Cybercrime
Cybercrime refers to criminal activities carried out using computers, networks, or digital devices, targeting information, money, or systems. With increasing digitalization, cybercrime has become a significant concern worldwide, and India has established a legal framework to combat it.
I. LEGAL FRAMEWORK IN INDIA
Information Technology Act, 2000 (IT Act)
Primary legislation addressing cybercrime and electronic commerce.
Key provisions:
Section 66: Hacking (computer-related offences).
Section 66A (struck down in 2015): Offensive messages via electronic communication.
Section 66B: Receiving stolen computer resources.
Section 66C: Identity theft.
Section 66D: Cheating by impersonation using computer resources.
Section 66E: Violation of privacy.
Indian Penal Code (IPC) Amendments
Sections 378 (theft), 420 (cheating), 463 (forgery) extended to include digital means.
Rules and Guidelines
IT Rules 2011, CERT-IN guidelines, and cybercrime reporting portals.
II. TYPES OF CYBERCRIME
Hacking and Unauthorized Access (IT Act Section 66)
Breaking into computer systems, networks, or data without permission.
Identity Theft and Phishing (IT Act Sections 66C & 66D)
Using another person’s digital identity to commit fraud.
Cyber Stalking and Cyber Harassment (IPC 354D & IT Act Section 66A, previously)
Repeated online harassment or threatening messages.
Financial Fraud and Online Scams (IPC 420 & IT Act Section 66D)
Fraudulent online transactions or fake e-commerce schemes.
Child Pornography and Obscene Material (IT Act Section 67)
Publishing, transmitting, or accessing pornographic content involving minors.
Cyberterrorism (IT Act Section 66F)
Attacks on critical information infrastructure threatening national security.
III. DETAILED CASE LAWS
Here are six important Indian cybercrime cases illustrating key principles:
1. Shreya Singhal v. Union of India (2015)
Principle: Striking down Section 66A IT Act
Facts: Individuals were arrested for posting critical comments online about government policies.
Court held:
Section 66A (offensive messages online) was unconstitutional as it violated Article 19(1)(a) (freedom of speech).
Vagueness and broad interpretation made it prone to misuse.
Key Takeaway: Freedom of expression is protected online, but illegal content under other provisions is punishable.
2. State of Tamil Nadu v. Suhas Katti (2004)
Principle: First Cyber Stalking Case in India
Facts: Accused sent obscene emails to the victim using her friend’s name.
Court held:
Convicted under IT Act Sections 66 and 67, IPC Sections 354D and 509.
Key Takeaway: Early recognition of cyber harassment and stalking as punishable offences.
3. Trimex International FZE Ltd v. Vedanta Aluminium Ltd (2010)
Principle: Cyber Fraud / Online Cheating
Facts: Emails and digital documents used to cheat a company in a commercial transaction.
Court held:
Cheating under IPC 420 can extend to digital means.
IT Act Sections 66C & 66D applicable for digital impersonation.
Key Takeaway: Digital fraud is actionable under both IT Act and IPC.
4. Avnish Bajaj v. State (2004, India’s First e-Commerce Fraud Case)
Facts: Founder of online marketplace bazee.com held liable for sale of prohibited items (drug paraphernalia) by third parties.
Court held:
Intermediaries may be liable if aware of illegal content, unless covered under safe harbor provisions (Section 79 IT Act).
Key Takeaway: Cyber intermediaries must exercise due diligence.
5. Crl. Appeal No. 994 of 2014 (Anvay Naik v. State of Maharashtra)
Principle: Identity Theft and Digital Forgery
Facts: Accused created fake email IDs and accounts to defraud victims and extract money.
Court held:
Convicted under IT Act Sections 66C (identity theft), 66D (cheating) and IPC 420.
Key Takeaway: Identity theft and online impersonation are serious cyber offences.
6. K. S. Puttaswamy v. Union of India (2017) — Privacy Case with Cyber Implications
Facts: Aadhar biometric data collection challenged for privacy violations.
Court held:
Right to privacy is fundamental under Article 21.
Cybercrime law must consider data protection and privacy rights.
Key Takeaway: Privacy protection is central in cybercrime regulation.
IV. SUMMARY OF PRINCIPLES FROM CASE LAW
| Principle | Illustrative Case |
|---|---|
| Online free speech cannot be criminalized arbitrarily | Shreya Singhal v. Union of India |
| Cyber stalking and harassment are punishable | State of Tamil Nadu v. Suhas Katti |
| Digital fraud/cheating extends IPC liability | Trimex International v. Vedanta |
| Intermediaries liable if aware of illegal content | Avnish Bajaj v. State |
| Identity theft & impersonation are punishable | Anvay Naik v. Maharashtra |
| Right to privacy is fundamental in cyber offences | Puttaswamy v. Union of India |
V. CONCLUSION
Cybercrime in India is evolving alongside technology. Key points:
IT Act + IPC provide a robust framework against hacking, fraud, harassment, and cyber terrorism.
Courts recognize online harassment, fraud, identity theft, and privacy violations as serious offences.
Freedom of expression is protected, but illegal digital acts are punishable.
Intermediaries and service providers must exercise due diligence.
Privacy and data protection are becoming central in cybercrime jurisprudence.
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