Today's era is the era of computer and Internet.  It is also difficult to imagine a big task without the help of a computer.  In this case, criminals are also getting hi-tech with the help of technology.  They are using computers, internet, digital devices and world wide web etc. to commit crime.  Online fraud or theft is also an important crime in this category.  Hacking someone's website or stealing system data all come under the category of cybercrime
What is the law on cybercrime - Cyber ​​Crime Law in India
Crimes ranging from petty fines to life imprisonment can be given for offenses committed through computer, internet, digital devices, world wide web etc.

Security and investigative agencies around the world are taking cyber crimes very seriously.  In such cases, Information Technology Act 2000 and Information Technology (Amendment) Act 2008 are applicable, keeping in mind the other aspects of the case, the Indian Penal Code (IPC), Copyright Law 1957, Company Law, Government Secrecy Law and even  That in rare cases anti-terrorism laws can also be enforced.

In some cases, IT Rules 2011 issued separately by the IT Department of the Government of India also apply.  The law also provides an appropriate mechanism to protect innocent people from the complaints submitted,

But computer, telecom and internet users should always be alert that no cybercrime is happening unknowingly to them.  To safely use technical means, always remember that avoiding treatment is better.

1 - Data theft

Theft of personal or confidential data (information) from any technical system of another person, organization, etc.  If you have official access to the internal data of an organization, but you use your legitimate access without the permission of that organization, with the intention of illegitimate misuse of it, then it will also come under its purview.  There have also been cases of theft of personal data of people in call centers, organizations having knowledge of others, etc.

 - Section 43 (b), section 66 (e), 67 (c) of the IT (Amendment) Act 2008
 - Sections 379, 405, 420 of IPC
 - Copyright law

Punishment: Jail up to three years and / or fine up to two lakh rupees depending on the severity of the crime.

2 - Hacking

Hacking means unauthorized intrusion into a computer, device, information system or network and tampering with data.  This hacking can happen through physical access to that system and also through remote access.  That hacking does not necessarily result in damage to that system.  Even if no harm has been done, intruding also comes under cybercrime, for which there is a provision of punishment.

 - Section 43 (a) of the IT (Amendment) Act 2008, section 66
 - Possible action under sections 379 and 406 of IPC
Punishment: up to three years in jail and / or a fine of up to five lakh rupees if proved an offense.

3 - Pornography

The scope of pornography includes photos, videos, text, audio and content which are sexual in nature and based on sexual acts and nudity.  The anti-pornography law applies when publishing such material electronically, sending it to someone or publishing or sending it through someone else.

Those who make others' nude or pornographic videos or make MMS and pass them on to others through electronic means, sending obscene messages against someone's will, are also covered.

Exception: It is illegal to publish pornography and pass it on to others via electronic means, but it is not illegal to see, read or listen to it, but it is also illegal to view child pornography.  Proper material prepared in public interest for works related to arts, literature, education, science, religion etc. is not considered illegal.

 - Section 67 (A) of IT (Amendment) Act 2008
 - Sections 292, 293, 294, 500, 506 and 509 of IPC

 Punishment: In terms of the seriousness of the crime, the first mistake is up to five years in jail and / or a fine of up to ten lakh rupees.  For the second time, the prison sentence is seven years for committing a mistake.

4 - Child Pornography

The law is even more stringent in such cases.  To publish or send anything to children in sexual act or in electronic format showing naked.

Going further, the law states that people who create, collect, find, watch, download, advertise, promote, deal with or distribute pornographic content involving children  So that is also illegal.

Preparing children for seductive online relationships, then having sex with them or recording sexual activities involving children, creating MMS, sending others etc. are also covered under this.  Here children mean - people under 18 years.

 - Section 67 (B) of IT (Amendment) Act 2009, sections 292, 293, 294, 500, 506 and 509 of IPC

 Punishment: Five years in jail and / or a fine of up to one million rupees on the first offense.  Jail up to seven years and / or fine up to one million rupees on second offense.

5 - E-mail spoofing and fraud

Sending e-mail to others with the wrong motive using the email address of another person is under this.  This type of fraud is used more to spread hacking, phishing, spam and virus-spyware.

The purpose of this is to cheat the e-mail recipient and get his confidential information.  Such information can include bank account number, credit card number, password of e-commerce site, etc.

 - Section 77B of IT law 2000
 - Section 66D of IT (Amendment) Act 2008
 - Sections 417, 419, 420 and 465 of IPC.

 Punishment: up to three years in jail and / or fine.

6 - Identity Theft

Using data related to the identity of another person, secret information, etc.  For example, some people do shopping, withdrawal of money, etc. using the credit card number, passport number, Aadhaar number, digital ID card, e-commerce transaction password, electronic signature etc. of others.  When you commit a crime or take advantage of an illusion by pretending to be someone else, then it comes under the identity theft.

 - Section 43, 66 (c) of IT (Amendment) Act 2008
 - Use of Section 419 of IPC possible

 Punishment: up to three years in jail and / or fine up to one lakh rupees.

7 - Virus-spyware spreading

People do not pay attention to the removal of viruses and spyware in the computer.  These viruses spread to others via their computers.  Hacking, downloads, internal networks of companies, Wi-Fi connections, and unsafe flash drives also spread viruses via CDs.

There is an entire industry of criminals who take strong action against them.  By the way, ordinary people can also come under the purview of the law, if their negligence causes dangerous virus in someone's system and causes great harm.

 - Section 43 (c) of the IT (Amendment) Act 2008, section 66
 - Section 268 of IPC
 - Section 66 (f) related to cyber terrorism is also applicable (non-bailable) on viruses spread to threaten the security of the country.

 Punishment: Life imprisonment in cases related to cyber-war and cyber terrorism.  Jail and / or fine up to three years in other cases.

IPR (Intellectual Property) Violation

There are no separate provisions in Indian cyber laws on cases of stealing and publishing unauthorized use of others' content on the web, but there is a reasonable system of action under traditional laws.  Using books, articles, videos, pictures, audio, logos and other creative materials without permission is unethical and illegal.  Also, software piracy, trademark infringement, theft of computer source code and patent infringement are also covered under this offense.

 - Section 14 of the Copyright Law 1957, 63B

 Punishment: jail for seven days to three years and / or fine ranging from Rs 50 thousand to Rs 2 lakh.

to irritate

Cases of harassing children or women through social networking websites, e-mails, chats, etc. continue to come up every now and then.  Sending obscene or threatening messages to someone via digital or harassing them in any form comes under the purview of cybercrime.  Spreading rumors against someone maliciously (as in the case of the people of the Northeast), spreading hatred or maligning.

 - Section 66 (A) of IT (Amendment) Act 2009

 Punishment: up to three years in prison and / or fine