Cyber Crimes (IT) Law in India-Thelegalbank

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The Information Technology Act, 2000 or ITA, 2000 or IT Act, was published on October 17, 2000. It is the law that trades with cybercrime and electric commerce in India. In this article, we will look at the goals and features of the Information Technology Act, 2000.

 

Applicability

According to Section 1 (2), the Act continues to the entire country, which also includes Jammu and Kashmir. To enter Jammu and Kashmir, the Act uses Article 253 of the constitution. Further, it does not take citizenship into account and gives extra-territorial jurisdiction.

Section 1 (2) along with Section 75, specifies that the Act refers to any offence or contravention committed outside India as well. If the conduct of person constituting the offence requires a computer or a computerized system or network located in India, then irrespective of his/her nationality, the person is guilty under the Act. Lack of international cooperation is the only condition of this provision.

 

Non-Applicability

According to Section 1 (4) of the Information Technology Act, 2000, the Act does not apply to the following documents:

  1. Execution of Negotiable Instrument under Negotiable Instruments Act, 1881, without cheques.
  2. Performance of a Power of Attorney under the Powers of Attorney Act, 1882.
  3. Make of Trust under the Indian Trust Act, 1882.
  4. Performance of a Will under the Indian Succession Act, 1925 including any other testamentary character
  5. By whatever name called.
  6. Entering into a contract for the sale of conveyance of fixed property or any interest in such property.
  7. Any such class of documents or activities as may be published by the Central Government in the Gazette.

 

Common Kinds of Cybercrime Acts

 

Fraud

Fraud is a general term used to describe a cybercrime that means to deceive a person to gain valuable data or information. Fraud can be done by altering, destroying, stealing, or suppressing any information to secure illegal or unfair profit.

 

Hacking

Hacking means the partial or complete acquisition of certain functions within a system, network, or website. It also aims to access to relevant data and information, breaching privacy. Most “hackers” attack corporate and government accounts. There are many types of hacking methods and procedures.

 

Identity Theft

Identify theft is a specific form of fraud in which cybercriminals keep personal data, including passwords, data about the bank account, credit cards, debit cards, social security, and other sensitive information. Through identification theft, criminals can steal money. According to the U.S. Bureau of Justice Statistics (BJS), more than 1.1 million Americans are victimized by identification theft.

 

Scamming

Scam happens in a variety of forms. In cyberspace, scamming can be done by giving computer repair, network troubleshooting, and IT support services, forcing users to shell out hundreds of money for cyber difficulties that do not even exist. Any unlawful plans to make money falls to scamming.

 

Computer Viruses

Most criminals take advantage of viruses to gain unlawful access to systems and steal important data. Mostly, highly-skilled programs send viruses, malware, and Trojan, among others to affect and destroy computers, networks, and systems. Viruses can grow through detachable devices and the internet.

 

Ransomware

Ransomware is one of the most destructive malware-based attacks. It enters your computer network and encrypts data and information through public-key encryption. In 2016, over 638 million computer networks are attacked by ransomware. In 2017, over $5 billion is lost due to global ransomware.

 

DDoS Attack

DDoS or the Dispersed Denial of Service attack is one of the most popular methods of hacking. It briefly or completely interrupts servers and networks that are successfully running. When the system is offline, they compromise certain gatherings to make the website unavailable for users. The main goal is for users to pay respects to the DDoS attack, giving hackers the chance to hack the system.

 

Botnets

Botnets are controlled by remote attackers called “bot herders” to attack computers by giving spams or malware. They usually attack businesses and governments as botnets attack the information technology infrastructure. There are botnet removal tools available on the web to identify and block botnets from entering your system.

 

Spamming

Spamming uses electronic messaging systems, most commonly emails in sending messages that host malware, fake links of websites, and other hateful programs. Email spamming is extremely popular. Unsolicited bulk messages from unfamiliar organizations, companies, and groups are sent to huge numbers of users. It offers deals, promos, and other beautiful components to deceive users.

 

Phishing

Phishers act like a legitimate company or organization. They use “email spoofing” to extract private information such as credit card numbers, social security numbers, passwords, etc. They send out thousands of phishing emails carrying connections to fraudulent websites. Users will understand these are legitimate, thus beginning their personal information.

 

Social Engineering

Social engineering is a way in which cyber criminals make direct contact with you through phone calls, emails, or even in person. They will also act like a legitimate company as well. They will help you to earn your trust until you will provide your important information and private data.

 

Malvertising

Malvertising is the method of filling websites with advertisements carrying hateful codes. Users will click these advertisements, assuming they are accepted. Once they click these ads, they will be redirected to fake websites or a file removing viruses and malware will automatically be downloaded.

 

Cyberstalking

Cyberstalking involves happening a person online anonymously. The stalker will essentially follow the victim, including his or her movements. Most utmost of the victims of cyberstalking is women and children being supported by men and paedophiles.

 

Software Piracy

The internet is loaded with torrents and other programs that illegally copy original content, including songs, books, movies, albums, and software. This is a violation as it changes to copyright infringement. Due to software piracy, businesses and developers encounter huge cut down in their income because their results are illegally reproduced.

 

Child Pornography

Porn content is very easy now because of the internet. Most of the countries have laws that penalize child pornography. This cybercrime involves the exploitation of children in the porn business. Child pornography is a $3-billion-a-year industry. Unfortunately, over 10,000 internet areas provide access to child porn.

 

Cyberbullying

Cyberbullying is one of the most rampant crimes done in the virtual world. It is a form of bullying moved over to the internet. On the other hand, global leaders are aware of this crime and pass laws and acts that prevent the proliferation of cyberbullying.

 

Here's is the step by step lead for the readers to help them know the procedure of the complaint- 

STEP 1: Keep in mind that you will have to give the name, mailing address & telephone number along with an application letter asking the head of a cybercrime investigation cell when you go to draft a complaint.

STEP 2: As with almost all police cases, the complainant will have to give the following papers and documents at the time of filing the complaint.

 

Important documents

In case of hacking of servers, the following information is need-

  1. Server Logs
  2. A copy of the damaged web page in soft copy as well as hard copy format, if the victim’s website is defaced if data are settled on the victim’s server or computer or any other network devices, soft copy of real data and soft copy of compromised data.
  3. Access control mechanism details i.e. - Who had the path to the computer or email of the victim?
  4. List of suspects if the victim is having any mistrust on anyone.
  5. All related information pointing to the answers to the following questions-
  • What is compromised?
  • Who might have agreed on the system?
  • When was the system compromised?
  • Why might have been the system compromised?
  • Where is the result of the attack-identifying the target system from the network?
  • How many systems have been agreed upon by the attack?

 

In the case of e-mail wrong, vulgar e-mail, etc.

The

The subsequent data should be given:

1. The long headers of offending e-mail and

2. The offending e-mail of

If you are a victim of e-mail wrong, cheap e-mail, etc. the following information is needed:

  • Extract the long headers of offending e-mail.
  • Soft copy as well as the hard copy of the offending e-mail.
  • The offending e-mail from your e-mail box.
  • A copy of the offending e-mail on your computer’s hard drive.

If you are a victim of identity theft (like a fake profile on social media) then all the evidence must be secured against the impersonator and a formal complaint must be filed attaching all the features. The best cybercrime advocates in India can help in arranging a cyber-complaint in India. If you have been duped by a company online then the following information is needed to be mentioned:

  • Features of the product purchased
  • Date and amount of purchase
  • The website name, company name and the contact details of the company
  • Details of how you were duped (if you were offered any job then details of such job)
  • Details of other people complaining about the same can also be attached

And any other important information. Thelegalbank connects you with the best lawyers in India. Send a quarry at Thelegalbank platform to get started.

 

 

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