Cyber Jurisprudence

 

P.S Nikita1, Aroshi Pal1

1BBALLB student of 1st Semester, Kalinga University, Naya Raipur Chhattisgarh.

*Corresponding Author E-mail: psnikita97@gmail.com; Aroshi.pal@gmail.com

 

 

ABSTRACT:

In recent years internet have become very popular and lots of research is being done on them. This paper concentrates on cybercrime which is the most challenging issue. Cyber crime occurs almost daily on the social electronic media. To detect such cybercrimes we need cyber law. Cybercrime effect the computer devices and computer networks as well as the people and organization. Today India facing many problems which are directly related to cyber crimes for e.g. fraud schemes, data mining etc. The backbone of the research study is the information technology Act 2000. Information technology Act 2000 is one of the important statutes in India to tackle cybercrimes. Cyber crimes are punishable under various statutes besides IT Act, 2000. For example under section 22, 23, 33, 44, 97, 268, 378, 425 of Indian penal code, 1860.

 

This presentation contains the details of cyber jurisprudence, cyber crime, cyber law in India and cyber crimes investigations.  If we really wants to fight with such type of crimes, we need an international coordination and cooperation as well as training of the investigation agency and the judicial members.

 

KEYWORDS:  Cyber jurisprudence, cyber crime , classification of cyber crimes, cyber crimes in India , cyber law,  cyber criminals.          

 

 

 


INTRODUCTION:

As we all know that internet offers great benefit to our society .we perform various activities of our daily life through internet. Internet provides useful information to us but it has also given birth to some major problems. Today computers plays an important role in almost in every crimes that is committed.  Now a day People are cheated by the misuse of information technology. This misuse of information technology is known as cybercrime.

 

CYBER JURISPRUDENCE:

Jus and prudential is a Latin words which being mutated as jurisprudence. The English meaning of jurisprudence is “knowledge of law”.

 

DEFINATION: Cyber jurisprudence is the study of laws which is directly related to cyber crimes. Cyber jurisprudence also describes the principles of legal issue, which exclusively regulates the cyberspace and internet. Cyber jurisprudence gives us to analysis of the law where there is no land and even there is no border, where all things may be different from the physical world, they may be virtual from origin and nature.

 

In short cyber jurisprudence deals with the composite idea of cyber jurisdiction.

 

CYBER CRIME

DEFINATION:   Crimes which are committed with the use of computers or related to computers through internet is known as cybercrime.

Cybercrime is a term which is used to describe the criminal activities which is done with the help of computers, in such type of crimes computers are used as a tool or as a target.

 

Cyber crime can be categorize in two ways –

1] When computers are used as target.

      e.g.  Virus attack, hacking etc.

2] When computers are used as a tool.

     e.g.  Pornography, cyber terrorism etc.

 

Cyber crime also refers to many activities which are performed by criminals like credit card fraud, hacking, child pornography etc.

 

DIVISION OF CYBER CRIME

Cybercrime can be divided into three categories.

a] Cybercrimes against individuals.

b] Cybercrimes against property.

c] Cybercrimes against government.

 

CYBER CRIMES AGAINST INDIVIDUALS

This types of crime includes transmission of child pornography, harassment of any one with the use of computer such as e-mail and cyber stalking. This is that type of crime, which threatens to undermine the growth of the younger generation as also leave irreparable scars and injury on them, if not controlled.

 

Types of cybercrimes against individuals

·      Cyber pornography

·      E-mail spoofing

·      Cyber defamation

·      Cyber staking

 

CYBER CRIME AGAINST PROPERTY

These is the second form of cybercrimes which play against all forms of property. These crimes contain unauthorized computer trespassing through cyberspace. Unauthorized possession of computerized information, computer vandalism and transmission of harmful programs comes under it. Software piracy is also another distinct kind of cybercrime.

 

Types of cyber-crimes against property

·      Hacking

·      E-mail bombing

·      Financial crimes

·      Sale of illegal articles

·      Intellectual property crimes

·      Forgery

·      Fraud

·      Trojan attacks

·      Logic bombs

·      Virus or worms attacks

·      Salami attacks

·      Data diddling

·      Copyright infringement

 

CYBER CRIME AGAINST GOVERNMENT

In this category cyber Terrorism is a distinct kind of crime. This crime include when an individual cracks into a government or military maintained website.

 

CYBER CRIMINALS

When a person commits an illegal Act with a guilty intention then that person is called a cyber criminal or offender. In short any person who commit a cyber crime is known as a cyber-criminal. Cyber criminals may be organized hackers, discontented employees, professional hackers or a teenager’s also. It is true that most of the cyber criminals are teenagers. Teenagers thinks that it is a matter of pride to hack someone personal computer or a websites.

 

RESENT CASE

The Chennai city police have arrested an engineering college student from Tamil nadu for sending of unsolicited messages to a chartered accountant. Now the boy is released on bail.

 

Cyber law

Cyber law is the law which governing cyberspace. Actually this law is directly related with cyber crimes, intellectual property, data protection and privacy and electronic signature.

 

CYBER LAW IN INDIA

Cybercrime is unlawful acts. In which the computer are used as a tool or target. Cybercrime includes all those criminal activities that are traditional in nature such as fraud, forgery, all of which are subject to the Indian penal code. The misuse of computer has also given birth to a gamut of new age crimes that are addressed by the information technology Act 2000.

 

CHECKING CYBER CRIMES UNDER INFORMATION TECHNOLOGY ACT: 

The information technology Act 2000 which is amended by IT Act 2008 check the issue which is directly related with cyber crimes or E-mail crimes, or computer crimes. When a criminal commit the crime by using internet as the sources of target or as a tool then such type of crimes is called cyber crime.

The information technology Act 2000 provides strict punishment for cyber crimes such as imprisonment up to 10 years and also file upto 1 crore.

 

MAIN FEATURES OF THE INFORMATION TECHNOLOGY ACT, 2000:

India has enacted the information technology Act in the year, 2000 based on the modern law on electronic commerce adopted by the United Nations commission on international Trade Law. Main features of the information technology Act, 2000 are as follows:

·      The Act provides for regulation of certifying Authorities. This Act also empowers the certifying Authority to issue Digital signature Certificate.

·      The Act provides for establishment of cyber Appellate Tribunal.

·      The act completely bars the jurisdiction of civil court.

·      Breach of confidential and privacy.

·      Fraud

·      Publishing digital signature certificate falsely.

·      Misrepresentation.

·      The Act also provides for confiscation of any computer, computer system, floppies, compact Discs, tap drives or any other accessories related in the commission of the offence.

·      The Act also provides powers to control and state Govt. to frame rules and regulations for effective implementation of the Act.

 

This Act consists of 94 sections with 4 schedules. There are 13 chapters that deal with preliminary aspects, digital signature, security of electronic records, penalties, electronic governance, offences, adjudication etc.

Relevant provision of the Indian penal code have been amended in accordance with the schedule appended with IT Act. Following activities have been made punishable.

 

·      Destruction of electronic records to prevent its production as evidence in court is punishable.

·      Counterfeiting electronic records is made punishable.

·      Fabricating false evidence by making fictitious entry in electronic book or record is made punishable.

·      Whoever being a public servant prepares in correct electronic records in discharges of his officials duty, is liable for a punishment up to three years.

·      Forgery by making false electronic records is also an offence.

 

PREVENTION AGAINST CYBER CRIME

·      On cyber law, both the central and state government should allocate more funds for conducting researchers.

·      In both school and college, a subject on cyber Law should be introduced.

 

·      An international Law on the use of computer to cybercrimes and to crimes free cyber space is needed.

·      The Act should be amended suitably in consonance with the development of science and technology.

 

CONCLUSION:

We have seen a great development in the field of wireless networks. In this paper a number crimes which are related to cyber are describes. Prevention is better than cure, therefore the prevention measure to protect electronic records may be more fruitful than enactment and high tech professionals can better accomplish the task.  So it is necessary to take prevention while operating it.  In order to prevent cyber crime it is important to educate everyone. Crimes conception should be aimed at making the criminal law breathe for preservation of public order, minimization of crime protection of potential victims and a meaningful treatment of criminals.

 

REFERENCES:

Joseph polony – computer trends – Law Enforcement Response – CBI Bulletin Vol. VI No. 5 may, 1998.

Abhimanyu  Behera – cybercrimes and law in india .

Farooq Ahmed – cyber law in India.

Carter David – computer crimes categories – how techno – criminals operate, FBI Law enforcement, bulletin, July, 1995.

 

 

 

Received on 11.08.2016       Modified on 27.08.2016

Accepted on 10.09.2016      © A&V Publication all right reserved

Int. J. Rev. and Res. Social Sci. 4(3): July-Sept., 2016; Page 168-170.

DOI: 10.5958/2454-2687.2016.00008.3