Crimes in Cyberspace: Right to Privacy and Other Issues - Academike

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Page 2 of 33httpwwwlawctopuscomacademikecyber-crimes-other-liabilities

procedural part

INTRODUCTION

ldquoWhen a man is denied the right to live the life he believes in he has no choice but to become

an outlawrdquo

Nelson Mandela

What does crime mean

Crime in modern times this term doesnrsquot have any universally accepted definition but one can

define crime also called an offence as an act harmful not only to some individual but also to

the community or the state also known as public wrong Such acts are forbidden and

punishable by law What is a criminal offence is defined by criminal law of each country While

many countries have a crime catalogue known as the criminal code however in some common

law countries no such comprehensive statute exists

The state has the power to severely restrict onersquos liberty for committing a crime Modern

societies therefore adopt and adhere a criminal procedure during the investigation and trial of

the offence and only if found guilty the offender may be sentenced to various punishmentssuch as life imprisonment or in some jurisdictions like in India even death

To be classified as a crime the act of doing something bad also called as actus reus must be

usually accompanied by the intention to do something bad ie mens rea with certain

exceptions like strict liability

What is cyber crime

Cyber crime is any criminal activity in which a computer or network is the source target or tool

or place of crime According to The Cambridge English Dictionary cyber crimes are the crimes

committed with the use of computers or relating to computers especially through the internet

Crimes which involve use of information or usage of electronic means in furtherance of crime are

covered under the ambit of cyber crime Cyber space crimes may be committed against

persons property government and society at large

The common types of cyber crimes are-





1 Hacking ndash An unauthorized user who attempts to or gains access to an information

system is known as hacker Hacking is a cyber crime even if there is no visible damage to

the system because it is an invasion in to the privacy of data

There are 3 dierent classes of Hackers

a) White Hat Hackers ndash They are those hackers who believe that information sharing is good

and that it is their duty to share their expertise by facilitating access to information However

there are some white hat hackers who are just ldquojoy ridingrdquo on computer systems

b) Black Hat Hackers ndash Black hat hackers cause damage after intrusion They may steal or

modify data or insert viruses or worms which damage the system They are also known as

crackers

c) Grey Hat Hackers ndash These type of hackers are typically ethical but occasionally they can

violate the hacker ethics They will hack into networks stand-alone computers and software

Network hackers try to gain unauthorized access to private computer networks just for

challenge curiosity and distribution of information

2 Cyber Stalking ndash Cyber stalking involves use of internet to harass someone The behavior

includes false accusations threats etc Normally majority of cyber stalkers are men and themajority of victims are women

3 Spamming ndash Spamming is sending of unsolicited bulk and commercial messages over the

internet Although irritating to most email users it is not illegal unless it causes damage such as

overloading network and disrupting service to subscribers or creates negative impact on

consumer attitudes towards Internet Service Provider

4 Cyber Pornography ndash With the increasing approach of internet to the people there is also

a increase in the victimization of Women and children for sexual exploitation through internet

Pedophiles (a person 16 years of age or older who is primarily or exclusively sexually attracted

to children who have not begun puberty) use the internet to send photos of illegal child

pornography to targeted children so as to attract children to such funs and later they are

sexually exploited for gains

5 Cyber Phishing ndash It is a criminally fraudulent process in which cyber criminal acquiressensitive information such as username passwords and credit card details by disguising as a





trustworthy entity in an electronic communication

6 Software Piracy ndash It is an illegal reproduction and distribution of software for business or

personal use This is considered to be a type of infringement of copy right and a violation of a

license agreement Since the unauthorized user is not a party to the license agreement it is

difficult to find out remedies There are numerous cases of software piracy Infact according to

one report New Delhirsquos Nehru market is the Asiarsquos largest market where one can easily find

pirated software

7 Corporate Espionage ndash It means theft of trade secrets through illegal means such as wire

taps or illegal intrusions

8 Money Laundering ndash Money laundering basically means the moving of illegally acquired

cash through financial and other systems so that it appears to be legally acquired This is

possible prior to computer and internet technology and now times electronic transfers have

made it easier and more successful

9 Embezzlement - Internet facilities are misused to commit this crime It is the unlawful

misappropriation of money property or any other thing of value that has been entrusted to the

offenderrsquos care custody or control

10 Password Sniers ndash These are programs that monitor and record the name and password

of network users as they log in jeopardizing security at a site Whoever installs the sniffer can

impersonate an authorized user and log in to access on restricted documents

11 Spoofing ndash Spoofing is the act of disguising one computer to electronically ldquolookrdquo like

another compute in order to gain access to a system that would be normally is restricted

12 Credit Card Fraud ndash In USA half a billion dollars have been lost annually by consumers

who have credit cards and calling card numbers These are stolen from on-line databases In

present world this cyber crime is emerged as a major threat as numerous cases had been filed

in almost every major developed and developing country

13 Web Jacking ndash The term refers to forceful taking of control of a web site by cracking the

password

14 Cyber terrorism ndash The use of computer resources to intimidate or coerce government the





civilian population or any segment thereof in furtherance of political or social objectives is called

cyber terrorism Individuals and groups quite often try to exploit anonymous character of the

internet to threaten governments and terrorize the citizens of the country [1]

EVOLUTION amp PRESENT DEVELOPMENT

ldquoCyber bullies can hide behind a mask of anonymity online and do not need direct physical

access to their victims to do unimaginable harmrdquo -Anna Maria Chavez

Crime is both a social as well as a economic phenomenon Its history is as old as human

society Many books right from the pre-historic days and mythological stories have spoken

about crimes committed by individuals be it against another individual like ordinary theft and

burglary or against the nation like spying treason etc Kautilyarsquos Arthashastra which is written

around 350 BC considered to be an authentic administrative treatise in India discusses the

various crimes security initiatives to be taken by the rulers possible crimes in a state etc and

also advocates punishment for the list of some stipulated offences Different kinds of

punishments have been prescribed for listed offences and the concept of restoration of loss to

the victims has also been discussed in it

Crime in any form adversely affects all the members of the society In developing economies

cyber crime has increased at rapid strides due to the rapid diffusion of the Internet and thedigitization of economic activities Thanks to the huge penetration of technology in almost all

walks of society right from corporate governance and state administration up to the lowest level

of petty shop keepers computerizing their billing system we find computers and other

electronic devices pervading the human life The penetration is so deep that man cannot spend

a day without computers or a mobile Snatching some onersquos mobile will tantamount to dumping

one in solitary confinement

Internet is the fastest technique on earth that one can find these days and for everything it is the

best solution that people consider looking into It has all the benefits and advantages like

communication advertisement online movie and songs downloads emailing instant

messaging and searching out the concerns and issues there are plenty of things that internet

has got wrong as well There are different kinds of internet scams and frauds that are happening

and one needs to be very careful This is something that has been bothering individuals and

organizations ever since internet was introduced and many a time simple things could make

you a victim even when you are unaware of it





It is rightly said that technological development in every area is likely to cause drastic effects in

every walk of life The scientific and technological advancement especially in the field of

communication and information have created havoc thus opening new vistas for the human

beings including the criminals Todayrsquos crime reports reveal that many cyber crimes are

committed by assistance of internet and cell phones On the other hand legislatures have been

compelled to frame exclusive enactments to deal with crimes committed with the help of

concerned device If one is to believe newspaper reports many scandals such as CD rackets

were busted by the police It is other side of revolution in the field of information and technology

Under the Information Technology Act 2000 there is a apparatus defined as ldquocomputerrdquo which

means ldquoAny electronic magnetic optical or other high speed data processing device or system

which performs logical arithmetical and memory functions by manipulations of electronic

magnetic or optical impulses and all input output processing storage computer software or

communication facilities which are connected and related to the computer in a computer

system or computer networkrdquo [2]

Development of Cyber Crime-

Cyber Crime is neither defined in the IT Act 2000 nor in the IT Amendment Act 2008 nor in any

other legislation in India To define cyber crime we can say it is just a combination of crime and

computer To put it in simple terms lsquoany offence or crime in which a computer is used is a cyber

crimersquo Interestingly even a petty offence like stealing or pick-pocket can be brought within thebroader purview of cyber crime if the basic data or aid to such an offence is a computer or

information stored in a computer used (or misused) by the fraudster It could be hackers

vandalizing onersquos site viewing confidential information or stealing trade secrets or intellectual

property with the use of internet It can also include lsquodenial of servicesrsquo and viruses attacks

preventing regular traffic from reaching your site

Cyber crimes also includes criminal activities done with the use of computers which further

perpetuates crimes ie financial crimes sale of illegal articles pornography online gambling

intellectual property crime e-mail spoofing forgery cyber defamation cyber stalking

unauthorized access to Computer system theft of information contained in the electronic form

e-mail bombing physically damaging the computer system etc In a cyber crime computer or

the data itself is the target or the object of offence or a tool in committing some other offence

providing the necessary inputs for that offence All such acts of crime will come under the

broader definition of cyber crime

In the past cybercrime has been committed by individuals or small groups of individuals





However we are now seeing an emerging trend with traditional organized crime syndicates and

criminally minded technology professionals working together and pooling their resources and

expertise

This approach has been very effective for the criminals involved In 2007 and 2008 the cost of

cybercrime worldwide was estimated at approximately USD 8 billion As for corporate cyber

espionage cyber criminals have stolen intellectual property from businesses worldwide worth

up to USD 1 trillion

Categories of Cyber Crimes

Cyber crimes can be classified into following different categories

i) Crimes Against Persons

Harassment via E-Mails Harassment through sending letters attachments of files amp

folders ie via e-mails At present harassment is common as usage of social sites ie

Orkut hangout zapak Facebook Twitter etc increasing day by day

Cracking It is amongst the gravest cyber crimes known till date In this a cyber criminal

broke into your computer systems without your knowledge and consent and Tamperewith your precious confidential data and information

Cyber-Stalking It means expressed or implied a physical threat that creates fear through

the use to computer technology such as internet e-mail phones text messages

webcam websites or videos

Hacking It means unauthorized controlaccess over computer system and act of hacking

completely destroys the whole data as well as computer program Hackers usually hacks

telecommunication and mobile network

Dissemination of Obscene Material It includes Indecent exposure Pornography (basically

child pornography) hosting of web site containing these prohibited materials These

obscene matters may cause harm to the mind of the adolescent and tend to deprave or

corrupt their mind This can create a huge blunder in the society

SMS Spoofing Spoofing is a blocking through spam which means the unwanted







As a result of rapid growth in the international trade where businesses and consumers are

increasingly using computers to create transmit and to store information in the electronic form

instead of traditional paper documents there are some of the offences which affect personrsquos

property

Intellectual Property Crimes Any unlawful act by which the owner is deprived completely

or partially of his rights is an offence The common form of IPR violation may be said to be

software piracy infringement of copyright trademark patents designs and service mark

violation theft of computer source code etc

Cybersquatting It means where two persons claim for the same Domain Name either by

claiming that they had registered the name first on by right of using it before the other or

using something similar to that previously For example two similar names ie

wwwyahoocomand wwwyaahoocom

Cyber Vandalism Vandalism means deliberately destroying or damaging property of

another Hence cyber vandalism means destroying or damaging the data when a network

service is stopped or disrupted It may include within its purview any kind of physical harm

done to the computer of any person These acts may take the form of the theft of a

computer some part of a computer or a peripheral attached to the computer

Hacking Computer System Due to the hacking activity there will be loss of data as well

as computer Also research especially indicates that those attacks were not mainly

intended for financial gain too and to diminish the reputation of particular person or

company

Transmitting Virus Viruses are programs that attach themselves to a computer or a file

and then circulate themselves to other files and to other computers on a network They

usually affect the data on a computer either by altering or deleting it Worm attacks plays

major role in affecting the computerize system of the individuals

Cyber Trespass It means to access someonersquos computer without the right authorization

of the owner and does not disturb alter misuse or damage data or system by using

wireless internet connection

Internet Time Thefts Basically Internet time theft comes under hacking It is the use by anunauthorized person of the Internet hours paid for by another person The person who






1 of 33httpwwwlawctopuscomacademikecyber-crimes-other-liabilities

Cyber Trafficking It may be trafficking in drugs human beings arms weapons etc which

affects large number of persons Trafficking in the cyberspace is also a gravest crime

Online Gambling Online fraud and cheating is one of the most lucrative businesses that

are growing today in the cyber space There are many cases that have come to light are

those pertaining to credit card crimes contractual crimes offering jobs etc [3]

Financial Crimes This type of offence is common as there is rapid growth in the users of

networking sites and phone networking where culprit will try to attack by sending bogus

mails or messages through internet Ex Using credit cards by obtaining password illegally

[4]

Forgery It means to deceive large number of persons by sending threatening mails as

online business transactions are becoming the habitual need of todayrsquos life style [5]

NEED FOR CYBER LAWS

Information technology has spread throughout the world As the user of cyberspace grows

increasingly diverse and the range of online interaction expands there is expansion in the cyber

crimes ie breach of online contracts perpetration of online torts and crimes etc Due to the

consequences there was need to adopt a strict law by the cyber space authority to regulatecriminal activities relating to cyber and to provide better administration of justice to the victim of

cyber crime In the modern cyber technology world it is very much necessary to regulate cyber

crimes and most importantly cyber law should be made stricter in the case of cyber terrorism

and hackers

Cyber law it is a term that encapsulates the legal issues related to use of communicative

transactional and distributive aspects of networked information devices and technologies It is

less a distinct field of law than property or contract law as it is a domain covering many areas of

law and regulation IT Law is a set of recent legal enactments currently in existence in several

countries which governs the process and dissemination of information digitally These legal

enactments cover a broad gamut of different aspects relating to computer software protection

of computer software access and control of digital information privacy security internet access

and usage and electronic commerce These laws have been described as ldquopaper lawsrdquo for

ldquopaperless environmentrdquo

IT legislation in India Mid 90rsquos saw an impetus in globalization and computerization with





more and more nations computerizing their governance and e-commerce seeing an enormous

growth Previously most of international trade and transactions were done through documents

being transmitted through post and by telex only Evidences and records until then were

predominantly paper evidences and paper records or other forms of hard-copies only With

much of international trade being done through electronic communication and with email

gaining momentum an urgent and imminent need was felt for recognizing electronic records ie

The data what is stored in a computer or an external storage attached thereto The United

Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on e-

commerce in 1996 The General Assembly of United Nations passed a resolution in January

1997 inter alia recommending all States in the UN to give favorable considerations to the said

Model Law which provides for recognition to electronic records and according it the same

treatment like a paper communication and record

Objectives of IT legislation in India It is against this background the Government of India

enacted its Information Technology Act 2000 with the objectives as follows stated in the

preface to the Act itself ldquoto provide legal recognition for transactions carried out by means of

electronic data interchange and other means of electronic communication commonly referred

to as ldquoelectronic commercerdquo which involve the use of alternatives to paper-based methods of

communication and storage of information to facilitate electronic filing of documents with the

Government agencies and further to amend the Indian Penal Code the Indian Evidence Act

1872 the Bankersrsquo Books Evidence Act 1891 and the Reserve Bank of India Act 1934 and formatters connected therewith or incidental theretordquo

The Information Technology Act 2000 was thus passed as the Act No21 of 2000 got

Presidentrsquos assent on 9 June and was made effective from 17 October 2000

The Act essentially deals with the following issues

Legal Recognition of Electronic Documents

Legal Recognition of Digital Signatures

Offenses and Contraventions

Justice Dispensation Systems for cyber crimes [6]

Amendment Act 2008 Being the first legislation in the nation on technology computers and

ecommerce and e-communication the Act was the subject of extensive debates elaborate

reviews and detailed criticisms with one arm of the industry criticizing some sections of the Actto be draconian and other stating it is too diluted and lenient There were some conspicuous





omissions too resulting in the investigators relying more and more on the time-tested (one and

half century-old) Indian Penal Code even in technology based cases with the IT Act also being

referred in the process and the reliance more on IPC rather on the ITA

Thus the need for an amendment ndash a detailed one ndash was felt for the IT Act almost from the year

2003-04 themselves Major industry bodies were consulted and advisory groups were formed

to go into the perceived lacunae in the IT Act and comparing it with similar legislations in other

nations and to suggest recommendations Such recommendations were analyzed and

subsequently taken up as a comprehensive Amendment Act and after considerable

administrative procedures the consolidated amendment called the Information Technology

Amendment Act 2008 was placed in the Parliament and passed without much debate towards

the end of 2008 This

Amendment Act got the President assent on 5 Feb 2009 and was made effective from 27

October 2009

Some of the notable features of the ITAA are as follows

Focusing on data privacy

Focusing on Information Security

Defining cyber cafeacuteMaking digital signature technology neutral

Defining reasonable security practices to be followed by corporate

Redefining the role of intermediaries

Recognizing the role of Indian Computer Emergency Response Team

Inclusion of some additional cyber crimes like child pornography and cyber terrorism

Authorizing an Inspector to investigate cyber offences (as against the DSP earlier)

INDIAN PERSPECTIVE

Talking about Indian scenario of cyber space crimes and cyber space laws there was no statute

in India for governing Cyber Laws involving privacy issues jurisdiction issues intellectual

property rights issues and a number of other legal questions With the tendency of misusing of

technology there arisen a need of strict statutory laws to regulate the criminal activities in the

cyber world and to protect the true sense of technology IT ACT 2000 was enacted by

Parliament of India to protect the field of e-commerce e-governance e-banking as well aspenalties and punishments in the field of cyber crimes The above Act was further amended in





the form of IT Amendment Act 2008 Also certain sections of IPC and as some cyber space

crime are invading right to privacy article 21 of Indian constitution are some governing laws for

cyber space crime which imposes various liabilities in India

CONSTITUTIONAL LIABILITY

Hacking into someonersquos private property or stealing some onersquos intellectual work is a complete

violation of his right to privacy The Indian constitution does not specifically provide the ldquoright to

privacyrdquo as one of the fundamental rights guaranteed to the Indian citizens but it is protected

under IPC

Right to privacy is an important natural need of every human being as it creates boundaries

around an individual where the other personrsquos entry is restricted The right to privacy prohibits

interference or intrusion in others private life The apex court of India has clearly affirmed in its

judicial pronouncements that right to privacy is very much a part of the fundamental right

guaranteed under article 21 of the Indian constitution

Thus right to privacy is coming under the expended ambit of article 21 of Indian constitution So

whenever there is some cyber crime which is related to the persons private property or its

personal stuff then the accused can be charged of violation of article 21 of Indian constitution

and prescribed remedy can be invoked against the accused

CRIMINAL LIABILITY

Criminal liability in India for cyber crimes is defined under the Indian Penal Code (IPC) Certain

Following sections of IPC deal with the various cyber crimes

Sending threatening messages by e-mail (Sec 503 IPC)

Word gesture or act intended to insult the modesty of a woman (Sec509 IPC)

Sending defamatory messages by e-mail (Sec 499 IPC)

Bogus websites Cyber Frauds (Sec 420 IPC)

E-mail Spoofing (Sec 463 IPC )

Making a false document (Sec464 IPC)

Forgery for purpose of cheating (Sec468 IPC)

Forgery for purpose of harming reputation (Sec469 IPC)

Web-Jacking (Sec 383 IPC)E-mail Abuse (Sec 500 IPC)





Punishment for criminal intimidation (Sec506 IPC)

Criminal intimidation by an anonymous communication (Sec507 IPC)

Obscenity (Sec 292 IPC )

Printing etc of grossly indecent or scurrilous matter or matter intended for blackmail

(Sec292A IPC)

Sale etc of obscene objects to young person (Sec 293 IPC)

Obscene acts and songs (Sec294 IPC )

Theft of Computer Hardware (Sec 378 )

Punishment for theft (Sec379 )

Other then the IPC some other piece of legislations also imposes criminal liability on the

accused and these legislations are-

Online Sale of Drugs (NDPS Act )

Online Sale of Arms (Arms Act )

Copyright infringement (Sec51 of copyright act 1957)

Any person who knowingly infringes or abets the infringement of (Sec63 of copyright act

1957)

Enhanced penalty on second and subsequent convictions (Sec63 A of copyright act

1957)

Knowing use of infringing copy of computer program to be an offence (Sec63B of

copyright act 1957)

The applications of these sections are subject to the investigating style of investigating officer

and charge sheet filed by the investigating agency and nature of cyber crime

In India there are number of cases filed under these IPC provisions related to the cyber crime

According to the report of Home Ministry in 2012 there are 601 cases filed under the various

provisions of IPC [7]

TORTIOUS LIABILITY

Basic liability in cyber crime is established through the principle of neighborhood established

from the case of Donoghue v Stevenson But the major tortuous liability in cyber crimes is

through Information Technology Act 2000 (as amended)

In India the Information Technology Act 2000 was passed to provide legal recognition for

transactions carried out by means of electronic communication The Act deals with the lawrelating to Digital Contracts Digital Property and Digital Rights Any violation of these laws





constitutes a crime The Act prescribes very high punishments for such crimes The Information

Technology (amendment) Act 2008(Act 10 of 2009) has further enhanced the punishments

Life imprisonment and fine upto rupees ten lakhs may be given for certain classes of cyber

crimes Compensation up to rupees five crores can be given to affected persons if damage is

done to the computer computer system or computer network by the introduction of virus

denial of services etc

The following sections are dealing with the cyber crimes

Penalty and Compensation for damage to computer computer system etc (sec 43 IT

act)

Compensation for failure to protect data (sec 43A IT Act)

Tampering with computer source Documents (sec 65 IT Act)

Hacking with computer systems Data Alteration (sec 66 IT Act)

Sending offensive messages through communication service etc (sec 66A IT Act)

Dishonestly receiving stolen computer resource or communication device (sec 66B IT

Act)

Identity theft (sec 66C IT Act)

Cheating by personating by using computer resource (sec 66D IT Act)

Violation of privacy (sec 66E IT Act)

Cyber terrorism (sec 66F Act)Publishing or transmitting obscene material in electronic form (sec 67 IT Act)

Publishing or transmitting of material containing sexually explicit act etc in electronic form

(sec 67A IT Act)

Punishment for publishing or transmitting of material depicting children in sexually explicit

act etc in electronic form (sec 67B IT Act)

Preservation and Retention of information by intermediaries (sec67C IT Act)

Powers to issue directions for interception or monitoring or decryption of any information

through any computer resource (sec 69 IT Act)

Power to issue directions for blocking for public access of any information through any

computer resource (sec 69A IT Act)

Power to authorize to monitor and collect traffic data or information through any computer

resource for Cyber Security (sec 69B IT Act)

Un-authorized access to protected system (sec 70 IT Act)

Penalty for misrepresentation (sec 71 IT Act)

Breach of confidentiality and privacy (sec 72 IT Act)Publishing False digital signature certificates (sec 73 IT Act)





Publication for fraudulent purpose (sec 74 IT Act)

Act to apply for offence or contraventions committed outside India (sec 75 IT Act)

Compensation penalties or confiscation not to interfere with other punishment

(sec 77 IT Act)

Compounding of Offences (sec77A IT Act)

Offences with three years imprisonment to be cognizable (sec 77B IT Act)

Exemption from liability of intermediary in certain cases (sec 79 IT Act)

Punishment for abetment of offences (sec 84B IT Act)

Punishment for attempt to commit offences (sec 84C IT Act)

Offences by Companies (sec 85 IT Act)



In India there are number of cases filed under these IT provisions related to the cyber crime

According to the report of Home ministry of India In 2012 there are 2876 cases filed under the

various provisions of IT act [9]

ANALYSIS OF INDIAN CYBER LAWS AND

POLICING SYSTEMNoted cyber law expert in the nation and Supreme Court advocate Shri Pavan Duggal ldquoWhile

the lawmakers have to be complemented for their admirable work removing various deficiencies

in the Indian Cyber law and making it technologically neutral yet it appears that there has been

a major mismatch between the expectation of the nation and the resultant effect of the

amended legislation The most bizarre and startling aspect of the new amendments is that

these amendments seek to make the Indian cyber law a cyber crime friendly legislation ndash a

legislation that goes extremely soft on cyber criminals with a soft heart a legislation thatchooses to encourage cyber criminals by lessening the quantum of punishment accorded to

them under the existing law hellip a legislation which makes a majority of cybercrimes stipulated

under the IT Act as bailable offences a legislation that is likely to pave way for India to become

the potential cyber crime capital of the worldhelliphelliprdquo [11]

Let us not be pessimistic that the existing legislation is cyber criminal friendly or paves the way

to increase crimes Certainly it does not It is a commendable piece of legislation a landmark

first step and a remarkable mile-stone in the technological growth of the nation But let us not

be complacent that the existing law would suffice Let us remember that the criminals always go





faster than the investigators and always try to be one step ahead in technology

There are several loopholes in IT Act as-

The hurry in which the legislation was passed without sufficient public debate did not

really serve the desired purpose Experts are of the opinion that one of the reasons for the

inadequacy of the legislation has been the hurry in which it was passed by the parliament

and it is also a fact that sufficient time was not given for public debate But many

problems of the act were amended by the amended act of 2008 [12]

Uniform law

Mr Vinod Kumar holds the opinion that the need of the hour is a worldwide uniform cyber law to

combat cyber crime Cyber crime is a global phenomenon and therefore the initiative to fight it

should come from the same level [13]

Lack of awareness

The Act of 2000 is not achieving complete success because of the lack of awareness among

the masses about their rights Further most of the cases are going unreported If only the people

are vigilant about their rights can the law protect their rights

Raising a cyber army-

There is a need for a well equipped task force to deal with the new trends of hi tech crime The

government has taken a leap in this direction by constituting cyber crime cells in all metropolitan

and other important cities Further the establishment of the Cyber Crime Investigation Cell

(CCIC) of the Central Bureau of Investigation (CBI)

Cyber savvy bench

Cyber savvy judges 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 PIL which

the Kerala High Court has accepted through an email

Dynamic form of cyber crime





Speaking on the dynamic nature of cyber crime FBI Director Louis Freeh has said ldquoIn short

even though we have markedly improved our capabilities to fight cyber intrusions the problem is

growing even faster and we are falling further behindrdquo The (de)creativity of human mind cannot

be checked by any law Thus the only way out is the liberal construction while applying the

statutory provisions to cyber crime cases

Hesitation to report offences

As stated above one of the fatal drawbacks of the Act has been the cases going unreported

One obvious reason is the non-cooperative police force ldquoThe police are a powerful force today

which can play an instrumental role in preventing cybercrime At the same time it can also end

up wielding the rod and harassing innocents preventing them from going about their normal

cyber businessrdquo For complete realization of the provisions of this Act a cooperative police force

is required [14]

Apart from these loopholes and problems the present form of police system and many police

officials are not familiar with the cyber crimes and they need training to be familiar with the

ldquoModus operandirdquo of cyber crimes though the existing relevant act is comprehensive legislation

but from the practical point of view there are some shortcomings in the errant form of the act It

is the need of the hour that the efficiency of police system at all ranks should be upgraded in

terms of cyber crimes The immoral lethal minds of criminals take advantages of inefficientpolice system

Both bench and Bar should realize the extent of cyber crimes They should familiarize

themselves with the intricacies of cyber law otherwise they would find it extremely difficult to

deal with cyber crime cases

CYBER CRIME CASES IN INDIAPune Citibank Mphasis Call Center Fraud

It is a case of sourcing engineering US $ 3 50000 from City bank accounts of four US

customers were dishonestly transferred to bogus accounts in Pune through internet Some

employees of a call centre gained the confidence of the

US customers and obtained their PIN numbers under the guise of helping the customers out of difficult situations Later they used these numbers to commit fraud By April 2005 the Indian





police had tipped off to the scam by a US bank and quickly identified the individuals involved

in the scam Arrests were made when those individuals attempted to withdraw cash from the

falsified accounts $426000 was stolen the amount recovered was $230000

Court held that Section 43(a) was applicable here due to the nature of unauthorized access

involved to commit transactions

State of Tamil Nadu Vs Suhas Katti

The case related to posting of obscene defamatory and annoying message about a divorcee

woman in the yahoo message group E-Mails were also forwarded to the victim for information

by the accused through a false e-mail account opened by him in the name of the victim The

posting of the message resulted in annoying phone calls to the lady in the belief that she was

soliciting Based on a complaint made by the victim in February 2004 the Police traced the

accused to Mumbai and arrested him within the next few days This is considered as the first

case in the state of Tamil Nadu in which the offender was convicted under section 67 of

Information Technology Act 2000 in India

The Bank NSP Case

The Bank NSP case is the one where a management trainee of the bank was engaged to bemarried The couple exchanged many emails using the company computers After some time

the two broke up and the girl created fraudulent email ids such as ldquoIndian bar associationsrdquo and

sent emails to the boyrsquos foreign clients She used the banks computer to do this The boyrsquos

company lost a large number of clients and took the bank to court The bank was held liable for

the emails sent using the bankrsquos system

SMC Pneumatics (India) Pvt Ltd v Jogesh Kwatra

In this case the defendant Jogesh Kwatra being an employee of the plaintiff company started

sending derogatory defamatory obscene vulgar filthy and abusive emails to his employers as

also to different subsidiaries of the said company all over the world with the aim to defame the

company and its Managing Director The Delhi High Court restrained the defendant from

sending derogatory defamatory obscene vulgar humiliating and abusive emails either to the

plaintiffs or to its sister subsidiaries all over the world including their Managing Directors and

their Sales and Marketing departments Further Honrsquoble Judge also restrained the defendantfrom publishing transmitting or causing to be published any information in the actual world as





also in cyberspace which is derogatory or defamatory or abusive of the plaintiffs This order of

Delhi High Court assumes tremendous significance as this is for the first time that an Indian

Court assumes jurisdiction in a matter concerning cyber defamation and grants an injunction

restraining the defendant from defaming the plaintiffs by sending defamatory emails

SonySambandhCom Case

A complaint was filed by Sony India Private Ltd which runs a website called

wwwsonysambandhcom targeting Non Resident Indians In May 2002 someone logged onto

the website under the identity of Barbara Campa and ordered a Sony Colour Television set and

a cordless head phone She gave her credit card number for payment and requested that the

products be delivered to Arif Azim in Noida After one and a half months the credit card agency

informed the company that this was an unauthorized transaction as the real owner had denied

having made the purchase The company lodged a complaint for online cheating at the Central

Bureau of Investigation The court convicted Arif Azim for cheating under Section 418 419 and

420 of the Indian Penal Code This was the first time that a cyber crime has been convicted

The judgment is of immense significance for the entire nation Besides being the first conviction

in a cyber crime matter it has shown that the Indian Penal Code can be effectively applied to

certain categories of cyber crimes which are not covered under the Information Technology Act

2000

Nasscom v Ajay Sood amp Others

The plaintiff in this case was the National Association of Software and Service Companies

(Nasscom) Indiarsquos premier software association The defendants were operating a placement

agency involved in head-hunting and recruitment In order to obtain personal data which they

could use for purposes of head-hunting the defendants composed and sent e-mails to third

parties in the name of Nasscom The High court recognised the trademark rights of the plaintiff

and passed an injunction restraining the defendants from using the trade name or any other

name deceptively similar to Nasscom According to the terms of compromise the defendants

agreed to pay a sum of Rs16 million to the plaintiff as damages for violation of the plaintiffrsquos

trademark rights The Delhi HC stated that even though there is no specific legislation in India to

penalize phishing it held phishing to be an illegal act by defining it under Indian law as ldquoa

misrepresentation made in the course of trade leading to confusion as to the source and origin

of the e-mail causing immense harm not only misusedrdquo The court held that to the consumer

but even to the person whose name identity or password is act of phishing as passing off andtarnishing the plaintiffrsquos image





This case achieves clear milestones It brings the act of ldquophishingrdquo into the ambit of India laws

even in the absence of specific legislation It clears the misconception that there is nordquo damages

culturerdquo in India for violation of IP rights

Bazeecom case

On 9 December 2004 a news item appeared with the Headline ldquoDPS sex video at baazeecomrdquo

The news item stated ldquoIndiarsquos biggest online trading portal baazeecom had listed the said

MMS clip under the title lsquoDPS girls having funrsquo with the member ID of 27877408 CEO of the

website Baazeecom was summoned by the Delhi High Court for having allowed this clip to be

listed for auction under sections 67 and 85 of the IT Act 2000 While Section 67 prohibits

publishing obscene information in electronic form Section 85 allows the prosecution of a

person responsible for the business of a company over violations This incident caused a

sudden panic across the country and many discussions regarding the inefficiency of the IT Act

2000 and the need to amend it started Also after this scandal owing to debates around

culpability liability and prosecution of material on the internet several key judgments were

passed including banning the use of mobile phones in college and school campuses across

India

PNB Pune case

In the largest compensation awarded in legal adjudication of a cyber crime dispute

Maharashtrarsquos IT secretary Rajesh Aggarwal has ordered Punjab National Bank to pay Rs 45

lakh to Manmohan Singh Matharu MD of Pune-based firm Poona Auto Ancillaries A fraudster

had transferred Rs 8010 lakh from Matharursquos account in PNB Pune after Matharu responded

to a phishing email Matharu has been asked to share the liability since he responded to the

phishing mail Matharursquos is one of 13 e-fraud cases all originating in Maharashtra and with an

imprint across six states in which the statersquos IT secretary serving as an adjudicating officer

under the IT Act 2000 last month passed critical orders against nine banks four telecom firms

and two mobile recharge portals These cases cover e-fraud committed through illegal data

access hacking bank accounts cloning credit cards issuing duplicate SIM cards and phishing

among others

Syed Asifuddin and Ors Vs The State of Andhra Pradesh

In this case Tata Indicom employees manipulated the electronic 32- bit number (ESN)programmed into cell phones theft were exclusively franchised to Reliance Infocomm Court





held that tampering with source code invokes Section 65 of the Information Technology Act

Bomb Hoax mail

In 2009 a 15-year-old Bangalore teenager was arrested by the cyber crime investigation cell

(CCIC) of the city crime branch for allegedly sending a hoax e- mail to a private news channel In

the e-mail he claimed to have planted five bombs in Mumbai challenging the police to find

them before it was too late

The Mumbai police have registered a case of lsquocyber terrorismrsquomdashthe first in the state since an

amendment to the Information Technology Actmdashwhere a threat email was sent to the BSE and

NSE on Monday The MRA Marg police and the Cyber Crime Investigation Cell are jointly

probing the case The suspect has been detained in this case

The MRA Marg police have registered forgery for purpose of cheating criminal intimidation

cases under the IPC and a cyber-terrorism case under the IT Act

COMPARATIVE STUDY

As against the alone legislation ITA and ITAA in India in many other nations globally there are

many legislations governing e-commerce and cyber crimes going into all the facets of cybercrimes Data Communication storage child pornography electronic records and data privacy

have all been addressed in separate Acts and Rules giving thrust in the particular area focused

in the Act

United States of America

USA have the Health Insurance Portability and Accountability Act popularly known as HIPAA

which inter alia regulates all health and insurance related records their upkeep and

maintenance and the issues of privacy and confidentiality involved in such recordsThe

Sarbanes-Oxley Act (SOX) signed into law in 2002 mandated a number of reforms to enhance

corporate responsibility enhance financial disclosures and combat corporate and accounting

fraud Besides there are a number of laws in the US both at the federal level and at different

states level like the Cable Communications Policy Act Childrenrsquos Internet Protection Act and

Childrenrsquos Online Privacy Protection Act etc

United Kingdom





In the UK the Data Protection Act and the Privacy and Electronic Communications Regulations

etc are all regulatory legislations already existing in the area of information security and cyber

crime prevention besides cyber crime law passed recently in August 2011

Similar to these countries we also have cyber crime legislations and other rules and regulations

in other nations like Australia New Zealand China etc

INTERPOLrsquoS ROLE-

INTERPOLrsquos cybercrime programme is built around training and operations and works to keep

up with emerging threats It aims to

Promote the exchange of information among member countries through regional working

parties and conferences

Deliver training courses to build and maintain professional standards

Coordinate and assist international operations

Establish a global list of contact officers available around the clock for cybercrime

investigations (the list contained 134 contacts at the end of 2012)

Assist member countries in the event of cyber-attacks or cybercrime investigations through

investigative and database services

Develop strategic partnerships with other international organizations and private sector

bodies

Identify emerging threats and share this intelligence with member countries

Provide a secure web portal for accessing operational information and documents

Cyber crimes cases in other Countries

Worm Attack First person to be prosecuted under the lsquoComputer and Fraud Act 1986rsquo

was the Robert Tappan Morris well Known as First Hacker His worm was uncontrollabledue to which around 6000 computer machines were destroyed and many computers







negligence in handling sensitive personal information Additionally the Government of India with

the help of the Department of Information Technology is currently working on a holistic law on

data protection based on the European Union directive Further the government plans to create

a ldquoCommon Criterion Labrdquo backed by the Information Security Technical Development Council

where intensive research in cryptography and product security can be undertaken As

Prevention is always better than cure a smart internet user should take certain precautions

while operating the internet and should follow certain preventive measures for cyber crimes

these measures can be considered as suggestions also

A person should never send his credit card number to any site that is not secured to

guard against frauds

One should avoid disclosing any personal information to strangers via e-mail or while

chatting

One must avoid sending any photograph to strangers by online as misusing of

photograph incidents increasing day by day

It is always the parents who have to keep a watch on the sites that your children are

accessing to prevent any kind of harassment or depravation in children

Web site owners should watch traffic and check any irregularity on the site It is the

responsibility of the web site owners to adopt some policy for preventing cyber crimes as

number of internet users are growing day by day

Strict statutory laws need to be passed by the Legislatures keeping in mind the interest of

netizens (cybercitizen or an entity or person actively involved in online communities and a

user of the Internet)

Web servers running public sites must be physically separately protected from internal

corporate network

An update Anti-virus software to guard against virus attacks should be used by all the

netizens and should also keep back up volumes so that one may not suffer data loss in

case of virus contamination

It is better to use a security program by the body corporate to control information on sites





IT department should pass certain guidelines and notifications for the protection of

computer system and should also bring out with some more strict laws to breakdown the

criminal activities relating to cyberspace

As Cyber Crime is the major threat to all the countries worldwide certain steps should be

taken at the international level for preventing the cybercrime

Special police task force which is expert in techno field will be constituted

Complete justice must be provided to the victims of cyber crimes by way of compensatory

remedy and offenders to be punished with highest type of punishment so that it will

anticipate the criminals of cyber crime [15]

Edited By Parul Padhi

[1] httpcybercellmumbaigovin accessed on 1 Dec 2013

[2] Information Technology Act 2000A computer has multifarious functions and it is regarded as

a superman It provides information as well as communication by means of internet It is the

fastest mean for input and output of transportation of informations In official meaning the term

ldquointernetrdquo is popularly known as ldquoworld wide webrdquo (www)

[3] httpwwwlegalindiain accessed on 1 Dec 2013


[5] Ibid

[6] httpjurisonlinein accessed on 2 Dec 2013

[7] httpwwwmhanicin accessed on 4 Dec 2013

[8] Ibid

[90 Ibid

[10] Ibid

nd

th





[11] Pawan Duggal Is this treaty a treat Available at

httpwwwnaaviorgpatipati_cybercrimes_dec03htm

[12] Ibid

[13] Kumar Vinod Winning the Battle against cyber Crimes available at

httpwwwcyberriskinsuranceforumcomcontentare-we-losing-battle-against-cyber-crime

[14] Dewang Mehta Role of Police in Tackling Cyber Crimes available at


[15] Ibid

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Reality

Cloud Computing A Wanna Know How to Issues The Challenges





Filed Under Information Technology Law Media amp Cyber Law

Tagged With cyber crimes cyber laws

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Indian Courts And Franch Courts

Copyright copy 2016 middot Genesis Framework middot WordPress middot Log in




of 33httpwwwlawctopuscomacademikecyber-crimes-other-liabilities

procedural part

INTRODUCTION

ldquoWhen a man is denied the right to live the life he believes in he has no choice but to become

an outlawrdquo

Nelson Mandela

What does crime mean

Crime in modern times this term doesnrsquot have any universally accepted definition but one can

define crime also called an offence as an act harmful not only to some individual but also to

the community or the state also known as public wrong Such acts are forbidden and

punishable by law What is a criminal offence is defined by criminal law of each country While

many countries have a crime catalogue known as the criminal code however in some common

law countries no such comprehensive statute exists

The state has the power to severely restrict onersquos liberty for committing a crime Modern

societies therefore adopt and adhere a criminal procedure during the investigation and trial of

the offence and only if found guilty the offender may be sentenced to various punishmentssuch as life imprisonment or in some jurisdictions like in India even death

To be classified as a crime the act of doing something bad also called as actus reus must be

usually accompanied by the intention to do something bad ie mens rea with certain

exceptions like strict liability

What is cyber crime

Cyber crime is any criminal activity in which a computer or network is the source target or tool

or place of crime According to The Cambridge English Dictionary cyber crimes are the crimes

committed with the use of computers or relating to computers especially through the internet

Crimes which involve use of information or usage of electronic means in furtherance of crime are

covered under the ambit of cyber crime Cyber space crimes may be committed against

persons property government and society at large

The common types of cyber crimes are-














crackers




























pirated software




















password














































































expertise

































property

















company























[4]



NEED FOR CYBER LAWS







and hackers





























































October 2009










INDIAN PERSPECTIVE


















under IPC










CRIMINAL LIABILITY




















(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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POST COMMENT

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Humanities

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International Law





Investment Law


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Mediation



Offence

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Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence

















crackers




























pirated software




















password














































































expertise

































property

















company























[4]



NEED FOR CYBER LAWS







and hackers





























































October 2009










INDIAN PERSPECTIVE


















under IPC










CRIMINAL LIABILITY




















(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








Leave a Reply


Name

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Website


Make Rs6302Day

Career Times


Technology

Ads by Shareaholic





Comment




POST COMMENT

SEARCH

CATEGORIES

-Direct Taxation

ADR


Banking Law






Biotechnology Law

Business Laws



competition

Competition Law



Contract Law

Copyright

Corporate Finance


Criminal Law


Economic Offences

Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence














pirated software




















password














































































expertise

































property

















company























[4]



NEED FOR CYBER LAWS







and hackers





























































October 2009










INDIAN PERSPECTIVE


















under IPC










CRIMINAL LIABILITY




















(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








Leave a Reply


Name

Email

Website


Make Rs6302Day

Career Times


Technology

Ads by Shareaholic





Comment




POST COMMENT

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CATEGORIES

-Direct Taxation

ADR


Banking Law






Biotechnology Law

Business Laws



competition

Competition Law



Contract Law

Copyright

Corporate Finance


Criminal Law


Economic Offences

Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence
















































































expertise

































property

















company























[4]



NEED FOR CYBER LAWS







and hackers





























































October 2009










INDIAN PERSPECTIVE


















under IPC










CRIMINAL LIABILITY




















(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








Leave a Reply


Name

Email

Website


Make Rs6302Day

Career Times


Technology

Ads by Shareaholic





Comment




POST COMMENT

SEARCH

CATEGORIES

-Direct Taxation

ADR


Banking Law






Biotechnology Law

Business Laws



competition

Competition Law



Contract Law

Copyright

Corporate Finance


Criminal Law


Economic Offences

Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence













property

















company























[4]



NEED FOR CYBER LAWS







and hackers





























































October 2009










INDIAN PERSPECTIVE


















under IPC










CRIMINAL LIABILITY




















(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








Leave a Reply


Name

Email

Website


Make Rs6302Day

Career Times


Technology

Ads by Shareaholic





Comment




POST COMMENT

SEARCH

CATEGORIES

-Direct Taxation

ADR


Banking Law






Biotechnology Law

Business Laws



competition

Competition Law



Contract Law

Copyright

Corporate Finance


Criminal Law


Economic Offences

Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence


















[4]



NEED FOR CYBER LAWS







and hackers





























































October 2009










INDIAN PERSPECTIVE


















under IPC










CRIMINAL LIABILITY




















(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








Leave a Reply


Name

Email

Website


Make Rs6302Day

Career Times


Technology

Ads by Shareaholic





Comment




POST COMMENT

SEARCH

CATEGORIES

-Direct Taxation

ADR


Banking Law






Biotechnology Law

Business Laws



competition

Competition Law



Contract Law

Copyright

Corporate Finance


Criminal Law


Economic Offences

Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence






















































October 2009










INDIAN PERSPECTIVE


















under IPC










CRIMINAL LIABILITY




















(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

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A Detailed Analysis




Reality








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Medical Negligence















under IPC










CRIMINAL LIABILITY




















(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

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A Detailed Analysis




Reality








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International Law





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Law and Economics

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Law of Torts

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Adalats

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Media amp Cyber Law

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Trademarks

Uncategorized

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RECENT POSTS




Medical Negligence












(Sec292A IPC)











1957)


1957)


copyright act 1957)






TORTIOUS LIABILITY


















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Insurance Law










International Law





Investment Law


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Law and Economics

Law of the Sea

Law of Torts

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Adalats

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Media amp Cyber Law

Mediation



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Political Science






Procedural Laws

Property Law


Securities Law

Sociology

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Special Contract

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Trademarks

Uncategorized

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RECENT POSTS




Medical Negligence
















act)






Act)






(sec 67A IT Act)




















(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence











(sec 77 IT Act)






































Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence















Uniform law




Lack of awareness









Cyber savvy bench




















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Economics

Environmental Law

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Gender and Law


Humanities

Indian Evidence Act

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Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence



















is required [14]

































The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence






















The Bank NSP Case



































2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

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Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence

























2000






















Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








Leave a Reply


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Economic Offences

Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence











Bazeecom case












India

PNB Pune case











among others








Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








Leave a Reply


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Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence









Bomb Hoax mail











COMPARATIVE STUDY




in the Act










United Kingdom






















bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Indian Evidence Act

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Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

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Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence

























bodies























chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








Leave a Reply


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Indian Evidence Act

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Law and Economics

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Adalats

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Offence

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Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence





















chatting












corporate network


























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Environmental Law

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Gender and Law


Humanities

Indian Evidence Act

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Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

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Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

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Procedural Laws

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Securities Law

Sociology

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Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence

























[5] Ibid



[8] Ibid

[90 Ibid

[10] Ibid

nd

th







[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Gender and Law


Humanities

Indian Evidence Act

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Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence










[12] Ibid





[15] Ibid

You may also like



A Detailed Analysis




Reality








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Economics

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Gender and Law


Humanities

Indian Evidence Act

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Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence










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Investment Law


Jurisprudence

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Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

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Media amp Cyber Law

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Offence

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Political Science






Procedural Laws

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Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence








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Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

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Media amp Cyber Law

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Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence









Biotechnology Law

Business Laws



competition

Competition Law



Contract Law

Copyright

Corporate Finance


Criminal Law


Economic Offences

Economics

Environmental Law

Family Law

Gender and Law


Humanities

Indian Evidence Act

Indian Penal Code


Insurance Law










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence










International Law





Investment Law


Jurisprudence

Labour Law

Land Acquisition

Law and Economics

Law of the Sea

Law of Torts

Legal History


Adalats

Maritime Law

Media amp Cyber Law

Mediation



Offence

Patents


Political Science






Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence







Procedural Laws

Property Law


Securities Law

Sociology

Space Law

Special Contract

Tax Law

Trademarks

Uncategorized

White Collar Crime


RECENT POSTS




Medical Negligence




Crimes in Cyberspace: Right to Privacy and Other Issues - Academike

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Transcript of Crimes in Cyberspace: Right to Privacy and Other Issues - Academike