Cyber Offences under the Indian Penal Code 1860

Contents  hide 

1 Cyber Offences Under the Indian Penal code-1860

1.1 Eshita Khanuja

1.2 RECOGNITION AND OBSERVATION OF PATENTS AND DISRUPTIVE TECHNOLOGIES

1.3 Introduction

1.4 Cyber Offences under Indian Penal Code

1.4.1 Section 354D of the Indian Penal Code deals with both physical and cyber stalking, it states –

1.5 Conclusion

1.5.1 Related

 

Introduction

 

 

The Internet has spun our survival in the modern age. We are all connected 24/7, with everything and we are just one click away from buying to billing, sharing to sending, and so on with a never-ending list. With everything becoming online internet has become an indispensable need for living. But behind our increased dependency on Internet, there exists a world of potent threats and risks. Cyber Crimes (computer-based crime) have become a major area of concern. In simple words, Cyber Crimes are the ‘unlawful acts wherein a computer or network is either a tool or target or both. So cyber crimes are all the offenses related to computers, the Internet cyberspace, and the world wide web.

 

Dr. Debarati Halder and Dr. K. Jaishankar (2011) defines Cyber Crimes as – “Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as the Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)”[1].

 

Much to our surprise, Indian Law does not define ‘Cybercrime’. It is neither defined in the Information Technology Act 2000 or in Information Technology Amendment Act 2008 or National Cyber Security Policy 2013. In fact, The Indian Penal Code still does not use the term ‘cybercrime. In India, The Information Technology Act 2000 deals with numerous numbers of cybercrimes and their punishments. Along with this The Indian Penal Code also contains certain provisions that deal with a number of cybercrimes.

 

Cyber Offences under Indian Penal Code

 

1. Obscenity – The fundamental object and purpose of criminal law are not only to protect and to conserve the safety and security of primary personal rights of individuals but also to protect and guard public morals and public decency and to conserve the moral welfare of the State[2]. So, it’s the duty of the state to punish an individual for obscene materials that corrupt morals.

 

“Clause (1) of Section 292[3] states that the publication of a book, pamphlet, paper, writing, drawing, painting, representation, figure, etc., will be deemed obscene, if, –

 

(a) It is lascivious (expressing or causing sexual desire); or

 

(b) Appeals to the prurient interest (excessive interest in sexual matters);

 

(c) If its effect, or the effect of any one of the items, tends to deprave and corrupt persons, who are likely to read, see or hear the matter contained in such materials.

 

This Section was draft to deal with the sale of obscene material, it has evolved in the current digital era to be concerned with various cybercrimes. The provisions of sections 292 of the Indian Penal Code would also be applicable for offenses of the nature describe under sections 67, 67A, and 67B of the Information Technology Act which states the – punishment for publishing or transmitting, in electronic form: (i) obscene material; (ii) material containing the sexually explicit act, etc.; and (iii) material depicting children in the sexually explicit act, etc. respectively. 

 

2. Cyber Stalking–‘Cyber stalking’ is defined as a crime where the stalkers use the internet or any other electronic device to stalk someone[4]. If the woman is being monitor through electronic communication, the internet, or email or is being bother by a person to interact or contact despite her disinterest, it amounts to cyber-stalking

 

Section 354D of the Indian Penal Code deals with both physical and cyber stalking, it states –

 

Any man who – follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a person of the internet, email or any other form of electronic communication commits the offense of stalking[5]. Section 72 of the Information Technology Act deals with stalking.

 

3. Major Email Related Crimes – Email has now emerged as the most preferred mode of communication. Billions of emails travel the globe daily. As email is use by most of people, it has become the most powerful tool for criminals Some of the major relate email crimes are –

 

• Email Spoofing – Email Spoofing means sending mails through forged or wrong mail addresses. It means a spoofed email is one that appears to be from one source but has actually emerged from another source. The originator basically falsifies the name and email address.

 

Section 468 of Indian Penal Code that usually deals with forgery. In cyberspace deals with email spoofing

 

• Defamatory Mails – Sending abusive and defamatory content through mails comes under this and
• Section 500 of the Indian Penal Code deals with Punishment for defamation.

 

Along with these provisions, the Indian Penal Code has gone through many amendments to specifically cover all types of cyber-crime.

 

Conclusion

 

Technology is a double-edged sword; with the increase in digital technology, various types of cyber offenses are also increasing day by day. The Information Technology Act should be amended to include all types of cyber offenses which are not present yet. There is a need for stricter cyber laws.

 

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[1]Debarati Halder and K. Jaishankar, Cyber Crime Definition (by anticybercrimegroup) (Accessed on Feb3, 2021) https://anticybercrimegroup.wordpress.com/2016/07/12/blog-post-title-3/

 

[2]John Locke, Second Treatise of Civil Government, (1960),Oxford Basil Blackwell (1946) secs. 57,87-89 ( Accessed on Feb 3 , 2021) https://books.google.co.in/books?id=WnnxzkV2mk0C&pg=PA405&lpg=PA405&dq=John+Locke,+Second+Treatise+of+Civil+Government,+(1960);+Oxford:+Basil+Blackwell,+(1946),+secs.+57,+87-89.&source=bl&ots=ktr2Wj-Ioz&sig=ACfU3U0tKDsZgkZZx46A2SXkQcecd2z3yA&hl=en&sa=X&ved=2ahUKEwihjY_z3s_uAhXDdCsKHdGqBPEQ6AEwA3oECAYQAg#

 

[3]Indian Penal Code, 1860 § 292

 

[4]Anubhav Pandey , Laws Punishing Cyber Stalking and Harassment, I pleaders ( Accessed on Feb 4 , 2021 )  https://blog.ipleaders.in/cyber-stalking/

 

[5]Indian Penal Code 1860, § 354D https://devgan.in/ipc/section/354D/