1. CYBER CRIMES AND CRIMINAL JUSTICE SYSTEM IN INDIA

2. CONTENT CYBER CRIME TYPES OF CYBER CRIMES
INFORMATION TECHNOLOGY ACT, 2000
OFFENCES UNDER IT ACT, 2000
CYBER CRIMES UNDER IPC, 1860
OVERVIEW OF THE IT ACT, 2000

3. CYBER CRIME
In Simple way we can say that cyber crime is unlawful acts wherein the computer is either a tool or a target or both.
Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.
We can categorize Cyber crimes in two ways
The Computer as a Target : Using a computer to attack other computers.
e.g. Hacking, Virus/Worm attacks, DOS attack etc.
The Computer as a Weapon : Using a computer to commit real world crimes.
e.g. Cyber Terrorism, IPR violations, Credit card frauds, Pornography etc.

4. TYPES OF CYBER CRIMES
Unauthorized access & Hacking- Unauthorized access mean any kind of access without the permission of either the rightful owner or the person in charge of a computer, computer system or computer network.
Every act committed towards breaking into a computer and/or network is hacking.
Trojan Attack- The program that act like something useful but do the things that are quiet damping. The programs of this kind are called as Trojans.
Virus and Worm attack- Programs that multiply like viruses but spread from computer to computer are called as worms.
related crimes- spoofing, Spamming, Sending malicious codes through , bombing, Sending threatening s, Defamatory s, frauds.
Denial of Service attacks- Flooding a computer resource with more requests than it can handle. This causes the resource to crash thereby denying access of service to authorized users. Examples- attempts to "flood" a network, thereby preventing legitimate network traffic or attempts to disrupt connections between two machines, thereby preventing access to a service.

5. Pornography- Cyber pornography includes the Air Force Balbharati School case- The crime involves a 16-year old schoolboy who had put up a site, which provided lewd details about the physical attributes and sexual preferences of a long list of girls and teachers at the school. Charges- Section 67 of the IT Act, under 4/6 article of the indecent representation of the women’s Act and 292/509 IPC.
Forgery- Counterfeit currency notes, postage and revenue stamps, mark sheets etc can be forged using sophisticated computers, printers and scanners.
IPR Violations- These include software piracy, copyright infringement, trademarks violations, theft of computer source code, patent violations. etc.
Cyber Terrorism- Targeted attacks on military installations, power plants, air traffic control, banks, trail traffic control, telecommunication networks are the most likely targets. Others like police, medical, fire and rescue systems etc.
Banking/Credit card Related crimes, E-commerce/ Investment Frauds, Sale of illegal articles, Online gambling, Defamation, Cyber Stacking, Data diddling, Breach of Privacy and Confidentiality.

6. THE INFORMATION TECHNOLOGY ACT, 2000
The Government of India enacted its Information Technology Act 2000 with the objectives stating officially as:
“to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers’ Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.”

7. CHAPTER XI- OFFENCES - IT ACT, 2000
Section 43 – Penalty and Compensation for damage to computer, computer system, etc.
Section 65 – Tampering with Computer Source Documents. Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh- In this case, Tata Indicom employees were arrested for manipulation of the electronic 32- bit number (ESN) programmed into cell phones theft were exclusively franchised to Reliance InfocommERCE.
Section 66 – Computer Related offenses. Kumar v/s Whiteley- In this case the accused gained unauthorized access to the Joint Academic Network (JANET) and deleted, added files and changed the passwords to deny access to the authorized users.
If any person dishonestly or fraudulently does any act referred to in section 43, he shall be punishable with imprisonment up to 3 years or fine up to 5 lakhs rupees or with both.

8. Section 66A – Punishment for sending offensive messages through communication service. Bomb Hoax mail In 2009, a 15-year-old Bangalore teenager was arrested by the cyber crime investigation cell (CCIC) of the city crime branch for allegedly sending a hoax to a private news channel.
Section 66C – Punishment for identity theft. Li Ming, a graduate student at West Chester University of Pennsylvania faked his own death, complete with a forged obituary in his local paper.
Section 66D – Punishment for cheating by personation by using computer resource. Sandeep Vaghese v/s State of Kerala - In this case defamatory and malicious matters about the company and its directors were made available on the official website by personification.
Section 66E – Punishment for violation of privacy. Jawaharlal Nehru University MMS scandal- A pornographic MMS clip was made in the campus and transmitted outside the university. The two accused students initially tried to extort money from the girl in the video, then, they put the video out on mobile phones, on the internet and even sold it as a CD in the blue film market.

9. Section 66F- Cyber Terrorism.
Section 67 – Punishment for publishing or transmitting obscene material in electronic form. BOMBAY SWISS COUPLE CASE- The couple was said to have lured children into pornographic acts by offering them good food and clothes and selling the obscene film and photographs to websites all over the world. In December 2000, they were sentenced to 7 years of rigorous imprisonment by the session court.
Section 67B – Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form. Janhit Manch & Ors. v. The Union of India : The petition sought a blanket ban on pornographic websites. The NGO had argued that websites displaying sexually explicit content had an adverse influence, leading youth on a delinquent path.
Section 69 – Powers to issue directions for interception or monitoring or decryption of any information through any computer resource.
In August 2007, Lakshmana Kailash K., a techie from Bangalore was arrested on the suspicion of having posted insulting images of Chhatrapati Shivaji on the social-networking site Orkut. The police identified him based on IP address details obtained from Google and Airtel -Lakshmana’s ISP. He was brought to Pune and detained for 50 days before it was discovered that the IP address provided by Airtel was erroneous. The mistake was evidently due to the fact that while requesting information from Airtel, the police had not properly specified whether the suspect had posted the content at 1:15 p.m.

10. CYBER CRIMES AND THE INDIAN PENAL CODE, 1860
Indian Penal Code was amended by infusing the term “electronic”. Thus all the electronic documents and records were made commensurate with the physical documents and records covered within the ambit of the IPC. Further the following offences were made punishable under IPC:
Sec. 292 IPC : Obscenity
Sec. 292A IPC : Printing etc. of grossly indecent or scurrilous matter or matter intended to blackmail
Sec. 293 IPC : Sale, etc., of obscene objects to young person
Sec. 294 IPC : Obscene acts and songs
Sec. 354D IPC : Stalking
Sec. 420 IPC : Bogus websites, cyber frauds
Sec. 463 IPC : spoofing
Sec. 464 IPC : Making a false document

11. Sec. 468 IPC : Forgery for purpose of cheating
Sec. 469 IPC : Forgery for purpose of harming reputation
Sec. 499 IPC : Sending defamatory messages by
Sec. 500 IPC : abuse
Sec. 503 IPC : Sending threatening messages by
Sec. 506 IPC : Punishment for criminal intimidation
Sec. 507 IPC : Criminal intimidation by an anonymous communication
The case of State of Tamil Nadu v. Suhas Katti can be considered as a landmark case in the history of Cyber Crime Management in India. This was the first case in India wherein the offender was convicted under S.67 of IT ACT 2000 of India.
The case of Nascom v. Ajay Sood and Others is another landmark judgement delivered in March 2005, in which the Delhi High Court declared ‘Phishing’ on the internet to be an illegal act. Though there is no specific legislation in India to penalise phishing, the court defined it under Indian Law as “a misrepresentation made in the course of trade leading to confusion as to the source and origin of the causing immense harm not only to the consumer but even to the person whose name, identity or password is misused.”

12. OVERVIEW OF THE IT ACT, 2000
Chapter-II of the Act specifically stipulates that any subscriber may authenticate an electronic record by affixing his digital signature. It further states that any person can verify an electronic record by use of a public key of the subscriber.
Chapter-III of the Act details about Electronic Governance and provides inter alia amongst others that where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is - rendered or made available in an electronic form; and accessible so as to be usable for a subsequent reference.
The said chapter also details the legal recognition of Digital Signatures.
Chapter-IV of the said Act gives a scheme for Regulation of Certifying Authorities. The Act envisages a Controller of Certifying Authorities who shall perform the function of exercising supervision over the activities of the Certifying Authorities as also laying down standards and conditions governing the Certifying Authorities as also specifying the various forms and content of Digital Signature Certificates. The Act recognizes the need for recognizing foreign Certifying Authorities and it further details the various provisions for the issue of license to issue Digital Signature Certificates.

13. Chapter-VII of the Act details about the scheme of things relating to Digital Signature Certificates. The duties of subscribers are also enshrined in the said Act.
Chapter-IX of the said Act talks about penalties and adjudication for various offences. The penalties for damage to computer, computer systems etc. has been fixed as damages by way of compensation not exceeding Rs. 1,00,00,000 to affected persons. The Act talks of appointment of any officers not below the rank of a Director to the Government of India or an equivalent officer of state government as an Adjudicating Officer who shall adjudicate whether any person has made a contravention of any of the provisions of the said Act or rules framed there under. The said Adjudicating Officer has been given the powers of a Civil Court.
Chapter-X of the Act talks of the establishment of the Cyber Regulations Appellate Tribunal, which shall be an appellate body where appeals against the orders passed by the Adjudicating Officers, shall be preferred.
Chapter-XI of the Act talks about various offences and the said offences shall be investigated only by a Police Officer not below the rank of the Deputy Superintendent of Police. These offences include tampering with computer source documents, publishing of information, which is obscene in electronic form, and hacking.
The Act also provides for the constitution of the Cyber Regulations Advisory Committee, which shall advice the government as regards any rules, or for any other purpose connected with the said act. The said Act also proposes to amend the Indian Penal Code, 1860, the Indian Evidence Act, 1872, The Bankers' Books Evidence Act, 1891, The Reserve Bank of India Act, 1934 to make them in tune with the provisions of the IT Act.

14. THANK YOU