off the engagement.

16 Self Learning Material

also put up websites about her, that basically maligned
Theft of information contained in electronic
her character and sent e-mails to her family and
form
friends containing matter defaming her.
This includes information stored in computer hard
Cyber Stalking
disks, removable storage media etc. Email Bombing
The Oxford dictionary defines stalking as “pursuing
stealthily”. Cyber stalking involves following a Email bombing refers to sending a large number of
person's movements across the Internet by posting emails to the victim resulting in the victim's email
messages (sometimes threatening) on the bulletin account (in case of an individual) or mail servers (in
boards frequented by the victim, entering the case of a company or an email service provider)
chat-rooms frequented by the victim, constantly crashing. In one case, a foreigner who had been
bombarding the victim with emails etc. residing in Shimla, India for almost thirty years
wanted to avail of a scheme introduced by the Shimla

1.9 Frequently Used Cyber Crimes Housing Board to buy land at lower rates. When he
made an application it was rejected on the grounds
Unauthorized access to Computer Systems or that the schemes were available only for citizens of
Networks India. He decided to take his revenge. Consequently
This activity is commonly referred to as hacking. The he sent thousands of mails to the Shimla Housing
Indian law has however given a different connotation Board and repeatedly kept sending e-mails till their
to the term hacking, so we will not use the term servers crashed.
“unauthorized access” interchangeably with the term
Data Diddling
“hacking”.
This kind of an attack involves altering raw data just
before it is processed by a computer and then crimes. The key here is to make the alteration so
changing it back after the processing is completed. insignificant that in a single case it would go
Electricity Boards in India have been victims to data completely unnoticed. E.g. a bank employee inserts a
diddling programs inserted when private parties were program, into the bank's servers, that deducts a small
computerizing their systems. Introduction to Cyber Crimes

Salami Attacks
These attacks are used for the commission of financial Notes

Self Learning Material 17

Cyber Crime and Law
 Another variation to a typical denial of service
attack is known as a Distributed Denial of Service
(DDoS) attack wherein the perpetrators are many
Notes and are geographically widespread. It is very
amount of money (say ’ 5 a month) from the account
difficult to control such attacks. The attack is
of every customer. No account holder will probably
initiated by sending excessive demands to the
notice this unauthorized debit, but the bank
victim's computer(s), exceeding the limit that the
employee will make a sizable amount of money
victim's servers can support and making the servers
every month. To cite an example, an employee of a
crash. Denial-of service attacks have had an
bank in USA was dismissed from his job.
impressive history having, in the past, brought down
Disgruntled at having been supposedly mistreated
websites like Amazon, CNN, Yahoo and eBay!
by his employers the man first introduced a logic
bomb into the bank's systems. Logic Virus/worm Attacks
bombs are programmes, which are activated on the Viruses are programs that attach themselves to a
occurrence of a particular predefined event. The computer or a file and then circulate themselves to
logic bomb was programmed to take ten cents from other files and to other computers on a network.
all the accounts in the bank and put them into the They usually affect the data on a computer, either by
account of the person whose name was altering or deleting it. Worms, unlike viruses do not
alphabetically the last in the bank's rosters. Then he need the host to attach themselves to. They merely
went and opened an account in the name of Ziegler. make functional copies of themselves and do this
The amount being withdrawn from each of the repeatedly till they eat up the entire available space
accounts in the bank was so insignificant that neither on a computer's memory. The VBS_LOVELETTER
any of the account holders nor the bank officials virus (better known as the Love Bug or the
noticed the fault. It was brought to their notice when ILOVEYOU virus) was reportedly written by a
a person by the name of Zygler opened his account Filipino undergraduate. In May 2000, this deadly
in that bank. He was surprised to find a sizable virus beat the Melissa virus hollow – it became the
amount of money being transferred into his account world's most prevalent virus. It struck one in every
every Saturday. five personal computers in the world.

Denial of Service Attack When the virus was brought under check the true
magnitude of the losses was incomprehensible.
This involves flooding a computer resource with
Losses incurred during this virus attack were pegged
more requests than it can handle. This causes the
at US $ 10billion.
resource (e.g. a web server) to crash thereby denying
authorized users the service offered by the resource.

18 Self Learning Material

The original VBS_LOVELETTER utilized the Since, the initial outbreak over thirty variants of the
addresses in Microsoft Outlook and emailed itself to virus have been developed many of them following
those addresses. The e-mail, which was sent out, had the original by just a few weeks. In addition, the Love
“ILOVEYOU” in its subject line. The attachment file Bug also uses the Internet Relay Chat (IRC) for its
was named “LOVE- LETTER-FORYOU. TXT. vbs”. propagation. It e-mails itself to users in the same
The subject line and those who had some knowledge channel as the infected user. Unlike the Melissa virus
of viruses did not notice the tiny .vbs extension and this virus does have a destructive effect. Whereas the
believed the file to be a text file conquered people Melissa, once installed, merely inserts some text into
wary of opening e-mail attachments. The message in the affected documents at a particular instant during
the e-mail was “kindly check the attached the day, VBS_LOVELETTER first selects certain
LOVELETTER coming from me”.
files and then inserts its own code in lieu of the
Trojan Attacks
original data contained
in the file. This way it creates ever- increasing A Trojan as this program is aptly called is an
versions of itself. Probably the world's most famous unauthorized program which functions from inside
worm was the Internet worm let loose on the Internet what seems to be an authorized program, thereby
by Robert Morris sometime in 1988. The Internet concealing what it is actually doing.
was, then, still in its developing years and this worm, There are many simple ways of installing a Trojan in
which affected thousands of computers, almost someone's computer. To cite and example, two
brought its development to a complete halt. It took a friends Rahul and Mukesh (names changed), had a
team of experts almost three days to get rid of the heated argument over one girl, Radha (name
worm and in the meantime many of the computers changed) whom they both liked. When the girl, asked
had to be disconnected from the network. to choose, chose Mukesh over Rahul, Rahul decided

Logic Bombs to get even. On the 14th of February, he sent Mukesh

a spoofed e-card, which appeared to have come from
These are event dependent programs. This implies
Radha's mail account. The e-card actually contained a
that these programs are created to do something only
Trojan. As soon as Mukesh opened the card, the
when a certain event (known as a trigger event)
Introduction to Cyber Crimes
occurs. E.g. even some viruses may be termed logic
bombs because they lie dormant all through the year
and become active only on a particular date (like the
Notes
Chernobyl virus).
 Self Learning Material 19
Cyber Crime and Law Notes reported before the enactment of the Information
Technology Act, 2000 Colonel Bajwa, a resident of
New Delhi, asked a nearby net café owner to come and
set up his Internet connection. For this purpose, the net
Trojan was installed on his computer. Rahul now had café owner needed to know his username and
complete control over Mukesh's computer and password. After having set up the connection he went
proceeded to harass him thoroughly. away with knowing the present username and
password. He then sold this information to another net
Internet Time Thefts café. One week later Colonel Bajwa found that his
This connotes the usage by an unauthorized person of Internet hours were almost over. Out of the 100 hours
the Internet hours paid for by another person. In a case that he had bought, 94hours had been used up within
 the span of that week. Surprised, he reported the informing her that a group of hackers had gained
incident to the Delhi police. The police could not control over her website. They demanded a ransom of 1
believe that time could be stolen. They were not aware million dollars from her. The owner, a schoolteacher,
of the concept of time-theft at all. Colonel Bajwa's did not take the threat seriously. She felt that it was just
report was rejected. He decided to approach The Times a scare tactic and ignored the e-mail. It was three days
of India, New Delhi. They, in turn carried a report later that she came to know, following many telephone
about the inadequacy of the New Delhi Police in calls from all over the country, that the hackers had
handling cybercrimes. The Commissioner of Police, web jacked her website. Subsequently, they had altered
Delhi then took the case into his own hands and the a portion of the website which was entitled ‘How to
police under his directions raided and arrested the net have fun with goldfish’. In all the places where it had
café owner under the charge of theft as defined by the been mentioned, they had replaced the word ‘goldfish’
Indian Penal Code. The net café owner spent several with the word ‘piranhas’.
weeks locked up in Tihar jail before being granted bail. Piranhas are tiny but extremely dangerous flesh –
eating fish.
Web Jacking
Many children had visited the popular website and had
This occurs when someone forcefully takes control of a believed what the contents of the website suggested.
website (by cracking the password and later changing These unfortunate children followed the instructions,
it). The actual owner of the website does not have any tried to play with piranhas, which they bought from pet
more control over what appears on that website. In a shops, and were very seriously injured.
recent incident reported in the USA the owner of a
hobby website for children received an e-mail

20 Self Learning Material

Theft of Computer System old as the human society. Crime is a legal concept

This type of offence involves the theft of a computer, and has the sanction of the law. Crime or an offence is
some part(s) of a computer or peripheral attached to a legal wrong that can be followed by criminal
the computer. proceedings which may result into punishment. ‘The
hallmark of criminality is that, it is breach of the
Physically Damaging a Computer System criminal law. Per Lord Atkin the criminal quality of
This crime is committed by physically damaging a an act cannot be discovered by reference to any
computer or its peripherals. Rehabilitation standard but one: is the act prohibited with penal
consequences’. A crime may be said to be any
1.10 Misuse of Technology conduct accompanied by act or omission prohibited
by law and consequential breach of which is visited
The evolution of Information Technology (IT) gave
by penal consequences.
birth to the cyber space wherein internet provides
equal opportunities to all the people to access any
information, data storage, analyze etc. with the use of
1.12 Cyber Crime
high technology. Due to increase in the number of Cybercrime is the latest and perhaps the most
netizens, misuse of technology in the cyberspace was complicated problem in the cyber world. Cybercrime
clutching up which gave birth to cybercrimes at the may be said to be those species, of which, genus is the
domestic and international level as well. conventional crime, and where either the computer is
an object or subject of the conduct constituting crime.
1.11 Conventional Crime Any criminal activity that uses a computer either as an
instrumentality, target or a means for perpetuating
Crime is a social and economic phenomenon and is as
further crimes comes within the ambit of cybercrime.
Ageneralized definition of cybercrime may be however be target for unlawful acts in the following
unlawful acts wherein the computer is either a tool or cases- unauthorized
target or both’ The computer may be used as a tool in Introduction to Cyber Crimes
the following kinds of activity- financial crimes, sale
of illegal articles, pornography, online gambling,
intellectual property crime, e-mailspoofing,forgery,
Notes
cyber defamation, cyberstalking.The computer may

Self Learning Material 21

Cyber Crime and Law Notes access to computer/ computer system/ computer
networks, theft of information contained in the
electronic form, e-mail bombing, data didling, salami
attacks, logic bombs, Trojan attacks, internet time
 thefts, web jacking, theft of computer system, either through physical or virtual medium makes it
physically damaging the computer system. much easier. 2. Easy to access : The problem
encountered in guarding a computer system from
1.13 Distinction between Conventional & unauthorized access is that there is every possibility of
Cyber Crime breach not due to human error but due to the complex
technology. By secretly implanted logic bomb, key
There is apparently no distinction between cyber and
conventional crime. However on a deep introspection loggers that can steal access codes, advanced voice
we may say that there exist a fine line of demarcation recorders; retina imagers etc. that can fool biometric
between the conventional and cybercrime, which is systems and bypass firewalls can be utilized to get past
appreciable. The demarcation lies in the involvement ofmany a security system.
the medium in cases of cybercrime. The sine qua non 3. Complex : The computers work on operating
for cybercrime is that there should be an involvement, systems and these operating systems in turn are
at any stage, of the virtual cyber medium. composed of millions of codes. Human mind is fallible
and it is not possible that there might not be a lapse at
1.14 Reasons for Cyber Crime any stage. The cyber criminals take advantage of these
lacunas and penetrate into the computer system.
Hart in his work The Concept of Law’ has said
―human beings are vulnerable so rule of law is 4. Negligence : Negligence is very closely connected

required to protect them. Applying this to the with human conduct. It is therefore very probable that
while protecting the computer system there might be
cyberspace we may say that computers are vulnerable
any negligence, which in turn provides a cybercriminal
so rule of law is required to protect and safeguard them
to gain access and control over the computer system.
against
5. Loss of evidence : Loss of evidence is a very
cybercrime. The reasons for the vulnerability of
common & obvious problem as all the data are
computers may be said to be: 1. Capacity to store data
routinely destroyed. Further collection of data outside
in comparatively small space: The computer has
the territorial extent also paralyzes this system of crime
unique characteristic of storing data in a very small
investigation.
space. This affords to remove or derive information

22 Self Learning Material

1.15 Cyber Criminals The reason may be to fulfil their political bias,
fundamentalism, etc. The Pakistanis are said to be one
The cyber criminals constitute of various groups/
of the best quality hackers in the world. They mainly
category. This division may be justified on the basis
target the Indian government sites with the purpose to
of the object that they have in their mind. The
fulfil their political objectives. Further the NASA as
following are the category of cyber criminals.
well as the Microsoft sites is always under attack by
1. Children and adolescents between the age group
the hackers.
of 6 – 18 years: The simple reason for this type of
delinquent behavior pattern in children is seen mostly 3. Professional hackers / crackers: Their work is
due to the inquisitiveness to know and explore the motivated by the colour of money. These kinds of
things. Other cognate reason may be to prove hackers are mostly employed to hack the site of the
themselves to be outstanding amongst other children rivals and get credible, reliable and valuable
in their group. Further the reasons may be information. Further they are even employed to crack
psychological even. E.g. the Bal Bharati (Delhi) case the system of the employer basically as a measure to
was the outcome of harassment of the delinquent by make it safer by detecting the loopholes.
his friends. 4. Discontented employees : This group include
2. Organised hackers: These kinds of hackers are those people who have been either sacked by their
mostly organised together to fulfil certain objective. employer or are dissatisfied with their employer. To
avenge they normally hack the system of their form: This includes information stored in computer
employee. hard disks, removable storage media etc. Theft may
be either by appropriating the data physically or by
1.16 Mode and Methods of Committing tampering them through the virtual medium.
Cyber Crimes 3. Email bombing: This kind of activity refers to
1. Unauthorized access to computer systems or sending large numbers of mail to the victim, which
networks / Hacking: This kind of offence is may be an individual or a company or even mail
normally referred as hacking in the generic sense. servers there by ultimately resulting into crashing.
However the framers of the Information Technology Introduction to Cyber Crimes
Act, 2000 have nowhere used this term so to avoid
any confusion we would not interchangeably use the
word hacking for ―unauthorized Notes
access as the latter has wide connotation.
2. Theft of information contained in electronic
 Self Learning Material 23
Cyber Crime and Law Notes prevalent in the financial institutions or for the purpose
of committing financial crimes.An important feature of
thistype of offence is that the alteration is so small that
it would normally go unnoticed. E.g. The Ziegler case,
4. Data diddling: This kind of an attack involves where a logic bomb was introduced in the bank system,
altering raw data just before a computer processes it which deducted 10 cents from every account and
and then changing it back after the processing is deposited it in a particular account.
completed. The electricity board faced similar problem 6. Denial of Service attack: The computer of the
of data diddling while the department was being victim is flooded with more requests than it can handle
computerized. which cause it to crash. Distributed Denial of Service
5. Salami attacks: This kind of crime is normally (DDoS) attack is also a type of denial of service attack,
 in which the offenders are wide in number and trigger event) occurs. E.g. even some viruses may be
widespread. E.g. Amazon, Yahoo. termed logic bombs because they lie dormant all
7. Virus / worm attacks: Viruses are programs that through the year and become active only on a particular
attach themselves to a computer or a file and then date (like the Chernobyl virus).
circulate themselves to other files and to other 9. Trojan attacks: This term has its origin in the word
computers on a network. They usually affect the data ―Trojan horse. In software field this means an
on a computer, either by altering or deleting it. Worms, unauthorized programme, which passively gains control
unlike viruses do not need the host to attach themselves over another’s system by representing itself as an
to. They merely make functional copies of themselves authorized programme. The most common form of
and do this repeatedly till they eat up all the available installing a Trojan is through e-mail. E.g. a Trojan was
space on a computer's memory. E.g. love bug virus, installed in the computer of a lady film director in the
which affected at least 5 % of the computers of the U.S. while chatting. The cybercriminal through the web
globe. The losses were accounted to be $ 10 million. cam installed in the computer obtained her nude
The world's most famous worm was the Internet worm photographs. He further harassed this lady.
let loose on the Internet by Robert Morris sometime in 10. Internet time thefts: Normally in these kinds of
1988. thefts the Internet surfing hours of the victim are used
8. Logic bombs: These are event dependent programs. up by another person. This is done by gaining access to
This implies that these programs are created to do the login ID and the password. E.g. Colonel Bajwa’s
something only when a certain event (known as a case- the Internet hours were used

24 Self Learning Material

up by any other person. This was perhaps one of the
1. Putting the public or any section of the public in
first reported cases related to cybercrime in India. fear; or
However this case made the police infamous as to
2. Affecting adversely the harmony between different
their lack of understanding of the nature of
religious, racial, language or regional groups or
cybercrime.
castes or communities; or
11. Web jacking: This term is derived from the term
3. Coercing or overawing the government established
hi jacking. In these kinds of offences the hacker gains
by law; or 4. Endangering the sovereignty and
access and control over the web site of another. He
may even mutilate or change the information on the integrity of the nation.

site. This may be done for fulfilling political

objectives or for money. E.g. recently the site of MIT 1.18 Classification of Cyber Crime
(Ministry The subject of cybercrime may be broadly classified
of Information Technology) was hacked by the under the following three groups. They are:
Pakistani hackers and some obscene matter was 1. Against Individuals
placed therein. Further the site of Bombay crime
(i) Their person &
branch was also web jacked. Another case of web
(ii) Their property of an individual
jacking is that of the―gold fish case. In this case the
2. Against Organization
site was hacked and the information pertaining to gold
fish was changed. Further a ransom of US $ 1 million (i) Government
was demanded a ransom. Thus web jacking is a (ii) Firm, Company, Group of Individuals.
process whereby control over the site of another is 3. Against Society at large
made backed by some consideration for it. The following are the crimes, which can be
committed against the following groups Against
1.17 Motive Behind Any Attack Individuals:
(i) Harassment via e-mails.
(ii) Cyber-stalking.
Introduction to Cyber Crimes Notes

Self Learning Material 25

Cyber Crime and Law Notes (vii) Email spoofing
(viii) Cheating & Fraud
Against Individual Property:
(i) Computer vandalism
(iii) Dissemination of obscene material.
(ii) Transmitting virus
(iv) Defamation.
(iii) Unauthorized control/access over computer system
(v) Unauthorized control/access over computer system.
(iv) Intellectual Property crimes
(vi) Indecent exposure
 (v) Internet time thefts
Against Organization: 1.19 Information Technology Act
(i) Unauthorized control/access over computer system The Information Technology Act deals with the
(ii) Possession of unauthorized information. following cybercrimes along with others. Tampering
(iii) Cyber terrorism against the government
organization. with Computer Source Documents
(iv) Distribution of pirated software etc. A person who knowingly or intentionally, conceals
Against Society at large: (hides or keeps secret), destroys (demolishes or
(i) Pornography (basically child pornography). reduces), alters (change in characteristics) or causes
another to conceal, destroy, and alter any computer
(ii) Polluting the youth through indecent exposure.
source code used for a computer, computer program,
(iii) Trafficking
computer system or computer network, when the
(iv) Financial crimes computer source code is required to be kept or
(v) Sale of illegal articles maintained by law is punishable.
(vi) Online gambling
(vii) Forgery

26 Self Learning Material

For instance, hiding the C.D.ROM in which the such an offence are publishing (make generally
source code files are stored, making a C File into a known or issue copies for sale to public), or
CPP File or removing the read only attributes of a file. transmitting (transfer or be a medium for), or causing
Hacking is usually understood to be the unauthorized to be published (to produce the effect of publishing),
access of a computer system and networks. Originally, pornographic material in the electronic form. Child
the term “hacker” describes any amateur computer Pornography Child Pornography is a part of cyber
programmer who discovered ways to make software pornography but it is such a grave offence that it is
run more efficiently. Hackers usually “hack” on a individually also recognized as a cybercrime. The
problem until they find a solution, and keep trying to Internet is being highly used by its abusers to reach
make their equipment work in new and more efficient and abuse children sexually, worldwide. The Internet
ways. A hacker can be a Code Hacker, Cracker or a is very fast becoming a household commodity in
Cyber Punk. India. Its explosion has made the children a viable
Whoever with the intent to cause or knowing that he victim to the cybercrime. As more homes have access
is likely to cause wrongful loss or damage to the to Internet, more children would be using the Internet
public or any person destroys or deletes or alters any and more are the chances of falling victim to the
information residing in a computer resource or aggression of pedophiles. The pedophiles use their
diminishes its value or utility or affects it injuriously false identity to trap children and even contact them in
by means is said to commit hacking. various chat rooms where they befriend them and
gain personal information from the innocent preys.
Publishing Obscene Material in Electronic They even start contacting children on their e-mail
Form
addresses. These pedophiles drag children to the net
A person who publishes or transmits or causes to be for the purpose of sexual assault or so as to use them
published in the electronic form, any material which as a sex object. Accessing protected system Any
is lascivious, or if its effect is such as to tend to unauthorized person who secures access or attempts
deprave and corrupt persons who are likely to read, to secure access to a protected system is liable to be
see or hear the matter contained or embodied in it, is punished with imprisonment and may also be liable
liable to punishment. The important ingredients of to fine.
 book, register, correspondence, information,
Breach of Confidentiality and Privacy
document
Any person who, secures access to any electronic Introduction to Cyber Crimes
record, book, register, correspondence, information,
document or other material without the consent of the
person concerned or discloses such electronic record, Notes

Self Learning Material 27

Cyber Crime and Law Notes be punished under the Information Technology Act.

1.20 Relevant Cyber Crimes other than

IT Act, 2000 Cybercrimes other than those
or other material to any other person shall be liable to
 mentioned under the IT Act consisting of the plaintiff's distinctive trademark.
Factors to determine whether bad faith exists are the
Cyber Stalking
extent to which the domain name contains the
Although there is no universally accepted definition of registrant's legal name, prior use of the domain name in
cyber stalking, it is generally defined as the repeated connection with the sale of goods and services, intent to
acts of harassment or threatening behavior of the divert customers from one site to another and use of
cybercriminal towards the victim by using Internet false registration information and the registrant's offer
services. Stalking in general terms can be referred to as to sell the domain name back to the trademark owner
the repeated acts of harassment targeting the victim for more than out-of -pocket expenses.
such as following the victim, making harassing phone
calls, killing the victims pet, vandalizing victims Data Diddling
property, leaving written messages or objects. Stalking This kind of an attack involves altering the raw data just
may be followed by serious violent acts such as before a computer processes it and then changing it
physical harms to the victim. It all depends on the back after the processing is completed.
course of conduct of the stalker. The NDMC Electricity Billing Fraud Case that took
Cyber Squatting place in 1996 is a typical example. The computer
network was used for receipt and accounting of
Cyber squatting is the obtaining of a domain name in
electricity bills by the NDMC, Delhi. Collection of
order to seek payment from the owner of the
money, computerized accounting, record maintenance
trademark, (including business name, trade name, or
and remittance in the bank were exclusively left to a
brand name), and may include typo squatting (where
private contractor who was a computer professional.
one letter is different).
He misappropriated huge amount of funds by
A trademark owner can prevail in a cyber squatting manipulating data files to show less receipts and bank
action by showing that the defendant, in bad faith and remittances.
with intent to profit, registered a domain name

28 Self Learning Material

Cyber Defamation stamps, mark sheets etc. can be forged using

Any derogatory statement, which is designed to injure sophisticated computers, printers and scanners. It is
a person's business or reputation, constitutes cyber very difficult to control such attacks. For e.g. across
defamation. Defamation can be accomplished as libel the country students buy forged mark sheets for heavy
or slander. Cyber defamation occurs when sums to deposit in college.
defamation takes place with the help of computers andFinancial Crimes
/ or the Internet. E.g. someone publishes defamatory
This would include cheating, credit card frauds,
matter about someone on a website or sends e-mails
money laundering etc. such crimes are punishable
containing defamatory information to all of that
under both IPC and IT Act. A leading Bank in India
person’s friends.
was cheated to the extent of 1.39 crores due to
Trojan Attack misappropriation of funds by manipulation of

A Trojan, the program is aptly called an unauthorized computer records regarding debit and credit accounts.
program which functions from inside what seems to Internet Time Theft
be an authorized program, thereby concealing what it
This con notes the usage by an unauthorized person of
is actually doing.
the Internet hours paid for by another person. This
Forgery kind of cybercrime was unheard until the victim
Counterfeit currency notes, postage and revenue reported it. This offence is usually covered under IPC
and the Indian Telegraph Act.
It is a kind of e-mail that appears to originate from
Virus/Worms Attack one source although it has actually been sent from

Virus is a program that attaches itself to a computer or another source. Such kind of crime can be done for
a file and then circulates to other files and to other reasons like defaming a person or for monetary gain

computers on a network. They usually affect the data etc. E.g. if A sends email to B’s friend containing ill
on a computer, either by altering or deleting it. about

Worms, unlike viruses do not need the host to attach Introduction to Cyber Crimes
themselves to. They merely make functional copies of
themselves and do this repeatedly till they eat up all
Notes
the available space on a computer's memory.

E-mail Spoofing
 Self Learning Material 29
Cyber Crime and Law Notes from individuals to companies and even the email
service provider.

Salami Attack
This is basically related to finance and therefore the
him by spoofing B’s email address, this could result in
main victims of this crime are the financial institutions.
ending of relations between B and his friends.
This attack has a unique quality that the alteration isso
Email Bombing insignificant that in a single case it would go completely
Email bombing means sending large amount of mails to unnoticed. E.g. a bank employee inserts a programme
the victims as a result of which their account or mail whereby a meager sum of ` 3 is deducted from
server crashes. The victims of email bombing can vary customers account. Such a small amount will not be
 noticeable at all. disclosure of traffic data, production order, search and
seizure of computer data, real-time collection of traffic
Web Jacking
data, and interception of content data.
This term has been taken from the word hijacking. Once
a website is web jacked the owner of the site loses all 1.22 Cyber Crime in Modern Society
control over it. The person gaining such kind of an
Today, criminals that indulge in cybercrimes are not
access is called a hacker who may even alter or destroy
driven by ego or expertise. Instead, they want to use
any information on the site. Rehabilitation
their knowledge to gain benefits quickly. They are using

1.21 Misuse of Technology in the form of their expertise to steal, deceive and exploit people as
they find it easy to earn money without having to do an
Cyber Crime
honest day’s work.
The following offences are defined by the Convention:
Cybercrimes have become a real threat today and are
illegal access, illegal interception, data interference,
quite different from old school crimes, such as robbing,
system interference, misuse of devices, computer-
mugging or stealing. Unlike these crimes, cybercrimes
related forgery, computer-related fraud, offences
can be committed single handedly and does not require
related to child pornography, and offences related to
the physical presence of the criminals. The crimes can
copyright and neighboring rights. It also sets out such
be committed from a remote location and the criminals
procedural law issues as expedited preservation of
need
stored data, expedited preservation and partial

30 Self Learning Material

not worry about the law enforcement agencies in the misuse the credit card to make numerous purchases
country where they are committing crimes. The same online; run a scam to get naïve people to part with
systems that have made it easier for people to conduct their hard earned money; use malicious software to
e-commerce and online transactions are now being gain access to an organization’s website or disrupt the
exploited by cyber criminals. systems of the organization. The malicious software
can also damage software and hardware, just like
1.23 Categories of Cyber Crime vandals damage property in the offline world.

Cybercrimes are broadly categorized into three Government: Although not as common as the other

categories, namely crime against 1. Individual two categories, crimes against a government are
referred to as cyber terrorism. If successful, this
2. Property
category can wreak havoc and cause panic amongst
3. Government
the civilian population. In this category, criminals
Each category can use a variety of methods and the hack government websites, military websites or
methods used vary from one criminal to another. circulate propaganda. The perpetrators can be
Individual: This type of cybercrime can be in the terrorist outfits or unfriendly governments of other
form of cyber stalking, distributing pornography, nations.
trafficking and grooming’. Today, law enforcement
agencies are taking this category of cybercrime very 1.24 Different Kinds of Cyber Crime
seriously and are joining forces internationally to
The different kinds of cybercrimes are:
reach and arrest the perpetrators.
1. Unauthorized Access and Hacking: Unauthorized
Property: Just like in the real world where a criminal
access means any kind of access without the
can steal and rob, even in the cyber world criminals permission of either of the rightful or person in charge
resort to stealing and robbing. In this case, they can of the computer, computer system or computer
steal a person’s bank details and siphon off money; network. Hacking means an illegal intrusion into a
computer system and/or network. Every act Introduction to Cyber Crimes
committed towards breaking into a computer and/or
network is hacking. Hackers write or use ready- made
computer programs to attack the target computer. Notes
They possess the desire to destruct and they

Self Learning Material 31

Cyber Crime and Law Notes credit card information, transferring money from
various bank accounts to their own account followed
by withdrawal of money. Government websites are the
most targeted sites for the hackers.
get the kick out of such destruction. Some hackers hack A hacker is an unauthorized user who attempts to or
for personal monetary gains, such as to stealing the gains access to an information system. Hacking is a
 crime even if there is no visible damage to the system, its content. 3. Pornography: Pornography means
since it is an invasion in to the privacy of data. There showing sexual acts in order to cause sexual
are different classes of Hackers. excitement. The definition of pornography also
(a) White Hat Hackers:They believes that information includes pornographic websites, pornographic
sharing is good, and that it is their duty to share their magazines produced using computer and the internet
expertise by facilitating access to information. pornography delivered over mobile phones.
However there are some white hat hackers who are just 4. Child Pornography: The Internet is being highly
joy riding” on computer systems. used as a medium to sexually abuse children. The
(b) Black Hat Hackers: They cause damage after children are viable victim to the cybercrime. Computers
intrusion. They may steal or modify data or insert and internet having become a necessity of every
viruses or worms which damage the system. They are household, the children have got an easy access to the
also called―crackers. internet. There is an easy access to the pornographic
(c) Grey Hat Hackers: Typically ethical but contents on the internet. Pedophiles lure the children
occasionally violates hacker ethics Hackers will hack by distributing pornographic material and then they try
into networks, stand-alone computers and software. to meet them for sex or to take their nude photographs
Network hackers try to gain unauthorized access to including their engagement in sexual positions.
private computer networks just for challenge, curiosity, Sometimes pedophiles contact children in the chat
and distribution of information. Crackers perform rooms posing as teenagers or a child of similar age and
unauthorized intrusion with damage like stealing or then they start becoming friendlier with them and win
changing of information or inserting malware (viruses their confidence. Then slowly pedophiles start sexual
or worms). chat to help children shed their inhibitions about sex

2. Web Hijacking: Web hijacking means taking and then call them out for personal interaction. Then

forceful control of website of others. In this case the starts actual exploitation of the children by offering
them
owner of the website loses control over his website and

32 Self Learning Material

some money or falsely promising them good to help child/teen shed his inhibitions so that a feeling
opportunities in life. The pedophiles then sexually is created in the mind of the victim that what is being
exploit the children either by using them as sexual fed to him are normal and that everybody does it.
objects or by taking their pornographic pictures in (g) Extract personal information from child/teen.
order to sell those over the internet.
(h) At the end of it, the pedophiles set up a meeting
How do they operate? with the child/teen out of the house and then drag
(a) Pedophiles use false identity to trap the him into the net to further sexually assault him or to
children/teenagers. use him as a sex object.
(b) Pedophiles contact children/teens in various chat 5. Cyber Stalking: In general terms, stalking can be
rooms which are used by children/teen to interact termed as the repeated acts of harassment targeting
with other children/teen. the victim such as following the victim, making
(c) Befriend the child/teen. harassing phone calls, killing the victims pet,
(d) Extract personal information from the child/teen vandalizing victims property, leaving written
by winning his confidence. (e) Gets the e-mail address messages or objects. Stalking may be followed by
of the child/teen and starts making contacts on the serious violent acts such as physical harm to the
victims e-mail address? victim. Cyber stalking means repeated acts of
harassment or threatening behavior of the
(f) Starts sending pornographic images/text to the
cybercriminal towards the victim by using internet
victim including child pornographic images in order
services. Both kinds of stalkers i.e., Online & Offline
have desire to control the victims life. collects the information from the internet resources
How do Cyber Stalkers operate? such as various profiles, the

(a) They collect all personal information about the victim may have filled in while opening the chat or
victim such as name, family background, telephone e-mail account or while signing an account with some
numbers of residence and work place, daily routine ofwebsite.
the victim, address of residence and place of work, Introduction to Cyber Crimes
date of birth etc. If the stalker is one of the
acquaintances of the victim he can easily get this
Notes
information. If stalker is a stranger to victim, he

Self Learning Material 33

 Cyber Crime and Law Notes Stalkers will almost always make contact with their
victims through email. The letters may be loving,
threatening, or sexually explicit. He will many times
use multiple names when contacting the victim.
(b) The stalker may post this information on any (i) Contact victim via telephone. If the stalker is able to
website related to sex-services or dating services, access the victim telephone, he will many times make
posing as if the victim is posting this information and calls to the victim to threaten, harass, or intimidate
invite the people to call the victim on her telephone them.
numbers to have sexual services. Stalker even uses (j) Track the victim to his/her home.
very filthy and obscene language to
6. Denial of service Attack: This is an attack in which
invite the interested persons.
the criminal floods the bandwidth ofthe victim network
(c) People of all kind from nook and corner of the or fills his e-mail box with spam mail depriving him of
World, who come across this information, start calling the services he is entitled to access or provide. This kind
the victim at her residence and/or work place, asking of attack is designed to bring the network to crash by
for sexual services or relationships. flooding it with useless traffic.Another variation to a
(d) Some stalkers subscribe the e-mail account of the typical denial of service attack is known as a
victim to innumerable pornographic and sex sites, Distributed Denial of Service (DDoS) attack wherein
because of which victim starts receiving such kind of the perpetrators are many and are geographically
unsolicited e-mails. widespread. Many DoS attacks, such as the Ping of
(e) Some stalkers keep on sending repeated e-mails Death and Teardrop attacks, exploit limitations in the
asking for various kinds of favors or threaten the TCP/IP protocols. For all known DoS attacks, there are
victim. software fixes that system administrators can install to
limit the damage caused by the attacks. But, like Virus,
(f) In online stalking the stalker can make third party to
new DoS attacks are constantly being dreamed up by
harass the victim. (g) Follow their victim from board to
Hacker.
board. They hangout on the same as their victim, many
7. Virus Attacks: Viruses are the programs that have
times posting notes to the victim, making sure the
the capability to infect other programs and make copies
victim is aware that he/she is being followed. Many
of it and spread into other program. Programs that
times they will flame their victim (becoming
argumentative, insulting) to get their attention. (h)

34 Self Learning Material

multiply like viruses but spread from computer to Server and start using the Trojan. TCP/IP protocol is
computer are called as worms. These are malicious the usual protocol type used for communications, but
software that attaches them to other software. Virus, some functions of the Trojans use the UDP protocol
worms, Trojan horse, Time bomb, Logic Bomb, as well.
Rabbit and Bacterium are the malicious. Viruses 8. Software Piracy: Software piracy refers to the
usually affect the data on a computer, either by illegal copying of genuine programs or the
altering or deleting it. On the other hand worms counterfeiting and distribution of products intended to
merely make functional copies of them and do this pass for the original. These kind of crimes also
repeatedly till they eat up all the available. Trojan include copyright infringement, trademarks
horse is a program that acts like something useful but violations, theft of computer source code, patent
do the things that are quiet damping. Trojans come in violations etc.
two parts, a Client part and a Server part. When the
Domain names are also trademarks and protected by
victim (unknowingly) runs the server on its machine,
ICANN domain dispute resolution policy and also
the attacker will then use the Client to connect to the
under trademark laws. Cyber squatters register
domain name identical to popular service provider visit a web site where they are asked to update
name so as to attract their users and get benefit from personal information, such as passwords and credit
them. card, social security, and bank account numbers that
9. Salami Attacks: These attacks are used for the the legitimate organization already has. The Web site,
commission of financial crimes. The key here is to however, is bogus and set up only to steal the user
make the alteration so insignificant that in a single information. By spamming large groups of people, the
case it would go completely unnoticed. E.g. a bank phisher counted on the e-mail being read by a
employee inserts a program, into the bank servers, percentage of people who actually had listed credit
that deducts a small amount of money (say ` 5 a card numbers with legitimately.
month) from the account of every customer. No 11. Sale of illegal articles: This category of
account holder will probably notice this unauthorized cybercrimes includes sale of narcotics, weapons and
debit, but the bank employee will make a sizable wildlife etc., by posting information on websites,
amount of money every month. auction websites, and bulletin boards or simply by
10. Phishing: Phishing is the act of sending an e-mail using email communication.
to a user falsely claiming to be an established Introduction to Cyber Crimes
legitimate enterprise in an attempt to scam the user
into surrendering private information that will be
used for identity theft. The e-mail directs the user to
Notes
 Self Learning Material 35
Cyber Crime and Law Notes in which the sender addresses and other parts of the
e-mail header are altered to appear as though the e- mail
originated from a different source. E-mail spoofing is
sending an e-mail to another person in such a way that it
12. Online gambling: There are millions of websites; appears that the e-mail was sent by someone else. A
all hosted on servers abroad, that offer online spoof email is one that appears to originate from one
gambling. In fact, it is believed that many of these source but actually has been sent from another source.
websites are actually fronts for money laundering. Spoofing is the act of electronically disguising one
Cases of hawala transactions and money laundering computer as another for gaining as the password
over the Internet have been reported. system. It is becoming so common that you can no
longer take for granted that the e-mail you are receiving
13. Email spoofing : E-mail spoofing is e-mail activity
 is truly from the person identified as the sender. computers, and high quality scanners and printers.
Emailspoofing is a technique used by hackersto 16. Theft of information contained in electronic
fraudulently send email messages in which the sender form: This includes theft of information stored in
address and other parts of the email header are altered computer hard disks, removable storage media etc. 17.
to appear as though the email originated from a source Email bombing: Email bombing refers to sending a
other than its actual source. Hackers use this method to large number of emails to the victim resulting in the
disguise the actual email address from which phishing victims email account (in case of an individual) or mail
and spam messages are sent and often use email servers (in case of a company or an email service
spoofing in conjunction with Web page spoofing to trickprovider) crashing. 18. Internet time theft: Internet
users into providing personal and confidential time refers to usage by an unauthorized person of the
information.
Internet hours paid for by another person.
14. Cyber Defamation" When a person publishes
19. Theft of computer system: This type of offence
defamatory matter about someone on a website or
involves the theft of a computer, some part(s) of a
sends e-mails containing defamatory information to all
computer or a peripheral attached to the computer. 20.
of that person friends, it is termed as cyber defamation.
Physically damaging a computer system: This crime
15. Forgery: Computers, printers and scanners are used
is committed by physically damaging a computer or its
to forge counterfeit currency notes, postage and
peripherals.
revenue stamps, mark sheets etc. These are made using

36 Self Learning Material

21. Breach of Privacy and Confidentiality: Privacy 22. Data diddling: Data diddling involves changing
refers to the right of an individual/s to determine data prior or during input into a computer. The
when, how and to what extent his or her personal data information is changed from the way it should be
will be shared with others. Breach of privacy means entered by a person typing in the data, a virus that
unauthorized use or distribution or disclosure of changes data, the programmer of the database or
personal information. Confidentiality means application, or anyone else involved in the process of
non-disclosure of information to having information stored in a computer file. It also
unauthorized or unwanted persons. In addition to includes automatic changing the financial information
Personal information some other type of information for some time before processing and then restoring
which useful for business and leakage of such original information.
information to other persons may cause damage to
23. E-commerce/ Investment Frauds: An offering
business or person, such information should be
that uses false or fraudulent claims to solicit
protected.
investments or loans, or that provides for the
Generally for protecting secrecy of such information, purchase, use, or trade of forged or counterfeit
parties while sharing information forms an agreementsecurities. Merchandise or services that were
about the procedure of handling of information and purchased or contracted by individuals online are
to not to disclose such information to third parties or never delivered. The fraud attributable to the
use it in such a way that it will be disclosed to third misrepresentation of a product advertised for sale
parties. Many times party or their employees leak through an Internet auction site or the non-delivery of
such valuable information for monitory gains and products purchased through an Internet auction site.
causes breach of contract of confidentiality. Special Investors are enticed to invest in this fraudulent
techniques such as Social Engineering are commonly scheme by the promises of abnormally high profits.
used to obtain confidential information.
24. Cyber Terrorism: Targeted attacks on military
installations, power plants, air traffic control, banks, traditional terrorist methods.
trail traffic control, telecommunication networks are ⌘ Cyber terrorism is more anonymous than traditional
the most likely targets. Others like police, medical, terrorist methods.
fire and rescue systems etc. Introduction to Cyber Crimes

Cyber terrorism is an attractive option for modern

terrorists for several reasons. ⌘ It is cheaper than Notes

Self Learning Material 37

Cyber Crime and Law Notes ⌘ The variety and number of targets are enormous.
⌘ Cyber terrorism can be conducted remotely, a feature
that is especially appealing to terrorists.
⌘ Cyber terrorism has the potential to affect directly a
 larger number of people. both manual and automatic transfer and access of
information when it takes places between different
1.25 How to Tackle Cyber Crime security classification levels. This allows seamless
sharing and access of information within a specific
It has been seen that most cyber criminals have a loose
security classification, but cannot be intercepted by or
network wherein they collaborate and cooperate with
advertently revealed to user who is not part of the
one another. Unlike the real world, these criminals do
security classification. This helps to keep the network
not fight one another for supremacy or control. Instead
and the systems using the network safe
they work together to improve their skills and even
help out each other with new opportunities. Hence, the
1.26 Major Threats of Cyber Crime in
usual methods of fighting crime cannot be used against
the Current Scenario
cyber criminals. While law enforcement agencies are
trying to keep pace with cyber criminals, it is proving Well at present, cases such as credit card thefts and
to be a Herculean task. This is primarily because the online money-laundering are on the rise. Cybercrime
methods used by cyber criminals and technology keeps has also exposed the impending hazards of e-banking.
changing too quickly for law enforcement agencies to Zenophobia, hate-mail cases and cyber-terrorism are
be effective. That is why commercial institutions and the most pronounced aspects of cybercrime across
government organizations need to look at other methods countries. Fake escrow scams, online infringement of
of safeguarding themselves. The best way to go about is music, videos and software also having big impact in
using the solutions provided by Cross-Domain cybercrime. Well, as far as India is concerned, I don't
Solutions. When organizations use cross domain cyber see very effective laws in place to address such cases.
security solutions, they can ensure that exchange of However, I appreciate the amendment made in the IT
information adheres to security protocols. The solution Act, 2000. When the IT Act was passed way back in
allows organizations to use a unified system 2000, the Act majorly addressed issues related to
comprising of software and hardware that authenticates e-commerce.

38 Self Learning Material

1.27 Impact of Cyber Crime on these days. To combat the crimes related to internet
Businesses The Information Technology Act, 2000 was enacted
with prime objective to create an enabling
As all the businesses, all over the world are
environment for commercial use of I.T. The
increasingly operating in the online mode because
ITActspecifiesthe acts which have been made
most of their work being done through websites,
punishable.
hence all sectors are equally vulnerable to
The Indian Penal Code, 1860 has also been amended
cybercrime. Cyber Crimes always affects the
to take into its purview cybercrimes. The various
companies of any size because almost all the
offenses related to internet which have been made
companies gain an online presence and take
punishable under the IT Act and the IPC are
advantage of the rapid gains in the technology but
enumerated below:
greater attention to be given to its security risks.
However, I would say that SMEs in the IT industry 1. Cybercrimes under the IT Act
are the greatest stake holders. Piracy and copy right ⌘ Tampering with Computer source documents -
protection are the major threats. Sec.65
⌘ Hacking with Computer systems, Data alteration -
Sec.66
1.28 Cyber Laws
⌘ Publishing obscene information - Sec.67
Cybercrimes are a new class of crimes which are
⌘ Un-authorized access to protected system Sec.70
increasing day by day due to extensive use of internet
Breach of Confidentiality and Privacy - Sec.72
⌘ Web-Jacking - Sec. 383 IPC
⌘ Publishing false digital signature certificates - ⌘ E-Mail Abuse - Sec.500 IPC
Sec.73
3. Cyber Crimes under the Special Acts
2. Cyber Crimes under IPC and Special Laws
⌘ Online sale of Drugs under Narcotic Drugs and
⌘ Sending threatening messages by email - Sec 503
IPC Psychotropic Substances Act

⌘ Sending defamatory messages by email - Sec 499 ⌘ Online sale of Arms Act
IPC Introduction to Cyber Crimes
⌘ Forgery of electronic records - Sec 463 IPC
⌘ Bogus websites, cyber frauds - Sec 420 IPC
Notes
⌘ Email spoofing - Sec 463 IPC

Self Learning Material 39

 Cyber Crime and Law Notes debit card number to any site that is not secured, to
guard against frauds.
⌘ It is always the parents who have to keep a watch on
the sites that their children are accessing, to prevent
1.29 Prevention of Cyber Crime any kind of harassment or depravation in children.
⌘ Web site owners should watch traffic and check any
Prevention is always better than cure. It is always better
to take certain precautions while working on the net. irregularity on the site. It is the responsibility of the web

One should make them a part of his cyber life. Sailesh site owners to adopt some policy for preventing
Kumar Zarkar, technical advisor and network security cybercrimes as number of internet users are growing
consultant to the Mumbai Police Cybercrime Cell, day by day.

advocates the 5P mantra for online security: Precaution, ⌘ Web servers running public sites must be physically
Prevention, Protection, Preservation and Perseverance. separately protected from internal corporate network.
⌘ Identification of exposuresthrough education will ⌘ It is better to use a security programs by the body
assist responsible companies and firms to meet these corporate to control information on sites.
challenges. ⌘ Strict statutory laws need to be passed by the
⌘ One should avoid disclosing any personal information legislatures keeping in mind the interest of netizens.
to strangers, the person whom they don’t know, via ⌘ IT departmentshould pass certain guidelines and
e-mail or while chatting or any social networking site. notificationsfor the protection of computer system and
⌘ One must avoid sending any photograph to strangers should also bring out with some more strict laws to
by online as misusing or modification of photograph breakdown the criminal activities relating to
incidents increasing day by day. cyberspace.

⌘ An update Anti-virus software to guard against virus ⌘ As Cyber Crime is the major threat to all the countries
attacks should be used by all the netizens and should worldwide, certain steps should be taken at the
also keep back up volumes so that one may not suffer international level for preventing the cybercrime.
data loss in case of virus contamination.
⌘ A person should never send his credit card number or

40 Self Learning Material

⌘ A complete justice must be provided to the victims Computer forensics is simply the application of
of cybercrimes by way of compensatory remedy and computer investigation and analysis techniques in the
offenders to be punished with highest type of interests of determining potential legal evidence.
punishment so that it will anticipate the criminals of Evidence might be sought in a wide range of
cybercrime. computer crime or misuse, including but not limited
to theft of trade secrets, theft of or destruction of
1.30 Misuse of technology intellectual property, and fraud. Jerry Wegman, an
Associate Professor of Business Law, states,
Cyber-criminals should be aware that no matter where
Computer forensics has developed as an
in the world you commit cybercrime, even from
indispensable tool for law enforcement. But in the
remote places, you can and will be identified and held
digital world, as in the physical l world, the goals of
accountable for your actions.
law enforcement are balanced with the goals of
maintaining personal liberty and privacy. Computer
1.31 Computer Forensics Defined
forensic investigators must be aware of the legal
Judd Robbins‘, an explanation of Computer Forensics,environment in which they work, or they risk having
definition of computer forensics is as follows: the evidence they obtain being ruled inadmissible.
Ms. Erin Kenneally further defines computer of evidence to find out
forensics by stating, Since forensic science is the exactly what happened on a computing device and
application of a scientific discipline to the law, the who was responsible for it. Forensic investigators
essence of all forensic disciplines concerns the typically follow a standard set of procedures: After
principles applied to the detection, collection, physically isolating the device in question to make
preservation, and analysis of evidence to ensure its sure it cannot be accidentally contaminated,
admissibility in legal proceedings. Computer investigators make a digital copy of the device's
forensics refers to the tools and techniques to recover, storage media. Once the original media has been
preserve, and examine data stored or transmitted in copied, it is locked in a safe or other secure facility to
binary form. maintain its pristine condition. All investigation is
Computer forensics is the application of investigation done on the digital copy.
and analysis techniques to gather and preserve Introduction to Cyber Crimes
evidence from a particular computing device in a way
that is suitable for presentation in a court of law. The
goal of computer forensics is to perform a structured Notes
investigation while maintaining a documented chain
 Self Learning Material 41
Cyber Crime and Law Notes involve discovery, depositions, or actual litigation.

1.32 Objectives of Cyber Forensics

The objective of Cyber forensics is to identify digital
Investigators use a variety of techniques and proprietary evidence for an investigation with the scientific method
software forensic applications to examine the copy, to draw conclusions. Examples of investigations that
searching hidden folders and unallocated disk space for use cyber forensics include unlawful use of computers,
copies of deleted, encrypted, or damaged files. Any child pornography, and cyber terrorism.
evidence found on the digital copy is carefully
The area of cyber forensics has become prominent field
documented in a “finding report” and verified with the
of research because: 1. Forensics systems allow the
original in preparation for legal proceedings that
 administrator to diagnose errors to be secure in their persons, houses, papers, and
2. Intrusion detection systems are necessary in avoiding effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but
cyber crimes 3. Change detection can be possible with
upon probable cause, supported by Oath or affirmation,
proactive forensics
and particularly describing the place to be searched, and
Cyber forensics can be used for two benefits: the persons or
⌘ To investigate allegations of digital malfeasance things to be seized.
⌘ To perform cause analysis The Fourth Amendment question that typically comes
up in digital evidence cases asks whether an individual
1.33 Legal Scenario has a reasonable expectation of privacy having
Forensic evidence is only as valuable as the integrity of electronic information stored on electronic devices
the method that the evidence was obtained. The under that individual’s control.
methods applied to obtain evidence are best represented Computer evidence can present a challenge for both
if standards are known and readily established by the prosecutors and defendants alike. A guide to offering
digital forensics community. The Fourth Amendment mobile device data as evidence is beyond the scope of
limits the ability of government agents to perform this research but a few examples of some digital
search and seizure evidence tactics without a warrant, forensics issues in real life situations are described
including computers. below.
The Fourth Amendment states: The right of the people

42 Self Learning Material

A legal issue in presenting evidence is the best Japanese police were able to retrieve and restore
evidence rule’ which states that to prove the contents electronic mail messages previously deleted from the
of a document, recording or photograph, the original’ mobile phones including messages exchanged among
document, recording or photograph is ordinarily wrestlers who were being implicated in the wrestling
required. For example, in United States v. Bennett, bout-rigging case. The sumo wrestlers refused to turn
363 F.3d 947, 953 (9th Cir. 2004), a federal agent over their mobile devices to law enforcement
testified about information that he claiming their phones were damaged due to water or
viewed on the screen of a GPS on the defendant’s boatthe battery had died in the phones. The case is still
in order to prove he had imported drugs across ongoing in Japan but members of the JSA plan to
international waters. It was decided the agent’s obtain data left on the cell phones utilized by the
testimony violated the best evidence rule because he suspected wrestlers to restore deleted email messages
had only observed a graphical representation of data in order to prove the case against the sumo wrestlers.
from the GPS instead of actually observing the Even if deleted, the cell phone email data remains in
professed path the boat had been following during the binary format on the handheld device’s memory. This
encounter. Since the U.S. sought to prove the contents is called data remanence or the residual representation
of the GPS, the best evidence rule was invoked and of data that remains after attempts have been made to
required the government to present the actual GPS remove or erase the data. Through digital forensics,
data or printout of the data, rather than the testimony even mobile devices that have been ruined or
from the federal agent. immersed in water can still recover data unless the
In 2010, a Japanese sumo wrestling match-fixing device’s memory chips are destroyed.
scandal was brought to light after investigators Like digital evidence from a computer, it is necessary
analyzed data left on fifty cell phones seized from to have proper legal authority in order to perform a
wrestlers of the Japan Sumo Association (JSA) while forensics investigation of cellular telephones and
probing a baseball scandal in that country. The mobile handheld devices. An exception that is
supported by case law (U.S. v. Finley C.A.5 Tex., altered or damaged. This exception for handheld
2007, & U.S. v. Carroll N.D. Ga. , 2008) allows a devices is restricted by a limited period of time and
search incident to arrest’ and is often connected with according to law, may be searched without a warrant
searches of arrestees and motor vehicles. For only if the search is substantially contemporaneous
example, in the U.S v. Finley case, it was noted that with the arrest (U.S. v. Curry D Me., 2008). The
the defendant in the case had conceded that a cell authors
phone was analogous to a closed container’ for the Introduction to Cyber Crimes
purpose of Fourth Amendment analysis. Such
searches are allowed by the court to be performed for
the preservation of evidence that could easily be Notes

Self Learning Material 43

 Cyber Crime and Law Notes The Fourth Amendment applies to mobile electronic
devices and digital evidence just as it does any other
type of criminal evidence. Legally, when handling
computers and mobile devices, it is best for the
of the Fourth Amendment could not have envisioned forensics investigator to treat them as they would a
the powerful technology of today’s electronic age and closed container, such as a briefcase or a file cabinet.
courts have only begun to answer difficult questions Generally, the Fourth Amendment
that are being introduced through the use of these prohibits law enforcement personnel from accessing,
devices. Current Fourth Amendment doctrine and viewing, or examining information stored on a
precedent cases suggest that the United States Supreme computer or mobile device if the law enforcer would be
Court would consent to invasive searches of a mobile prohibited from opening a closed container and
device found on the person of many individuals and has examining its contents in the same situation. The
allowed an exception permitting warrantless searches forensics investigator should always be aware that laws
on the grounds that law enforcement should be allowed vary state by state and unopened electronic mail,
to look for weapons or other evidence that could be unread texts, and incoming phone calls of seized
linked to an alleged crime. The Obama administration devices may present non-consensual eavesdropping
and many local prosecutors feel that warrantless issues.
searches are perfectly constitutional during arrests. In digital media searches, the media is frequently
Privacy advocates feel that existing legal rules allowing searched off site and in an enclosed forensics
law enforcement to search suspects at the time of an laboratory. Generally, courts have treated the offsite
arrest should not apply to mobile devices like the smart forensics analysis of seized digital media as a
phone because the value of information being stored is continuation of the initial search and thus, the
greater and the threat of an intrusive search is much investigator is still bound by the Fourth Amendment.
higher, such as PII. Personally identifiable information Because this analysis is often treated as part of the
(PII) is initial search, the government bears not only the burden
information connected to an individual including but of proving the seizure was reasonable and proper, but
not limited to education, financial transactions, medical also that the search was conducted in a reasonable
information, and criminal or employment history which manner. To ensure that search and seizure forensics
can be used to trace that individual’s identity such as analysis meets the burden later at the trial, the forensics
name, social security number, or birth date. While investigator should generate a written report with clear
technologies have evolved over the years, the search documentation of the analysis.
incident principle has remained constant.

44 Self Learning Material

1.34 Legal Provisions in Indian 2008, with the provision for acceptance of matter in
Perspective electronic form to be treated as written’ if the need
arises. These show a prima faci acceptability of digital
The confluence of two legal paradigms, i.e., the law
evidence in any trial.
of evidence and that of information technology has
made the legal domain at par with the contemporary 2. Further, Section 79A of the IT (Amendment) Act,
challenges of the cyber space. 2008 has gone aboard to define electronic evidence as
any information of probative value that is either
1. Firstly, the traditional law defining the term
stored, or transmitted in electronic form and includes
Evidence’has been amended to include electronic
computer evidence, digital audio, digital video, cell
evidence in Section 3, The Evidence Act, 1872. The
phones and digital fax machines.
other parallel legal recognition appeared in Section 4,
The Information Technology (Amendment) Act, 3. With regards to admissibility of electronic records,
Section 65-B of the Evidence Act, 1872 enunciates Electronic Evidence. This agency will play a crucial
various conditions for the same. role in providing expert opinion on electronic form of
4. Since digital evidence ought to be collected and evidence.
preserved in certain form, the admissibility of storage
devices imbibing the media content from the crime 1.35 Phases of Cyber Forensics
scene is also an important factor to consider. Reading
Identification Phase
Section 3 and Section 65-B, The Evidence Act, 1872
cumulatively, it can be inferred that certain computer The identification phase is the process of identifying
outputs of the original electronic record, are now evidence material and its probable location. This
made admissible as evidence without proof or phase is unlike a traditional crime scene it processes
production of the original record. Thus, the matter on the incident scene and documents every step of the
computer printouts and floppy disks and CDs become way. Evidence should be handled properly. Basic
admissible as evidence. requirement in evidence collection is evidence must
be presented without alteration. This
5. The other most crucial question in cybercrime
investigation regarding the reliability of digital Introduction to Cyber Crimes

evidence has also been clarified by Section 79A of the

IT (Amendment) Act, 2008, which empowers the
Notes
Central government to appoint any department or
agency of Central or State government as Examiner of
 Self Learning Material 45
Cyber Crime and Law
documentation of the possession of evidence. Chain
of custody is a vital part of computer forensics and
the legal system and the goal is to protect the
Notes integrity of evidence, so evidence should be
requirement applies to all phases of forensics
physically secured in a safe place along with a
analysis. At the time of evidence collection, there is
detailed log.
a need of thorough check of system logs, time
The evidence and chain of custody which is useful
stamps and security monitors. Once evidence
during incident investigation. Handling specific
collected, it is necessary to account for its
type of incidentslike Denial of Service, Malicious
whereabouts. Investigators would need detailed
Code, Unauthorized access etc. are described in
forensics to establish a chain of custody, the
 computer security incident handling guide. image, forensics duplication and live acquisition.
Mirror images, bit-for-bit copy, involve the backups
Acquisition Phase
of entire hard disk. Creation of mirror image is
The acquisition phase saves the state of evidence
simple in theory, but its accuracy must meet
that can be further analyzed. The goal of this phase
evidence standards. The purpose of having mirror
is to save all digital values. Here, a copy of hard disk
image is evidence available in the case of the
is created, which is commonly called as an image.
original system need to be restarted for further
Different methods of acquiring data and their
analysis.
relative advantages and disadvantages are described
in. As per law enforcement community, there are Analysis Phase
three types of commonly accepted forensics Forensic analysis is the process of understanding,
acquisition: mirror image, forensics duplication and recreating and analyzing arbitrary events that have
live acquisition. gathered from digital sources. The analysis phase
Mirror images, bit-for-bit copy, involve the backups collects the acquired data and examines it to find the
of entire hard disk. Creation of mirror image is pieces of evidences.
simple in theory, but its accuracy must meet This phase also identify that the system
evidence standards. The purpose of having mirror wastampered or not to avoid identification. Analysis
image is evidence available in the case of the phase examines all the evidence collected during
original system need to be restarted for further collection and acquisition phases. There are three
analysis. Data and their relative advantages and types of examinations can be applied for the
disadvantages are described in as per law forensics analysis; limited, partial or full
enforcement community; there are three types of examination.
commonly accepted forensics acquisition: mirror

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Reporting Phase configuration and transport the computer system to a
The reporting phase comprises of documentation and secure location
evidence retention. The scientific method used in this ⌘ Bit Stream backup of digital media, use hash
phase is to draw conclusions based on the gathered algorithms to authenticate data on all storage devices
evidence. This phase is mainly based on the Cyber and document the system date and time
laws and presents the conclusions for corresponding ⌘ Search keywords and check file space management
evidence from the investigation. There is a need of (swap file, file slack evaluation, unallocated space)
good policy for how long evidence from an incident
⌘ Evaluate program functionality, document
should be retention. Factors to be considered in this
findings/results and retain Copies of software.
process are prosecution, data retention and cost. To
meet the retention requirements there is a need of
1.37 Cyber Forensic Tools
maintaining log archival. The archived logs must be
protected to maintain confidentiality and integrity of The main objective of cyber forensics tools is to
logs. extract digital evidence which can be admissible in
court of law. Electronic evidence (e-evidence, for
1.36 Forensics Methodology short) is playing a vital role in cybercrimes.
Computer forensics tools used to find skeletons in
The International Association of Computer
digital media. To reduce the effect of anti-forensics
Investigative Specialists (IACIS) has developed a tools the Investigator is likely to have the tools
forensic methodology which can be summarized as and knowledge required to counter the use of
follows: ⌘ Protect the Crime Scene, power shutdown
anti-forensics techniques. 1. The Coroner’s Toolkit
for the computer and document the hardware
(TCT), is an open source set of forensic tools investigative analysis software.
designed to conduct investigation UNIX systems. 5. LogLogic’s LX 2000 is powerful and distributed
2. Encase is the industry standard software used by log analysis tool.
Introduction to Cyber Crimes
law enforcement 3. The Forensic Toolkit (FTK) is
very powerful tool but not simple to use. 4. 12Analyst
is a different type of analysis tool; it is visual Notes

Self Learning Material 47

Cyber Crime and Law Notes 6. Net Witness and security intelligence are network
traffic security analyzer tools. 7. ProDiscover Incident
Response (IR) is a complete IT forensic tool that can
access computers over the network to study the
 network behavior decided based upon circumstantial evidences. A CBI
8. The Sleuth Kit is one of network forensics tools used judge, in November 2013, held that the parents of
to find file instances in an NTFS file. Aarushi Talwar are guilty of the murder of their
daughter and domestic help.
1.38 Case Laws Now the convicted couple has decided to file an appeal
before the Allahabad High Court on Tuesday i.e.
State of Maharashtra vs. Dr. Praful B Desai (AIR
21-01-2014. An application for bail had also been
2003 SC 2053) [The question involved whether a
attached with the appeal, with the matter likely to be
witness can be examined by means of a video
listed for Thursday. The appeal runs into 2,200 pages,
conference.]
with the grounds for appeal being 600 pages long.
The Supreme Court observed that video conferencing is
The lawyers for the convicted accused parents are
an advancement of science and technology which
appealing against issues like nature of burden of proof,
permits seeing, hearing, and talking with someone who
improper witnesses and evidence, etc. These seem to be
is not physically present with the same facility and
traditional criminal law related arguments.
ease as if they were physically present. The legal
The lawyers of the convicted parents seem to have
requirement for the presence of the witness does not
ignored the digital evidence that, if proved
mean actual physical presence. The court allowed the
successfully, could easily lead to their acquittal. This is
examination of a witness through video conferencing
more so when the central bureau of investigation (CBI)
and concluded that there is no reason why the
has failed to produce very credible cyber forensics
examination of a witness by video conferencing should
evidence In the lower court.
not be an essential part of electronic evidence.
When stakes are high it is not a good strategy to ignore
Rajesh and Nupur Talwar Would File Appeal At and exclude crucial areas that can strengthen a
Allahabad High Court Today
lawyer’s case. Let us see how the appeal would be
The Aarushi Talwar’s murder case is a real complicated pursued at the Allahabad High Court in the near future.
one. There is no direct evidence and the case has been

48 Self Learning Material

Jagjit Singh vs. State of Haryana ((2006) 11 emerging in Indian courts: judges are beginning to
SCC 1) recognize and appreciate the importance of digital
The speaker of the Legislative Assembly of the State evidence in legal proceedings.
of Haryana disqualified a member for defection.
When hearing the matter, the Supreme Court 1.39 Misuse of computer forensics
considered the digital evidence in the form of Computer forensic evidence often plays a key role in
interview transcripts from the Zee News television serious crime investigations, helping to track and
channel, the AajTak analyze criminal behavior through data stored on
television channel, and the Haryana News of Punjab privately owned computers and mobile devices.
Today television channel. The court determined that There is, however, a growing trend of computer
the electronic evidence placed on record was misuse in the workplace, and more public and private
admissible and upheld the reliance placed by the sector organisations now look to the experts to
speaker on the recorded interview when reaching the uncover this evidence discreetly and without
conclusion that the voices recorded on the CD were disrupting business continuity.
those of the persons taking action. The Supreme
Court found no infirmity in the speaker's reliance on 1.40 Indian Evidence Act, 1872
the digital evidence and the conclusions reached by
The Indian Evidence Act, 1872 contains set of rules
him. The comments in this case indicate a trend
and regulations regarding admissibility of evidence in
the Indian Courts of law. Indian Evidence Act was Some of the important provisions of the Indian
passed by the British Parliament in 1872 setting up a Evidence Act pertaining to digital/ electronic evidence
path-breaking judicial measure by changing are as follows:
traditional legal systems of different social groups and
⌘ Sec. 2(1) (t) Defining Electronic Record
communities. Since then from time to time
"Electronic record” means data, record or data
amendments are made in the Indian Evidence Act to
generated, image or sound stored, received or sent in
make it compatible with changing times.
an electronic form or micro film or computer
The Information Technology Act was originally generated micro fiche.
passed on 17th October 2000 with one of the aim to
Introduction to Cyber Crimes
provide legal recognition to digital/electronic
evidence. Hence, amendments were made in the
Indian Evidence Act regarding collection and Notes
production of digital evidence in the court of law.
 Self Learning Material 49
Cyber Crime and Law Notes which the evidence is taken has to give certificate as to
the genuineness of electronic record.
⌘ Sec. 88A – Presumption as to electronic messages
The Court may presume that an electronic message
The section has made electronic record legally forwarded by the originator through an electronic mail
admissible in the court of law. ⌘ Sec. 3 (a) – Scope of server to the addressee to whom the message purports
definition of evidence expanded to include electronic to be addressed corresponds with the message as fed
records. into his computer for transmission; but the Court shall

⌘ Sec. 65B – Admissibility of electronic records not make any presumption as to the person by whom
such message was sent.
The person owning or in-charge of the computer from
 proceedings, without further proof or production of the
1.41 Provisions of Indian Evidence Act, original, as evidence of any contents of the original or
1872 followed with Information of any fact stated therein of which direct evidence
Technology Act, 2000 would be admissible.

Section 65A: Special provisions as to evidence relating 2. The conditions referred to in sub-section (1) in
to electronic record. The contents of electronic records respect of a computer output shall be the following,
may be proved in accordance with the provisions of namely:
section 65B”. (i) The computer output containing the information was
produced by the computer during the period over
Section 65B- Admissibility of Electronic
which the computer was used regularly to store or
Records
process information for the purposes of any activities
1. Notwithstanding anything contained in this Act, any
regularly carried on over that period by the person
information contained in an electronic record which is
having lawful control over the use of the computer;
printed on a paper, stored, recorded or copied in optical
(ii) During the said period, information of the kind
or magnetic media produced by a computer (hereinafter
contained in the electronic record or of the kind from
referred to as the computer output) shall be deemed to
which the information so contained is derived was
be also a document, if the conditions mentioned in this
regularly fed into the computer in the ordinary course
section are satisfied in relation to the information and
of the said activities;
computer in question and shall be admissible in any

50 Self Learning Material

(iii) Throughout the material part of the said period, of this section as constituting a single computer; and
the computer was operating properly or, if not, then references in this section to a computer shall be
in respect of any period in which it was not operating construed accordingly.
properly or was out of operation during that part of 4. In any proceedings where it is desired to give a
the period, was not such as to affect the electronic statement in evidence by virtue of this section, a
record or the accuracy of its contents; and certificate doing any of the following things, that is
(iv) The information contained in the electronic to say, (i) Identifying the electronic record containing
record reproduces or is derived from such the statement and describing the manner in which it
information fed into the computer in the ordinary was produced;
course of the said activities.
(ii) Giving such particulars of any device involved in
(v) Where over any period, the function of storing or the production of that electronic record as may be
processing information for the purposes of any appropriate for the purpose of showing that the
activities regularly carried on over that period as electronic record was produced by a computer;
mentioned in clause (a) of sub-section (b) was
(iii) Dealing with any of the matters to which the
regularly performed by computers, whether-
conditions mentioned in subsection (2) relate, and
(i) by a combination of computers operating over that purporting to be signed by a person occupying a
period; or (ii) by different computers operating in responsible official position in relation to the
succession over that period; or (iii) by different operation of the relevant device or the management
combinations of computers operating in succession of the relevant activities (whichever is appropriate)
over that period; or shall be evidence of any matter stated in the
certificate; and for the purposes of this sub - section
3. In any other manner involving the successive
operation over that period, in whatever order, of one it shall be sufficient for a matter to be stated to the
or more computers and one or more combinations of best of the knowledge and belief of the person stating
computers, all the computers used for that purpose it.
during that period shall be treated for the purposes 5. For the purposes of this section:
(i) information shall be taken to be supplied to a Introduction to Cyber Crimes
computer if it is supplied thereto in any appropriate
form and whether it is so supplied directly or (with or
without human intervention) by means of any Notes
appropriate equipment;

Self Learning Material 51

Cyber Crime and Law Notes stored or processed for the purposes of those activities
by a computer operated otherwise than in the course of
those activities, that information, if duly supplied to
that computer, shall be taken to be supplied to it in the
(ii) whether in the course of activities carried on by any course of those activities;
official, information is supplied with a view to its being (iii) a computer output shall be taken to have been
 produced by a computer whether it was produced by it have been affixed by that person. Explanation-For the
directly or (with or without human intervention) by purposes of this section, “Controller” means the
means of any appropriate equipment. Explanation-For Controller appointed under sub-section (1) of section
the purposes of this section any reference to 17 of the Information Technology Act, 2000.
information being derived from other information shall After section 81, the following section shall be inserted,
be a reference to its being derived there from by namely: - 81 A. The Court shall presume the
calculation, comparison or any other process. genuineness of every electronic record purporting to be
After section 67, the following section shall be the Official Gazette, or purporting to be electronic
inserted, namely: Proof as to digital signature. “67A. record directed by any law to be kept by any person, if
except in the case of a secure digital signature, if the such electronic record is kept substantially in the form
digital signature of any subscriber is alleged to have required by law and is produced from proper custody.
been affixed to an electronic record the fact that such After section 85, the following sections shall be
digital signature is the digital signature of the subscriber inserted, namely: 85A. The Court shall presume that
must be proved.” every electronic record purporting to be an agreement
After section 73, the following section shall be inserted, containing the digital signatures of the parties was so
namely: - Proof as to verification of digital signature. concluded by affixing the digital signature of the
‘73A. In order to ascertain whether a digital signature is parties. Section 85B refers as presumption of electronic
that of the person by whom it purports to have been records and digital signatures. 85B. (1) In any
affixed, the Court may direct- (a) that person or the proceedings involving a secure electronic record, the
Controller or the Certifying Authority to produce the Court shall presume unless contrary is proved, that the
Digital Signature Certificate; (b) any other person to secure electronic record has not been altered since the
apply the public key listed in the Digital Signature specific point of time to which the secure
Certificate and verify the digital signature purported to statusrelates.(2) In any proceedings, involving

52 Self Learning Material

secure digital signature, the Court shall presume After section 88, the following section shall be
unless the contrary is proved that- (a) the secure inserted, namely: 88A. The Court may presume that
digital signature is affixed by subscriber with the an electronic message forwarded by the originator
intention of signing or approving the electronic through an electronic mail server to the addressee to
record; (b) except in the case of a secure electronic whom the message purports to be addressed
record or a secure digital signature, nothing in this corresponds with the message as fed into his
section shall create any presumption relating to computer for transmission; but the Court shall not
authenticity and integrity of the electronic record or make any presumption as to the person by whom
any digital signature. such message was sent. Explanation--For the
purposes of this section, the expressions “addressee”
Presumption as to Digital Signature and “originator” shall have the same meanings
Certificates
respectively assigned to them in clauses (b) and (za)
Presumption asto Digital Signature Certificates.-The of sub-section (1) of section 2 of the Information
Courtshall presume, unless contrary is proved, that the Technology Act, 2000.
information listed in a Digital Signature Certificate is
After section 90, the following section shall be
correct, except for information specified as subscriber inserted, namely: 90A. Presumption asto electronic
information which has not been verified, if the records five years old.- Where any electronic record,
certificate was accepted by the subscriber. purporting or proved to be five years old, is produced
from any custody which the Court in the particular
case considers proper, the Court may presume that the substituted, namely: Production of documents or
digital signature which purports to be the digital electronic records which another person, having
signature of any particular person was so affixed by possession, could refuse to produce. “131. No one
him or any person authorized by him in this behalf. shall be compelled to produce documents in his
Explanation: Electronic records are said to be in possession or electronic records under his control,
proper custody if they are in the place in which, and which any other person would be entitled to refuse to
under the care of the person with whom, they produce if they were in his possession or control,
naturally be; but no custody is improper if it is unless such last-mentioned person consents to their
proved to have had a legitimate origin, or the production.
circumstances of the particular case are such as to Introduction to Cyber Crimes
render such an origin probable. This Explanation
applies also to section 81A.
For section 131, the following section shall be Notes
 Self Learning Material 53
Cyber Crime and Law Notes data in photographs, Data on the cloud, Network data,
Databases.

Extraction and Production in court of Digital

Evidence
1.42 Digital Evidence – Technological & Email evidence, Facebook evidence, Photographs (from
Practical Issues smartphones, digital cameras), Text, whatsapp and
iMessage evidence, Evidence in browsers, Digital
Types of Digital Evidence
signatures as evidence, Deleted data, IP addresses,
Data in desktops, laptops, tablets & cell phones, Data Wi-Fi and server logs.
on pendrives, CD, DVD, Encrypted data,
Steganographic data, Password protected data, GPS Digital Evidence & the Indian Law
 Twentieth Century Fox Film vs Nri Film Production
⌘ Relevant provisions of the Indian Evidence Act, 1872
Associates
as amended by the Information Technology Act –
⌘ Case Law (Adjudicating Oficers & CCA) - Arhan
sections 3, 17, 22A, 34, 35, 39, 47A, 59, 65A, 65B,
67A, 73A, 81, 85A, 85B, 88A, 90A, 131 Technologies Pvt. Ltd, Thomas Raju v ICICI Bank,
Sourabh Jain v ICICI Bank and Idea Cellular Ltd.,
⌘ Relevant provisions of the Bankers’ Books Evidence
Rohit Maheshwari v Vodafone & others, Sanjay Govind
Act, 1891 as amended by the Information Technology
Dhande & others v ICICI
Act - sections 2, 2A
Bank & others, Umashankar Sivasubramanian v ICICI
⌘ Relevant provisions of the Information Technology
Bank & others, CCA order in the matter of Yahoo
Act – section 79A - Examiner of Electronic Evidence
India.
⌘ Case Law - Amitabh Bagchivs EnaBagchi, 2004 Ark
Shipping Co. Ltd. Vs Grt Ship management Pvt. Ltd.,
1.43 Cyber Crimes – Law, Investigation
Bodala Murali Krishna vs Smt. Bodala Prathima,
& Adjudication
Dharambirvs Central Bureau Of Investigation, Jagjit
1. Offences under the Information Technology Act:
Singh vs State Of Haryana &Ors, KN Govind acharya
Computer related offences (section 43 and 66),
v Union of India & others, State vs Mohd. Afzal and
Computer source code related offences (section 43 and
Ors. State Bank of India vs Rizvi Exports Ltd., State
65),
(N.C.T. Of Delhi) vs Navjot Sandhu @ Afsan Guru,

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Failure to protect data (section 43A), Sending Confiscation (section 76), Compounding of offences
offensive messages (section 66A), Dishonestly (section 77A), Bailable & cognizable offences
receiving stolen computer (section 66B), Identity (sections 77A, 77B), Liability of intermediary
Theft (section 66C), Cheating by personation (section (section 79), Abetment (section 84B), Offences by
66D), Violation of privacy (section 66E), Cyber companies (section 85), Blocking of websites.
Terrorism (section 66F), Transmitting obscene 4. Adjudication issues: 45, 46, 47, Chapter 10 and
electronic material (section 67), Electronic material Information Technology (Qualification and
containing sexually explicit act (section 67A), Child experience of Adjudicating Officers and Manner of
Pornography (section 67B), Preservation and retentionHolding Enquiry) Rules, 2003.
of information by intermediaries (section 67C),
5. Documentation Issues: First Information Report,
Power of the Controller to give directions. (section
Property Search & Seizure Form, Final Form/ Report,
68), Interception or monitoring or decryption of any
Relevant checklists, relevant reports. Rehabilitation
information (section 69), Blocking of information for
public access (section 69A), Monitoring and
1.44 Misuse of technology
collecting traffic data (section 69B), Protected System
(section 70), Indian Computer Emergency Response Any data which is transferred online is subject to the
Team (section 70B), Penalty for misrepresentation risk of being intercepted and misused. Encrypting
(section 71), Breach of confidentiality and privacy data before transferring it over the internet will go a
(section 72), Disclosure of information in breach of long way in safeguarding against such interception.
lawful contract (section 72A), Publishing false Even though the data may be intercepted it would be
Electronic Signature Certificate of no use unless it is decrypted. If encryption of data
(section 73), Publication for fraudulent purpose is adopted by all entities providing services through
(section 74). the internet then it would extremely helpful in
2. Investigation issues: Power to investigate offence protecting the customers privacy and also in
(section 28, 78), Power of police officer (section 80). protection of all other data. At present, the data
encryption standards imposed on different categories
3. Related issues: Extradition Issues (section 75),
of online service providers are not uniform.
 investigate, secondly, the analysis,
1.45 Computer Forensics Introduction to Cyber Crimes

Computer forensics can be categorized in two

categories: firstly, the discovery, recovery,
Notes
preservation and control of electronic data has been

Self Learning Material 55

Cyber Crime and Law Notes proceedings. The collection of electronic evidence must
be followed with five basic rules as follows:
⌘ First one is admissibility which is the most basic rule
to be followed in court of law.
verification and presentation of e-evidence has been ⌘ Evidence should be authentic, if it should not tie with
done and present in court of law for further
the incident positively, then it should be difficult to
prove anything with the use of that evidence. ⌘ It should
be complete and reliable. Since, an evidence collection
and analysis procedures must not cast doubt on the
authenticity of the evidences. ⌘ Lastly, the evidence
which is presented in front of jury should be
understandable and believable.
While, if it should be followed with general procedure
of collecting and analyzing evidence. Then there are
four step procedures which an official have to be
followed during the time of investigation i.e.
identification of evidence, preservation of evidence,
analysis of evidence and finally presentation of
evidence. However, if we deal with the collection
procedure of digital or electronic evidence then in this
situation an official follows such steps i.e.

Fig. Collection Steps

Although, the major step followed for controlling the

contamination of evidences is the chain of custody
where the data once collected, then it should get
protected from contamination. Because during forensic
examination originals should not be used only verified
duplicates should be used. A good way of ensuring the
Find the Evidence data to be uncorrupted
is to keep a Chain of Custody which is a detailed list of
what was done with the original copies once they were
Find the relevant data Create an order of volatility collected. The chain of custody follows step by step
procedure in which officials are categorized in different
categories.
remove external collect the document avenues of Digital evidence is consider as all the digital or
change evidence everything electronic sources which can be gather during
investigation and contains any type of information in it
which may be
56 Self Learning Material
used as evidence in that particular case. Meanwhile, it
⌘ Collect instruction manuals, documents and notes.
is a part of computer forensics where some special
⌘ Prepare the documentation of all steps involved in
techniques have been use for preserving,
the seizure of a computer.
identification, analysis, examination, authentication,
interpretation and documentation of digital 2. Home Networked system

information. Computer forensics is a mandatory ⌘ Unplug power to router or modem.

process in the field of investigation where digital ⌘ Rest of the procedure is same as above.
evidence should be gathered and processed in the 3. Business Network
court of law. However, the preservation of digital ⌘ A computer specialist should be consulted in case of
evidence must be fall under some categories, as it preserving business servers.
depends on the type and place of crime. Like if crime
⌘ A team has to secure the scene and prevent handling
happens in any business organization/firm then some
of any networking devices except professional.
other steps have been followed by investigation team
⌘ Because in these matters in anyone pull out the plug
for preserving of digital evidence, while if it happens
then it may cause damage to the system or loss of
in any other destination then different steps should be
data.
following. Else in the process of preservation of
digital evidences different types of risks may occur 4. Storage Media

and to combating them an investigation team should ⌘ Used to store data from electronic devices.
be prepared with mitigation practices. Let us discuss ⌘ Keep away from magnets, radio transmitters and
the following categories with preservation steps: other potentially damaging devices.

1. Stand-alone home computer Introduction to Cyber Crimes

⌘ Don’t try an attempt to use computer.

⌘ Photograph it from front and back side. Notes
⌘ Unplug all power cords.
⌘ Seize additional storage media.
 Self Learning Material 57
∙ Keep device charged.
⌘ If
the device is ―‘on’, leave it on because if it is
powered down then the device
Cyber Crime and Law Notes
∙ Seize additional storage media.

∙ If the device is ―on‖, leave it on

because if it is powered down then
the device could enable password.
5. Personal Digital Assistances
 could enable password.
⌘ Keep device charged. Fig. 1.1: Seizure Form
⌘ Seize additional storage media.

218

58 Self Learning Material

Fig. Seizure Form
 and chain of
custody form Fig. 1.2: Evidence
collection and chain of custody form

Introduction to Cyber Crimes

Notes

Fig. Evidence collection

 Where This Article Found vidence

Date

Article
Cyber Crime and Law Notes

Investigating Officer Item Nos.

E 1.46 Legal Scenario
Information and communication systems are becoming

Fig. 1.3: Sticker of Evidence popular platform in the grounds for collecting
electronic-evidence in processes like investigations,
Fig. Sticker of Evidence audits, or litigation. Since, court can also proceed with
e-evidence or ask for such evidences by the
investigating authority that can perform these tasks.
Such authorities acquire all e-records includes
219 telephone logs, e-mail and instant messaging which are
to be preserved carefully. Since, the content and
preservation of e-records will be a subject which causes
different problems in litigation and investigation
exercises under some new legislation which has been
Self Learning Material 59 opted by government of different countries for
preserving digital evidences or e-records. In any
investigation process of digital evidence consent of
 legal advisor must be necessary who guide the officials some provisions of these acts. Although, nowadays
with rules and regulations. This may be done because many countries are going to opt or follow international
there are many agencies who indicate themselves that standard of ISO/IEC 27037 which deals with
they have power or legal authority for gathering of information technology- security techniques- guidelines
digital evidence. While, some of them use their powers, for identification, collection, acquisition, and
acquire search warrant or court order for seizing preservation of digital evidence.
evidence because in many countries there is not a single
explicit legal provision in their national law. 1.47 Flaws in Current Scenario
US opt various acts and rules for preservation of The investigation and preservation of digital evidence is
e-records such as Sarbanes-Oxley Act (SOX) which much vast in itself. Although, government has been
was signed in 2002 where data retention and facing different problems in solving the case related to
preservation issues were arises, Federal Rules of Civil cyber world. This happens because officials didn’t
Procedure (1970) which deals with all types of conducts
consist of least knowledge about technologies which
and activities, another is Federal Rules of Discovery
are eroded day by day and replacing the old one. In
which has been assign the duty for preserving the
current setup where cybercrime affect the nation and in
documents. However, if we concentrate in Indian
this situation investigation process is facing number of
scenario then we came to know that there are very few
problems from its officials. Because of lack of technical
rules or regulations followed by Indian government in
knowledge, didn’t aware of forensics
preserving digital or electronic evidences i.e.
process, haven’t any idea of rules and regulation and
Information Technology Act, 2000 and Indian Penal
many other.
Code (1860). Where not a single section deals with
preservation of digital evidences but co-relates with

60 Self Learning Material

However, cyber cells are developing in each state or balance between privacy rights and necessary
city for combating these cybercrimes but still the criminal investigation. It is particularly problematic
officials consists lack of knowledge. This is because with respect to computer crimes, since serious
the government didn’t provide a chance to youngster’snational security issues can arise when computers are
who have that much of skills and are qualified misused.
professionals, as they promote their staff on the basis
of deputation like the constable of a police station 1.49 Summary
now become a typist in cyber cell. If such things
The boundaries of cybercrimes, actually, are not so
happen then it cause delay in the process of solving
clear. For example, if someone uses high-tech
cybercrime. To get rid away from this an official
hacking into a computer or server, getting something
must now about search and seizure process, chain of
valuable, it's hard to say it must be a “theft” in tool
custody, management of documentation, and also
cybercrime or a “hacking” in target cybercrime. So
legalities of searches. Nowadays cyber experts are
why do we still categorize cybercrime? I think we
increasing day by day who support police officials in
can analyze cybercrime better and more efficiently
investigation process.
by this way. Although there are some intersections,
with categorization, we will focus on each part of
1.48 Misuse of Cyber Forensics and
cybercrime respectively and then have a
Investigation
comprehensive concept finally. In following decades,
Computers present new considerations for both
the increasing of computer network and personal
substantive criminal law and criminal procedure. At
computers transformed “computer crime” into real
the heart of many of the questions is the appropriate
cybercrime. Since Internet was invented, people
began to exchange information based on networks of need not worry about the law enforcement agencies
computers, also keep data in computer rather than in the country where they are committing crimes.
paper. At the same time, the cybercrime was not only Computers have become an important part of our lives
restricted in target cybercrime, but expanded into tool and as such are involved in almost everything we do
cybercrime and computer incidental. Cybercrimes from paying bills to booking vacations. However,
have become a real threat today and are quite different computer
from old- school crimes, such as robbing, mugging or Introduction to Cyber Crimes
stealing. Unlike these crimes, cybercrimes can be
committed single handedly and does not require the
physical presence of the criminals. The crimes can be
Notes
committed from a remote location and the criminals
 Self Learning Material 61
Cyber Crime and Law Notes evidence which may be the difference in determining
the outcome of the trail.
India got its first codified Act in the Information
Technology Act, 2000 (IT Act), which fell far short of
systems have also become the mainstay of criminal the Industry’s requirements to meet global standards.
activity. And when the individuals involved are The focus if the IT Act was however recognition of
brought before the courts, innocence or guilt is electronic records and facilitation of e -commerce.
basically decided by testimonies and evidence. Of the Barely ten sections were incorporated in the IT Act to
two areas, evidence is probably the area most key. And deal with Cyber Crime. At the time when the IT Act
when it comes to evidence’ it is the accuracy of that was passed several acts deemed to be illegal in most
 jurisdictions including virus attacks, data theft, illegal process through which a confusion factor occurs less.
access to data / accessing and removal of data without
the consent of the owner, etc., were listed as civil 1.50 Review Questions
penalties under the IT Act. The IT Industry continued
1. 'Why there is a need for cyber law? Explain in detail.
to rely on self – regulation and contractual undertakings
2. Discuss cyber pornography with example.
to appease its global clients, as it had done before the
3. Explain 5 types of cybercrime that are done
passing of the IT Act.
frequently in digital world? 4. What do you mean by
Preservation of digital evidence is a work which needs
cybercrime? Discuss.
lots of effort drawn from the side of every official who
are involve in investigation practice, as because the 5. Discuss the character of cyber criminals.

laws behind these process is much wider and complex. 6. What do you understand by conventional and
Since, officials didn’t contain perfect knowledge of all cybercrime? Explain in detail. 7. Describe some
the process; then in this situation government have to relevant crimes which are not discussed in IT Act,
offer a workshop or session for these officials in which 2000. 8. What are the motives behind cybercrime?
cyber experts share their knowledge and provide with
9. Explain different categories of cybercrime?
latest tactics and standards for solving a case. And
10. Describe cyber stalking and cyber defamation in
government should also show their efforts by brief.
providing country a proper regulations or rules for such

62 Self Learning Material

11. Discuss 5 kinds of cybercrime. evidence.
12. What are the major threats occur in cyber world? 26. How digital evidence is processed in court of law?
13. How cybercrimes are tackling in upcoming 27. What is the difference between computer
scenario?
forensics and cyber forensics? 28. What all are the
14. Explain the concept of cyber forensic tools with
flaws of computer forensics in current scenario?
example?
Discuss.
15. Discuss different phases of cyber forensics.
16. What are the objectives of cyber forensics?
1.51 Further Readings
17. Describe the forensics methodology in digital
world. ⌘ A Survey of Cybercrime by Zhicheng Yang;
18. What are the legal regulations mentioned in cyber retrieved from http://www.cse.
wustl.edu/~jain/cse571-11/ftp/crime
forensics? 19. Explain different types of digital
⌘ Introduction to Indian Cyber Law by Rohas Nagpal,
evidences.
Asian School of Cyber Law; retrieved from
20. What are the practical and technological issues
http://www.cccindia.co/corecentre/Database/Docs/Do
arises during analyzing digital evidences? cFiles/ india_cyber.pdf
21. Discuss the process of extraction and production ⌘ Cross Domain Solutions: Ensuring Complete Data
of digital evidences in court of law. 22. What are the Security; retrieved from
primary offences discussed under IT Act, 2000? 23. http://www.crossdomainsolutions.com/cyber-crime/

How digital evidence described under Information ⌘ Cyber Crimes: Law and Practice; retrieved from

Technology Act, 2000. 24. Discuss the steps of http://www.img.kerala.gov.

in/docs/downloads/cyber%20crimes.pdf
preserving digital evidence.
⌘ Cyber Forensics in India; retrieved from
25. Describe the methods of collecting digital
http://perry4law.org/cfii/ ⌘ Digital Evidence & the
Indian Law by Asian School of Cyber Laws; retrieved
from http://www.asianlaws.org/del.pdf Notes
Introduction to Cyber Crimes

Self Learning Material 63

Cyber Crime and Law

Notes
Offenses Related to
UNIT–2 Information
 Technology 2.8 Accrued Liability and Procedural Law
2.9 Data Protection
2.10 Pre-censorship
2.11 Privacy and Surveillance
2.12 Civil Liability for Corporate
2.13 Adjudication
2.14 Evidences
2.15 Misuse of Technology
2.16 Constitutional Validity of Section 66A of
(Structure) IT Act
2.17 Criminalization of Online Speech and
2.1 Learning Objectives
Social Media 2.18 Recent Cases
2.2 Introduction
2.3 Criminal Liability for Misuse of Information 2.19 Case study: Facebook Arrests
Technology 2.4 Offences & Penalties under the 2.20 Rights vs. Responsibilities
Information Technology Act, 200050 2.5 2.21 Misuse of Social Media and Freedom of

Offences Speech and Expression 2.22 Summary

2.6 Offences under the IT Act 2000 2.23 Review Questions

2.7 Misuse of technology 2.24 Further Readings

64 Self Learning Material

2.1 Learning Objectives with the legal recognition of electronic documents and
that of digital signatures. This Act incorporates a
After studying the chapter, students will be able to:
separate Chapter XI entitled Offences’ to deal with
⌘ Explain the criminal liability for misuse of various cybercrimes and contraventions. This act also
Information Technology; ⌘ Discuss the offences & deals with Justice dispensation systems for various
Penalties under the Information Technology Act, 2004; cybercrimes. The act was widely criticized on various
⌘ Explain the offences under the Information fronts and due this criticism detailed amendments were
brought in the form of IT Amendment Act, 2008. Major
Technology Act, 2004; ⌘ Explain the civil liability
of such amendments were the focus on data privacy
under Information Technology;
and information security. Even though legal recognition
⌘ Discuss the Data Protection; of digital signatures was already included under the
⌘ Explain the pre censorship; original Act of 2000, but the Amendment Act, 2008
⌘ Explain the Adjudication is done; made the digital signature technology-neutral. Along
with, the defining of reasonable security practices to be
⌘ Explain the Constitutional validity of section 66A of
IT Act; followed by the Corporate, the role of intermediaries
was also redefined. Very importantly, the term cyber
⌘ About Criminalization of Online Speech and Social
Media; cafe’ was defined under this Act. Offences like child
pornography and cyber terrorism were also included is
⌘ Explain the Misuse of social media and freedom of
speech. the forms of cybercrimes. Cyber terrorism has been
made a heinous cybercrime under this Act and has been
2.2 Introduction defined in the widest possible terms and made
punishable with imprisonment
The Information Technology Act, 2000 basically deals
which may extend to imprisonment for life and fine.
 data theft’ in this section. This section has further been
An important change that has been brought forth by the
widened in the form of Sections 66A to 66F.
Amendment Act is that the new amendment has
replaced Section 43 with Section 66. Under Section 66 Offenses Related to Information Technology
the Word hacking’ has been removed, but that does not
mean that hacking’ as an offence has been removed;
Notes
instead hacking still remains an offence by the name of

Self Learning Material 65

Cyber Crime and Law Notes 66A deals with the sending of offensive messages
through communication service, and causing
annoyance to any electronic communication, and also
includes the offence of misleading the recipient of the
origin of such messages. Such offences can be punished
 with imprisonment for 3 years or fine. original act to Section 66 of the Amendment Act is
66B deals with dishonestly receiving stolen computers that, that all the offences that were covered under
or other communication device and such a crime can be Section 43 gave rise to civil liability which had its
punished with three years of imprisonment or fine of ss` remedy in either compensation or damages. But under
1 Lakh or both. 66C deals with stealing electronic Section 66 of the Amendment Act if such act is done
signature or identity such as using another persons with criminal intention that is mensrea, then it will
password or electronic signature, such an offence can beattract criminal liability having remedy in imprisonment
punished with three years of imprisonment or fine of ’ or fine
1 lakh or both. Similar is the punishment under section or both. Moreover, under Sections 71, 72, 73 of the
66D for cheating by personating through computer Information Technology Act 2000 some acts or
resource or a communication device. 66E covers the omissions have been made criminally liable with strict
offences relating to privacy violation such as publicly liability e.g. Penalty for breach of confidentiality and
publishing the information about any person’s location privacy, penalty for misrepresentation etc. Section 67 of
without prior permission or consent. 66F is great the original Act dealt with publishing or transmitting
importance as it deals with cyber terrorism. This obscene material in electronic form but the scope of
Section covers a wide range of offences which can be this section was widened by the amendment which
termed as terrorism; Such as, any act denying access to included child pornography under section 67-B and
any authorized person to access the computer in order also the act of retention of records by the
to hamper the unity, integrity, security or sovereignty ofintermediaries. And such offences under section 67-A
the nation. Further, this section also includes the acts of will be punished with conviction of a term up to 3
access to a commuter resource without authorization. It years and fine of ’ 5 lakh and in case it is the second
also covers such acts which can lead to any injury to conviction then conviction will be for five years and
any person or result in damage or destruction of any fine of ’ 10 Lack or both. But for offence under section
property, while trying to contaminate the computer 67-B the provision is for stricter conviction which is for
through any virus like Trojan etc. All the offences that 5 years and fine of ’ 10
are covered under this Section can be punished with Lakh or both in case of first conviction, and the same
life imprisonment. Very importantly, the offences will be increased to 7 years and fine of ’ 10 lakh in case
which are covered under section 66 are cognizable and of second conviction.
non-bailable.
The major transformation from section 43 of the

66 Self Learning Material

Offenses Related to
The ITA has sought to address and improve aspects averted. Another example is that the provisions meant
such as technology neutrality, data protection, phishing to combat spam and phishing end up using the dreaded
and spam, child pornography, the liability of ―annoyance and ―inconvenience terminology
intermediaries and cyber terrorism. While many of with the effect of casting the net of criminality over far
these amendments are a step in the right direction, the more than is appropriate. For example, mailsent with
actual drafting that implements the high level objectives the purpose of causing ―annoyance or―inconvenience
suffers in many respects. For example, the previous (not exactly the worst offence in the offline worl(d)
emphasis on ―digitalsignatures hasshifted to the could put someone behind bars. An important set of
technologically well-intentioned but woefully inadequate provisions are
neutral ―electronic signatures but the changes have not those relating to the protection of data. The absence of
been carried out thoroughly enough to expunge the old a specific law on data protection had, in itself, garnered
concept entirely. The current law is a bit of an abnormal much criticism both within the country as well as in the
document in that it contains elements of both concepts,
context of international transactions and outsourcing.
which some attention to detail could easily have
The old Act offered the feeble protection of a single freedom of expression on Internet is a crucial challenge
provision (section 43) that dealt with unauthorized to address in formulating inclusive information society.
access and damage to data. In an attempt to meet Yesterday, the Supreme Court said that no person
industry demands and international market standards, should be arrested for posting objectionable comments
the ITA introduced two sections that address civil and on social networking sites without taking prior
criminal sanctions. While this exercise understandably permission from senior police officials.
falls far short of a comprehensive law relating to data The apex court, which refused to pass an order for a
(being squeezed into an omnibus piece of technology blanket ban on the arrest of a person for making
related legislation, rather than one geared up only to objectionable comments on websites, said state
deal with data), there was considerable anticipation of governments should ensure strict compliance of the
its role in papering over the existing cracks and provide Centre’s January 9 advisory which said that a person
a workable, if temporary, data protection regime. Social should not be arrested without taking permission from
media offers huge opportunities for freedom of senior police officials. We direct
expression. Individuals are able to see their thoughts
traverse the globe in an instant; news – and its Information Technology Notes

interpretation – is not automatically dependent on the

filtering process of the media, or of government. The
 Self Learning Material 67
Cyber Crime and Law Notes Technology under Information Technology Act,
200049 are as under:

S.No. Sectio Offence De

n Name
the state governments to ensure compliance with the
1. 65 Tampering Inte
guidelines (issued by Centr(e) before making any with des
arrest,’ a bench of justices B S Chauhan and Dipak computer of
Misra said. source cod
document be
2.3 Criminal Liability for misuse of law
Information Technology
Criminal Liability for misuse of Information
 2. 66 Hacking
with
Computer
System 4. 71 Misrepresentat Ma
io n to the mis
Controller or sup
the Certifying ma
Authority Co
Cer
3. 67 Publishing obt
information Dig
which is Cer
obscene in ma
electronic
form

68 Self Learning Material

Offenses Related to
5. 72 Penalty for Anyperson,who,i Imprisonment
breach of n pursuance of any of the for a term
confidentiality powers conferred under which may
and privacy IT Act, has secured extend to 2
access to any electronic years, or with
record, book, register, fine up to
correspondence, 1 lakh Rupees,
information or document or with both.
without the consent of the
person concerned
discloses such electronic
record, book, register,
correspondence,
information, document to
any other person.
6. 73 Publishing Publishing a Digital Imprisonment
Digital Signature Certificate for a term
Signature or otherwise which may
making it available extend to 2
Certificate
to any other years, or with
false in
person with the fine which may
certain
knowledge that the extend to 1
particulars
Certifying Authority lakh Rupees.
listed in the certificate
has not issued it or the
subscriber listed in the
certificate has not
accepted it or the
certificate has been
revoked or suspended,
unless such publication
is for the purpose of
verifying a digital
signature created prior
to such suspension or
revocation.

7. 74 Publication Creation, publication or Imprisonment

for otherwise making for a term
fraudulent available a Digital which may
purpose Signature extend to 2
Certificate for any years, or with
fraudulent or fine up to
unlawful purpose. 1 lakh Rupees,
or with both.

Information Technology

Notes
2.4 Offences & Penalties under the Information Technology Act,
200050
The introduction of the internet has brought the tremendous changes in our lives.
People of all fields are increasingly using the computersto create, transmit and store
information

Self Learning Material 69

Cyber Crime and Law Notes harm others. The high and speedier connectivity to the
world from any place has developed many crimes and
these increased offences led to the need of law for
protection. Some countries have been rather been
in the electronic form instead of the traditional papers, vigilant and formed some laws governing the net. In
documents. Information stored in electronic forms has order to keep in pace with the changing generation, the
many advantages, it is cheaper, easier to store, easier to Indian Parliament passed the law --- Information
retrieve and for speedier to connection. Though it has Technology Act 2000. The IT Act 2000 has been
many advantages, it has been misused by many people conceptualized on the United Nations Commissions on
in order to gain themselves or for sake or otherwise to International Trade Law (UNCITRAL) Model Law.
 The increase rate of technology in computers has led to 3. Virus/worms attack
enactment of Information Technology Act 2000. The 4. Theft of computer system
converting of the paper work into electronic records,
5. Hacking
the storage of the electronic data, has led tremendous
6. Denial of attacks
changed the scenario of the country. The Act further
amends the Indian Penal Code, 1860, The Evidence 7. Logic bombs

Act, 1872, The Banker’s Book’s Evidence Act, 1891 8. Trojan attacks
and The Reserve Bank of India Act, 1934. 9. Internet time theft
10. Web jacking
2.5 Offences 11. Email bombing
Cyber offences are the unlawful acts which are carried 12. Salami attacks
in a very sophisticated manner in which either the 13. Physically damaging computer system
computer is the tool or target or both. Cybercrime The offences included in the IT Act 2000 are as
usually includes: 1. Unauthorized access of the follows:
computers 1. Tampering with the computer source documents.
2. Data diddling 2. Hacking with computer system.

70 Self Learning Material

3. Publishing of information which is obscene in for the being time in force, shall be punishable with
electronic form. 4. Power of Controller to give imprisonment up to three year, or with fine which may
directions extend up to two lakh rupees, or with both.

5. Directions of Controller to a subscriber to extend Explanation: For the purpose of this section computer
source code’ means the listing of programmes,
facilities to decrypt information 6. Protected system
computer commands, design and layout and programme
7. Penalty for misrepresentation
analysis of computer resource in any form.
8. Penalty for breach of confidentiality and privacy
Object: The object of the section is to protect the
9. Penalty for publishing Digital Signature Certificate intellectual property’ invested in the computer. It is an
false in certain particulars 10. Publication for fraudulent attempt to protect the computer source documents
purpose (codes) beyond what is available under the Copyright
11. Act to apply for offence or contravention committed Law.
outside India 12. Confiscation Essential Ingredients of the Section
13. Penalties or confiscation not to interfere with other 1. Knowingly or intentionally concealing,
punishments. 14. Power to investigate offences. 2. Knowingly or intentionally destroying,
3. Knowingly or intentionally altering,
2.6 Offences under the IT Act 2000
4. Knowingly or intentionally causing others to conceal,

5.4.1 Section 65: Tampering with Computer 5. Knowingly or intentionally causing another to
Source Documents destroy,

Whoever knowingly or intentionally conceals, destroys 6. Knowingly or intentionally causing another to alter.
Offenses Related to Information Technology
or alters or intentionally or knowingly causes another
to conceal, destroy or alter any computer source code
used for a computer, computer programme, computer Notes
system or computer network, when the computer
source code is required to be kept or maintained by law
 Self Learning Material 71
Cyber Crime and Law Notes Fine: Two lakh rupees.
Case Laws
(i) Frios v/s State of Kerala
Facts: In this case it was declared that the FRIENDS
This section extends towards the Copyright Act and
application software as protected system. The author of
helps the companies to protect their source code of
the application challenged the notification and the
their programmes.
constitutional validity of software under Section 70.
Penalties: Section 65 is tried by any magistrate.
The court upheld the validity of both.
This is cognizable and non-bailable offence.
It included tampering with source code. Computer
Penalties: Imprisonment up to 3 years and / or source code the electronic form, it can be printed on
 paper. prosecution. The accused argued that computers and
Held: The court held that tampering with Source code evidence can easily be tampered and hence should not
are punishable with three years jail and or two lakh be relied.
rupees fine of rupees two lakh rupees for altering, In Parliament case several smart device storage disks
concealing and destroying the source code. and devices, a Laptop were recovered from the truck
(ii) Syed Asifuddin Case intercepted at Srinagar pursuant to information given by
Facts: In this case the Tata Indicom employees were two suspects. The laptop included the evidence of fake
arrested for manipulation of the electronic 32- bit identity cards, video files containing clips of the
number (ESN) programmed into cell phones theft were political leaders with the background of Parliament in
exclusively franchised to Reliance Infocom. the background shot from T.V news channels. In this
case design of Ministry of Home Affairs car sticker,
Held: Court held that Tampering with source code
there was game wolf pack’ with user name of ―Ashiq.
invokes Section 65 of the Information Technology Act.
There was the name in one of the fake identity cards
(iii) Parliament Attack Case
used by the terrorist. No back up was taken therefore it
Facts: In this case several terrorist attacked on 13 was challenged in the Court.
December, 2001 Parliament House: In this the Digital
evidence played an important role during their

72 Self Learning Material

Held: Challenges to the accuracy of computer evidence
Penalties: Punishment: Imprisoned up to three years
should be established by the challenger. Mere and Fine: This may extend up to two lakh rupees or
theoretical and generic doubts cannot be cast on the with both. Case Laws:
evidence.
1. R v/s Gold & Schifreen
Section66: Hacking with the Computer System In this case it is observed that the accused gained
1. Whoever with the intent to cause or knowing that he access to the British telecom Prestly Gold computers
is likely to cause wrongful loss or damage to the public networks file amount to dishonest trick and not criminal
or any person destroys or deletes or alters any offence.
information residing in a computer resource or 2. R v/s Whiteley.
diminishes its value or utility or affects it injuriously by In this case the accused gained unauthorized access to
any means, commits hacking. the Joint Academic Network (JANET) and deleted,
2. Whoever commits hacking shall be punished with added files and changed the passwords to deny access to
imprisonment up to three years, or with fine which may the authorized users.
extend up to two lakh rupees, or with both. The perspective of the section is not merely protect the
Explanation: The section tells about the hacking information but to protect the integrity and security of
activity. computer resources from attacks by unauthorized
person seeking to enter such resource, whatever may be
Essential ingredients of the section: the intention or motive.
1. Whoever with intention or knowledge.
Cases Reported In India
2. Causing wrongful loss or damage to the public or any
person. Official website of Maharashtra government hacked.
3. Destroying or altering any information residing in a The official website of the government of Maharashtra
computer resource. 4. Or diminishes its value or utility was hacked by Hackers Cool Al- Jazeera, and claimed
them they were from Saudi Arabia.
or.
Offenses Related to Information Technology
5. Affects it injuriously by any means.
Notes

Self Learning Material 73

Cyber Crime and Law Notes lascivious or appeals to the prurient interest or if its
effect is such as to tend to deprave and corrupt persons
who are likely, having regard to all relevant
circumstance, to read see or hear the matter contained
Section 67: Publishing of obscene information in or embodied in it, shall be punished on first conviction
electronic form with imprisonment of either description for a term

Whoever publishes or transmits or causes to be which may extend to five years and with fine which
published in the electronic form, any material which is may extend to one lakh rupees and in the event of a
 second or subsequent conviction with imprisonment of These postings resulted in annoying phone calls to the
either description for a term which may extend to ten lady. Based on the complaint police nabbed the
years and also with fine which may extend to two lakh accused. He was a known family friend of the victim
rupees. and was interested in marrying her. She married to
Essential ingredients of this section: another person, but that marriage ended in divorce and

Publishing or transmitting, or causing to be published, the accused started contacting her once again. And her
pornographic material in electronic form. reluctance to marry him he started harassing her

Penalties: Punishment: through internet.

On first conviction- imprisonment which may extend up Held: The accused is found guilty of offences under
to five years. Fine: up to on first conviction which may section 469, 509 IPC and 67 of IT Act 2000 and the
extend to one lakh rupees. On second conviction- accused is convicted and is sentenced for the offence to
imprisonment up to which may extend to ten years and undergo RI for 2 years under 469 IPC and to pay fine of
Fine which may extend up to two lakh rupees. ` 500/-and for the offence u/s 509 IPC sentenced to
undergo 1 year Simple imprisonment and to pay fine of
Case Laws ` 500/- and for the offence u/s 67 of IT Act 2000 to
1. The State of Tamil Nadu v/s Suhas Katti. undergo RI for 2 years and to pay fine of ` 4000/- All
Facts: This case is about posting obscene, defamatory sentences to run concurrently.
and annoying message about a divorcee woman in the The accused paid fine amount and he was lodged at
Yahoo message group. E-mails were forwarded to the Central Prison, Chennai. This is considered the first
victim for information by the accused through a false e- case convicted under section 67 of Information
mail account opened by him in the name of the victim. Technology Act 2000 in India.

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In a recent case, a groom's family received numerous there is apprehension that he had destroyed the mobile
emails containing defamatory information about the phone that he used in the episode. These offences invite
prospective bride. Fortunately, they did not believe the a stiff penalty, namely, imprisonment ranging from two
emails and chose to take the matter to the police. The to five years, in the case of a first time conviction,
sender of the emails turned out to be the girl's and/or fines.
step-father, who did not want the girl to get married, as Held: In this case the Service provider Avnish Bajaj
he would have lost control over her property, of which was later acquitted and the Delhi school boy was
he was the legal guardian. granted bail by Juvenile Justice Board and was taken
2. Avnish Bajaj (CEO of bazzee.com – now a part of the into police charge and detained into Observation Home
eBay group of companies) case. for two days.
Facts: There were three accused first is the Delhi 3. DASKHINAKannada police have solved the first
school boy and IIT Kharagpur Ravi Raj and the service case of cyber crime in the district. A press release by
provider Avnish Bajaj. Dakshina Kannada Police said here on Saturday that a
The law on the subject is very clear. The sections Father at a Christian institution in the city had
slapped on the three accused were Section 292 (sale, approached the Superintendent of Police with a
distribution, public exhibition, etc., of an obscene complaint that he was getting offensive and obscene
object) and Section 294 (obscene acts, songs, etc., in a e-mails.
public plac(e) of the Indian Penal Code (IPC), and
Police said that all the three admitted that they had done
Section 67 (publishing information which is obscene in
this to tarnish the image of the Father. As the three
electronic form) of the Information Technology Act
tendered an unconditional apology to the Father and
2000. In addition, the schoolboy faces a charge under
gave a written undertaking that they would not repeat
Section 201 of the IPC (destruction of evidence), for
such act in future, the complainant withdrew his Authority or any employee of such Authority to take
complaint. Following this, the police dropped the such measures or cease carrying on such activities as
charges against the culprit. specified in the order if those are necessary to ensure
The release said that sending of offensive and obscene compliance with the provisions of this Act, rules or any
e-mails is an offence under the Indian Information regulations made there under.
Technology Act 2000. If the charges are framed. Offenses Related to Information Technology

Section 68: Power of Controller to give

Directions Notes
⌘ The Controller may, by order, direct a Certifying

Self Learning Material 75

 Cyber Crime and Law Notes writing, by order, direct any agency of the Government
to intercept any information transmitted through any
computer resource.
2. The subscriber or any person in charge of the
⌘ Any person who fails to comply with any order under computer resource shall, when called upon by any
sub-section (1) shall be guilty of an offence and shall agency which has been directed under sub-section (1),
be liable on conviction to imprisonment for a term not extend all facilities and technical assistance to decrypt
exceeding three years or to a fine not exceeding two the information.
lakh rupees or to both. 3. The subscriber or any person who fails to assist the
Explanation: Any person who fails to comply with any agency referred to in sub section (2) shall be punished
order under sub section (1) of the above section, shall with an imprisonment for a term which may extend to
be guilty of an offence and shall be convicted for a term seven years.
not less than three years or to a fine exceeding two lakh Penalties: Punishment: imprisonment for a term which
rupees or to both. The under this section is non-bailable may extend to seven years. The offence is cognizable
& cognizable. and non- bailable.
Penalties:
Section 70: Protected System
Punishment: imprisonment up to a term not exceeding
⌘ The appropriate Government may, by notification in
three years Fine: not exceeding two lakh rupees.
the Official Gazette, declare that any computer,
Section 69: Directions of Controller to a computer system or computer network to be a protected
Subscriber to Extend Facilities to Decrypt system.
Information
⌘ The appropriate Government may, by order in
1. If the Controller is satisfied that it is necessary or writing, authorize the persons who are authorized to
expedient so to do in the interest of the sovereignty or access protected systems notified under sub-section (1).
integrity of India, the security of the State, friendly ⌘ Any person who secures access or attempts to secure
relations with foreign States or public order or for
access to a protected system in contravention of the
preventing incitement to the commission of any
provision of this section shall be punished with
cognizable offence; for reasons to be recorded in

76 Self Learning Material

imprisonment of either description for a term which years, or which fine which may extend to one lakh
may extend to ten years and shall also be liable to fine. rupees, or with both. Penalties:
Explanation: This section grants the power to the Punishment: imprisonment which may extend to two
appropriate government to declare any computer, years

computer system or computer network, to be a protectedFine: may extend to one lakh rupees or with both.
system. Only authorized person has the right to access Section 72: Penalty for Breach of
to protected system. Penalties: Punishment: the Confidentiality and Privacy
imprisonment which may extend to ten years and fine. Save as otherwise provide in this Act or any other law
for the time being in force, any person who, in
Section 71: Penalty for Misrepresentation
pursuance of any of the powers conferred under this
Whoever makes any misrepresentation to, or suppresses
Act, rules or regulation made there under, has secured
any material fact from, the Controller or the Certifying
access to any electronic record, book, register,
Authority for obtaining any license or Digital Signature
correspondence, information, document or other
Certificate, asthe case may be,shall be punished with
material without the consent of the person concerned
imprisonment for a term which may extend to two
discloses such material to any other person shall be disclosure of personal information of a person by a
punished with imprisonment for a term which may website, by his email service provider.
extend to two years, or with fine which may extend to Penalties:
one lakh rupees, or with both.
Punishment: term which may extend to two years.
Explanation: This section relates to any to any person Fine: one lakh rupees or with both.
who in pursuance of any of the powers conferred by the
Act or it allied rules and regulations has secured access Section 73: Penalty for publishing Digital
to any: Electronic record, books, register, Signature Certificate false in certain particulars
correspondence, information, document, or other Offenses Related to Information Technology
material.
If such person discloses such information, he will be
punished with punished. It would not apply to Notes
 Self Learning Material 77
Cyber Crime and Law Notes ⌘ The certificate has been revoked or suspended, unless

such publication is for the purpose of verifying a digital

signature created prior to such suspension or
revocation.
1. No person shall publish a Digital Signature 2. Any person who contravenes the provisions of
Certificate or otherwise make it available to any other sub-section (1) shall be punished with imprisonment
person with the knowledge that for a term which may extend to two years, or with fine
⌘ The Certifying Authority listed in the certificate has which may extend to one lakh rupees, or with both.
not issued it; or ⌘ The subscriber listed in the certificate Explanation: The Certifying Authority listed in the
has not accepted it; or certificate has not issued it or, The subscriber listed in
 the certificate has not accepted it or the certificate has
In this case the publication has been stated that
been revoked or suspended. ―publication means dissemination and circulation. In
The Certifying authority may also suspend the Digital the context of digital medium, the term publication
Signature Certificate if it is of the opinion that the includes and transmission of information or data in
digitalsignature certificate should be suspended in electronic form.
public interest. A digital signature may not be revoked
Section 74: Publication for fraudulent purpose
unless the subscriber has been given opportunity of
being heard in the matter. On revocation the Certifying Whoever knowingly creates publishes or otherwise
Authority need to communicate the same with the makes available a Digital Signature Certificate for any
fraudulent or unlawful purpose shall be punished with
subscriber. Such publication is not an offence it is the
imprisonment for a term which may extend to two
purpose of verifying a digital signature created prior to
years, or with fine which extend to one lakh rupees, or
such suspension or revocation. Penalties:
with both.
Punishment: imprisonment of a term of which may
Explanation: This section prescribes punishment for
extend to two years. Fine: fine may extend to 1 lakh
the following acts: Knowingly creating a digital
rupees or with both
signature certificate for any
Case Laws:
⌘ Fraudulent purpose or,
Bennett Coleman & Co. v/s Union of India.

78 Self Learning Material

⌘ Unlawful purpose. Explanation: This section has broader perspective
Knowingly publishing a digital signature certificate for including cybercrime, committed by cyber criminals, of
any
any nationality, any territoriality. Case Laws: R v/s
⌘ Fraudulent purpose or
Governor of Brixton prison and another.
⌘ Unlawful purpose
Facts: In this case the Citibank faced the wrath of a
Knowingly making available a digital signature hacker on its cash management system, resulting in
certificate for any ⌘ Fraudulent purpose or illegal transfer of funds from customers account in to
⌘ Unlawful purpose. the accounts of the hacker, later identified as Vladimir

Penalties: Levin and his accomplices. After Levin was arrested he

was extradite to the United States. One of the most
Punishment: imprisonment for a term up to two years.
Fine: up to one lakh or both. important issues was jurisdictional issue, the ―place of
origin of the cybercrime.
Section 75: Act to apply for offence or
contravention Held: The Court held that the real- time nature of the
communication link between Levin and Citibank
committed outside India
computer meant that Levin’s keystrokes were actually
1. Subject to the provisions of sub-section (2), the
occurring on the Citibank computer.
provisions of this Act shall apply also to any offence or
contravention committed outside India by any person It is thus important that in order to resolve the disputes

irrespective of his nationality. related to jurisdiction, the issue of territoriality and

nationality must be placed by a much broader criteria
2. For the purposes of sub-section (1), this Act shall
embracing principles of reasonableness and fairness to
apply to an offence or Contravention committed outside
accommodate overlapping or conflicting interests of
India by any person if the act or conduct constituting
states, in spirit of universal jurisdiction.
the offence or contravention involves a computer,
Offenses Related to Information Technology
computer system or computer network located in India.
Notes

Self Learning Material 79

Cyber Crime and Law Notes rules, orders or regulations made there under has been
or is being contravened, shall be liable to confiscation :
Provided that where it is established to the satisfaction
of the court adjudicating the confiscation that the
Section 76: Confiscation person in whose possession, power or control of any

Any computer, computer system, floppies, compact such computer, computersystem, floppies, compact
disks, tape drives or any other accessories related disks, tape drives or any other accessories relating
thereto, in respect of which any provisions of this Act, thereto is found is not responsible for the contravention
 of the provisions of this Act, rules orders or regulations Explanation: The aforesaid section lays down a
made there under, the court may, instead of making an mandatory condition, which states the Penalties or
order for confiscation of such computer, computer confiscation not to interfere with other punishments to
system, floppies, compact disks, tape drives or any which the person affected thereby is liable under any
other accessories related thereto, make such other order other law for the time being in force.
authorized by this Act against the person contravening
of the provisions of this Act, rules, orders or Section 78: Power to investigate offences
regulations made there under as it may think fit. Notwithstanding anything contained in the Code of
Explanation: The aforesaid section highlights that all Criminal Procedure, 1973, a police officer not below
devices whether computer, computersystem, floppies, the rank of Deputy Superintendent of Police shall
compact disks, tape drives or any otherstorage, investigate any offence under this Act.
communication, input or output device which helped in Explanation: The police officer not below the rank of
the contravention of any provision of this Act, rules, Deputy Superintendent of police shall investigate the
orders, or regulations made under there under liable to offence.
be confiscated. Conclusion: Due to the increase in the digital
technology various offences has also increased. Since
Section 77: Penalties or confiscation not to
interfere with other punishments new-new technology come every day, the offences has
also increased therefore the IT Act 2000 need to be
No penalty imposed or confiscation made under this
amended in order to include those offences which are
Act shall prevent the imposition of any other
now not included in the Act.
punishment to which the person affected thereby is
liable under any other law for the time being in force.

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