Cybercrime is a crime that involves a computer and a network. The computer may have been used to commit the crime and in many cases, it is also the target. Cybercrime may threaten a person or a nation’s security and financial health.

Definition of Cyber crime

Any offenses committed against individuals or groups of individuals to harm the reputation or cause physical or mental trauma through electronic means can be defined as Cybercrime. Electronic means can include but are not limited to, the use of modern telecommunication networks such as the Internet (networks including chat rooms, emails, notice boards and groups) and mobile phones (Bluetooth/SMS/MMS).

Why is Cybercrime considered a grave offense?

There are many privacy concerns surrounding cybercrime when sensitive information is intercepted and leaked to the public, legally or otherwise. Some of that information may include data about military deployments, internal government communications, and even private data about high-value individuals. Cybercrime is not confined to individuals alone. Internationally, both governmental and non-state actors engage in cybercrimes, including espionage, financial theft, and other cross-border crimes. Cybercrimes crossing international borders and involving the actions of at least one nation-state is sometimes referred to as cyberwarfare.

Laws against Cybercrime in India

Ever since the introduction of cyber laws in India, the Information Technology Act (IT Act) 2000  covers different types of crimes under cyber law in India. The following types of cybercrimes are covered under the IT Act 2000.

• Identity theft – Identity theft is defined as theft of personnel information of an individual to avail financial services or steal the financial assets themselves.
• Cyberterrorism – Cyberterrorism is committed with the purpose of causing grievous harm or extortion of any kind subjected towards a person, groups of individuals, or governments.
• Cyberbullying – Cyberbullying is the act of intimidating, harassment, defaming, or any other form of mental degradation through the use of electronic means or modes such as social media.
• Hacking – Access of information through fraudulent or unethical means is known as hacking. This is the most common form of cybercrime know to the general public.
• Defamation – While every individual has his or her right to speech on internet platforms as well, but if their statements cross a line and harm the reputation of any individual or organization, then they can be charged with the Defamation Law.
• Trade Secrets – Internet organization spends a lot of their time and money in developing software, applications, and tools and rely on Cyber Laws to protect their data and trade secrets against theft; doing which is a punishable offense.
• Freedom of Speech – When it comes to the internet, there is a very thin line between freedom of speech and being a cyber-offender. As freedom of speech enables individuals to speak their mind, cyber law refrains obscenity and crassness over the web.
• Harassment and Stalking – Harassment and stalking are prohibited over internet platforms as well. Cyber laws protect the victims and prosecute the offender against this offense.

REMEDIES

The Information Technology Act of 2000 subsequently revised in 2008, was enacted to set limitations for these types of attackers when it came to committing Cyber-crimes. For laypeople, this is known as the Cyber-law. This Act establishes sanctions and compensation for offences involving technology. When a person is a victim of a cybercrime, he has the option of going to court to pursue legal action against the perpetrator.

The victim has the right to file an appeal in court for compensation for the wrong done to him under section 43A of the Information Technology Act of 2000, as this section covers the penalties and compensations for offences such as “damage to the computer, computer system, or computer networks, etc.”Anybody corporate that deals with sensitive data, information, or maintains it on its own or on behalf of others and negligently compromises such data or information will be liable under this section and will be required to pay compensation according to the court’s discretion.

Section 65 of the Act covers the punishment for the offences which involve “tampering with computer source documents”, where according to the section, “Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer program, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both”.

There are still some gaps in the IT Act of 2008 since there are new and unknown cyber-offenses for which the law needs to stretch its arms and tighten its grip.

Here are also offences that are not covered by the IT Act because they are already covered by other laws, such as “Cyber-defamation,” which is governed by the Indian Penal Code, 1860. The term “Defamation” and its punishment are defined under this Act, so there is no need for a separate definition elsewhere because the impact of such an online offence is the same as it is offline.