Cybercrime And Computer-Related Offences
Cybercrime refers to unlawful acts committed using a computer, digital device, network, or the internet, either as the target or as the tool of the offence. Cybercrimes may involve theft, fraud, unauthorized access, privacy invasion, hacking, data manipulation, or harmful online behaviour like cyber harassment.
Main Categories of Cybercrime
1. Cyber Offences Against Persons
These target individuals:
Cyberbullying, online harassment
Cyberstalking
Publishing private images
Identity theft
Morphing of images
Defamation via digital platforms
2. Cyber Offences Against Property
These affect digital or electronic assets:
Hacking
Unauthorized access
Data theft
Intellectual property infringement
Online fraud, phishing, ransomware
3. Cyber Offences Against Government / Organization
These are carried out against national security or institutional infrastructure:
Cyberterrorism
Denial-of-service attacks
Attacks on government databases
Unauthorized access to confidential national data
4. Computer-Related Offences
These include crimes committed through or using computer systems:
Unauthorized access
Data manipulation
Computer fraud
Software piracy
Spreading malware or ransomware
Many countries have enacted cyber-specific laws—for example:
India: Information Technology Act, 2000
USA: Computer Fraud and Abuse Act (CFAA)
UK: Computer Misuse Act, 1990
DETAILED CASE LAWS (More than Five)
Below are seven important cybercrime cases with full explanations.
1. Shreya Singhal v. Union of India (2015, Supreme Court of India)
Issue: Constitutionality of Section 66A of the IT Act (criminalizing offensive messages online).
Facts:
Two girls were arrested for a Facebook post and a "like" criticizing shutdown of Mumbai after a political leader’s death. The arrests raised concerns about misuse of Section 66A, which was vague and broadly worded.
Judgment:
The Supreme Court struck down Section 66A completely.
Reasoning:
The provision violated freedom of speech (Article 19(1)(a)).
Terms like “offensive,” “annoying,” etc., were vague.
It permitted excessive police discretion.
Criminal law cannot be used to curb legitimate expression.
Importance:
A landmark case strengthening digital free speech and preventing misuse of vague cybercrime laws.
2. State of Tamil Nadu v. Suhas Katti (2004, India)
Issue: Cyberstalking, posting obscene material online, defamation.
Facts:
The accused created a fake Yahoo! group using the victim’s name and posted obscene, defamatory messages and her phone number. The woman began receiving harassment calls.
Judgment:
The accused was convicted under Sections 67 of the IT Act and IPC provisions.
This was one of India’s first cybercrime convictions.
Importance:
Demonstrated the applicability of IT Act provisions.
Established that online harassment and defamation would be treated seriously.
3. R v. Gold & Schifreen (UK, 1988)
(Leading to the enactment of the UK Computer Misuse Act, 1990)
Issue: Unauthorized access to computer systems.
Facts:
Two hackers accessed British Telecom’s Prestel mailbox system by obtaining login credentials. They demonstrated that system was insecure.
Judgment:
They were initially convicted, but the convictions were overturned because there was no specific law in the UK at the time covering unauthorized access.
Impact:
This incident prompted the UK Parliament to pass the Computer Misuse Act, 1990, one of the earliest cybercrime laws globally.
Set the groundwork for modern cyber legislation.
4. United States v. Kevin Mitnick (1995–1999, USA)
Issue: Hacking, wire fraud, unauthorized access.
Facts:
Kevin Mitnick, one of the world’s most famous hackers, hacked into systems of major corporations including Motorola, Nokia, and Sun Microsystems.
He stole software, altered data, and accessed email servers.
Judgment:
He was convicted under the Computer Fraud and Abuse Act (CFAA) and sentenced to prison.
Importance:
Highlighted vulnerabilities in corporate systems.
Became a landmark case in U.S. cybercrime history.
Helped define “unauthorized access” under CFAA.
5. Sony Sambandh Case (Sony India Pvt. Ltd. v. State) (2004, India)
Issue: Online cheating, credit card fraud.
Facts:
Fraudsters used a stolen Japanese credit card to purchase goods from Sony India’s website. Goods were delivered, but the payment was later discovered to be fraudulent.
Judgment:
The accused were traced and charged under
Section 66 (computer-related offences)
Section 420 IPC (cheating)
Importance:
One of the earliest cases of online credit card fraud in India.
Established that online commercial transactions fall under IT Act protections.
6. Bazee.com Case (Avnish Bajaj v. State, 2008, India)
Issue: Liability of online platforms for user-generated content.
Facts:
A pornographic MMS involving minors was listed for sale on the auction website Bazee.com (predecessor to eBay India).
CEO Avnish Bajaj was arrested.
Judgment:
The court held:
CEO could not be personally liable unless he had knowledge of the content.
But the platform was required to have reasonable diligence.
Importance:
Led to the development of Section 79 IT Act (safe harbour), clarifying that intermediaries are not liable if they follow due diligence.
7. Zee Telefilms Case (Jagtar Singh & Ors.) (2010, India)
Issue: Hacking of television signal distribution network, causing financial loss.
Facts:
The accused hacked into the conditional access system (CAS) of a TV broadcaster and illegally decrypted pay channels, enabling unauthorized viewing.
Judgment:
Conviction under Section 66 IT Act and related IPC provisions.
Importance:
Treated hacking of digital broadcast systems as “computer-related offences.”
Extended cybercrime definitions beyond personal computers to digital TV systems.
CONCLUSION
Cybercrime and computer-related offences have expanded with technological growth. Courts across the world have shaped the interpretation of cyber laws through landmark judgments. The case laws above show how:
Digital speech must be protected (Shreya Singhal),
Online harassment is punishable (Suhas Katti),
Unauthorized access requires strong legislation (Gold & Schifreen),
Corporate systems must be secured (Kevin Mitnick),
E-commerce and intermediaries require regulation (Sony, Bazee.com),
Digital infrastructure can itself be a cybercrime target (Zee Telefilms).
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