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CHAPTER-I
INTRODUCTION

1. Introduction

In 21st century, the Information technology has touched every human

being in this world. The advent of this technology has transformed the way we
interact with each other with no span of time. The technology has touched every
sphere of human life and due to the development in technology we have moved
from paper to paperless world. Nowadays Computer are used extensively to store
confidential data of political, social, economic and personal nature which is
benefit to the society and due to the combination of computers, internet and
networking, we are setting new standard of accuracy, efficiency and speed in
every field and it helps in generating productivity, creativity and innovation.

The Information technology is basically combination of computer, internet

and technology (Networking) and the junction of computer network,
telecommunications with the help of digital technologies has given birth to a
common space called Cyberspace or Virtual World. The number of human
activities has done over the cyberspace through the internet. It becomes the most
happening place for netizens and used for communication, commerce, advertising,
banking, education, research and entertainment. There is hardly any human
activity which is not affected by the advent of information technology. Computer
use is increasingly spreading like a virus in no span of time and every day lakhs of
users are connecting to the internet.

The Rapid growth of internet and computer technology globally has given
so many advantages to the mankind but it has also become a place to do all sort of
activities which are prohibited by law. It is increasingly being used for
transnational crimes such as pornography, gambling, trafficking in human organs
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and prohibited drugs, hacking, infringing copyright, terrorism, violating

individual privacy, money laundering, fraud, software piracy and corporate
espionage etc.

The notion of cyber crime is new branch of crime in the present world. It
refers to wrongful activity committed in computer or over internet or computer
networks, knowingly or intentionally. Cyber Crime includes crime related
computers and other activities which are illegal in the virtual world of cyber
space. This particular term is combination of two words cyber & crime. The first
term Cyber denotes the Virtual world. It consists of computers, internet, network,
data processing through computers, communication through internet all over the
world and informational space. However the second term Crime refers to the
social, economic, political fact as old as human existence. Crime is legal wrong
that has punishment under the law. As per the Lord Atkin “the Criminal quality
of an act cannot be discovered by reference to any standard but one; is the act
prohibited with penal consequences.”1

Thus the Definition of cyber crime is unlawful act where computer is

either tool or target or both. Dr. Debarati Halder and Dr. K. Jaishankar define
cybercrimes as: “Offences that are committed against individuals or groups of
individuals with a criminal motive to intentionally harm the reputation of the
victim or cause physical or mental harm, or loss, to the victim directly or
indirectly, using modern telecommunication networks such as Internet (Chat
rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)”2

Cyber crime is the latest and perhaps the most complicated problem in the
cyber world. “Cyber crime may be said to be those species, of which, genus is the
conventional crime, and where either the computer is an object or subject of the

1
Proprietary Articles Trade Association v. A.G. for Canada. (1932)
2
https://en.wikipedia.org/wiki/Cybercrime (Accessed on 2nd February, 2016)
 Page|3

conduct constituting crime”3. As defined by Pawan Duggal leading Supreme

Court lawyer in the world “Any criminal activity that uses a computer either as
an instrumentality, target or a means for perpetuating further crimes comes
within the ambit of cyber crime”

“Computer crime or cyber crime can broadly be defined as criminal

activity involving an information technology infrastructure, including illegal
access (unauthorized access), illegal interception (by technical means of non-
public transmissions of computer data to, from or within a computer system), data
interference (unauthorized damaging, deletion, deterioration, alteration or
suppression of computer data), systems interference (interfering with the
functioning of a computer system by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data), misuse of devices, forgery
(ID theft), and electronic fraud.”4

“Cybercrime is a term for any illegal activity that uses a computer as its
primary means of commission. The U.S. Department of Justice expands the
definition of cybercrime to include any illegal activity that uses a computer for the
storage of evidence. The growing list of cybercrimes includes crimes that have
been made possible by computers, such as network intrusions and the
dissemination of computer viruses, as well as computer-based variations of
existing crimes, such as identity theft, stalking, bullying and terrorism.”5

In Cyberspace the geographical boundaries becomes history, so we should

look up to international organization to come up with a standard definition of term
Cybercrime. It is not an issue that relates to certain states but every state in the
world is facing the rapid growth of cybercrime. At the Tenth United Nations

3
http://www.naavi.org/pati/pati_cybercrimes_dec03.htm (Accessed on 2nd February, 2016)
4
http://www.cyberlawsindia.net/computer-crime.html (Accessed on 2nd February, 2016)
5
https://www.justice.gov/usao/about-offices-united-states-attorneys (Accessed on 2nd February,
2016)
 Page|4

Congress on the Prevention of Crime and Treatment of Offenders, in a workshop

devoted to the issues of crimes related to computer networks, cybercrime was
broken into two categories and defined thus6:

a. Cybercrime in a narrow sense (computer crime): Any illegal behavior

directed by means of electronic operations that targets the security of computer
systems and the data processed by them.

b. Cybercrime in a broader sense (computer-related crime): Any illegal

behavior committed by means of, or in relation to, a computer system or network,
including such crimes as illegal possession [and] offering or distributing
information by means of a computer system or network.

Of course, these definitions are complicated by the fact that an act may be
illegal in one nation but not in another.

There are more concrete examples, including

a. Unauthorized access
b. Damage to computer data or programs
c. Computer sabotage
d. Unauthorized interception of communications
e. Computer espionage

This definition is not entirely perfect to include every crime committed

over the internet or computers; however it has international acknowledgment to it
to determine what we mean by the concept of cybercrime.

“Our understandings of the virtual world are woefully slim; and of cyber
crimes, even less. But, as law enforcers are finding out, their effect on the real
world is devastating; preventing and detecting cyber crimes is now being given

6
“Cyber Law & Information Technology” by Talwant Singh Additional District & Sessions
Judge, Delhi at p.2
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priority. Economic offences which dog the $1.2 trillion electronic commerce
industry worldwide include credit card schemes, property cheating, systems
corruption, corporate and political espionage, mafia and drug cartels, multi-site
gambling offences and Internet frauds committed mainly in the course of
legitimate business.”7

The concept of Cyber crime is an evil due to citizen’s growing dependence

on computers in modern life. In the present world when everything from small
electric device to nuclear power plants is being run on computers, cyber crime has
very serious implication. Every technology has some good and bad things
attached to it. Virtual world has its bad side too. There is not a single public
officer who examines the information travelling over the network which leaves
open to cyber criminals to commit crime like cyber stalking, implanting viruses,
trademark infringement and cyber terrorism.

“Well, the new medium which has suddenly confronted humanity does
not distinguish between good and evil, between national and international,
between just and unjust, but it only provides a platform for the activities which
take place in human society. Law as the regulator of human behaviour has made
an entry into the cyberspace and is trying to cope with its manifold challenges.” 8
Huge sum of money is being earned by the Cyber criminals, destroying computers
or damaging them, stealing information over the network which has monetary
value attached to it or doing some other illegal activities over the internet.

In Indian law, cyber crime has to be voluntary and wilful, an act or

omission that adversely affects a person or property. The IT Act provides the

7
Cyber Crimes and the Real World by Lalitha Sridhar - See more at:
http://www.boloji.com/index.cfm?md=Content&sd=Articles&ArticleID=6185#sthash.covYwkf0.
dpuf
8
Justice T. Ch. Surya Rao, “Cyber Laws – Challenges for the 21st Century”, Andhra Law Times,
2004, p. 24
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backbone for e-commerce and India’s approach has been to look at e-governance
and e-commerce primarily from the promotional aspects looking at the vast
opportunities and the need to sensitize the population to the possibilities of the
information age. There is the need to take in to consideration the security aspects.

In the present international scenario where cyber control methods are

imperative we need to push cyber laws. Cyber Crimes are expanding due to
extensive use of computers or internet and it is important to get ahead of
cybercriminals and solve the cyber crime in short span of time and for that we
need to enact the cyber law’s which are definite and covers wide areas.

Since cyber-crime is not a matter of concern for India only but it is a

global problem and therefore the world at large has to come forward to curb this
menace. The term Cyber Crime is not defined in the Information Technology Act
2000. However the offences or criminal activities over internet elaborately dealt
by the IT Act 2000 and there punishment is prescribed in Indian Penal Code 1860
as well as other legislations. Hence, the concept of cyber crime is just a
“combination of crime and computer”.

“As a saying in criminology goes – “a crime will happen where and only
when the opportunity avails itself.” Until recently, we were aware of only
traditional types of crimes like murder, rape, theft, extortion, robbery, dacoity etc.
But now with the development and advancement of science and technology there
came into existence machines like computers and facilities like internet. The
internet has opened up a whole new virtual heaven for the people good and bad,
clever and naive to enter and interact with lot of diverse cultures and sub-cultures,
geography and demographics being no bar. The very same virtues of internet
when gone in wrong hands or when exploited by people with dirty minds and
malicious intentions, make it a virtual hell. Stories of copyright theft, hacking and
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cracking, virus attacks and plain hoaxes etc. have mounted up in the last few
years.”9

One of the critical issues in the virtual world is the matter of jurisdiction,
which is the authority of a court to hear a case and resolve a dispute within a
sovereign territory. Jurisdiction issue in the Cyber space is most complex issue.
Like climate change issues one country in itself cannot have prevention and
control mechanism to deal with the problem of internet crimes without
cooperation from other nations. The major international organizations, like the
OECD, APEC, ITU, G-8 and the commonwealth nation model law on
cybercrime, are taking important steps to curb the cyber crime through joint
cooperation’s and drafting a model law which will be standard through all over
the world. However many countries still providing safe heaven to the cyber
criminals as they have different values regarding piracy and espionage or they
have their social problems. We need to be more aware about the jurisdiction
issues of cyber crime and its impact on the world’s economy as cyber crime is the
subject matter of every country’s jurisdiction. The need of the hour is to resolve
the issue of jurisdiction as it becomes so easy to commit a cyber crime in one
jurisdiction and hide in another to get away with crime. To deal with the cyber
crime globally most countries including India have enacted Laws related to
Information Technology, these laws be named as cyber law or information
technology laws. The researcher has made up efforts to discuss this problem
extensively and the efforts taken by nation and international organisation to deal
with transnational cyber crime.

The term Cyber law denotes the legal issues related to use of information
technology in cyber world. It deals with number of issues related to intellectual
property, privacy, freedom of expression, e-commerce, cybercrimes and

9
S.K. Verma, “Controlling the Internet Crimes”, CBI Bulletin, August, 2001, p. 17
 Page|8

jurisdiction. Cyber law is basically deals with every activity which is done over
cyber space or which done using computers, internet and networking. The activity
over the internet basically doesn’t make geographical and jurisdictional
boundaries clear, but Internet users remain in physical jurisdiction and are subject
to laws independent of their presence on the Internet. As far as determination of
jurisdiction in cyber law is concerned it involve three jurisdiction firstly, laws of
the nation in which user reside; secondly, laws of the nation where server hosting
the transaction is located; thirdly, the law of the nation against whom the
transaction takes place. For example a user in India conducting a transaction with
another user in US through a server in China could tentatively be subject to the
laws of all three countries. So it is important to have a same set of cyber laws in
every country, to deal with the menance of cyber crime.

At the time of invention of any technology, the inventor hardly had any
idea regarding its misuse in the Future. Same is the case of internet, it is not
presumed at that point of time that this technology in future could be misused and
it required rules and regulation to control its activities. Today, due to advent of
technology, intelligent minds are using this medium to commit crime and doing
number of criminal activities and misusing the internet to fulfill their illegal
desires. Hence there has been felt the need for cyber laws in India.

The Government of India by keeping this in mind and also to facilitate the
e-commerce and e-records, in May 2000, both the houses of the Indian Parliament
passed the Information Technology Bill 1999. The Bill received the assent of the
President in August 2000 and came to be known as the Information Technology
Act, 2000. Cyber laws are contained in the IT Act, 2000. This Act aims to provide
the legal infrastructure for e-commerce in India. And the cyber laws have a major
impact for e-businesses and the new economy in India. The Act also amended
various sections of Indian Penal Code, 1860, Indian Evidence Act, 1872, Banker's
 Page|9

Book Evidence Act, 1891, and Reserve Bank of India Act, 1934 to make them
compliant with new technologies.

“The IT Act 2000 attempts to change outdated laws and provides ways to
deal with cyber crimes. We need such laws so that people can perform purchase
transactions over the Net through credit cards without fear of misuse. The Act
offers the much--needed legal framework so that information is not denied legal
effect, validity or enforceability, solely on the ground that it is in the form of
electronic records. In view of the growth in transactions and communications
carried out through electronic records, the Act seeks to empower government
departments to accept filing, creating and retention of official documents in the
digital format. The Act has also proposed a legal framework for the authentication
and origin of electronic records through digital signature. From the perspective of
e-commerce in India, the IT Act 2000 and its provisions contain many positive
aspects. Firstly, the implications of these provisions for the e-businesses would be
that e-mail would now be a valid and legal form of communication in our country
that can be duly produced and approved in a court of law. The Companies shall
now be able to carry out electronic commerce using the legal infrastructure
provided by the Act. The Digital Signatures have been given legal validity and
sanction in the Act. The Act throws open the doors for the entry of corporate
companies in the business of being Certifying Authorities for issuing Digital
Signatures Certificates. It also allows Government to issue notification on the web
thus heralding e-governance. The Act also enables the companies to file any form,
application or any other document with any office, authority, body or agency
owned or controlled by the appropriate Government in electronic form by means
of such electronic form as may be prescribed by the appropriate Government.”10

10
“An Introduction to cyber crime and cyber law” by professor R.K. Chaubey, Kamal Law
House, ed.2012
 P a g e | 10

In spite of all the provisions, the Information Technology Act, 2000, has
failed to address several key issues. So to deal with these issues the Information
Technology Amendment bill 2006 was introduced. “The Information Technology
(Amendment) Bill, 2006 proposes to amend the IT Act to (a) make the
authentication of electronic record technology neutral, (b) provide for protection
of personal information, (c) change the name and constitution of the appellate
tribunal, (d) limit the liability of intermediaries and (e) establish an examiner of
electronic evidence. It specifies that publishing or transmitting of offensive or
pornographic material in electronic form would be an offence. In addition the Bill
amends the Indian Penal Code, 1860 to include new offences such as identity theft
and recording or transmitting nude images of a person without his permission”. 11
The Information Technology (Amendment) Bill, 2006 was introduced on
December 15, 2006 in the Lok Sabha to amend the Information Technology Act,
2000, which is currently incapable to handle the ever growing threats to the IT
industry. The Bill proposes to amend some of the existing sections and insert new
sections in the Information Technology Act, the Indian Penal Code, the Indian
Evidence Act and Code of Criminal Procedure to address various issues.

The Bill, when passed, would enable cracking down crimes against IT and
business processing outsourcing companies working in the country. In the recent
past several incidents of data theft by the call centre employees came into light.
To curb this problem, a new section is proposed to be provided for prevention of
theft of data. It would ensure that any corporate body that handles any sensitive
personal data, implements reasonable security practices and procedure. This
would reassure companies, which give outsourcing business to Indian companies,
that there is a legal requirement for the companies to take all due care and caution
to prevent theft of sensitive personal data. To check the growing sharing of

11
http://www.prsindia.org/billtrack/the-information-technology-amendment-bill-2006-86/
(Accessed on 3rd February,2016)
 P a g e | 11

personal information about the users by the telecom and banking firms it is
proposed to extend the scope of provision in the Act pertaining to breach of
confidentiality and privacy. The Bill also proposes to enable Government to make
rules regarding prevent any intermediary, who by virtue of any user having
availed his services, has secured any material or information relating to such user,
from passing it on to other persons, in normal circumstances, without the consent
of the user. Such a provision will encourage the service providers to invest in
laying and providing network and other infrastructure facilities. The Bill also
proposes to provide legal framework for new forms of crimes like publishing of
material containing sexually explicit act in electronic form, video voyeurism, e-
commerce frauds through impersonation commonly known as phishing, identity
theft and offensive messages through communication service by proposing to
insert new sections in the Information Technology Act, and in the Indian Penal
Code and Code of Criminal Procedure. The real issue is how to prevent cyber
crime. For this, there is need to raise the probability of apprehension and
conviction.

In the present world we need stringent laws to deal with the cyber crime
and for that we need to amend our cyber law to deal with present situation. Cyber
Crimes are a new class of crimes to India rapidly expanding due to extensive use
of Internet. the government of India has taken measures to make sure that every
police station which deals with cyber crime do have police officer who are well
versed in cyber law and information technology. Measures have been taken to
have cyber cell in every district which specifically deals with Cyber crimes. The
Concept of E- FIR has been initiated by many state governments in India to report
the crimes. Every Police station has computers which are directly connected to the
police Head Quarters. The pace of the investigations can become faster; judicial
sensitivity and knowledge need to improve. The Government has taken steps to
 P a g e | 12

educate the police and district judiciary. We need to sensitize our investigators
and judges to the nuances of the system.

The rationale of this thesis is to cover the complete scenario of cyber

crimes, their magnitude and nature, and the person who doing these crimes and
the law to curb these crimes. This research work will also take a comprehensive
view of the governmental efforts being done on national and international level to
stop such crimes and action needed in future to deal with these crimes. An effort
will also be made to strongly analyze the various perspectives of IT Act, 2000 and
IT Amendment act 2008; its pros and cons including its inadequacy and the
possible means and ways to overcome them.

2. Review of literature

The Most important aspect of writing a thesis on important topic and

subject is to consult good books, articles and most importantly if we are dealing
with law subjects then guidelines and direction given through judgments by
Supreme court of the country. The first step towards starting your research is to
review the existing literature on the subject. After the identification of the
problem of the research we need to find the answers in the existing literature. The
existing literature clear our concept makes us understand about other aspect of
research also. It also helps in formulating research methodology. A number of
books, monographs, reports, research papers and articles deal with the subject of
prevention and control of cyber crimes.

1. Prof. (Dr.) R.K. Chaubey in his book “An Introduction to Cyber

Crime and Cyber Law” has highlight the importance of ‘right to privacy’ in
information and communication era, he further stated that due to the advancement
of the technology, it is possible spy can listen the secret conversation between
peoples and the technology provided tools in the hands of cyber criminals to
invade the privacy of the others. The author has explained everything with cyber
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law in details and covered number of areas such as cyber forensics, digital
investigation, and latest cyber crimes like crime done through the mobile phones
etc. he has also examined the issue of jurisdiction in detail with emphasis on
international and national laws and the how to solve the long pending issue of
jurisdiction in case of cyber crimes. He also discusses the issue of intermediaries
liability extensively and also highlighted the crime related to the intellectual
property rights.12
2. Dr. Talat Fatima, with his book “Cyber Crimes” highlighted the novel
problems faced by the legislatures throughout the world in determining the
liability related to cyber crime with special reference to Information Technology
Act, 2000.13
3. K. Mani Advocate in his book “A practical approach to cyber laws”
has discussed the suitable amendments required in our existing law to facilitate
the e-commerce in the information technology age. The author also emphasis on
amendments on various regulation especially Indian evidence acts to prevent the
possible misuse arising out of transactions and other dealings concluded over
electronic medium as it is urgent need to make changes in existing laws. The
author also discussed the recent case laws extensively in this book.14
4. Justice Yatindra Singh with his book “Cyber Laws” has discussed the
intellectual property rights like trademarks, copyrights, patents in cyber space.
The author through the judgments given in the case of Napster Case15 and Sony
Play Station Case16 analyzed the infringement of copyright. He further explained
the concept of e- commerce, taxation and issue of privacy in detail.17

12
Prof. R.K.Chaubey, “An Introduction to Cyber Crime and Cyber law”, Kamal Law House,
2012
13
Dr. Talat Fatima, “Cyber Crimes”, Eastern Book Company, 2011.
14
K. Mani, “A practical approach to cyber laws”, Kamal Publishers, 2012.
15
A & M Records Inc v. Napster Inc, 114 F. Supp 2d 896(N.D. Cal 2000)
16
Kabushiki Kaisha Sony Computer Entertaining v. Stevens, 2002 FCA 906
17
Justice Yatindra Singh, “Cyber Laws”, Universal Law Publishing co., 2007
 P a g e | 14

5. Vivek Sood Advocate in his book “Cyber Crimes, Electronic Evidence

and Investigation: Legal Issues” deals with the challenges and legal issues with
respect to cyber crimes that confront criminal justice systems throughout the
world, with problems determining jurisdiction, cross-border investigation,
collection of evidence, and finally the prosecution of the offenders. This book has
extensively deals with all these issues with special reference to Information
Technology Act, 2000 and IT Amended Act, 2008.18
6. Vakul Sharma Advocate in his book “Information Technology: Law
and Practice” has thoroughly explained the section of Information Technology
Act, 2000 with latest case laws. Apart from that the author also discussed the
issue of cyber jurisdiction with international perspective and the issue of freedom
of speech and expression in online medium. The author further explained the
issues related to Intellectual property rights in electronic medium and Indian law
related.19
7. Dr. Jyoti Rattan in his book “Cyber Laws and Information
Technology” the author through this book provides basic insight into the various
technical and legal issues of cyber law. The author further explained the grey
areas which needed to be addressed by the government in the information
Technology Act, 2000.20
3. Scope of research work

The study is important both from the academic and practical point of view.
On an academic level, it talks about the sensitized judiciary which deals with all
the important facts regarding cyber crimes. On the practical level, it clearly shows

18
Vivek Sood, “Cyber Crimes, Electronic Evidence & Investigation, Legal Issues”, Nabhi
Publication, 1st Revised Edition, 2010.
19
Vakul Sharma, Information Technology: Law and Practice, Universal Law Publication Co.,
2015
20
Dr. Jyoti Rattan, Cyber Law and Information Technology, 5th Edition, Bharat Law House Pvt.
Ltd., 2015
 P a g e | 15

the extent to which judicial approach meets the needs of the day by shielding the
people against various cyber offences. The result of the study is based upon the
evaluation of existing law and measures that needs to be taken to face the present
and future issues related to cyber law globally by evaluating the legislative and
judicial philosophy in the research area. The main aim of the study is to evaluate
the cyber laws globally and interpret them according to present needs. The
researcher also attempt to find out that whether it is possible to have a uniform
law to deal with the menance of cyber crime. The practical utility of the work lies
in the fact that policy making institutions may remove ambiguities surrounding
the cyber laws. They may also enact specific cyber legislations pertaining to cyber
crimes.

4. Formulation of the problem

The main objectives of the present study are as under:
1. To trace the beginning and development of the cyber crimes.
2. The issues that comes while dealing with Cyber crimes.
3. To analyze the principles of jurisdiction in cyber offences and what
measures has been taken by the international Organizations and collectively by
Countries to deal with the issue of crime.
4. To find out whether the Information Technology Act 2000 is good
enough to deal with the challenges created by the activities on cyber space.
5. To find out the international initiative to curb cyber menace.
6. To find out whether it is possible to have a uniform law worldwide to
deal with cyber crime.
7. To find out the defects in existing law which deals with cyber crimes?

8. To suggest the reforms and remedial measures for the prevention and
control of cyber crimes.
 P a g e | 16

5. Research Methodology

This present study is doctrinal in nature. The present study is based on

both primary as well as secondary sources. Primary sources are collected from
substantive as well as procedural pieces of legislation such as Information
Technology act 2000, Information Technology Amendment Act 2008, Indian
Penal Code 1860, Criminal Procedure Code 1973, The Indian Evidence Act,
1872, laws related to Intellectual Property Rights, Right to Information Act 2005,
Negotiable Instrument Act 1882 Reserve Bank Of India Act 1934 and Bankers
Books Evidence Act 1891. The secondary sources include crime reports, journals,
books, case laws and internet surveys etc., the finding of study will be based upon
statutory provision, and the case law delivered in the courts of India and foreign
courts. Recent Judgment of the apex court has also been discussed in the present
studies which repealed section 66A of IT Act 2000. As the scope of the subject is
vast and ever expanding with regular output of decisional material from the
courts, a representative selection of cases from United Kingdom, United States of
America and India has been made to cover all the important aspects of the chosen
problem.

6. Plan of the Study

The present research work has been divided into six chapters.

Chapter I deals with the introduction part; it articulates the problem for
study in the area of cyber crimes. It defines the concept of cyber crime and
definition of the term cybercrime given under the law and various eminent
personalities who deals with the cyber law. It describes the methodology
employed and gives an overview of literature.

Chapter II deals with cyber crime and its classification. It analyses the
definition of cyber crimes as given by renowned authors and jurists. The
 P a g e | 17

researcher has explained the nature, scope, characteristics, essential elements, and
classification of cyber crimes on global basis and also the factors responsible for
cyber crimes. The researcher also discuss the major crimes like Cyber
Pornography, cyber stalking, cyber terrorism, hacking, stealing personal data,
cyber crime related to finance etc. A general overview of the approach of
judiciary of foreign countries and India towards these cyber crimes have also been
highlighted in this chapter with the help of case laws.

Chapter III deals with issues related to jurisdiction of cyber world. The
researcher through this chapter highlights the issue of jurisdiction in cyber world.
It explains the Municipal law and international law and the problem of
Jurisdiction faced while dealing with Cyber crime. It also covers the concepts of
prescriptive, enforcement, territorial and extra-territorial jurisdiction in the cases
of cyber crimes. Whether the cyber offences are come under extraditable offences
or not. It states the US, European and Indian approach towards the personal
jurisdiction in cyber offences. The researcher also highlights the need of uniform
law to deal with the concept of jurisdiction in cyber world.

Chapter IV deals with statutory provisions regarding cyber crime in India

and makes a thorough study about the provisions of the Information Technology
Act, 2000 and Information Technology Amendment Act, 2008 and other acts
which deal with cyber offences in India. The researcher highlights the cyber
offences covered under the IT Act and their prevention, compensation and
adjudication. The researcher also highlights the objective for which this act has
been enacted by the Government of India.

Chapter V Deals with cyber crime a global challenge and discuss the
need for international cooperation to combat cyber crimes. It takes into account
various Conferences, Conventions, organizations dealing with the subject of cyber
 P a g e | 18

crimes and cyber laws, with special emphasis on the G-8 Summit on Cyber
Crime, Budapest Convention on Cybercrime, and International Conference on
Cyber Crime etc. It briefly discusses the role played by various organizations like
APEC, OECD, Council of Europe, ITU and GCC etc. It also focuses on the
international agencies like World Trade Organization (WTO), World Intellectual
Property Organization (WIPO), United Nation (UN) and Internet Cooperation for
Assigned Names and Numbers (ICANN).

Chapter IV deals with Conclusions and Suggestions. The Researcher

through this chapter highlights the shortcomings of Cyber legislation in India and
suggests the measure to prevent and control cyber crime effectively. The
researcher has specifically dealt with cyber crime in Indian Scenario and
suggested measures to control the cyber crime in India. It also suggests measures
to improve the existing law and things needs to be done to prepare the police and
judiciary to combat the cyber crime. The present research work is only an attempt
to understand the cyber crimes by making a comprehensive analysis of the cyber
crimes and relevant cyber laws of various countries with main focus on Indian
scenario.
7. Magnitude of the Problem

The Researcher is through the National Crimes Records Bureau data wants
to draw attention of the nation towards rapid increase in the cyber crime. The data
of NCRB shows that the menance of Cyber crime is still increasing after
government has taken stringent action in curbing Cyber crime. The Data Shows
following trend-
“The Information Technology (IT) Act, 2000, specifies the acts which are
punishable. Since the primary objective of this Act is to create an enabling
environment for commercial use of I.T., certain omissions and commissions of
criminals while using computers have been included in the amended Act in 2008.
 P a g e | 19

Several offences having bearing on cyber-arena are also registered under the
appropriate sections of the IPC with the legal recognition of electronic records
and the amendments made in several sections of the IPC vide the IT Act, 2000.

The statistics on cyber crimes are collected under the following heads:

i) Offences registered under the Information Technology Act 2000.

ii) Offences under the IPC related to cyber crimes
iii) Offences under the Special and Local Laws (SLL) related to
cyber crimes
Cyber Crimes
A total of 9,622 cases were reported under the cyber crimes (which
includes Information Technology Act, offences under related sections of IPC and
offences under Special and Local Laws (SLL)) as compared to 5,693 cases
registered during the previous year (2013) which shows an increase of 69.0%
over the previous year. In 2014, data on SLL cases related to cyber crimes have
also been collected. Maharashtra (1,879 cases out of 9,622 cases) has reported
the highest number of such crimes accounting for 19.5% of total cyber crimes
followed by Uttar Pradesh (1,737 cases out of 9,622 cases) accounting for 18.1%
and Karnataka (1,020 cases out of 9,622 cases i.e. 10.6%).
Furthermore, a total of 5,752 persons were arrested under such crimes during
2014 as compared to 3,301 persons arrested during the previous year (2013)
registering 74.3% increase over the previous year. Uttar Pradesh (1,223) has
reported the maximum number of persons arrested under such crimes.
Cyber crimes – cases of various categories under IT Act, 2000
A total of 7,201 cases were registered under IT Act during the year 2014
as compared to 4,356 cases during the previous year (2013), showing an increase
of 65.3% in 2014 over 2013. 77.0% (5,548 cases) of the total 7,201 cases under
IT Act were related to computer related offences (under section 66A, 66B, 66C,
 P a g e | 20

66D and 66E of IT Act) followed by 10.5% (758 cases out of 7,201 cases) under
publication/transmission of obscene/sexually explicit content (under section 67A,
67B and 67C of IT Act). A total of 2,246 cases under IT Act were pending for
investigation from previous year out of total cases for investigation (9,401cases)
during 2014. A total of 6,269 cases remained pending for investigation at the end
of the year. A total of 1,451 cases were charge-sheets during 2014. A total of
1,097 cases were pending for trial from previous year, in which maximum number
of cases were committed under IT-computer related offences (under section 66A
to 66D) (770 cases) during 2014. In 198 cases trials were completed, 52 cases
were convicted and 2,316 cases remained pending for trial at the end of the year
during 2014.
73.8% of the persons arrested (4,246 out of 5,752) are in cases relating to
IT Act, 2000. Out of such persons arrested, IT-computer related offences (under
section 66A to 66E) shows the maximum number of persons arrested (3,131 out of
4,246 persons) accounting for 73.7% followed by IT-Publication/transmission of
obscene/sexually explicit content(under section 67A to 67C) numbering 491 out of
4,246 persons accounting for 11.6% during the year 2014.
The age-wise profile of persons arrested in Cyber Crime cases under IT
Act, 2000 showed that 52.7% of the offenders were in the age group 18 yrs. –
below 30 years (2,238 out of 4,246 persons) and 39.1% of the offenders were in
the age group 30 yrs. – below 45 years (1,660 out of 4,246 persons). 67 juvenile
offenders (below 18 years) were apprehended under IT Act during 2014. A total
of 1,931 persons were charge sheeted during the year 2014. A total of 65 persons
were convicted and 165 persons were acquitted under such cases of cyber crimes
under IT Act during 2014.
Incidences of cyber crimes registered under IPC
A total of 2,272 cases were registered under various sections of IPC
during the year 2014 as compared to 1,337 such cases during 2013, thus showing
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an increase of 69.9% over the previous year. 49.1% (1,115 cases) of the total
2,272 cases registered under different sections of IPC were related to cheating
followed by 2.8% (63 cases out of 2,272 cases) under forgery. A total of 367 cases
under different sections of IPC were pending for investigation from previous year
out of total cases for investigation (2,632 cases) during 2014. A total of 1,682
cases were pending for investigation at the end of the year. In 558 cases, charge-
sheets were submitted during 2014. Data thefts under IPC crimes show highest
pendency rate (85.7%) followed by forgery cases (82.7%) during 2014. A total of
423 cases were pending for trial from previous year, in which maximum numbers
of cases were reported under cheating (143 cases) followed by counterfeiting (21
cases) during 2014. In 17 cases trials were completed, 6 cases ended in
conviction and 963 cases remained pending for trial at the end of the year during
2014.

21.3% of the persons arrested (1,224 out of 5,752) in cases relating to

different sections of IPC. Out of 1,224 persons arrested under IPC cases related
to cyber crimes, maximum persons have been arrested under cheating (335 out of
1,224 persons) accounting for 27.4% of total such persons arrested under IPC
crimes followed by 58 persons arrested under forgery cases accounting for 4.7%
during the year 2014.

The age-wise profile of persons arrested in cyber crime cases under

different sections of IPC showed that 44.4% of the offenders were in the age
group 18 – 30 years (544 out of 1,224 persons) and 41.7% of the offenders were
in the age group 30 - 45 years (510 out of 1,224 persons). 76 juvenile (below 18
years) were apprehended under cyber crimes related IPC cases during 2014. A
total of 840 persons were charge-sheeted during the year 2014. A total of 7
persons were convicted and 7 persons were acquitted under such cases of cyber
crimes under different sections of IPC during 2014.
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Cyber crimes – cases of various categories under Special and Local

Laws (SLL)

Data on cyber crimes related Special and Local Laws (SLL) like the
Copyright Act, the Trade Marks Act etc. have been collected in 2014. Section wise
data have been collected under these Acts.

A total of 149 cases were registered under various sections of SLL during
the year 2014. 79.2% (118 cases) of the total 149 cases registered under different
sections of SLL were related to the Copyright Act, 1957. A total of 66 cases under
different sections of SLL were pending for investigation from previous year out of
total cases for investigation (215 cases) during 2014. A total of 98 cases were
pending for investigation at the end of the year. In 107 cases, charge-sheets were
submitted during 2014. Cases under section 63 of the Copyright Act has highest
pendency rate (50.0%) during 2014. A total of 674 pending cases brought
forward for trials during 2014, in which maximum cases were reported under the
Copyright Act (671 cases) In 103 cases trials were completed, 18 cases ended in
conviction and 678 cases remained pending for trial at the end of the year during
2014.

4.9% of the persons arrested (282 out of 5,752) are in cases relating to
different Acts & sections of SLL. Out of such persons arrested, the maximum
number of persons arrested numbering 167 out of 282 persons were in cases
under the Copyright Act accounting for 59.2% followed by other SLL offences
(115 out of 282 persons) during the year 2014.

The age-wise profile of persons arrested in Cyber Crime cases under

different sections of SLL showed that 46.5% of the offenders were in the age
group 18 – 30 years (131 out of 282 persons) and 43.6% of the offenders were in
the age group 30 - 45 years (123 out of 282 persons). 6 juveniles (below 18 years)
 P a g e | 23

were apprehended under SLL crimes during 2014. A total of 227 persons were
charge sheeted during the year 2014. A total of 23 persons were convicted and
104 persons were acquitted under such cases of cyber crimes under different
sections of SLL during 2014.”21

21
http://ncrb.nic.in/ (Accessed on 4th of February, 2016)