Let's see what Cybercrime is
- Part 1 -

TamoChou *

I might not be the right person to write on the topic as I handle Networks and Servers but I think it is the need of the time so let's see what Cybercrime is "Any crime which is done through any telecommunication technology or devices such as computer, phone, PDA etc., where either the device used as subject or object." .Cybercrime is growing day by day, some of the cybercrime target persons, property, Government/Organization or society at large.

With the emergence of technology, misuse of technology has increased in number to regulate the criminal activity, law come to India as Information Technology Act 2000 in 2000 and a major amendment was made on it as Information Technology (Amendment) Act 2008 in 2009.

At present harassing using email / social sites / messaging apps are common i.e. Facebook, twitter, whatsapp, viber etc.

So let's see what the crime are in cyber space and the penalty if someone convicted.

In Section 65 of IT act : Tampering with computer source documents.

If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.

Is be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

In Section 66 of IT act : Hacking with computer system.

Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.
(E.g. anyone who hack into a computer system without owner's permission.)

Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Section 66A has removed as On 24 March 2015, the Supreme Court of India, gave the verdict that Section 66A is unconstitutional in the Shreya Singhal v. Union of India case.

In Section 66B of IT Act: Receiving stolen computer or communication device

Whoever dishonestly receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen. (E.g. If a mobile phone is stolen by a person or a computer or any other communication device)
Is be punishable with imprisonment up to three years, or with fine which may extend up to one lakh rupees, or with both.

In Section 66C of IT Act : Identity Thief

Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any person. (If a person try to pretends to be someone else by assuming that person's identity, usually as a method to gain access to resources or obtain credit and other benefits in that person's name e.g. access to someone mail or Facebook account without the users concern)
Is be punishable with imprisonment up to three years, or with fine which may extend up to one lakh rupees.

In Section 66D of IT Act : Cheating using computer resource

Whoever, by means of communication device or computer resources cheats by personation.
(E.g. phishing someone to know the password. Phishing mean - The luring of an internet user to reveal personal details like passwords and credit card information on a fake web page.)
Is be punishable with imprisonment up to three years, or with fine which may extend up to one lakh rupees.

In Section 66E of IT Act : Violation of privacy

Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person.

Here "transmit" means to electronically send a visual image with the intent that it be viewed by a person or persons, "capture", with respect to an image, means to videotape, photograph, film or record by any means, "private area" means the naked or undergarment clad genitals, pubic area, buttocks or female breast, "publishes" means reproduction in the printed or electronic form and making it available for public.
(E.g. anyone who capture and publish a nude picture in a website without permission)
Is be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

In Section 66F of IT Act : Cyber Terrorism

Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people.

Knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.
(E.g. DOS or DDOS attack to a Govt. Website or attempting to penetrate or access a computer resource without authorisation or exceeding authorized access.)
Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.

In Section 67 of IT Act : Publishing information which is obscene in electronic form

Whoever publishes or transmits or causes to be published in the electronic form, any material which is 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 circumstances, to read, see or hear the matter contained or embodied in it.
(E.g. A fake profile of a person is created on a social networking site with the correct address, residential information or contact details but he/she is labelled as 'prostitute' or a person of 'loose character'.)
Is be punishable with imprisonment up to five years, or with fine which may extend up to ten lakh rupees, or with both.

In Section 67A of IT Act : Publishing or transmitting of material containing sexually explicit act.

Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct.
(E.g. publishing or transmitting nude photo.)
Is be punishable with imprisonment up to seven years, or with fine which may extend up to ten lakh rupees, or with both.

To be continued.....