Tag: #Forgery

Laws Ensuring Cybersecurity in India

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INTRODUCTION

Computers seem to have made our life easier as they could be used for several purposes like education, payment of various bills, source of entertainment, and access to surplus information of the global world among many others. What we often ignore is the threat it poses to whoever has access to it in the advanced form of crime known as ‘Cyber Crime’. Cybercrime is all about the use of a computer where either a computer is used to commit a crime or a crime has been committed by targeting a computer. In order to prevent such computer crimes, we now need a computer-based law called ‘Cyber Law’. Cyber laws protect computer networks against other computer networks by laying down rules, regulations, and guidelines regarding Cybercrimes.

CYBERCRIME

Cybercrime is an illegal invasion of information stored by an individual, corporations, and governments. Such invasion may not take place physically; the offender and victim may never be in contact with each other but what they invade is a personal and corporate digital body. The world’s first cybercrime was conducted in the year 1834 French Telegraph System when thieves hacked into the system of the French telegraph and succeeded in stealing financial market information. Since then, many cyber-crimes have been committed like Morris Code Worm, Malicious Code, Phishing, DNS Attack, BotNets, Bitcoin Wallet, and Android hack. Governments of many countries have started working together to stop such crimes.

TYPES OF CYBERCRIME

A. AGAINST INDIVIDUALS

a. Email Spoofing: The message appears to have been received from somewhere other than the actual source.

b. Spamming: Same message sent to millions of addresses in the hope to receive a response.

c. Cyber Defamation: Publishing of false information on cyberspace to harm the reputation of the person concerned.

d. Phishing: Stealing information by identifying himself/herself as the individual whose identity is stolen.

B. AGAINST PROPERTY

a. Software piracy: Copying of software illegally

b. Copyright infringement: Using any text, picture, music, or book that is under someone else right. 

C. AGAINST ORGANISATION

a. DOS Attack: The offender floods the server with numerous traffic so that the files cannot be accessed by the rightful owner.

b. Email Bombing: Infinite number of emails is sent to an email address to flood the service to which the email address belongs.  

D. AGAINST SOCIETY

a. Forgery: Where false currency, signatures and documents are produced.

b. Web Jacking: Fake websites are created to access the information of another.  

WHY CYBER CRIME?

  1. EASY ACCESS: Lack of security and complex technology about which cybercriminals are well aware leads to breaches of data and much important information.
  2. LESS USAGE OF MEMORY: Computers are prone to store a large amount of data in small spaces making it easier to be accessed by cybercriminals.
  3. COMPLEXITY:  Programmes run under, millions of codes to which a layman is unaware and cybercriminals take advantage of this.
  4. IGNORANCE: Human beings unaware of the computer world tend to ignore many factors related to the security of data which may lead to an illegal invasion of an uninvited guest.
  5. DESTRUCTION OF EVIDENCE: Cyber criminals are used to committing the same crime over the year again and again which leads to efficiency in their way of data leads us that there through evidence of them breaking in the first place.

CYBERLAW

Cyber Law plays an important role to control crimes committed through computer networking and concerns all aspects involving technology have cyber laws about it.

In India, cyber laws origin can be traced in—

Information Technology Act 2000

Act based on United Nations Model Law on Electronic Commerce 1996.

The act gives:

  1. E-Mail is valid and legal for communication.
  2. Digital signatures are given legal status.
  3. Digital certificates to new companies.
  4. Government can issue e notices.
  5. Communication between companies and the government can be done through an online network.
  6. Addressing grievances of the general public through an online portal.
  7. Ensuring security to digital data.

Shreya Singhal v. Union of India1 legal status of Section 66A of IT Act, 2002 was challenged before the honourable Supreme Court. In the instant case, two women were arrested after posting objectionable comments due to the complete shutdown of Mumbai on the death of a political leader, in retorting they question the constitutionality of Section 66A of the said act. Whereas, the court held that Section 66A is legally valid as the statement given by an individual may be annoying even if not affecting reputation, and does not violate article 14 of the Indian constitution as there is intelligible differentia between speech by cyberspace and other forms of speech.

Avnish Bajaj v. State (NCT) of Delhi2 in this case CEO of the website Bazee.com was arrested on the ground of broadcasting cyber pornography but was soon released as he was supposed to be nowhere involved in the said offence and shreds of evidence which were collected are directed towards some others who used the service of the website for sharing the cyber pornography.

INDIAN PENAL CODE, 1860

In India the Penalties of some offences are also mentioned in other acts depending upon the damage it may cause to the victim therefore offences like obscene material or sexually exploiting of children transferred electronically through the system of networks, acts of voyeurism, stalking, cheating, theft through electronic devices are all punishable offences under IPC.

State of Tamil Nadu v. Suhas Katti3 the accused in the instant case was a friend of the victim and was eager to marry her but the victim declined and got married [i]to someone else and later got divorced. Therefore, the accused coaxed the victim once again only to get rejected. Then accused made a fake account of Id on email by the victim’s name and posted obscene and defamatory information about the victim resulting in his arrest. Later, was charged with 2 years of rigorous imprisonment and a year of simple imprisonment along with a fine.

CBI v. Arif Azim4 through this case India got its very first cybercrime conviction someone named Barbara Campa logged into a website through which someone from a foreign country can purchase products to be delivered in India. The purchase of a Sony Colour TV with the wireless telephone was made under the same Id. Later, The credit card agency claims that the owner of the card through which payment was done had not done any purchase. CBI investigated the case and found that Arif Azim to whom the delivery was made worked at a call centre somehow got the details of Barbara Campa whose card was used for purchase. Arif Azim being a youth and first-time offender was released on probation for a year.

COMPANIES ACT 2013

The act specifies the technical requirements for a company and gives the government the power to punish anyone who doesn’t complement the technical requirements. Over time the effectiveness of these laws is advancing, giving guidelines for companies and their management to abide by.

IMPORTANCE OF CYBER LAW

Cyber laws are very important in the era of computers and advanced technology. It helps small-scale industries work effectively so that their productivity doesn’t get harmed, and allows the company to surf the internet without any barrier. Data recorded would be preserved and due to penalties, the capable intruder may not do so.

Presently, the Central government has no plan to form any organisation to deal with such matters but the government did make laws that are efficient enough. The government presented the National Cyber Security Council 2013 with the ministry of IT and Electronics aiming at the prevention of cyber threats, minimizing the damage done by cybercrime, and protecting the structure and data of computers. Ministry of home affairs passed a scheme aiming to prevent cyber crimes against children and women.

India is at 23rd rank out of 183 countries on the Global Cybersecurity Index of the UN. Further, the government aims at making it in the top ten of the list in the coming year.

CYBERSECURITY IN INDIA

Cybersecurity is the protection of the systems of networks by a firm or an individual for the sake of the protection of data in their system. Cybersecurity of one must be strong enough to fight against the illegal invasion by someone with the intention of misusing the data. With the advancement in technology, there are numerous ways in which one can invade your personal space due to these systems of the network must be protected effectively and efficiently.

To handle the problem of cybercrime—

  • Using strong passwords.
  • Protect your data with enough strong encryption.
  • Protection of your personal information.
  • Keep your systems updated.
  • Usage of antivirus programs.

CONCLUSION

Nowadays, cybercriminals are harmful to both developed and developing countries, therefore they should work together to fight against cybercrime. Budapest Convention is the only multilateral treaty signed internationally in 2001 by various countries which came into existence in 2004. It provides guidelines to countries for the creation of a system that fights against cybercrime. In 2017, a Russian Resolution was put before United Nations that aims at sharing data among countries to prevent cybercrime. India states that sharing data with foreign countries goes against the National sovereignty of India and Budapest convention was drafted without the presence of India therefore it stands neutral.

Citations:

  1. AIR 2015 SC 1523
  2. 2008 DRJ 721: (2008) 150 DRT 769
  3. C No. 4680 of 2004
  4. 2013

This article is written by Simran Gulia, a BA LLB student from Maharaja Agrasen Institute of Management.

Rise of White Collar Crime in India: Warning?

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Introduction

When we talk about crimes in society people in layman language think that crimes mean a violent act that causes any injury or hurt in a physical manner to an individual, crime is of the nature to cause someone bodily injury physically or mentally. But do we realize that crimes can be differentiated on the basis of their nature & crimes need not always cause a bodily injury to a person? There are crimes present in society that is non-violent in nature & do not cause any bodily injury to a person. 

“White Collar Crimes” are crimes that are non-violent & are committed for monetary gain; these can be committed by an individual, group of people, or even an organization as well. In these crimes, there is a breach of trust, deception of money or property, or some other gain of the wrongdoer. Edwin Sutherland a famous American Sociologist, defined white-collar crimes as “the crimes committed by people who enjoy great repute, high status (social), & hold the higher respectable post in their respective occupation”.  Herbert Edelhertz, chief of the Federal Department of Justice, in 1970 defined White Collar Crimes as “an act or series of illegal acts committed by non-physical means to obtain money or property by way of guile or concealment to obtain business or personal advantage” he emphasized more on the nature of crime rather than the offenders attribute.    

Rise of White Collar Crimes in India

Bribery, Fraud & Corruption is probably the most familiar recognized white-collar crimes in India & the world. The Business Standard in 2016 distributed a report named “The changing elements of white-collar crimes in India” expressing that over the recent 10 years, the Central Bureau of Investigation (CBI) has tracked down an aggregate of 6,533 instances of corruption out of which 517 cases were filed in the last two years. 

Stats showed that 4,000 crores worth of exchange were done utilizing phony or replicate PAN cards. Maharashtra showed a speedy growth in the number of online cases with 999 cases being enlisted. The report likewise referenced that around 3.2 million individuals endured a misfortune due to the theft of their card details from the YES Bank ATMs which were managed by Hitachi Payment Services. 

Progression in business and technology has welcomed phenomenal development in one of the kinds of white-collar crimes, known as cybercrime. Cybercrimes are expanding in light of the fact that there is just a little danger of being gripped or pinched. India’s position on Transparency International’s corruption perception index (CPI) has been worked on throughout the years. 

In 2014, India was positioned 85th which later advanced to 76th position in 2015 in light of a few measures to handle white-collar crimes. In 2018, according to the report of The Economic Times, India was set at 78th position, showing an improvement of three focuses from 2017, out of 180 nations. 

India is a developing nation and white-collar crimes are turning into a significant reason for its development alongside health, poverty, etc. The pattern of white-collar crimes in India represents a danger to the financial advancement of the country. These violations require prompt mediation by the public authority by making exacting laws as well as guaranteeing its appropriate execution.

Grounds for White Collar Crimes in India

  • Absence of mindfulness 

The kind of white-collar crimes is unique in relation to the conventional type of crimes. The vast majority doesn’t know about it and neglect to comprehend that they are the most exceedingly awful victim of crime.

  • Absence of strict laws 

Since a large portion of these crimes is worked with by the internet and advanced strategies for the transfer of money, laws appear to be hesitant to seek after these cases as examining and following turns into a troublesome and convoluted work. Why it gets hard to follow it is on the grounds that they are normally dedicated to the protection of a home or office subsequently giving no witness to it.

  • Competition

Herbert Spencer on reading, ‘On the Origin of Species by Charles Darwin, authored an adage that advancement signifies ‘Survive of the fittest’. This suggests that there will consistently be a contest between the groups and the best individual to adjust to the conditions and conditions ought to endure.

  • Greed

Machiavelli, father of politics unequivocally accepted that men essentially are covetous. He said that a man can sooner and effectively fail to remember the demise of his father than the deficiency of his legacy. The equivalent is valid on account of the commission of white-collar crimes. For what reason will a man of high societal position and significance, who is monetarily secure, perpetrate such crimes if not out of greed?

Types of white collar crimes in India

  • Bank Fraud: Bank fraud is a criminal act where an individual, by illicit methods, draw out cash or resources from the bank. The fraud can likewise happen when an individual erroneously addresses himself to be a bank or monetary foundation and draw out cash or resources from individuals. 

In this way we reason that bank fraud can be executed in two ways:

  • By utilizing illicit intends to draw out cash or resources from the bank or any monetary establishment. 
  • By erroneously addressing oneself to be a bank or any monetary organization, the individual withdraw cash or resources from individuals.

Bank fraud punishments are mentioned in India under the Indian Penal Code, 1860. Sections like 403 which manages criminal misappropriation of property, Sec. 405 which manages criminal breach of trust, 415 which manages cheating, 463 forgery, and 489A arrangements with falsifying of cash, manages the crimes of fraud in banks.

  • Extortion: Extortion is a crime under section 383 of the Indian Penal Code, 1860. When one party constrains another party for remission of cash, or property or administrations, he is said to have perpetrated the crime of extortion. It is a white collar crime in light of the fact that an official may utilize his authority right and utilize his higher position in the organization to undermine someone else for giving cash, or moving property, or for offering types of assistance.

The case of People v. Fort laid certain elements to be proven for the crime of Extortion (i) There ought to be a correspondence of requests by one party to another, (ii) All together for the satisfaction of the requests, the other party or his family ought to be taken steps to cause some injury, & (iii) There ought to be a goal to coerce cash from the other party for some benefit. The other party ought to be taken steps to do or not to accomplish something.

  • Forgery: As characterized under Section 464 of the Indian Penal Code, 1860, alludes to the falsifying of checks or protections determined to dupe the other individual. It is entirely expected in the account section of the organization where the agents or the staffs make false records and flee with organization’s cash consequently making misfortune that organization. 

For example in 2019, Ravi Prakash, Chief of TV9 News Channel, was taken out from his post on the charge of forgery.

  • Cyber Crimes: As the utilization of computer and web is expanding, so is the crimes identified with it. The crimes which include the utilization of computer, combined with the utilization of web are called cybercrime. It is the place where the computer is utilized as the object of the wrongdoing or as an apparatus to perpetrate an offense. Cyber stalking, cyber-crime related to individual, property, child pornography etc. are example of cyber-crimes.

The solitary enactment which manages the offenses identified with cybercrime is Information Technology Act, 2000. The specific meaning of cybercrime has not been given in any of the acts or laws as it’s anything but conceivable to characterize such nature of crimes where computer and web are included.

Major Judicial Pronouncements on white collar crimes in India

In the case of SEBI, Allahabad High Court, the learned direction in the interest of SEBI guaranteed that the organization is as a rule wrongly charged as the organization was not in a situation to pay its obligations, including installments to its investors. At the point when the advertisement by the organization was put to address, the board said that the advertisement was given in 2003 while the request was passed in 2004 when the organization was not in a situation to recompense its obligations. Also, the amount of cash that the investors were asserting was no place referred to. The fundamental cause of the guide made the governing bodies raise the discipline from 1 year to 10 years and furthermore expanded the fine which may now reach out to 25 crores by correcting the laws under section 24(1) of the SEBI Act. Finally, Ravi Arora, the denounced, was held to be liable.

In the case of Abhay Singh, there were two appellants against whom a charge sheet was petitioned for an offense under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 109 of the Indian Penal Code, 1860. It was asserted that both the accused had gathered unbalanced wealth (black money) according to their pay when they were the member of the legislative assembly. 

At the point when the Central Bureau of Investigation (CBI) started its examination, it was tracked down that the father of the appealing party had gained enormous properties and same as the case with the appellants. The High Court held that the litigant had given an entirely unexpected office of the denounced than they were really holding around then. Accordingly the authority under Section 19 of the Prevention of Corruption Act, 1988 was held to be with no legitimacy.

Conclusion

As our society is developing towards innovation and the world is encountering new mechanical progression, the pace of crimes is likewise expanding at a quicker rate. Especially the development in white-collar crimes has been colossal.

The government should make laws that are sufficiently strict to lessen the commission of such crimes. Furthermore, the framework ought to be to such an extent that not just there exist laws giving severe discipline to the denounced yet, in addition, arrange off greatest cases in a brief time. Failing to do so may result in individuals will lose total confidence in the framework, as these crimes are committed by individuals who should go about as a good example for society.

This article is written by Ajay Kataria, from Dr. B.R. Ambedkar National Law University, Sonepat, Haryana.

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