BEWARE OF e CRIMES

Adv. Sherry J Thomas

Mail: sherryjthomas@gmail.com
Web: sherrylegal.com

Gone are the days where the authorities can accept only hard
paper bound documents and records. Obviously, now the red
tapes are changing its way to electronic records. E-service and
e-administration are the novel terms that are being used for e-
governance. Apart from the legal recognition extended to the
electronic records vide section 4 of Information Technology Act
2000, digital signatures are also accepted by law through
specific provisions in the law. Obviously, the increased use and
acceptability of the computers and internet facilities resulted in
large scale violation of rights and personal annoyance which
resulted in e crimes. In our day to day electronic life, definitely
we come across the offences of digital trespasses like
unauthorized access to one’s computer, harassment through
emails and other digital entries, hacking etc. The e-legal
literacy and conscientisation are the only way to curb this
menace.
Cyber Crime
Every illegal act that involves computer system or computer
network can be called as a ‘cyber crime’. Whoever 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 program
is liable to be punished under section 65 of IT Act. The
punishment may upto three years imprisonment or with fine
which may extend upto rupees two lakhs. Publishing obscene
matters by using computer is also an offence under this law,
which may invite imprisonment for five years and fine of
Rupees one lakh. Obscene electronic record include 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. It is
important to note that, in Indian Penal Code, (the general penal
law in India) for the commission of an offence, there are four
stages such as intention, preparation, attempt and commission
of offence. Similarly, in cyber crime also the activities can be
divided in to four stages like Planning, execution, concealment
and conversion.
Offence of unauthorized access
There are specific provisions in the Information Technology Act
to curb the wanton acts which results in damages to computer,
computer system or computer network. Any attempt made by a
person to access another’s computer or computer network with
permission of the owner or any other who is in charge of such
computer is liable to be punished under this law. ‘access’
means gaining entry into, instructing or communicating with
the logical, arithmetical or memory function resources of a
computer. Both physical and virtual access such as remote
connection using satellite, microwave, terrestrial line or other
communication media will come under this heading. A person
can avail the benefit of this law as being aggrieved, if any other
person downloads copies or extracts any data or information
from the aggrieved one’s computer, including the data held in
any removable storage medium. Even any attempt or
completed act of introducing any computer contaminant or
computer virus in to any computer without the permission of
the owner or any other person who is in charge of the computer
will cast liability upon the offender.
The law of information technology also prevents one from
making any damages to both hardware and software either
done physically or through a virtual medium. Any acts which
lead to disruption or malfunctioning or affecting the standard
and performance of the computer is also an offence. Denying
legitimate physical and virtual access by manipulating the
password or user ID or any other code is against the law and
liable to be prosecuted.
The offence of hacking
The offence of hacking is defined under section 66 of IT act.
The offence of hacking may be committed in respect of both
tangible and non tangible assets. The intention to cause
wrongful damage or loss to the public or any other person must
be present in the offence of hacking. The offence of hacking
must diminishes the value of information or affects it injuriously
by any means. However, inadvertent or innocent errors of
omission or commission which may destroy or delete or alter
any information residing in a computer or diminishes the value
of information or cause damage or loss to the public would not
amount to hacking.
Harassment by stalking
Most of the victims of cyber stalking are females. It is a type of
harassment, which is sinister in nature. Cyber stalking could be
in various forms such as sending harassing e mails, threatening
over the internet or even trying to contact the person (victim)
against her will. It could be worse in cases where if the phone
numbers of other details of the victim is known to the offender,
it could be displayed on pornographic sites or telephonic chat
lines. Sending unwanted e mails which are abusive, threatening
and obscene can be treated as online harassment.
How to make complaint for investigation of offences
The code of criminal procedure code is the law which defines
the matters regarding police investigation of an offence. But
section 78 of IT Act says, a police officer not below the rank of
Deputy Superintendent of Police shall investigate any offence
under this Act. This section really makes a departure from the
code of criminal procedure code and in the result, only a police
officer not below the rank of Deputy Superintendent of Police
has the power to investigate the offences under the law of
information technology. The police officer conducting
investigation under this law, can enter any public place and
search and arrest without warrant any person found therein
who is reasonably suspected of having committed or of
committing or about to commit any offence. In Ernakulam, a
separate wing set up Kochi City Police for investigating cyber
crimes is working in full swing. (Email id to make complaint
against cyber crimes – cybercell@kochicitypolice.org Ph:
9846091096.)

CYBER CRIME (OFFENCES) AT A GLANCE

Tampering with computer source documents
Hacking with computer system
Publishing of information which is obscene in electronic form
Disobeying the direction given by the Controller of Certifying
Authorities
Penalty for breach of confidentiality and privacy
Publication of digital signature for fraudulent purpose