A Brief Study on Cyber Crime and Cyber Law's of India PDF

International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 A brief study on C...

International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 A brief study on Cyber Crime and Cyber Law’s of India Animesh Sarmah, Roshmi Sarmah , Amlan Jyoti Baruah, 1,2Deptof CSE, Assam Kaziranga University 3Assistant Professor, Dept of CSE, Assam Kaziranga University ---------------------------------------------------------------------***--------------------------------------------------------------------- Abstract - As we all know that this is the era where most through the internet or the cyberspace, along with the of the things are done usually over the internet starting laws that are imposed against those crimes and criminals. from online dealing to the online transaction. Since the web We are additionally trying to focus on the safety in is considered as worldwide stage, anyone can access the cyberspace. resources of the internet from anywhere. The internet technology has been using by the few people for criminal 3. CYBER CRIME AND CYBER LAW activities like unauthorized access to other’s network, scams We can define “Cyber Crime” as any malefactor or other etc. These criminal activities or the offense/crime related to offences where electronic communications or information the internet is termed as cyber crime. In order to stop or to systems, including any device or the Internet or both or punish the cyber criminals the term “Cyber Law” was more of them are involved. introduced. We can define cyber law as it is the part of the legal systems that deals with the Internet, cyberspace, and We can define “Cyber law” as the legal issues that are with the legal issues. It covers a broad area, encompassing related to utilize of communications technology, many subtopics as well as freedom of expressions, access to concretely "cyberspace", i.e. the Internet. It is an endeavor and utilization of the Internet, and online security or online to integrate the challenges presented by human action on privacy. Generically, it is alluded as the law of the web. the Internet with legacy system of laws applicable to the physical world. Key Words: Internet, Unauthorized access, Cyber crime, Cyber law, Cyberspace, Punish, Network 3.1 Cyber Crime 1. INTRODUCTION Sussman and Heuston first proposed the term “Cyber Crime” in the year 1995. Cybercrime cannot be described The invention of Computer has made the life of humans as a single definition, it is best considered as a collection of easier, it has been using for various purposes starting from acts or conducts. These acts are based on the material the individual to large organizations across the globe. In offence object that affects the computer data or systems. simple term we can define computer as the machine that These are the illegal acts where a digital device or can stores and manipulate/process information or information system is a tool or a target or it can be the instruction that are instructed by the user. Most computer combination of both. The cybercrime is also known as users are utilizing the computer for the erroneous electronic crimes, computer-related crimes, e-crime, high- purposes either for their personal benefits or for other’s technology crime, information age crime etc. benefit since decades. This gave birth to “Cyber Crime”. This had led to the engagement in activities which are In simple term we can describe “Cyber Crime” are the illegal to the society. We can define Cyber Crime as the offences or crimes that takes place over electronic crimes committed using computers or computer network communications or information systems. These types of and are usually take place over the cyber space especially crimes are basically the illegal activities in which a the Internet. Now comes the term “Cyber Law”. It computer and a network are involved. Due of the doesn’t have a fixed definition, but in a simple term we can development of the internet, the volumes of the defined it as the law that governs the cyberspace. Cyber cybercrime activities are also increasing because when laws are the laws that govern cyber area. Cyber Crimes, committing a crime there is no longer a need for the digital and electronic signatures, data protections and physical present of the criminal. privacies etc are comprehended by the Cyber Law. The UN’s General Assembly recommended the first IT Act of The unusual characteristic of cybercrime is that the victim India which was based on the “United Nations Model Law and the offender may never come into direct contact. on Electronic Commerce” (UNCITRAL) Model. Cybercriminals often opt to operate from countries with nonexistent or weak cybercrime laws in order to reduce 2. OBJECTIVE the chances of detection and prosecution. The principle target of our paper is to spread the There is a myth among the people that cyber crimes can knowledge of the crimes or offences that take place only be committed over the cyberspace or the internet. In © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1633  International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 fact cyber crimes can also be committed without ones in spam campaigns or in phishing, because people are involvement in the cyber space, it is not necessary that the probably going to open an electronic mail or an email cyber criminal should remain present online. Software when they think that the email has been sent by a privacy can be taken as an example. legitimate source. 3.1.1 History of Cyber Crime  Spamming: Email spam which is otherwise called as The first Cyber Crime was recorded within the year 1820. junk email. It is unsought mass message sent through The primeval type of computer has been in Japan, China email. The uses of spam have become popular in the mid and India since 3500 B.C, but Charles Babbage’s analytical 1990s and it is a problem faced by most email users now engine is considered as the time of present day computers. a days. Recipient’s email addresses are obtained In the year 1820, in France a textile manufacturer named by spam bots, which are automated programs that Joseph-Marie Jacquard created the loom. This device crawls the internet in search of email addresses. The allowed a series of steps that was continual within the spammers use spam bots to create email distribution weaving of special fabrics or materials. This resulted in an lists. With the expectation of receiving a few number of exceeding concern among the Jacquard's workers that respond a spammer typically sends an email to millions their livelihoods as well as their traditional employment of email addresses. were being threatened, and prefer to sabotage so as to discourage Jacquard so that the new technology cannot be  Cyber defamation: Cyber defamation means the harm utilized in the future. that is brought on the reputation of an individual in the eyes of other individual through the cyber space. The 3.1.2 Evolution of Cyber Crime purpose of making defamatory statement is to bring down the reputation of the individual. The cyber crime is evolved from Morris Worm to the ransomware. Many countries including India are working  IRC Crime (Internet Relay Chat): IRC servers allow the to stop such crimes or attacks, but these attacks are people around the world to come together under a continuously changing and affecting our nation. single platform which is sometime called as rooms and they chat to each other. Table-1: Evolution of Cyber Crime  Cyber Criminals basically uses it for meeting.  Hacker uses it for discussing their techniques. Years Types of Attacks  Paedophiles use it to allure small children. 1997 Cyber crimes and viruses initiated, that includes Morris Code worm and other. A few reasons behind IRC Crime: 2004 Malicious code, Torjan, Advanced  Chat to win ones confidence and later starts to harass worm etc. sexually, and then blackmail people for ransom, and if 2007 Identifying thief, Phishing etc. the victim denied paying the amount, criminal starts 2010 DNS Attack, Rise of Botnets, SQL threatening to upload victim’s nude photographs or attacks etc video on the internet. 2013 Social Engineering, DOS Attack,  A few are paedophiles, they harass children for their BotNets, Malicious Emails, own benefits. Ransomware attack etc.  A few uses IRC by offering fake jobs and sometime fake Present Banking Malware, Keylogger, Bitcoin lottery and earns money. wallet, Phone hijacking, Anroid hack, Cyber warfare etc.  Phishing: In this type of crimes or fraud the attackers tries to gain information such as login information or 3.1.3 Classifications of Cyber Crime account’s information by masquerading as a reputable individual or entity in various communication channels Cyber Crime can be classified into four major categories. or in email. They are as follows: Some other cyber crimes against individuals includes- Net extortion, Hacking, Indecent exposure, Trafficking, a) Cyber Crime against individuals: Crimes that are Distribution, Posting, Credit Card, Malicious code etc. committed by the cyber criminals against an individual The potential harm of such a malefaction to an or a person. A few cyber crime against individuals are: individual person can scarcely be bigger.  Email spoofing: This technique is a forgery of an email b) Cyber Crime against property: These types of crimes header. This means that the message appears to have includes vandalism of computers, Intellectual received from someone or somewhere other than the (Copyright, patented, trademark etc) Property Crimes, genuine or actual source. These tactics are usually used © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1634  International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 Online threatening etc. Intellectual property crime 3.1.4 Safety in cyberspace includes: List are some points, one should keep in mind while  Software piracy: It can be describes as the copying surfing the internet: of software unauthorizedly.  Copyright infringement: It can be described as the  If possible always use a strong password and enable 2 infringements of an individual or steps or Two-step authentication in the webmail. It is very organization's copyright. In simple term it can also be important in order to make your webmail or your social describes as the using of copyright materials media account secured. unauthorizedly such as music, software, text etc. Guideline of strong password:  Trademark infringement: It can be described as the  Password should be of minimum eight characters. using of a service mark or trademark unauthorizedly.  One or more than one of lower case letter, upper case letter, number, and symbol should be included. c) Cyber Crime against organization: Cyber Crimes  Replace the alike character. against organization are as follows: Example- instead of O we can use 0, instead of lower case l we can use I etc.  Unauthorized changing or deleting of data. Example of strong password: HelL0 (%there %);  Reading or copying of confidential information unauthorizedly, but the data are neither being change Thing need to avoid while setting the password: nor deleted.  DOS attack: In this attack, the attacker floods  Never use a simple password that can easily be decrypt the servers, systems or networks with traffic in order to Example- password overwhelm the victim resources and make it infeasible  Personal information should never set as a password. or difficult for the users to use them.  Repeating characters should be avoided.  Email bombing: It is a type of Net Abuse, where huge Example- aaaacc numbers of emails are sent to an email address in order  Using of same password in multiple sites should be to overflow or flood the mailbox with mails or to flood avoided. the server where the email address is.  Salami attack: The other name of Salami attack is What is 2 step or Two-step authentication? Salami slicing. In this attack, the attackers use an online database in order to seize the customer’s information This is an additional layer of security that requires your like bank details, credit card details etc. Attacker user name and the password also a verification code that deduces very little amounts from every account over a is sent via SMS to the registered phone number. A hacker period of time. In this attack, no complaint is file and the may crack your password but without the temporary and hackers remain free from detection as the clients remain unique verification code should not be able to access your unaware of the slicing. account. Some other cyber crimes against organization includes-  Never share your password to anyone. Logical bomb, Torjan horse, Data diddling etc.  Never send or share any personal information like bank account number, ATM pin, password etc over an d) Cyber Crime against society: Cyber Crime against unencrypted connection including unencrypted mail. society includes: Websites that doesn’t have the lock icon and https on the address bar of the browser are the unencrypted site.  Forgery: Forgery means making of false document, The “s” stands for secure and it indicates that the signature, currency, revenue stamp etc. website is secure.  Web jacking: The term Web jacking has been derived  Don’t sign to any social networking site until and unless from hi jacking. In this offence the attacker creates a one is not old enough. fake website and when the victim opens the link a new  Don’t forget to update the operating system. page appears with the message and they need to click  Firewalls, anti- virus and anti-spyware software should another link. If the victim clicks the link that looks real be installed in ones PC and should be regularly updated. he will redirected to a fake page. These types of attacks  Visiting to un-trusted website or following a link send by are done to get entrance or to get access and controls an unknown or by an un-trusted site should be avoided. the site of another. The attacker may also change the  Don’t respond to spam. information of the victim’s webpage.  Make sure while storing sensitive data in the cloud is encrypted.  Try to avoid pop-ups: Pop-ups sometimes comes with malicious software. When we accept or follow the pop- ups a download is performed in the background and © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1635  International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 that downloaded file contains the malware or malicious them were made after the raids were conducted. It had software. This is called drive-by download. Ignore the been concealed that the suspect was running 5 businesses pop-ups that offer site survey on ecommerce sites or beneath the presence of 1 company and used fake and similar things as they may contain the malicious code. computerized vouchers to show sales records and save tax. So the dubious techniques of the businessman from 3.1.5 Cyber Crime’s scenario in India(A Few Case the state were exposed when officials of the department study) got hold of computers utilized by the suspected person. a) The Bank NSP Case f) SONY.SAMBANDH.COM CASE In this case a management trainee of a bank got engaged India saw its 1st cybercrime conviction. This is the case to a marriage. The couple used to exchange many emails where Sony India Private Limited filed a complaint that using the company’s computers. After some time they had runs a website referred to as www.sony-sambandh.com broken up their marriage and the young lady created some targeting the NRIs. The website allows NRIs to send Sony fake email ids such as “Indian bar associations” and sent products to their friends and relatives in India after they mails to the boy‘s foreign clients. She used the banks pay for it online. The company undertakes to deliver the computer to do this. The boy‘s company lost a huge number of clients and took the bank to court. The bank products to the involved recipients. In May 2002, was held liable for the emails sent using the bank‘s system. somebody logged onto the web site underneath the identity of Barbara Campa and ordered a Sony colour b) Bazee.com case television set and a cordless head phone. She requested to deliver the product to Arif Azim in Noida and gave the In December 2004 the Chief Executive Officer of number of her credit card for payment. The payment was Bazee.com was arrested because he was selling a compact accordingly cleared by the credit card agency and the disk (CD) with offensive material on the website, and even transaction processed. After the related procedures of CD was also conjointly sold-out in the market of Delhi. The dues diligence and checking, the items were delivered to Delhi police and therefore the Mumbai Police got into Arif Azim by the company. When the product was action and later the CEO was free on bail. delivered, the company took digital pictures so as to indicate the delivery being accepted by Arif Azim. The c) Parliament Attack Case transaction closed at that, but after one and a half months The Bureau of Police Research and Development, the credit card agency informed the company that this was Hyderabad had handled this case. A laptop was recovered an unauthorized transaction as the real owner had denied from the terrorist who attacked the Parliament. The laptop having made the purchase. The company had filed a which was detained from the two terrorists, who were complaint for online cheating at the CBI that registered a gunned down on 13th December 2001 when the case under the Section 418, Section 419 and Section 420 of Parliament was under siege, was sent to Computer the IPC (Indian Penal Code). Arif Azim was arrested after Forensics Division of BPRD. The laptop contained several the matter was investigated. Investigations discovered proofs that affirmed the two terrorist’s motives, mainly that Arif Azim, whereas acting at a call centre in Noida did the sticker of the Ministry of Home that they had created gain access to the number of the credit card of an on the laptop and affixed on their ambassador car to American national which he misused on the company’s achieve entry into Parliament House and the fake ID card site. The CBI recovered the color television along with the that one of the two terrorists was carrying with a cordless head phone. In this matter, the CBI had proof to Government of India emblem and seal. The emblems (of the 3 lions) were carefully scanned and additionally the prove their case so the accused admitted his guilt. The seal was also craftly created together with a residential court had convicted Arif Azim under the Section 418, address of Jammu and Kashmir. However careful detection Section 419 and Section 420 of the IPC, this being the first proved that it was all forged and made on the laptop. time that a cybercrime has been convicted. The court, felt that since the defendant was a boy of 24 years and a first- Andhra Pradesh Tax Case time convict, a compassionate view needed to be taken. Thus, the court discharged the defendant on the probation The owner of the plastics firm in Andhra Pradesh was for one year. arrested and cash of Rs. 22 was recovered from his house by the Vigilance Department. They wanted evidence from Some , Section 67 and Section 70 of the IT Act are also him concerning the unaccounted cash. The suspected applied. In this case the hackers hacks ones webpage and person submitted 6,000 vouchers to prove the legitimacy replace the homepage with pornographic or defamatory of trade, however when careful scrutiny the vouchers and page. contents of his computers it unconcealed that every one of © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1636  International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072  Introducing Viruses, Worms, Torjan etc 17th October 2000. It is the most important law Anyone who introduce any sort of malicious programs in India that deals with the digital crimes or cyber crimes that can gain access to other’s electronic device without and electronic commerce. It is based on the United Nations victim’s permissions, provisions applicable for such Model Law on Electronic Commerce 1996 (UNCITRAL offences are under Section 63, Section 66, Section 66A of Model) recommended by the General Assembly of United the IT Act and Section 426 of the IPC. Nations by a resolution dated 30 January 1997”.  Cyber Pornography Some key points of the Information Technology (IT) Act Though pornography is banned in some countries, it is 2000 are as follows: can be considered as the largest business on the internet. Provisions Applicable for such crimes are  E-mail is now considered as a valid and legal form of under Section 67, Section 64A and Section 67B of the IT communication. Act.  Digital signatures are given legal validity within the Act.  Act has given birth to new business to companies to  Source Code Theft issue digital certificates by becoming the Certifying Provisions applicable for such crimes are under Section Authorities. 43, Section 66 and Section 66B of the IT Act.  This Act allows the government to issue notices on internet through e-governance. 3.2 2 CYBER LAW  The communication between the companies or between the company and the government can be done through Cyber Law took birth in order to take control over the internet. crimes committed through the internet or the cyberspace or through the uses of computer resources.  Addressing the issue of security is the most important Description of the lawful issues that are related to the uses feature of this Act. It introduced the construct of digital of communication or computer technology can be termed signatures that verifies the identity of an individual on as Cyber Law. internet.  In case of any harm or loss done to the company by 3.2.1 What is the importance of Cyber Law? criminals, the Act provides a remedy in the form of money to the company. Cyber law plays a very important role in this new epoch of technology. It is important as it is concerned to almost all 3.2.4 Cyber Law in India aspects of activities and transactions that take place either on the internet or other communication devices. Whether Following are the sections under IT Act, 2000 we are aware of it or not, but each action and each reaction in Cyberspace has some legal and Cyber legal 1. Section 65- Temping with the computers source views. documents 3.2.2 Cyber Law awareness program Whoever intentionally or knowingly destroy, conceal or change any computer’s source code that is used for a Once should have the following knowledge in order to stay computer, computer program, and computer system or aware about the cyber crime: computer network.  One should read the cyber law thoroughly. Punishment:  Basic knowledge of Internet and Internet’s security. Any person who involves in such crimes could be  Read cyber crime’s cases. By reading those cases one can sentenced upto 3 years imprisonment or with a fine of be aware from such crimes. Rs.2 lakhs or with both.  Trusted application from trusted site can be used for protection of one’s sensitive information or data. 2. Section 66- Hacking with computer system, data alteration etc  Technology’s impact on crime. 3.2.3 The Information Technology Act of India, 2000 Whoever with the purpose or intention to cause any loss, damage or to destroy, delete or to alter any information According to Wikipedia “The Information Technology Act, that resides in a public or any person’s computer. 2000 (also known as ITA-2000, or the IT Act) is an act of Diminish its utility, values or affects it injuriously by any the Indian Parliament (no 21 of 2000), it was notified on means, commits hacking. © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1637  International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 Punishment: be sentenced either with a description for a term that may Any person who involves in such crimes could be extend upto 3 years of imprisonment along with a fine that sentenced upto 3 years imprisonment, or with a fine that may extend upto rupee 1 lakh. may extend upto 2 lakhs rupees, or both. 7. Section 66E- Privacy or violation 3. Section 66A- Sending offensive messages through any communication services Whoever knowingly or with an intention of publishing, transmitting or capturing images of private areas or  Any information or message sent through any private parts of any individual without his/her consent, communication services this is offensive or has that violets the privacy of the individual shall be shall be threatening characters. sentenced to 3 years of imprisonment or with a fine not  Any information that is not true or is not valid and is exceeding more than 2 lakhs rupees or both. sent with the end goal of annoying, inconvenience, danger, insult, obstruction, injury, criminal intention, 8. Section 66F- Cyber terrorism enmity, hatred or ill will.  Any electronic mail or email sent with the end goal of A. Whoever intentionally threatened the integrity, unity, causing anger, difficulty or mislead or to deceive the sovereignty or security or strike terror among the address about the origin of the messages. people or among any group of people by- I. Deny to any people to access computer’s resources. Punishment: II. Attempting to break in or access a computer resource Any individual found to commit such crimes under this without any authorization or to exceed authorized section could be sentenced upto 3years of imprisonment access. along with a fine. III. Introducing any computer’s contaminant, and through such conducts causes or is probable to cause any death 4. Section 66B- Receiving stolen computer’s resources or injury to any individual or damage or any destruction or communication devices dishonestly of properties or disrupt or it is known that by such conduct it is probable to cause damage or disruptions of Receiving or retaining any stolen computer, computer’s supply or services that are essential to the life of people resources or any communication devices knowingly or or unfavorably affect the critical information’s having the reason to believe the same. infrastructure specified under the section 70 of the IT Act. Punishment: Any person who involves in such crimes could be B. By intention or by knowingly tries to go through or sentenced either description for a term that may extend tries to gain access to computer’s resources without the upto 3 years of imprisonment or with a fine of rupee 1 authorization or exceeding authorized access, and by lakh or both. such conducts obtains access to the data, information or computer’s database which is limited or restricted 5. Section 66C- Identify theft for certain reason because of the security of the state or foreign relations, or any restricted database, data or Using of one’s digital or electronic signature or one’s any information with the reason to believe that those password or any other unique identification of any person data or information or the computer’s database is a crime. obtained may use to cause or probably use to cause injury to the interest of the independence and integrity Punishment: of our country India. Any person who involve in such crimes could be sentenced either with a description for a term which may extend Punishment: upto 3 years of imprisonment along with a fine that may Whoever conspires or commits such cyber crime or cyber extend upto rupee 1 lakh. terrorism shall be sentenced to life time imprisonment. 6. Section 66D- Cheating by personation by the use of 9. Section 67- Transmitting or publishing obscene computer’s resources materials in electronic form Whoever tries to cheats someone by personating through Whoever transmits or publishes or cause to publish any any communication devices or computer’s resources shall obscene materials in electronics form. Any material that is © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1638  International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 vulgar or appeal to be lubricious or if its effect is for 13. Section 69- Power to issue direction for monitor, instance to tends to corrupt any individual who are likely decryption or interception of any information to have regard to all relevant circumstances to read or to through computer’s resources see or to hear the matter that contained in it, shall be sentenced on the first convict with either description for a I. Where the Central government’s or State government’s term that may extend upto five years of imprisonment authorized officers, as the case may be in this behalf, if along with a fine which may extend upto 1 lakh rupee and fulfilled that it is required or expedient to do in the in the second or subsequent convict it can be sentenced interest of the integrity or the sovereignty, the security either description for a term that may extend upto ten defence of our country India, state’s security, friendly years along with a fine that may perhaps extend to two relations with the foreign states for preventing any lakhs rupees. incident to the commission of any cognizable offences that is related to above or investigation of any offences 10. Section 67A- Transmitting or publishing of that is subjected to the provision of sub-section (II). For materials that contains sexually explicit contents, reasons to be recorded writing, direct any agency of the acts etc in electronics form appropriate government, by order, decrypt or monitor or cause to be intercept any information that is Whoever transmits or publishes materials that contains generated or received or transmitted or is stored in any sexually explicit contents or acts shall be sentences for computer’s resources. either description for a term which may extend upto 5 II. The safeguard and the procedure that is subjected years or imprisonment along with a fine that could extend to such decryption, monitoring or interception may to 10 lakhs rupees in the first convict. And in the event of carried out, shall be such as may be prescribed. the second convict criminal could be sentenced for either III. The intermediaries, the subscribers or any description for a term that could extend upto 7 years of individual who is in the charge of the computer’s imprisonment along with a fine that may extend upto 20 resources shall call upon by any agencies referred to lakhs rupees. the sub-section (I), extends all services and technical assistances to: 11. Section 67B- Transmitting or publishing of a) Providing safe access or access to computer’s materials that depicts children in sexually explicit resources receiving, transmitting, generating or act etc in electronics form to store such information or b) Decrypting, intercepting or monitoring the Whoever transmits or publishes any materials that depict information, as the case might be or children in sexually explicit act or conduct in any c) Providing information that is stored in computer. electronics form shall be sentenced for either description IV. The intermediaries, the subscribes or any individual for a term which may extend to 5 years of imprisonment who fails to help the agency referred in the sub-section with a fine that could extend to rupees 10 lakhs on the first (III), shall be sentenced for a term that could extend to 7 conviction. And in the event of second conviction criminals years of imprisonment and also could be legally could be sentenced for either description for a term that responsible to fine. could extend to 7 years along with a fine that could extend There are many other sections in the IT Act, 2000 to rupees 10 lakhs. among them a few important sections one should 12. Section 67C- Retention and preservation of know are as follows: information by intermediaries Table-2: A few important sections one should know I. Intermediaries shall retain and preserve such information that might specify for such period and in Offences Sec. under IT Act, 2000 such a format and manner that the Central Government Damage to Computer, Computer Section 43 may prescribe. System etc. II. Any intermediaries knowingly or intentionally contravene the provision of the sub-section. Power to issue direction for Section 69A blocking from public access of Punishment: any information through any Whoever commits such crimes shall be sentenced for a computer’s resources. period that may extend upto 3 years of imprisonment and also liable to fine. Power to authorize to collect Section 69B traffic information or data and © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1639  International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 to monitor through any cybercrimes. The Act further revise the IPC, 1860, the IEA computer’s resources for cyber (Indian Evidence Act), 1872, the Banker's Books Evidence security. Act 1891 and the Reserve Bank of India Act, 1934. Any part of the world cyber crime could be originated passing Un-authorized access to Section 70 national boundaries over the internet creating both protected system. technical and legal complexities of investigating and prosecuting these crimes. The international harmonizing Penalty for misrepresentation. Section 71 efforts, coordination and co-operation among various nations are required to take action towards the cyber Breach of confidentiality and Section 72 crimes. privacy. Our main purpose of writing this paper is to spread the content of cyber crime among the common people. At the Publishing False digital Section 73 end of this paper “A brief study on Cyber Crime and Cyber signature certificates. Law’s of India” we want to say cyber crimes can never be acknowledged. If anyone falls in the prey of cyber attack, Publication for fraudulent Section 74 please come forward and register a case in your nearest purpose. police station. If the criminals won’t get punishment for Act to apply for contravention their deed, they will never stop. Section 75 or offence that is committed outside India. ACKNOWLEDGEMENT We express our sincere gratitude and thanks to Mr. Amlan Compensation, confiscation or Section 77 Jyoti Baruah (Assistant Professor, Computer Science and penalties for not to interfere Engineering) of The Assam Kaziranga University for his with other punishment. valuable guidance, and support and kind co-operation during preparation of this paper and helping us in writing Compounding of Offences. Section 77A this review paper successfully. Offences by Companies. Section 85 REFERENCES Sending threatening messages Section 503 IPC www.tigweb.org/action- by e-mail. tools/projects/download/4926.doc https://www.tutorialspoint.com/information_security_ Sending defamatory messages Section 499 IPC cyber_law/introduction.htm by e-mail. https://www.slideshare.net/bharadwajchetan/an- introduction-to-cyber-law-it-act-2000-india Bogus websites, Cyber Frauds. Section 420 IPC http://www.academia.edu/7781826/IMPACT_OF_SOCI AL_MEDIA_ON_SOCIETY_and_CYBER_LAW E-mail Spoofing. Section 463 IPC https://cybercrime.org.za/definition http://vikaspedia.in/education/Digital%20Litercy/inf Web Jacking. Section 383 IPC ormation-security/cyber-laws E-mail Abuse. Section 500 IPC https://www.ijarcsse.com/docs/papers/Volume_3/5_ May2013/V3I5-0374.pdf Criminal intimidation by Section 507 IPC http://searchsecurity.techtarget.com/definition/email- anonymous communications. spoofing http://www.helplinelaw.com/employment-criminal- Online sale of Drugs. NDPS Act and-labour/CDII/cyber-defamation-in-india.html http://ccasociety.com/what-is-irc-crime/ Online sale of Arms Arm Act http://searchsecurity.techtarget.com/definition/denial- of-service 4. CONCLUSIONS http://niiconsulting.com/checkmate/2014/06/it-act- 2000-penalties-offences-with-case-studies/ The rise and proliferation of newly developed http://www.cyberlawsindia.net/cyber-india.html technologies begin star to operate many cybercrimes in https://en.wikipedia.org/wiki/Information_Technolo recent years. Cybercrime has become great threats to gy_Act,_2000 mankind. Protection against cybercrime is a vital part for https://www.ijarcsse.com/docs/papers/Volume_5/8_ social, cultural and security aspect of a country. The August2015/V5I8-0156.pdf Government of India has enacted IT Act, 2000 to deal with © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1640  International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395 -0056 Volume: 04 Issue: 06 | June -2017 www.irjet.net p-ISSN: 2395-0072 https://cybercrimelawyer.wordpress.com/category/i nformation-technology-act-section-65/ https://indiankanoon.org/doc/1439440/ http://niiconsulting.com/checkmate/2014/06/ it- act-2000-penalties-offences-with-case-studies/ http://www.lawyersclubindia.com/articles/ Classification-Of-CyberCrimes--1484.asp BIOGRAPHIES Animesh Sarmah has completed his B. Tech degree in Computer Science and Engineering from The Assam Kaziranga University, Jorhat, Assam in the year 2017. Roshmi Sarmah has completed the B. Tech degree in Computer Science and Engineering from The Assam Kaziranga University, Jorhat, Assam in the year 2017. © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 1641