Cyber law in india

                                        CYBER LAW IN INDIA

In an era, dominated by  Liberalization and globalization the use of Computers is increasing significantly. It is an established fact that  we are more and more relying on technologies and other things, the concept of cyber crime is gaining momentum. Computer related crimes is another aspect of cyber crimes.  Here the computer becomes a part of evidence and a crime has taken place with the help of a computer or where the computer  forms   part of the complete crime scene.                              

                                      Success in any field of human activity leads to crime that needs mechanism to control it. Cyber space  creates  moral ,civil and criminal wrongs. Prior to 1990, less than 10,000 people had internet accessibility but the scenario has changed drastically.

 Now around 500 Million people are hooked up to surf the net around the world.

Until recently many information technology professionals lacked awareness and

 interest of cyber space but slowly and gradually things are beginning to change. In

 many cases law enforcement officers has lacked tools needed to surmount the

 problem.

        To sternly tackle with such crimes, many laws has been enacted.Section 65, 66 and 67 of the Information Technology act,2000 has been evolved to deal with the computer which was used as a tool to commit the various crimes. It is from the internet service provider we can retrieve information regarding mails, location, telephone no and it’s internet provider address of the accused computer and pin him down for the misuse. Data  can be maliciously altered by the Computer if he knows the password from some other computer. This is mostly in networking environment where the computer can be seized  and the  victim’s computer can also be seized after taking the certificate of evidence form the ISP.

        Proliferation in the number of economic related crime is a matter of grim concern. Economic offences have been increasing by leaps and bounds. In the past,when not much technological advancements were made we used to hear about bank robberies but with the help of computers fake currency is being circulated in the market. We have such report of denomination Rs 500/- and Rs 1000/- currency notes. Money laundering is on the rise. Cyber world is vast and enormous. Due to increase in internet users and computer awareness, there is consistent fear that cyber crime will adversely affect people. A person can transfer money from one country to another with out any one being aware of it. Cheque frauds, Mishandling of funds with the help of identity take over, denying the service of banks by keeping them engaged as ‘customers’ are some of the examples of cyber crime. Banking sector survivies mainly on the confidence imposed on it by the people.  The confidentiality which a bank ensures is thrown wide open by the hackers if they tumble over a customer details through the websites of its hefty ban balances.

                                                        Insurance and other securities are another area which involves manipulation of bills and fraudulent activites. In order to protect technology from growing menance of cyber law, the best example is Public Key Infrastructure system.

UNITED NATIONS DEFINITION OF CYBER CRIME

                                 The impact of cyber crime is felt not only in the state but it’s repercussions are felt over the boundaries as well. At the tenth United Nations Congress on the prevention of crime and treatment of offenders, in a workshop devoted to the issues of crimes related to computer networks, cyber crime was divided in to two categories:

a)Cyber Crime means any illegal activity  directed by electronic operations that targets the security of computer system and the data proceeds from them.

b) Cyber crime in a broader sense means any illegal behaviour  committed by means of , or in relation to, a computer system or network, include such crimes as illegal possession or distributing information by means of a computer system or network.

More substantial examples are:

a)   unauthorized access

b)   damage to computer data or programs

c)    Computer sabotage

d)   Computer espionage

e)    Unauthorized interceptions of communication.

These definitions although not comprehensive in nature but still provide a good starting point- one that has international recognition and agreement. In Indian law, Cyber Law has various connotations to it. It signifies when a person’s property or wealth is adversely affected. The IT act provides the backbone for e- commerce and India’s approachas been to look at e-governance and e-commerce primarily from promotional aspects looking at the vast opportunities  and the need to sensitize the population to the prospects of information age.Cyber crimes are new class of crimes rapidly expanding due to extensive use of computers and internet. Police in India are trting to become cyber crime savvy and are hiring people who are trained in this field. The government is endeavoring to provide computer to police personnel so that investigations could be carried out at a brisk pace.

IOCE INTERNATIONAL PRINCIIPLES

   The international principles developed by IOCE for the standardized recovery of computer based evidence are governed by the following policies:

   Applicability to all forensic evidence;

    Durability

   Permision for the use of a common language.

   Applicability at every stage including that of individual ,agency and country

                                     These principles were presented and approved by  International Hi-tech Crime and Forensics Conference in  1999. They are as follows:

1.      Upon Seizing digital evidence , actions taken should not change that evidence.

2.      Any agency responsible for seizing, accessing and storing digital evidence is responsible for compliance of these principles.

3.      When it is necessary for  a person to access original digital evidence , that

4.      person must be competent to do it.

During 2003, a total of 411 cases were regisgtered under I.P.C as compared to 738 such cases during 2002, therefore reporting a decline of about 44% in the

Year 2003.

         A recent survey indicated that every 500 cyber crime incidents took place, only 50 are reported to the police and out of that only one is registered. These figures indicate how difficult it is to convince the police about cyber crime. The establishment of cybercrime cells in different parts of the country was expected to boost  cyber crime reporting and prosecution. Unfortunately, these cells have failed to curb cyber crime in the country.    

CONCLUSION:

                   In the end, I would like to conclude on  the following note in order to curb the growing menace of Cyber crime, the government needs to implement more strict laws.