Sociology Project on Cyber Crimes and Social Security

Submitted in partial fulfillment of B.A.LLB Ist Semester November, 2011

Submitted to:

Submitted by :-

Sociology Project on Cyber Crimes and Social Security

Submitted in partial fulfillment of B.A.LLB Ist Semester November, 2011 Submitted to:

Submitted by :-

ACKNOWLEDGEMENT

We are very grateful to our respected mentor Ms. Jasleen Kewlani for her efficient guidance while we continue our walk towards enlightenment. We also thank her for providing us with complete creative and intellectual freedom. Working on the project became all the more exciting due to the existence of creative independence. We lie indebted to her. We also thank God for being with us and taking care of us. Without his guidance we wouldnt have been physically fit to complete this study. We also want to thank the library staff for their ample of support in guiding us to the books we wanted. Last but not the least we thank our parents who gave us a chance to study in this esteemed university, a paradise for legal edification. No work is complete with solo endeavour, neither is ours. We thank each and every non-teaching staff of RGNUL for their unconditional support as and when needed.

Table of Contents
Chapter 1- Introduction 11 12 13 Historical Background of Cyber Crime and Social Security Definitions The project: An overview

Chapter 2- Social Security and its facets 21 2.2 22 23 What is Social Security? Social security in India Factors affecting Social Security Threat of Cyber Crimes on Social Security

Chapter 3- Societal impact of Cyber Crime 31 32 33 34 On Commerce On Social Networking On Women On Inter-governmental relations

Chapter 4- Cyber Laws in India with a special reference to the Information Technology Act, 2005 41 42 43 IT Acts: World Development of Legislation Shortcomings of IT Act, 2005

44

Arguments for development of Legislation over the years

Chapter 5- Conclusion 51 Remedial measures

Chapter-1 Introduction 1.1 Historical background

In the early decades of modern information technology (IT), computer crimes were largely committed by individual disgruntled and dishonest employees. Physical damage to computer systems was a prominent threat until the 1980s. Criminals often used authorized access to subvert security systems as they modified data for financial gain or destroyed data for revenge. Early attacks on telecommunications systems in the 1960s led to subversion of the long-distance phone systems for amusement and for theft of services.[1] As telecommunications technology spread throughout the IT world, hobbyists with criminal tendencies learned to penetrate systems and networks. Programmers in the 1980s began writing malicious software, including self-replicating programs, to interfere with personal computers. As the Internet increased access to increasing numbers of systems worldwide, criminals used unauthorized access to poorly protected systems for vandalism, political action and financial gain.[2] As the 1990s progressed, financial crime using penetration and subversion of computer systems increased. The types of malware shifted during the 1990s, taking advantage of new vulnerabilities and dying out as operating systems were strengthened, only to succumb to new attack vectors. Illegitimate applications of e-mail grew rapidly from the mid-1990s onward, generating torrents of unsolicited commercial and

fraudulent e-mail. In 1960-1970 Early computer crimes often involved physical damage to computer systems and subversion of the long-distance telephone networks. In February 1969, the largest student riot in Canada was set off when police were called in to put an end to a student occupation of several floors of the Hall Building. The students had been protesting against a professor accused of racism, and when the police came in, a fire broke out and computer data and university property were destroyed. The damages totalled $2 million, and 97 people were arrested.[3] Thomas Whiteside cataloged a litany of early physical attacks on computer systems in the 1960s and 1970s. In 1968, Olympia, WA: an IBM 1401 in the state is shot twice by a pistol toting intruder. In 1970, University ofWisconsin: bomb kills one and injures three people and destroys $16 million of computer data stored on site. In 1970, Fresno State College: Molotov cocktail causes $1 million damage to computer system. In 1970, New York University: radical students place fire-bombs on top of Atomic Energy Commission computer in attempt to free a jailed Black Panther.[4] In 1972, Johannesburg, South Africa: municipal computer dented by four bullets fired through a window In 1972, New York: magnetic core in. Honeywell computer attacked by someone with a sharp instrument, causing $589,000 of damage. In 1973, Melbourne, Australia: antiwar protesters shoot American firms computer with double-barreled shotgun.In 1974, Charlotte, NC: Charlotte Liberty Mutual Life Insurance Company computer shot by a frustrated operator.[5] The incidents of physical abuse of computer systems did not stop as other forms of computer crime increased. For example, in 2001, NewsScan editors5 summarized a report from Wired Magazine as follows: A survey by British PC maker Novatech, intended to take a lighthearted look at technoglitches, instead revealed the darker side of computing. One in every four computers has been

physically assaulted by its owner, according to the 4,200 respondents.6 In April 2003, the National Information Protection Center and Department of Homeland Security reported: [6] Nothing brings a network to a halt more easily and quickly than physical damage. Yet as data transmission becomes the lifeblood of Corporate America, most big companies havent performed due diligence to determine how damage-proof their data lifelines really are. Only 20% of midsize and large companies have seriously sussed out what happens to their data connections after they go beyond the company firewall, says Peter Salus of MatrixNetSystems, a network-optimization company based in Austin, TX.[7]

1.2 Definitions of Cyber Crime and Social Security

Social Security The comprehensive federal program of benefits providing workers and their dependents with retirement income, disability income, and other payments. The Social security tax is used to pay for the program.[8] Cyber Crime 1) Cybercrime is criminal activity done using computers and the Internet. This includes anything from downloading illegal music files to stealing millions of dollars from online bank accounts. Cybercrime also includes non-monetary offenses, such as creating and distributing viruses on other computers or posting confidential business information on the Internet.[9]

2) Cyber crime encompasses any criminal act dealing with computers and networks (called hacking). Additionally, cyber crime also includes traditional crimes conducted through the Internet. For example; hate crimes, telemarketing and Internet fraud, identity theft, and credit card account thefts are considered to be cyber crimes when the illegal activities are committed through the use of a computer and the Internet.[10]

1.3 Overview of Project:

In this project, we have discussed about social security, factors affecting social security i.e. what are the factors which affects the social security. In this we also discuss cyber crimes and how cyber crimes affect the social security of individuals. Then after, we discuss societal impacts of cyber crime on commerce, on social networking, on women, on intergovernmental relations. After that a chapter has been included which includes cyber laws like IT act, 2005. What all is given in that act and the merits and demerits of the act. Concluding it we mention the measures that should be undertaken by government to control cyber crimes and also the social security of individuals.

Chapter- 2 SOCIAL SECURITY AND ITS FACETS:

What is Social Security?

Social Security is both a concept as well as a system. It represents basically a system of protection of individuals who are in need of such protection by the State as an agent of the society. Such protection is relevant in contingencies such as retirement, resignation,

retrenchment, death, disablement which are beyond the control of the individual members of the Society.[11] Men are born differently, they think differently and act differently. State as an agent of the society has an important mandate to harmonise such differences through a protective cover to the poor, the weak, the deprived and the disadvantaged.[12]

The concept of social security is now generally understood as meaning protection provided by the society to its members through a series of public measures against the economic and social distress that otherwise is caused by the stoppage or substantial reduction of earnings resulting from sickness, maternity, employment injury, occupational diseases, unemployment, invalidity, old age and death.

2.2 SOCIAL SECURITY IN INDIA; Social Security system in a large and diverse country like India is bound to be complex. Around 400 million persons in India are in the working age group; less than 7 percent are in organized or in the formal sector, while 93 percent workers are unorganized.[13] This shows that large number of population is under unorganized sector. So, in India it is very important on the part of government to ensure the social security of citizens. Even today 1/8thof the worlds older people live in India. The overwhelming majority of these depend on transfers from their children. Addressing social security concerns with particular reference to retirement income for workers within the coverage gap has been exercising policy makers across the world. In India the coverage gap i.e. workers who do not have access to any formal scheme for old-age income

provisioning constitute about 92% of the estimated workforce of 400 million people. Hence the global debate and evaluation of options for closing the coverage gap is of special significance to India. The gradual breakdown of the family system has only underscored the urgency to evolve an appropriate policy that would help current participants in the labour force to build up a minimum retirement income for themselves.[14] Our constitution directs the government to ensure social security of citizens as mentioned in Directive Principles of State Policyand are dealt under concurrent list of subjects written in constitution, likewise :Part IV Directive Principles of State Policy Article 41 Right to work, to education and to public assistance in certain cases The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. Article 42 Provision for just and humane conditions of work and maternity relief The State shall make provision for securing just and humane conditions of work and for maternity relief,[15] and in many other articles. The issues relating to the social securiy mentioned in concurrent list (list iii in seventh schedule of constitution of india):Item No. 23: Social Security and insurance, employment and unemployment. Item No. 24: Welfare of Labour including conditions of work, provident funds, employers liability, workmens compensation, invalidity and old age pension and maternity benefits.[16]

2.2.1 Social security laws in India 1) The Employees State Insurance Act, 1948 (ESI Act) ESI Scheme for India is an integrated social security scheme tailored to provide Social Production to workers and their dependents, in the organised sector, in contingencies, such as Sickness, Maternity and Death or Disablement due to an employment injury or Occupational hazard.[17] 2) The Employees Provident Funds & Miscellaneous Provisions Act, 1952 (EPF & MP Act) The Supreme Court has stated in Andhra University v. R.P.F.C. 1985 (51) FLR 605 (SC) that in construing the provisions of the Employees Provident Funds and Miscellaneous Provisions Act 1952, it has to be borne in mind that it is a beneficent piece of social welfare legislation aimed at promoting and securing the well-being of the employees and the court will not adopt a narrow interpretation which will have the effect of defeating the very object and purpose the Act. The preamble to the Act also states that this is an Act to provide for the institution of: (i) Provident Funds (ii) Pension Fund and (iii) Deposit Linked Insurance Fund for employees in factories and other establishments. It is with this background that one must interpret the various provisions of the Act and the Scheme related to it.[18] 3) The Workmens Compensation Act, 1923 (WC Act)

4) The Maternity Benefit Act, 1961 (M.B. Act) 5) The Payment of Gratuity Act, 1972 (P.G. Act) And many other acts have been come into force from last some time which helps to maintain the social security.

2.3 Factors Affecting Social Security:

There are many factors which affect social security of in adverse manner; Likewise In the case of developing countries, the factors affecting social security are basically socioeconomic, like poverty, unemployed youth, etc., whereas, in the case of developed countries, social security programs are mostly affected due to the fast changing demographic factors. These factors include increase in the average life span of people post retirement, increasing female participation in the workforce, affordability of the government pocket, etc. Social security was initially targeted at only the aged, the retired, and families of workers who were either disabled or deceased. But, today, in order to cater to the emerging needs, social security has expanded its scope to women and children as well. [19]

1. Poverty affects social security like when the poverty increases, with it because as the poverty increase it becomes hard to those poors to survive in such an environment, so they get away from their correct path, which leads to crimes and resulting into loss of social security of other citizens of the country. 2. Unemployment it again affects the social security of citizens adversely because if there will be unemployment i.e. more of the youth will not be employed and which again will get involved in unsocial activities like crimes whi in result will effect the social security of peoples.

3. Unequal Status of Woman There are many other factors like Crimes, Terrorist Activities, etc thus, it is the duty of government to put check on these factors to safeguard the social security of its citizens. Social security was initially targeted at only the aged, the retired, and families of workers who were either disabled or deceased. But, today, in order to cater to the emerging needs, social security has expanded its scope to women and children as well. Social security benefits to women have become a prominent phenomenon. With this expanding scope of Social security, governments are finding it difficult to finance the welfare programs in the long run. With the average life span increasing, dependents will be more and hence, this cost will be proportional to the funding of the social security benefits provided to one particular family. Today, the need is felt to shift towards privatization. How far this shift would be acceptable or not is yet to be decided.[20]

2.4 Cyber Crime Affects Social Security

The internet is a second world to a lot of people, they work online, network online and share information online. The online community is changing fast and we are starting to see what has been happening behind the screens of the internet. There is a world of cybercrime active online. There are many types of cyber crimes like:
1. hacking 2. spoofing 3. phishing 4. and many others

today due to these sort of cyber crimes the social security of persons is in danger, many e banking accounts are first hacked and the money is transferred from them illegally. Similarly, in case of social networking sites there are many times hacking of email ids or facebook account for defaming someone. Thus, we can say that cyber crimes affects society in a very adverse manner.

2.5 Closing Remark Thus, social security is very important aspect for survival of society and maintaining peace in the society. So, government has play its role keenly and make more firm laws on things like cyber crime, etc. so as to restrict someone from disturbing the social security.

Chapter-3 Societal Impact of Cyber Crime

3.1 On Commerce

The complexity of modern enterprises, their reliance on technology, and the heightened interconnectivity among organisations that is both a result and a driver of e-business these are rapidly evolving developments that create widespread opportunities for theft, fraud, and other forms of exploitation by offenders both outside and inside an organisation.[21] With the growth of e-business, internal and external perpetrators can exploit traditionalvulnerabilities in seconds. They can also take advantage of new weaknessesin the software and hardware architectures that now form the backbone of most organisations.[22] In a networked environment, such crimes can be committed on a global basis from almost any location in the world, and they can significantly affect an organisations overall well-being. A central issue, in both public and private sectors, is whether we are devoting enough resources to information security. Part of the answer must come from economic analysis. What are the costs, both historical and potential, of security breaches? No one in the field of commerce is satisfied with our present ability to measure the costs and probabilities of cyber-attacks.[23] There are no standard

methodologies for cost measurement, and study of the frequency of attacks is hindered by the reluctance of organizations to make public their experiences with security breaches. Information security is the safeguarding of computer systems and the integrity, confidentiality, and availability of the data In addition, cyber attacks, or breaches of information security, appear to be increasing in frequency, and few are willing to ignore the possibility that the severity of future attacks could be much greater than what has been observed to date. Their containment has long been recognized as a critical national policy issue. Several computer security consulting firms produce estimates of total worldwide losses attributable to virus and worm attacks and to hostile digital acts in general. The 2003 loss estimates by these firms range from $13 billion (worms and viruses only) to $226 billion (for all forms of overt attacks)[24].

The insurance industrys response to rising perceptions of cyber-risk has been twofold. Initially, most companies excluded, and continue to exclude, cyber-attacks from standard business insurance coverage. After this initial exclusion, several insurers then began selling specialized cyber-risk policies.[25] Growth of the market has been slow; lacking the empirical data to construct actuarial tables, insurers are unable to price risk with the degree of confidence they enjoy in traditional insurance lines. As organisations increasingly integrate their systems with those of their vendors, suppliers, customers, and others, the risks they face multiply. The shift toward self -service systems within and among organisationscapabilities that offer enormous opportunities for cost savings and other efficiencies in, for example, human resources, inventory, or billingalso makes their host organisations increasingly vulnerable. Apart from inherent technological weaknesses is the lack of e-crime awareness among many organisations. Many do not realise that the same technological advancements that have enabled business growth and innovation are also available to facilitate cyber misbehaviour. In addition, organisations may not yet understand that protecting assets in the virtual world is a more complex and exacting endeavour than protecting assets in the physical world. Organisations may not perceive the extent to which they can benefit from preparedness efforts. Direct loss of assets is just one consequence of cyber misbehaviour. Whether the attack comes from inside or outside the organisation, victims often suffer from negative publicity, which can harm the

organisations brand and reputation, erode relationships with customers and other stakeholders, and eat into potential revenue.[26] This ever-present array of threats underscores the growing need for organisations to develop a cyber defence program that weaves preventive measures into the fabric of e-business operations. Along with a strong emphasis on prevention, a cyber defence program must also focus on detection in the form of a sound forensic incident response process. Such a process establishes policies and procedures for departmental and individual behaviour and encompasses plans for ongoing communication with employees and other stakeholders, analysts, and the press.[27]

3.2

On Social Networking

With malware showing no signs of abating on social networks and continuous news of the privacy implications of sharing personal details through social media, it's no surprise users are making more efforts to reduce their risk of exposure[28].

Threats targeting social networks are continuously being regenerated in new versions so their makers can evade detection and spread their malicious programs relentlessly across users' accounts. Shouldnt a punishment be awarded, not only with the aim of reforming the culprit, but also to make it serve as a deterrent for others? And more so when the case in question pertains to cyber security.[29] Recently, the Delhi high court imposed a fine of Rs.20,000 on a man for posting on a social networking site objectionable photographs and the telephone number of a woman who had studied along with him in the school.[30] The court imposed the fine while quashing a criminal case registered against the man under the Information Technology Act (ITA). While the victim and the accused in this case may have reached an out-of-court settlement to avoid legal tangles and negative publicity, many argue that a stringent punishment should be awarded in cyber crime cases since with widespread usage of social networking sites there is a fear of cyber harassment, and exemplary punishments can serve as deterrents. Harassment and stalking of women online is common, and can include rape threats and other threats of violence, as well as the posting of women's personal information. It is blamed for limiting victims'

activities online or driving them offline entirely, thereby impeding their participation in online life and undermining their autonomy, dignity, identity and opportunities. Cyber stalking of intimate partners is the online harassment of a current or former spouse, boyfriend, girlfriend or significant other. It is a form of domestic violence, and experts say its purpose is to control the victim in order to encourage social isolation and create dependency. Harassers may send repeated insulting or threatening e-mails to their victims, monitor or disrupt their victims' e-mail use, and use the victim's account to send e-mails to others posing as the victim or to purchase good or services the victim doesn't want.[31] They may also use the internet to research and compile personal information about the victim, to use in order to harass her. This being a major effect of social networking websites.

3.4

On Women

Cyber crime is a global phenomenon. With the advent of technology, cyber crime and victimization of women are on the high and it poses as a major threat to the security of a person as a whole. Even though India is one of the very few countries to enact IT Act 2000 to combat cyber crimes, issues regarding women still remain untouched in this Act. The said Act has termed certain offences as hacking, publishing of obscene materials in the net, tampering the data as punishable offences. But the grave threat to the security of women in general is not covered fully by this Act[32] Types of cyber crime that are committed against women: Amongst the various cyber crimes committed against individuals and society at large the crimes which can be mentioned as specially targeting women are as follows: 1. 2. 3. 4. 5. 6. Harassment via e-mails. Cyber-stalking. Cyber pornography. Defamation. Morphing. Email spoofing.

Harassment through e-mails is not a new concept. It is very similar to harassing through letters. Harassment includes blackmailing, threatening, bullying, and even cheating via email. E-harassments are similar to the letter harassment but creates problem quite often when posted from fake ids.[33]

Cyber stalking is one of the most talked about net crimes in the modern world. The Oxford dictionary defines stalking as "pursuing stealthily"[34]. Cyber stalking involves following a person's movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc. Cyber Stalking usually occurs with women, who are stalked by men, or children who are stalked by adult predators or pedophiles[35]. Typically, the cyber stalker's victim is new on the web, and inexperienced with the rules of netiquette & Internet safety. Their main targets are the mostly females, children, emotionally weak or unstable, etc. It is believed that over 75% of the victims are female. The motives behind cyber stalking have been divided in to four reasons, namely, for sexual harassment, for obsession for love, for revenge and hate and for ego and power trips.[36] Cyber stalkers target and harass their victims via websites, chat rooms, discussion forums, open publishing websites (e.g. blogs and Indy media) and email. The availability of free email and website space, as well as the anonymity provided by these chat rooms and forums, has contributed to the increase of cyber stalking as a form of harassment. There are a couple of reported cases, which speak of the position of the cyber stalking in India. The recent being the case of Manish Kathuria who was recently arrested by the New Delhi Police. He was stalking an Indian lady, Ms Ritu Kohli by illegally chatting on the Web site MIRC using her name. He used obscene and obnoxious language, and distributed her residence telephone number, inviting people to chat with her on the phone. As a result of which, Ritu kept getting obscene calls from everywhere, and people promptly talked dirty with her. In a state of shock, she called the Delhi police and reported the matter. For once, the police department did not waste time swinging into action, traced the culprit and slammed a case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli (Indianchild, 2005)[37]. In another case, an engineering and management graduate, facing prosecution in a dowry harassment case, was arrested by Delhi police for sending obscene e-mails in his wifes name to several persons.

In June 2000, a man was arrested by the Delhi police for assuming the identity of his ex-employers wife in a chat channel an encouraging others to telephone net. The victim who was getting obscene telephone calls at night from stranger made a complaint to the police. The accused was then located on line in the chat room under the identity of the, victim and later traced through the telephone number used by him to access the internet (Mishra, 2001)[38]. Internet has provided a medium for the facilitation of crimes like pornography. Cyber porn as it is popularly called is widespread. Almost 50% of the web sites exhibit pornographic material on the Internet today. Pornographic materials can be reproduced more quickly and cheaply on new media like hard disks, floppy discs and CD-Roms.[39] The new technology is not merely an extension of the existing forms like text, photographs and images. Apart from still pictures and images, full motion video clips and complete movies are also available. Unfortunately even though Chapter XI of the IT Act deals with the offences such as Tampering with computer source documents (s.65), Hacking with computer system (s66), publishing of information which is obscene in electronic form (s.67) Access to protected system(s70), Breach of confidentiality and privacy(s. 72), Publication for fraudulent purpose(s.74) IT Act 2000 still needs to be modified. It does not mention any crime specifically as against women and children[40]. The elementary problems, which are associated with Cyber-Crimes, are Jurisdiction, Loss of evidence, Lack of cyber army and Cyber savvy judges who are the need of the day. Judiciary plays a vital role in shaping the enactment according to the order of the day. One such stage, which needs appreciation, is the P.I.L., which the Kerela high Court has accepted through an email. Today with the growing arms of cyberspace the growing arms of cyberspace the territorial boundaries seems to vanish thus the concept of territorial jurisdiction as envisaged under S.16 of C.P.C. and S.2.of the I.P.C. will have to give way to alternative method of dispute resolution.[41] Again, under no section in IT ACT 2000, Obscenity personal viewing Is an offence, infact like in IPC 292 again if it is proved that you have published or transmitted or caused to be published in the electronic form only then under Section 67 it can be an offence. Last but not the least, the IT Act 2000 does not mention the typical cyber crimes like cyber stalking, morphing and email spoofing as offences[42].

Only 3% of the total complaints received by the cyber cell of Mumbai crime branch are converted into FIRs, thanks to the complainant themselves, most of whom are women[43]. The victims don't want to go ahead in the case to avoid any social stigma to be attached either to themselves or in some cases to the offender, as in most of the cases the offenders are minors and known to the victims. Complainants including professionals, teachers, airline industries, students and film personalities approach the police to ensure that the harassment is stopped and defamatory messages or morphed pictures removed from the internet. Women netizens are still not open to immediately report the cyber abuse or cyber crime. The biggest problem of cyber crime lies in the modus operandi and the motive of the cyber criminal. Cyber space is a transit space for many people, including offenders. While people do not live in cyber space, they come and go like any other place. This nature provides the offenders the chance to escape after the commission of cyber crime. Many websites and blogs provide security tips for the safety of women and children in the net. But still then again, cyber crime against women are on rise. In reality it is seen many chat friends enjoy teasing their women friends by words such as sexy, attractive which are the virtual beginning of cyber obscenity.[44] They slowly take their female friends into confidence and start discussing about their own problems like a true friend. Hence in many occasions they are successful in turning the net friendship into a strong bond and gradually proceed to send obscene or derogatory remarks. If the recipient shies away, the sender of such messages would become more encouraged to continue. The problem would be solved only when the victimised woman then and there report back or even warn the abuser about taking strong actions. While there are increasing resources being developed for parents to monitor childrens use of the internet and chat sites, very little information exists about the risks facing women who use the internet. Online harassment (aka cyber stalking) and related threatening behaviour are violent acts that are increasing towards women who use the internet to access information or communicate online.[45] Cyber stalking and related threatening behaviour are significantly affecting womens everyday lives. The stigma and shame women survivors face compound the isolation and perpetuation of violence against women.

Working in partnership with the Pacific Community Networks Association and Women space, and with support from the Women and Community Safety project,[46] factors that lead to online abuse and safety risks for rural women will be further examined. A toolkit and training package will be developed to assist staff and volunteers of public internet sites to gain a greater understanding of online safety concerns facing female users. The Online Safety for Women project will also advocate for appropriate responses by government to address violence against women on the internet.[47]

The BC Rural Womens Network expects this project will highlight the increasing risk of violence women face via the internet and help to decrease vulnerability of marginalized rural women. [48] As the internet becomes more heavily relied upon as a means of communication and information sharing, it is essential that users be given information on ways to navigate safely.

Chapter-4 Cyber Laws in India with a special reference to the Information Technology Act, 2005

INTRODUCTION
Digital technology and new communication systems have made dramatic changes in our lives. Business transactions are being made with the help of computers. Business community as well as individuals are increasingly using computers to create, transmit and store information in the electronic form instead of traditional paper documents. Information stored in electronic form is cheaper. It is easier to store, retrieve and speedier to communicate. People are aware of these advantages but they are reluctant to conduct business or conclude transactions in the electronic form due to lack of legal framework. At present many legal provisions recognise paper based records and need for paper based transactions, therefore, to facilitate e-commerce, there is a need for legal changes. The United Nations Commission on International Trade Law adopted the Model Law on Electronic Commerce in 1996. India being a signatory to it has to revise its laws as per the said Model Law. Keeping in view to facilitate e-commerce and with a view to facilitate Electronic Governance, the Information and Technology Bill, 1999, was introduced in the parliament.[49]

STATEMENT OF OBJECTS AND REASONS

New communication systems and digital technology have made dramatic changes in the way we live. A revolution is occurring in the way people transact business. Businesses and consumers are increasingly using computers to create, transmit and store information in the electronic form instead of traditional paper documents. Although people are aware of these advantages, they are reluctant to conduct business or conclude any transaction in the electronic form due to lack of appropriate legal framework.[50] The two principal hurdles which stand in the way of facilitating electronic commerce and electronic governance are the requirements as to writing and signature for legal recognition. The Law of Evidence is traditionally based upon paper based records and oral testimony. International trade through the medium of e-commerce is growing rapidly in the past few years and many countries have switched over from traditional paper based commerce to e-commerce. The Information and Technology Bill was passed by both the houses of parliament, and it received the assent of the President on the 9th June, 2000 and became THE INFORMATION AND TECHNOLOGY ACT, 2000 (21 of 2000).

IMPORTANT SECTIONS IN THE ACT OF 2000

Section1. Short title, extent, commencement and application - (1) This Act may be called the Information and Technology Act, 2000. Section2. Definitions[51] Section43. Penalty for damage to computer, computer system, etc. If any person without permission of the owner or any person who is in charge of a computer, computer system or computer network (i) (ii) Accesses such computer, computer system or computer network; downloads copies or extracts any data, computer data-base or information;

(iii)

introduces or causes to be introduced any computer contaminant or computer or

computer virus; (iv) damages or causes to be damaged any computer, computer system or computer

network data, computer database or any other programmes; (v) (vi) (vii) disrupts or causes disruption; denies or causes the denial of access to any person authorised to access; provides any assistance to any person to facilitate access in contravention of the

provisions of this Act; (viii) charges the services availed of by a person to the account of another person by

tampering with or manipulating any computer, computer system or computer network, he shall be liable to pay damages up to ten lakh rupees to the person so affected. Section 65. Tampering with computer source documents.[52] If any person knowingly or intentionally conceals, destroys code or alters or causes another to conceal, destroy , or alter any computer source used for a computer, computer program me, computer system or computer network, he shall be punishable with imprisonment up to three years, or with fine up to two lakh rupees, or with both. Section 66. Hacking with Computer System. Section 91. Amendment of Act 45 of 1860.[53] The Indian Penal Code shall be amended in the manner specified in the first schedule to this Act. [54]

Menaces to be countered by Information and Technology Act, 2000

1.

Phishing and Spam

Though this has not been mentioned specifically but this can be interpreted in the provisions mentioned under in section 66 A. Through this section sending of menacing, annoying messages and also misleading information about the origin of the message has become punishable with imprisonment up to three years and fine Stolen Computer resource or communication device newly added Section 66B has been introduced to tackle with acts of dishonestly receiving and retaining any stolen computer resource. This has also been made punishable with three years or fine of one lakh rupees or both. 2.

Misuse of Digital Signature

Section 66C. Dishonest use of somebody elses digital signature has been made punishable with imprisonment which may extend to three years and shall also be liable to fine with may extend to rupees one lakh. 3.

Cheating

Cheating using computer resource has been made punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupee (section 66D) 4.

Cyber terrorism

The newly introduced section 66F talks about acts of cyber terror which threatens the unity, integrity or sovereignty of India or strike terror in the people or any section of the people include[55] a. Denial of service of resources in use by nation

b. Attempting to penetrate or access a computer resource without authorization or exceeding authorized access c. Introducing or causing to introduce any computer contaminant likely to cause death or injuries to person or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or d. knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to

information, data or computer database that is restricted for reasons for 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. These acts have been made punishable with Imprisonment which may extend to imprisonment for life 5. Child Pornography Newly introduced section 67 B attempts to address the issue of child pornography. Through this section it has made the publication or transmission of material in any electronic form which depicts children engaged in sexually explicit act or conduct, anyone who creates, facilitates or records these acts and images punishable with imprisonment of five years and fine which may extend up to ten lakhs in first offence and seven years and fine of ten lakhs on subsequent offence Intermediarys liability Intermediaries have been made liable to retain any information in the format that Central government prescribes. (Sections 67C) and are punishable for violation with a punishment of imprisonment of 3 years and fine In case of any act which affects national sovereignty intermediaries are liable to seven years (Section 69(4))

AMENDMENTS TO THE ACT IN 2008

Surveillance, Interception and Monitoring In order to compact cyber terrorism the government further armed itself with drastic powers Sections 69 of IT Act 2000 amended enhances the scope from the 2000 version to include interception and monitoring. This has been a major change in the section which also empowers government not only to monitor any traffic but also block any site through any intermediary. Any failure on part of the intermediary is punishable by seven years and also fine (Section 69(4)). Earlier the provision did not mention any fine.[56] Sexually explicit content

Newly introduced section 66 E talks about acts of 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, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.[57] In fact the earlier section 67 of IT Act did mention any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave.... and was punishable for first offence with five years of imprisonment and fine of one lakh rupees. This change has made the provision lenient and open to misinterpretation. Compliance with orders of Controller Section 68(2) which earlier made failure to comply with the direction of controller punishable with three years of imprisonment or fine of two lacks or both now has been reduced to two years punishment or fine of one lakh of rupees or both.

NATURE OF PUNISHMENT
Cognizance of cases All cases which entail punishment of three years or more have been made cognizable. Offences with three years punishment have also been made bailable (Section 77B). This change though welcome will make sure most cases falling under IT Act will be bailable with sole exception of Cyber terrorism cases, cases related to child pornography and violations by intermediaries in some cases.[58] Investigation of Offences One major change has been inclusion of Inspectors as investigating officers for offences defined in this act (section 78). Earlier these investigations were being done only by an officer of the rank of Deputy Superintendent of Police which was a serious limitation mainly because number of officers in this rank is limited. With this change one can look forward to more cases being filed and investigated by police. Intermediarys liability

Intermediaries have been made liable to retain any information in the format that Central government prescribes. (Sections 67C) and are punishable for violation with a punishment of imprisonment of 3 years and fine In case of any act which affects national sovereignty intermediaries are liable to seven years (Section 69(4)).[59] Liability of body corporate towards Sensitive Personal Data New amendment was brought in changes in section 43 of IT Act 2000 in which for the first time any body corporate which deals with sensitive personal information does not have adequate controls resulting in wrongful loss or wrongful gain to any person is liable to pay damages to that person to the tune of five crores. Introduction of virus, manipulating accounts, denial of services etc. made punishable Section 66 has been amended to include offences punishable as per section 43 which has also been amended to include offences as listed above; punishment may lead to imprisonment which may extend to three years or with fine which may extend to five lakh rupees or with both. This is a change from earlier position where introduction of virus, manipulating some ones account has been made punishable with imprisonment for the first time.

Information and Technology Act, 2000 and its criticism

In the present decade if India made news internationally, in technology sectors, it has been mainly for the contracts that it grabbed for performing data processing activities from offshore. Initially this started with simple transcription centres where voice recorded details were converted into digital data. But lately, this has transformed into knowledge processing centres where complete research is done on various domains which include medicine, law, technology and even media. Even within the country there has been increasing use of computers. Be it Airline or train reservation system or the initiative towards online collection of direct and indirect taxes, there is great amount of data about individuals and businesses which is available in digital format. Ever since the Act came into being there were series of demands for bringing about changes that will make sure that the Act provided for curbing the menace of cybercrime. Issues of data leakage and personal privacy also started making news. These demands for change were further strengthened by the BPO industry in India which had to produce credentials of data

safety and privacy in India to bid for international projects which were being outsourced out of western countries. A major amendment was made to the Act with effect from 6 February 200 consequent to the passage of a related legislation called Negotiable Instruments Amendment Act 2002. The amendment to Negotiable Instruments Act, 2002 for the first time recognized a cheque in electronic form2. These changes notwithstanding, Indian government realizing the changing terrain of online interactions, formed an expert committee under Ministry of IT to suggest amendments to act to keep it relevant. Main reasons for looking into changes in the Act were:[60] (a) subject matter being information technology which has an accelerated pace of development. (b) intensive approach employed in it as opposed to a general framework to regulate information technology. The committee pointing out several lacunas in the enactment proposed amendments to it in the report it tendered to the ministry of information technology. The result was the Information Technology Amendment Bill, 2000 based on the report submitted by the expert committee4.[61] During the same time in order to provide for protection of data leakage and personal privacy a Personal Data Protection Bill was introduced in Rajya Sabha in 2006. This bill, however, remains to be passed. The Information technology Act 2000 amendment Bill 2006 has since been passed by the Indian Parliament on December 23, 2008.

INFORMATION AND TECHNOLOGY ACTS FROM AROUND THE GLOBE

I.

Anti-Spam Laws
i. UNITED STATES OF AMERICA [62]

United States has a specific CAN-Spam Act 20037 which came into force in January 2004. Major provisions are:

 False and misleading header information is banned Deceptive subject lines are prohibited Opt-out methods must be provided Commercial email must be identified as an advertisement and it must Include the sender's valid physical postal address Receivers must be warned of sexually explicit material Penalties include fine up to USD 11000 and also imprisonment in specific circumstances. ii. EUROPE

Europe union through directive on privacy and electronic communication, 2003 has been the major driving force behind the enactments of anti-spam laws in Europe. U.K. imposes a fine of GBP 5000 on spammers if they fall within the ambit of its Anti-Spam Act.

II.

Computer Misuse
i. UNITED STATES OF AMERICA

This was addressed in US way back in 1984 through Computer Fraud and Abuse Act9. This act governs cases with a compelling federal interest, where computers of the federal government or certain financial institutions are involved, [63]where the crime itself is interstate in nature, or computers used in interstate and foreign commerce10. This act punishes anyone who not just commits or attempts to commit an offense under the Computer Fraud and Abuse Act but also those who conspire to do so. This act has been further amended by US Patriot Act, 2001 which enhanced the scope and penalties imposed. First offence penalties are ten years imprisonment and second offence penalty is imprisonment of 20 years. These are much more stringent considering Indian law provides for just around three years punishment in most cases.

ii.

UNITED KINGDOM

UK computer misuse was defined in 1990 through its Computer Misuse Act. This act dealt with unauthorized access, modification of computer material. Penalties imposed are to the tune of five years imprisonment with fine.

III. Data Protection and Personal Privacy

i.

UNITED STATES OF AMERICA

Identity Theft Enforcement and Restitution Act of US has made further enhancements to the original act (Computer Fraud and Abuse Act, 1984) by making the act of causing damage to ten or more computers as felony. It also removed the limit of damage which was earlier set to USD 5000 in Computer Fraud and Abuse Act. One of the major emphasis of this act has been to criminalize not only explicit threats to cause damage to a computer, but also threats (1) to steal data on a victims computer, (2) to publicly disclose stolen data, or (3) to not repair damage the offender already caused to the computer; and also ensuring that restitution orders for identity theft cases may include an amount equal to the value of the victims time spent remediating the actual or intended harm of the identity theft or aggravated identity theft offense.

ii.

UNITED KINGDOM

These have been of major concern internationally and legislations have been passed as long ago as 1998 to ensure protection of personal data. One of the leading legislations is the Data Protection Act, 1998 of UK. This act specifically defines sensitive personal data as In this Act sensitive personal data means personal data consisting of information as to

(a) the racial or ethnic origin of the data subject, (b) his political opinions, (c) his religious beliefs or other beliefs of a similar nature, (d) whether he is a member of a trade union (within the meaning of the [1992c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992), (e) his physical or mental health or condition, (f) his sexual life, (g) the commission or alleged commission by him of any offence, or (h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings. While Indian IT act Amendment talks about sensitive personal data in section 43 but fails to define what exactly it implies by sensitive personal data.

Chapter-5 Conclusion
CONCLUSION
Cybercrime is emerging as a serious threat. World wide governments, police departments and intelligence units have started to react. Initiatives to curb cross border cyber threats are taking shape. Indian police has initiated special cyber cells across the country and have started educating the personnel. This project was an attempt to provide a glimpse on cyber crime in India. This article is based on various reports from news media and news portal Cyber crime is a term used to broadly describe criminal activity in which computers or computer networks

are a tool, a target, or a place of criminal activity and include everything from electronic cracking to denial of service attacks. It is also used to include traditional crimes in which computers or networks are used to enable the illicit activity. Some points that should be taken care of are: 1. Reliance on terrestrial laws is an untested approach. Despite the progress being made in many countries, most countries still rely on standard terrestrial law to prosecute cyber crimes.The majority of countries are relying on archaic statutes that predate the birth of cyberspace and have not yet been tested in court. 2. Weak penalties limit deterrence. The weak penalties in most updated criminal statutes provide limited deterrence for crimes that can have large-scale economic and social effects. 3. Self-protection remains the first line of defense. The general weakness of statutes increases the importance of private sector efforts to develop and adopt strong and efficient technical solutions and management practices for information security. 4. A global patchwork of laws creates little certainty. Little consensus exists among countries regarding exactly which crimes need to be legislated against. The kinds of gaps that remain, even in the 19 countries that have already taken steps to address cyber crimes. In the networked world, no island is an island. Unless crimes are defined in a similar manner across jurisdictions, coordinated efforts by law enforcement officials to combat cyber crime will be complicated. 5. A model approach is needed.

Most countries, particularly those in the developing world, are seeking a model to follow. These countries recognize the importance of outlawing malicious computer-related acts in a timely manner in order to promote a secure environment for e-commerce. But few have the legal and technical resources necessary to address the complexities of adapting terrestrial criminal statutes to cyberspace. A coordinated, public-private partnership to produce a model approach can help eliminate the potential danger from the inadvertent creation of cyber crime havens. Further, we would like to give our point of views that is what we gained from this project and what all one can get out of this project. First, the cyber crimes is a new phenonemenon in India as it wasnt well known as a information and technology market till the enactment of the Information and Technology Act ,2000 that brought what is called the IT revolution in India. The government was made to enact this law because there were no laws that used to curb the growing rate of Cybercrimes that were happening in the late 90s. the passing of this Act lead to a proper governance over the internet and other services under the World Wide Web. Moreover, would like to say though the Act of 2000 may have brought a revolution but the actual revolution was brought about by the Amendment Act of 2005 and 2008. These amendments have now made the Act stronger and the government in a stronger position in controlling the mishaps that happen on the web. As the number of virus attacks towards India increased the government had to come up with new laws to curb these issues as well as the increasing hacking, phishing and spamming on the web. From our project we have learnt that controlling the internet as in the ways of checking on viruses, spams and worms is really a hard task to perform. Due to the increased use in the social networking sites many accounts of the respective users are under the scanner as advancement in technology has lead to innovative ways by which hacking is done.

The online banking has also lead to the increased cybercrimes because accounts could be hacked and money could be transferred into another account all together. Hence, lead to many ways by which one in present time commits Cybercrime.

BIBLIOGRAPHY:
Books & Authors
1. Barkha & U. Rama Mohan , Cyber Law & Crimes- IT ACT 2000 and Computer

Crime Analysis, Asia Law House 2nd edn., Chap 1, pg.7 2. 3. 4. 5. Rodney D. Ryder, Guide to Cyber Laws, ISBN Nandan Kamath, Laws relating to computers internet and e- commerce Dr. R.K.Chaubey, An Introduction to Cyber Crime and Cyber Law Capt. Mithilesh K Singh,Cyber War and terrorism

Websites:
1. www.cyberlaw.com 2. www.cyberlawsindia.net 3. www.indlii.org 4. www.cyberlawassociation.com 5. www.ibef.org 6. www.answers.com

7. www.vakilno1.com

Articles:
1.Pawan Duggal, Cyberlaw India

[1]

www.scribd.com/doc/61038319/Computer-Crime www.mekabay.com/overviews/history.pdf www.lib.berkeley.edu/MRC/pacificaviet.html dc439.4shared.com/doc/eyKvlqA2/preview.html Ibid www.castdiv.org/archive/winter01.pdf www.datafoundry.com/news/dont-put-all-your-data-in-one-basket/

[2]

[3]

[4]

[5]

[6]

[7]

8.[8] www.investorwords.com/4617/Social_Security.html -

[9]

http://www.techterms.com/definition/cybercrime www.webopedia.com/TERM/C/cyber_crime.html Retrieved from http://skoch.org/8tw/Full%20paper%20-%20Dr%20Ramakrishnan%20-%20-

[10]

[11]

Social%20Security%20The%20way%20forward.pdf on 20/10/2011 at 18:00 pm

[12]

Retrieved from http://planningcommission.nic.in/aboutus/committee/wrkgrp/wg_soclscty.pdf on

20/10/2011 at 18:20 pm

[13]

Retrieved from www.dgvn.de/.../08__Rajasekhar_Social_Security_in_India.pdf

On 20/10/2011 at 18:35 pm

[14]

Retrieved from http://labour.nic.in/ss/ssd.pdf on 20/10/2011 at 18:55 pm

[15]

Retrived from http://labour.nic.in/ss/welcome.html

On 20/10/2011 at 21:50 pm
[16]

supra note 4 Retrieved from hrvillage.in/docs/449_1.ppt on 21/10/2011 at 09:00 am Retrieved from http://www.legalissuesforngos.org/main/other/EPF.pdf on 22/10/2011 at 10:00 am Retrieved from http://www.infibuy.com/Book/Product-Detail/39703/8131406393/Social-Security-

[17]

[18]

[19]

Paradigm-Shift.htm on 22/10/2011 at 10:20 am

[20] [21]

Ibid at 9 Partners, KPMG. "E- Commerce and Cyber Crime : New Strategies for Managing the Risks of

Exploitation." Www.uazuay.edu.ec. Company Publication. Web. <http://www.uazuay.edu.ec/bibliotecas/emarketing/E-Commerce%20and%20Cyber%20Crime.pdf>.

[22] [23]

Ibid 2

Cashell, Brian, William D. Jackson, Mark Jickling, and Baird Webel. "The Economic Impact of Cyber-

Attacks." Www.cisco.com. Cisco Corporation. Web. <http://www.cisco.com/warp/public/779/govtaffairs/images/CRS_Cyber_Attacks.pdf>.

[24]

Ibid 3 Ibid 3 Ibid 1 Ibid 1 Retrieved from http://www.webroot.com/En_US/pr/threat-research/cons/social-networking-habits-

[25]

[26]

[27]

[28]

webroot-research-081611.html on 06 November 2011 at 10:04

[29]

Retrieved from http://www.asianage.com/life-and-style/stricter-penalty-cyber-crime-685 on 06

November 2011 at 10:32

[30]

Retrieved from http://news.in.msn.com/national/article.aspx?cp-documentid=5401287 on 06

November 2011 at 10:46

[31]

Retrieved from http://blog.timesunion.com/bethlehem/7199/cyberstalking/ on 06 November 2011 at

10:58
[32]

Retrieved

fromhttp://www.vakilno1.com/bareacts/informationtechnologyact/informationtechnologyact.htm on 07 November 2011 at 10:42

[33]

Retrieved from http://www.cyberlawtimes.com/articles/103.html on 07 November 2011 at 17:27 Retrieved from http://oxforddictionaries.com/definition/stalk on 07 November 2011 at 18:32 Ibid 13 Ibid 13 Retrieved from http://cyberlaws.net/cyberindia/2CYBER27.htm on 07 November 2011 at 10:50 Retrieved from http://www.erces.com/journal/articles/archives/volume2/v03/v02.htm on 07 November

[34]

[35]

[36]

[37]

[38]

at 11:23
[39]

Retrieved from http://www.vksinghnco.com/cybercrimes.html on 07 November 2011 at 11:48 Retrieved from http://tnfwl.com/pdf/news_letter/CYBER_CRIME_AGAINST_WOMEN.pdf on 07

[40]

November 2011 at 13:43

[41]

Retrieved from http://legalserviceindia.com/articles/article+4.htm on 07 November 2011 at 14:36 Ibid 13 Retrieved from http://articles.timesofindia.indiatimes.com/2010-10-

[42]

[43]

04/mumbai/28266565_1_offender-cyber-cell-fake-profile on 07 November 2011 at 14:57

[44]

Retrieved from http://moivklad.ru/en/view/normal/145434 on 07 November 2011 at 15:19 Retrieved from http://www.caslon.com.au/stalkingnote.htm on 08 November 2011 at 05:48 Retrieved from http://social.un.org/index/Youth/YouthintheUN.aspx on 08 November 2011 at 06:10 Retrieved

[45]

[46]

[47]

fromhttp://www.facs.gov.au/sa/women/progserv/violence/nationalplan/Pages/default.aspx on 08 November 2011 at 06:32

[48]

Retrieved

from http://archive.digitalopportunity.org/article/view/118766?PrintableVersion=enabled on 08 November 2011 at 10:46

[49]

http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/1996Model. html, 23 Oct 2011,

rd

10:45 pm
[50]

http://jobsearchtech.about.com/od/careersintechnology/p/ITDefinition.htm , 23 Oct 2011, 12:23pm Bare Act, The Information Technology Act, 2000, Universal publication http://www.vakilno1.com/bareacts/informationtechnologyact/informationtechnologyact.htm , 27 Oct
th

rd

[51]

[52]

2011, 3:30 pm
[53]

Ibid 2. http://www.ibef.org/industry/informationtechnology.aspx, 21 Oct 2011, 6:45pm http://www.legalserviceindia.com/article/l169-Cyber-Terrorism.html, 26 Oct 2011, 2:34 pm http://cybercrime.planetindia.net/it-act-2008.htm, 31 Oct 2011, 5:45pm http://www.cyberlaws.net/itamendments/IT%20ACT%20AMENDMENTS.PDF, 21 Oct 2011, 3:30pm http://www.naavi.org/pati/pati_cybercrimes_dec03.htm , 25 Oct 2011, 4:34 pm http://www.amarjitassociates.com/articles/cybercrimes-1.htm, 23 Oct 2011, 6:34 pm http://www.cis-india.org/internet-governance/blog/information-technology-act, 23 Oct 2011, 4:40 pm http://www.enotes.com/topic/Information_Technology_Act, 31 Oct 2011, 6:50pm http://blog.sherweb.com/controversial-cyber-laws-around-the-world/, 25 Oct 2011, 5:34 pm http://www.cgg.gov.in/workingpapers/GlobalandGoodGovl.pdf , 21 Oct 2011, 3:40pm
st th st rd rd th st st th st

[54]

[55]

[56]

[57]

[58]

[59]

[60]

[61]

[62]

[63]

Central 2013 Bhavan,

Information

Commission

Mr.H.C.

Balvinder Singh vs Delhi Police on 20 August, Central Information Commission Bhikaji Cama Place, New Delhi110066 Room No. 305, 2nd Floor, 'B' Wing, August Kranti Web: www.cic.gov.in Tel No: 26167931 Case No. CIC/SS/A/2012/003653 Dated: 20.08.2013 Name of Appellant : Shri Balvinder Singh Name of Respondent 18.07.2013 : ORDER Shri Delhi Balvinder Police, Singh, PHQ/Cyber Crime Branch Date of Hearing : hereinafter called the appellant has filed the present appeal dated 18.10.2012 before the Commission against the respondent Delhi Police, PHQ/Cyber Crime Branch for not

providing complete and satisfactory information in response to his RTI application dated 14.5.2012. The appellant was absent whereas the respondent were represented by Shri P.M. Kaushik, ACP/RTI, Shri Zile Singh, ACP/Crime, Shri Hareesh H.P., ACP, Cyber, EOW, Shri Vijay Pal Singh Kesana,

SI/Cyber Cell SI/RTI/EOW.

and

Shri

Ravinder

Kumar,

to when the enquiry will be completed, the CPIO/Cyber Crime Cell, EOW is hereby directed to apprise the appellant of the progress of investigation and to answer appellant's query regarding be beneficiary, if any of the crime. The CPIO/PHQ is also advised to look into the grievance of the appellant sympathetically and in view of the time taken for investigations, to apprise the appellant why he cannot be allotted a quarter. The CPIO/Cyber Crime Cell and CPIO/PHQ will comply with the directions of the Commission within three weeks of receipt of this order. (Sushma Singh) Information Commissioner Authenticated true copy: (K.K. Sharma) OSD & Deputy Registrar Address of the parties: Shri Balvinder Singh, O-19, Type-I, 3rd Floor, New Police Line, GTB Nagar, Delhi-110009. The Addl. DCP/CPIO, Delhi Police, PHQ, MSO Building, I.P. Estate, New Delhi-110002. The ACP/CPIO, Delhi Police, Cyber Crime Cell, EOW, P.S. Mandir

Marg Complex, Mandir Marg, New Delhi. The Joint CP/FAA, Delhi Police, PHQ, MSO Building, I.P. Estate, New Delhi-110002. 4 Case No. CIC/SS/A/2012/003653

posts on account of the pressing nature of works that were to be undertaken by them. Rathore Poonam 2013.08.03 11:10 C.W.P.No.8837 of 2013 & other connected cases -5- I attest to the accuracy and integrity of this document For the purposes of reference, the contents of the affidavit are extracted herein-below:- "That vide orders dated 8.8.2012, this Hon'ble Court granted time to the respondent No.1 for verifying the allegations. Relevant part of the said order dated 8.8.2012 is reproduce hereunder for the kind perusal of this Hon'ble Court:- "He seeks time to verify the allegations and apprise the Court as to the source from where the aforesaid question paper was leaked and printed in the newspapers. Adjourned to 22.8.2012. Till the investigation is over, the process for verification of documents of the candidates, examination who may have passed the written the continue, however,

appointment letters be not issued." That the Deputy Inspector General of Police, Punjab State Cyber Crime, SAS Nagar, Mohali has conducted the preliminary investigation with

regard

to

the

allegations

made

in

the

present case and has submitted his inquiry report on 22.1.2013. That the report of DIG, Cyber Crime, SAS Nagar Mohali dated 25.1.2013 is basically a preliminary inquiry report based upon the data of Mobile Service Provider and some inquiry of some candidates/persons. As Rathore Poonam 2013.08.03 11:10 C.W.P.No.8837 of 2013 & other connected cases -6- I attest to the accuracy and integrity of this document per the police authorities, further investigation can be conducted after registration of FIR to find out guilty persons. The preliminary report has taken almost 4 months and it is expected that the complete investigation after lodging of FIR may take longer time to complete the process. That PSPCL is in an urgent need of man power as recruitment process was initiated in December, 2011 and this process has not been completed so far. It is brought out that the AEs and JEs are the core persons to handle the various distribution, construction and other works in PSPCL. Due to

non-filling up of the posts in various Sub Divisions and other organizations, the work is badly affected, which affects the satisfactory service to the consumers. In addition to this, PSPCL is implementing the information technology under ADPRP (A) and improvement of distribution system in ADPRP Cyber Crime, Mohali will continue to investigate the matter after lodging of FIR to identify the persons/candidates, if any, who may be involved in this misdeed of leaking of question paper and providing illegal assistance from outside. However, PSPCL/Edcil (i.e. answering respondents) may kindly be allowed to reconduct the written test for all categories of posts of Assistant Engineer (OT)s and test Junior more Engineers/APAs/AJSs/Supervisor precautions prevent in consultation such incidents Instrumentation). While conducting this written with Cyber Crime to

during the examination shall be taken care. These precautions may include frisking of all candidates by Rathore Poonam 2013.08.03 11:10

C.W.P.No.8837 of 2013 & other connected cases 8- I attest to the accuracy and integrity of this document police manually and with suitable devices for any mobile or any communication devices or any suspicious items, which may assist the candidates in leaking/copying the paper, installation of Mobile Jammers etc. The candidates who will be identified in the final report of DIG/Cyber Crime in misdeed in the earlier written test, shall be debarred from appearing in the written test or their result shall not be declared