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What Is Cyber Crime Law| An Overview Of Cyber Crime
The chief laws that tackle cyber crimes in India are The Information Technology (IT) Act, 2000 and the Indian Penal Code, 1860.
As per the IT Act, cyber crime is “a criminal activity that either targets or uses a computer, a computer network or a networked device.”
Types of cyber crimes
Child pornography/child sexually abusive material:
Online sextortion:
Online fraud schemes for jobs:
Online fraud scheme for jobs generally mislead people by promising them or informing about jobs with higher pays in a false manner. Certain schemes also ask the person to pay a certain amount to get the job.
Cybergrooming:
Luring a teenager into a relationship and teasing them or pressurizing them to indulge in a sexual act.
Cyberbullying:
Harassing or bullying somebody using computer, mobile, or other electronic media is called cyberbullying. The behavior is repeated with the intention to scare, shame, or provoke the target.
Cyberstalking:
Harassing or stalking somebody online using mobile, tracking device, internet, and other such technology. It is usually done through emails, texts, social media posts, and other forms. The behavior is generally methodical, persistent, and intentional with a malicious motive.
Phishing:
Phishing involves sending an email that looks exactly like that from an authentic source, but contains a harmful attachment that steals the recipient’s personal details like IPIN, Card number, ID, and others. This information is then sold to the dark web.
Vishing:
Vishing involves stealing the target’s confidential details through smart phones by the use of advanced social engineering techniques that make the target divulge personal details. The technique fools the target into thinking that he or she is responding to an authentic call from the government, police, tax department, or bank.
Smishing:
Smishing involves using a text message and sending it to the target’s mobile number to trick him or her into calling to a fake number or into visiting a fake website or into downloading some software that is malicious.
Credit card/debit card fraud:
The fraudster makes unauthorized withdrawals or purchases using the target’s credit card or debit card. This happens when the fraudster steals the card holder’s PIN or hacks the account online.
Impersonation/ pretexting/identity theft:
Impersonation means deceiving somebody by pretending to be the other person and using their electronic signature, password, or other unique identity. It is also called pretexting in which the pretexter does an in-depth research on the target; then poses as a trustworthy person such as the target’s technician, employee, bank official, etc., to gain sensitive information. Criminals can impersonate an individual or an institution.
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Frequently Asked Questions (FAQs)
The Government of India has created National Cyber Crime Reporting Portal where you can lodge complaints online. You can also file an FIR at your nearest police station. In addition, consult a lawyer who will tell you the correct action to take in case you are a victim of cyber fraud. Legal Advice On Cyber Crimes
You can take the following measures:
- Use updated software and keep your computer’s security updated.
- Use strong passwords.
- Change your passwords at regular intervals.
- Avoid sharing sensitive date on social media platforms.
- Refrain from sharing personal information as much as possible, such as date of birth, city you live in, etc.
- Switch off your home Wi-Fi or device internet when not in use.
- Use public Wi-Fi sparingly.
- Use your own cables and charger for charging your device at public charging station.
- When in doubt, avoid clicking on unknown links or websites.
- Be alert when dealing with strangers on social media platforms.
Yes. Depending on the crime, the convicted person can be sentenced to anything between 3 to 7 years, plus a fine. In case of cyberterrorism, the convict can get life imprisonment under Section 66F of IT Act.
Cheating, forgery, fraud, threat, defamation, etc can also be done through using computer. These crimes are tackled under IPC sections and other special laws. For example, for sending a threat email, the person can be booked under Section 506 IPC; for defamatory email, there is Section 500 IPC; for online sale of illegal drugs, NDPS Act comes to play, and so on. Legal Advice On Cyber Crimes
A lawyer is important because cyber crime cases are complicated. At times, the authorities may need to use IT Act and IPC Sections both, depending on the nature of the crime. You must not stay silent, if you are a victim because there are laws to tackle such crimes and you can easily hire experienced lawyers in this regard. There are cases where in people are framed through identity theft. In this case, take legal help at once. In case you have done a fraud and are accused of one, you can also hire a lawyer and know your rights and what the outcome can be. Even if you are convicted, a lawyer can help to reduce your sentence or use other such legal options available.