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REVIEW OF CYBER CRIME IN INDIA: AN OVERVIEW

Nidhi Kataria Chawla (Assistant Professor)1, Aarti Singh ( Assistant Professor)2

Babu Banarsi Das University Lucknow(U.P)

ernidhikataria@gmail.com, aarti.singh18octgmail.com

ABSTRACT spying, child pornography, kidnapping children


via chat rooms, scams, cyber terrorism, creation
Cybercrimes are the Offences that are
and distribution of viruses, Spam etc.[1]. The
committed by individuals or groups of
exact definitions of “cybercrime” is
individuals with a criminal motive to
“Cybercrimes is defined as any type of illegal
intentionally harm the victim using
activity that makes use of the Internet, a private
telecommunication networks such as Internet
or public network, or an in-house computer
[0]. They are responsible for creating the
system[2]. Many forms of cybercrime revolve
disturbance in normal computer functioning and
around the unauthorized use of proprietary
create many problems for companies. This
information. As cyber crimes are a growing day
research paper aims to discuss following aspects
by day around the world, many countries have
of Cybercrimes: the definition, why they occur,
started to implement laws and other regulatory
methods of committing cyber crimes, year wise
mechanisms to minimize the incidence of
record of cyber crimes and their comparison.
cybercrime.
Also, this report will display statistical data
which will give an idea of how far cybercrimes
has increase over the period of five years. 1.1 Types of Cybercrimes
Keywords: Introduction, Types of crimes, Cybercrime ranges variety of activities. Cyber
statistics and their comparison
crime can be basically divided into three major

1 INTRODUCTION categories:

With the evolution of the Internet, there is A. Cyber crimes against persons like

another insurrection of crime where the initiator harassment occur in cyberspace or

commits crime and offences on the World Wide through the use of cyberspace.

Web.Cyber crime is a crime that is committed Harassment can be sexual, racial,

on the Internet, using the Internet and by means religious, or other.

of the Internet like phishing, credit card frauds, B. Cyber crimes against property like

bank robbery, illegal downloading, industrial computer wreckage (destruction of


others' property), transmission of  Cracking: It is one of the serious cyber
harmful programs, unauthorized crimes known till date .Cracking means
trespassing, unauthorized possession of that a stranger has broken into your
computer information. computer systems without your
C. Cyber crimes against government like knowledge and consent and has
Cyber terrorism [3]. tampered with precious confidential data
and information.
A Crimes against persons are:-  E-Mail Spoofing: A spoofed e-mail
may be said to be one, which
 Cyber-Stalking: It means to create
misrepresents its origin. It shows its
physical threat that creates fear to use
origin to be different from which
the computer technology such as
actually it originates.
internet, e-mail, phones, text messages,
 SMS Spoofing: Spoofing is a blocking
webcam, websites or videos.
through spam which means the
 Dissemination of Obscene Material: It
unwanted uninvited messages.
includes Indecent exposure/
Wrongdoer steals mobile phone number
Pornography (basically child
of any person and sending SMS via
pornography), hosting of web site
internet and receiver gets the SMS from
containing these prohibited materials.
the mobile phone number of the victim.
These obscene matters may cause harm
It is very serious cyber crime against
to the mind of the adolescent and tend to
any individual.
deprave or corrupt their mind.
 Carding: It means false ATM cards i.e.
 Defamation: It is an act of imputing any
Debit and Credit cards used by criminals
person to lower down the dignity of the
for their monetary benefits through
person by hacking his mail account and
withdrawing money from the victim’s
sending some mails with using vulgar
bank account mala-fidely. There is
language to unknown persons mail
always unauthorized use of ATM cards
account.
in this type of cyber crimes.
 Hacking: It means unauthorized
 Cheating & Fraud: It means the person
control/access over computer system
who is doing the act of cyber crime i.e.
and act of hacking completely destroys
stealing password and data storage has
the whole data as well as computer
done it with having guilty mind which
programmes. Hackers usually hacks
leads to fraud and cheating.
telecommunication and mobile network.
 Child Pornography: It involves the use something similar to that previously. For
of computer networks to create, example two similar names i.e.
distribute, or access materials that www.yahoo.com and www.yaahoo.com.
sexually exploit underage children.  Cyber Vandalism: Vandalism means
 Assault by Threat: refers to threatening deliberately destroying or damaging
a person with fear for their lives or lives property of another. Thus cyber
of their families through the use of a vandalism means destroying or
computer network i.e. E-mail, videos or damaging the data when a network
phones [4]. service is stopped or disrupted. It may
include within its purview any kind of
B Crimes against Property: physical harm done to the computer of
As there is rapid growth in the international any person. These acts may take the
trade where businesses and consumers are form of the theft of a computer, some
increasingly using computers to create, transmit part of a computer or a peripheral
and to store information in the electronic form attached to the computer.
instead of traditional paper documents. There are  Hacking Computer System:
certain offences which affects person’s property Hacktivism attacks those included
which are as follows: Famous Twitter, blogging platform by
unauthorized access/control over the
 Intellectual Property Crimes: computer. Due to the hacking activity
Intellectual property consists of a bundle there will be loss of data as well as
of rights. Any unlawful act by which the computer. Also research especially
owner is deprived completely or indicates that those attacks were not
partially of his rights is an offence. The mainly intended for financial gain too
common form of IPR violation may be and to diminish the reputation of
said to be software piracy, infringement particular person or company.
of copyright, trademark, patents, designs  Transmitting Virus: Viruses are
and service mark violation, theft of programs that attach themselves to a
computer source code, etc. computer or a file and then circulate
 Cyber Squatting: It means where two themselves to other files and to other
persons claim for the same Domain computers on a network. They usually
Name either by claiming that they had affect the data on a computer, either by
registered the name first on by right of altering or deleting it. Worm attacks
using it before the other or using
plays major role in affecting the form of these terrorist attacks on the
computerize system of the individuals. Internet is by distributed denial of
 Cyber Trespass: It means to access service attacks, hate websites and hate e-
someone’s computer without the right mails, attacks on sensitive computer
authorization of the owner and does not networks etc. Cyber terrorism activities
disturb, alter, misuse, or damage data or endanger the sovereignty and integrity
system by using wireless internet of the nation.
connection.  Cyber Warfare: It refers to politically
 Internet Time Thefts: Basically, motivated hacking to damage and
Internet time theft comes under hacking. spying. It is a form of information
It is the use by an unauthorized person, warfare sometimes seen as analogous to
of the Internet hours paid for by another conventional warfare although this
person. The person who gets access to analogy is controversial for both its
someone else’s ISP user ID and accuracy and its political motivation.
password, either by hacking or by  Distribution of pirated software: It
gaining access to it by illegal means, means distributing pirated software from
uses it to access the Internet without the one computer to another intending to
other person’s knowledge. You can destroy the data and official records of
identify time theft if your Internet time the government.
has to be recharged often, despite  Possession of Unauthorized
infrequent usage. Information: It is very easy to access
any information by the terrorists with
C. Cybercrimes against Government: the aid of internet and to possess that
information for political, religious,
There are certain offences done by group of
social, ideological objectives.
persons intending to threaten the international
governments by using internet facilities. It Some other Cybercrimes against Society are An
includes: unlawful act done with the intention of causing
harm to the cyberspace will affect large number
 Cyber Terrorism: Cyber terrorism is a
of persons. These offences includes: Child
major burning issue in the domestic as
Pornography, Cyber Trafficking, Online
well as global concern. The common
Gambling, Financial Crimes, and Forgery.
Table 1: Percentage variation of cyber crimes registered and persons arrested in 2008 to 2012

S.No Crimes Case Registered % Persons Arrested %


Variati Variatio
on n in
in 2012 2012
over over
2011 2011
2008 2009 2010 2011 2012 2008 2009 2010 2011 2012
1. Fraud Digital 3 4 3 157 176 12.1 3 0 6 8 134 97.1
Signature
Certificate
2. Tampering 26 21 64 94 161 71.3 26 6 79 66 104 57.6
computer source
documents
3. Obscene 105 139 328 496 589 18.8 90 141 361 443 497 12.2
publication/trans
mission in
electronic
form
4. Breach of 8 10 15 26 46 76.9 3 3 5 27 22 -18.5
confidentiality/pr
ivacy
5. Publishing false 0 1 2 3 1 -66.7 0 0 0 1 0 -100.0
Digital Signature
Certificate
6. Un-authorized 3 7 3 5 3 -40.0 0 1 16 15 1 -93.3
access/attempt to
access to
protected
computer system
7. Loss/damage to 56 115 346 826 1440 74.3 41 63 233 487 612 25.7
computer
resource/utility
8. Hacking 82 118 164 157 435 177.1 15 44 61 65 137 110.8

9. Obtaining 0 1 9 6 6 0.0 11 0 1 0 5 -
licence or Digital
Signature
Certificate by
misrepresentatio
n/suppression
of fact
TTotal 283 416 934 1770 2857 189 258 1020 1112 1512
o
t
a
l
[7]
Pie Charts to show the variation of case registered from 2008-2012

2008 2009

1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9
1% 5%
0%
0% 1%

9%
29% 28%
34%
37%
20% 28%

1% 0% 3% 2% 0% 2%

2010 2011

1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9
0%
1% 0%
5%
7% 9% 9%
18%

35%
28%
47%
37%

2%
0% 0% 0% 0% 2%

2012
1 2 3 4 5 6 7 8 9
0% 6% 6%

15%
21%
50% 2%
0% 0%

Conclusion: [5]http://www.iibf.org.in/documents/Cyber-

From above table we can conclude that Laws-chapter-in-Legal-Aspects-Book.pdf


from 2008 to 2012 the cyber crimes are
[6]http://www.naavi.org/cl_editorial_04/suhas
continuously increasing but except publishing
false Digital Signature Certificate, this crime _katti_case.htm
was decreased in 2012 in comparison of 2012.
[7]Rupinder Pal Kaur, IJECS Volume 2 Issue 8
There is highly increase in loss /damage to
computer resource /utility and hacking crimes in August, 2013 Page No.2555-2559

2012.On the other side we see the person


arrested against there crimes are also increased.
This is the good sign that our government is
quite attentive now in respect of cyber crimes.
There are number of laws against cyber crimes.

References

[0]https://en.wikipedia.org/wiki/Cybercrime

[1]http://www.cyberlawsindia.net/internet-
crime.html

[2] http://www.legalindia.in/cyber-crimes-and-
the-law

[3]http://www.slideshare.net/likanpatra/cyber-
crime-25646273

[4] http://www.wisegeek.com/what-is-

cybercrime.htm