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Cyber Crime: Critique - Afham Akhtar


What is Cyber Crime?

Cyber Crime also known as Cyber Attack has now become one of the most frequently occurring crimes in recent years. Cyber Crime or Cyber Attack could be understood as a Cyber Crime which is considered to be an illegal targeting of electronic devices or systems is done.[1] It is a type of assault attack on the computer and its data, which might result in disabling the computer, steal data, or breach of the computer user interface, etc.[2] In simpler words, it could be understood as an attack made by the use of a computer to attack another computer for the unauthorized access and use of assets. These computers could be anywhere on the computer and can attack any of the computers around the globe connected to any network. These attacks possess tremendous threats to users over the internet and national security. In the era of the Internet, it has not only empowered humans with technical feasibility and accessibility but even the government. Today almost 57 of the global population have internet access and are using this interface for their work, or social networking inclusive of the government using the internet for work.[3] Though there are many types of Cyber-crime attacks such as Salami Attack, Dos Attack, or Phishing. This might result in breaking down of servers like those of communication, or stored data, or transmission of data.


Cyber Crimes: Laws in India

The Information Technology Act, 2000 (hereinafter IT Act) deals with the issue such as those of Cyber Crimes and Cyber Attacks. These laws were enacted for the very purpose of dealing with the omission of such acts, Chapter XI of the IT Act deals with the offences. Apart from the IT Act, the Indian Penal Code also defines some of the common cybercrimes such as sending threatening emails under section 503, Cyber Fraud under section 420, web jacking under section 383, etc.

Cyber Crime precisely is covered under the Section 66F of the IT Act, which is instated as

Whosoever intentionally threatened the integrity, unity, sovereignty or security or strike terror amongst the people or any group of people by the attempt to break in or access a computer resource without the authorization or to exceed authorized access.”[4]

The word intention implies that the cybercriminal has knowingly tried or tried to gain access to a computer or database which any information with the reason to believe it to be discrete in its origin or tried to thwart the same to injury the interest of the independence or integrity of user or the country.


Recent Instance of Cyber Crimes.


1. Cosmos Bank Cyber Attack Case

This Cyber Attack took place in 2018, where Cosmos Bank in Pune faced a daring attack that siphoned 94.42 Crore from Cosmos Cooperative Bank Ltd. Not satisfied with the attack they also took details of visa and debit cardholder. This money was wiped out from around 28 countries, while they left no track of their records.


2. ATM System Case

This attack took place around mid-2018 where the Canara bank ATM server was compromised and was a mere target of Cyber Attack. Almost 20 Lakh rupees were wiped off from various bank accounts and confidential details of numerous people were taken.


3. UIDAI Aadhaar Software Case

Similarly, in 2018 a massive data breach of the UIDAI government made Indian Aadhaar data was breached, According to UIDAI around 210 government websites had leaked the data of Indian Online. This information breached comprised of Pan number, mobile number, bank account details, apart from this these details were sold on WhatsApp for 500 R.s /-.


4. Indian Healthcare Website Case

As per US-based Cyber Security Firm Reports, Hackers broke into India based healthcare Website stealing records of 68 Lakh patients and doctors. This occurred around in 2019, and yet no trace has been found of the attack.


5. Prime Minister Account Hack

Recently in September, Prime Minister Website data was breached and data of 5 lakh user of naredramodoi.in was stolen. Even PM Twitter Account was hacked in the same month.[5]


Judicial Approach to Cyber Crimes


1. The Bank NSP Case

The aforementioned case is considered to be one of the leading cases of cybercrime. The use of bank ID to send fraudulent emails to foreign clients of the bank, affected the working of the bank and lost customers, and ended up in this case. The court in this case held the bank liable for the mails sent using the bank system.


Andhra Pradesh Tax Case

A prominent businessman from Andhra Pradesh was exposed after an IT Raid, where his laptop was seized along with 22 crore cash. When presented in court he submitted vouchers to evade the unaccounted case for, but it was caught from his laptop that those vouchers were forged and made after the raid. This determined the fact that the person was running 5 businesses under the guise of one company and used fake and computerized vouchers to show sale records and save tax.


2. Bazee.com Case

The CEO of Bazee.com was arrested concerning CD with objectionable material was being sold on the website. The CD was being sold in Delhi and Mumbai. This drew the assumption over the Internet Service Provider and Content Provider of the distinction of content. It also tends to direct how the administration should handle cybercrimes.[6]


Conclusion

Modern technology has proliferated many cybercrimes in the recent times. To tackle these issues, the administration over the ground level needs to be efficient enough to arrest the culprit. The need of the hour is to highlight the illiteracy regarding the rights, laws and the procedure.

Apart from administrative effectiveness, a supervising authority must meet accuracy and transparency along with technological assistance i.e. recruiting or giving the training to trace and tackle Cyber Attacks would only benefit the society and curtail further attacks from happening.


[1] Animesh et al, brief study on cybercrime and cyber laws of India, http://www.southcalcuttalawcollege.ac.in/Notice/50446IRJET-V4I6303.pdf [2] Yale, The law of Cyber Attack, https://law.yale.edu/sites/default/files/documents/pdf/cglc/LawOfCyberAttack.pdf [3] Statista, Worldwide Digital Population, October 2020, https://www.statista.com/statistics/617136/digital-population-worldwide/ [4] Information Technology Act, 2000 s. 66F [5] Pallavi Dutta, 5 Biggest Cyber Attacks in India, Kratikal Blogs, https://www.kratikal.com/blog/5-biggest-cyber-attacks-in-india/ [6] Id at 1.

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