Know your Rights: Cyber Crimes
The dependence of the cyber world has seen an exponential rise and the introduction of smartphones and tablets has ensured constant connectivity with the outside world. With the introduction of this platform, there is an urgent need to address the security concerns also. Computers are used either as a tool or target. Cybercrimes are increasing day by day and it includes traditional crimes such as fraud, theft, forgery, defamation and the list goes on. The misuse and abuse of computers have given birth to a series of new-age crimes that are addressed by the Information Technology Act, 2000.
Does Cyber Law concern you?
Yes, it concerns you. As the internet is changing and this new medium is seen as the ultimate one ever since the evolution of mankind, every activity in cyberspace will have a cyber legal perspective. From the time you register your domain name to the time you set your website and you send, receive emails to the time, you conduct e-commerce transactions. There are various cyberlaw issues involved. So sooner or later you should tighten your seat belts and know your rights.
Nature of Cyber Crimes
Cybercrimes are evolving day by day and new crimes are introduced due to the exorbitant use of it. Some of them include:
Legal Provisions you should know
Cybercrime has become a social phenomenon in the present day. With the technology boom and easy access to the internet across the country. Cybercrimes have become a pretty common occurrence. It is due to the people who started indulging in various criminal behaviors with the help of technology. So the need of the hour is to check this aspect from a different level. Social Awareness is the most important step which should be taken to curb this social evil. It is high time to rethink and make efforts to aware people of cybercrime by organizing seminars, debates on illegal activities committed through the internet.
To regulate such illegal activities the Indian Government has introduced the Information Technology Act 2000. Here are some of the sections under the same which an ordinary Internet user should be aware of:
Section 65 – Tampering with computer source documents
A person who knowingly conceals destroys or alters any computer source code such as computer commands, programs, layout, etc when it is required to be maintained by law then, they shall be punished with imprisonment with 3 years, or fine which may extend up to 2 lakh or both.
Section 66 - Computer-related offenses
If any person knowingly or intentionally conceals, destroys code or alters or causes another to conceal, destroy code or alter any computer, computer programs, computer system, or computer network, he shall be punishable with imprisonment up to 3 years, or with fine up to 2 lakh rupees, or both.
Section 66D – Cheating using computer resource
If a person cheats someone using a computer resource or a communication device then he/she may face imprisonment up to 3 years of fine up to 1 Lakh.
Section 66E – Punishment for violation of Privacy
If a person capture, transmits, or publishes images of a person’s private parts without his/her consent or knowledge, the person is entitled to imprisonment up to 3 years or fine up to 2 Lakhs or both.
Section 66F – Acts of cyber Terrorism
A person can face life imprisonment if he/she denies an authorized person the access to the computer resource or attempts to access the computer resource without authorization, with an aim to threaten the unity, integrity, security or sovereignty of the nation, This is also a non-bailable offense.
Section 67 – Publishing or transmitting obscene material in electronic form
A person who publishes transmits in electronic form any material which contains sexually explicit act or conduct shall be punished with imprisonment which may extend to 5 years and fine which may extend to 10 lakhs and in an event of subsequent conviction with imprisonment which may extend to 7 years and also fine which may extend to 10 lakhs.
Section 43A – Data protection at Corporate Level
If a body corporate is negligent in implementing reasonable security practices that cause wrongful loss or gain to any person, such body corporate shall be liable to pay damages to the affected person.
Cybercrimes need remedy rather than recognition. Harmonizing legislation should not only consider the legal aspects of problems. But it should also focus on technological disparities. Indian Laws are well-drafted and are capable of handling all kinds of challenges posed by cybercriminals. However, the enforcement agencies are required to be well versed with the changing technologies and Laws. Also, every netizen has a right to be aware of the consequences of its threats and misuses. The government should bring out more awareness campaigns in various places where the potential net users are high. A complete justice must be provided to the victims of cybercrimes by way of compensatory remedy and offenders to be punished with the highest type of punishment so that it will anticipate the criminals of cybercrime.
ABOUT THE AUTHOR
Aparna S. Naryana, 4th Year BA LL.B (Criminal Law) from University Of Petroleum and Energy Studies and Edited by Vijayalakshmi Raju.
You can contact the author at https://www.linkedin.com/in/aparna-shalini-13404313b/
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