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The key takeaways are that cyber crimes are not radically different from conventional crimes but involve the use of computers. Cyber crimes can involve computers as tools, targets, or both. Examples of cyber crimes include financial crimes, intellectual property crimes, and hacking.

While conventional and cyber crimes have similarities, cyber crimes uniquely involve computers or digital networks. The involvement of virtual mediums distinguishes cyber crimes. Conventional crimes do not require digital elements to occur.

Reasons cited for cyber crimes include the vulnerability of computer systems due to large data storage capacities and easy access. Complex technologies also make it difficult to prevent unauthorized access. Implanted malware can enable crimes without human error.

Project

on
Cyber Crimes
Submitted to: Submitted by:
Dr. Amita Verma Anurag Singh Sindhal
15/09
10
th
Semester

INTRODUCTION:
The term cyber crime is a misnomer. This term has nowhere been defined in any statute /Act
passed or enacted by the Indian Parliament. The concept of cyber crime is not radically different
from the concept of conventional crime. Both include conduct whether act or omission, which
cause breach of rules of law and counterbalanced by the sanction of the state.
Before evaluating the concept of cyber crime it is obvious that the concept of conventional crime
be discussed and the points of similarity and deviance between both these forms may be
discussed.

CONVENTIONAL CRIME-
Crime is a social and economic phenomenon and is as old as the human society. Crime is a legal
concept and has the sanction of the law. Crime or an offence is a legal wrong that can be
followed by criminal proceedings which may result into punishment. The hallmark of
criminality is that, it is breach of the criminal law. Per Lord Atkin the criminal quality of an act
cannot be discovered by reference to any standard but one: is the act prohibited with penal
consequences.
A crime may be said to be any conduct accompanied by act or omission prohibited by law and
consequential breach of which is visited by penal consequences.

CYBER CRIME
Cyber crime is the latest and perhaps the most complicated problem in the cyber world. Cyber
crime may be said to be those species, of which, genus is the conventional crime, and where
either the computer is an object or subject of the conduct constituting crime. A generalized
definition of cyber crime may be unlawful acts wherein the computer is either a tool or target
or both The computer may be used as a tool in the following kinds of activity- financial crimes,
sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail
spoofing, forgery, cyber defamation, cyber stalking. The computer may however be target for
unlawful acts in the following cases- unauthorized access to computer/ computer system/
computer networks, theft of information contained in the electronic form, e-mail bombing, data
didling, salami attacks, logic bombs, Trojan attacks, internet time thefts, web jacking, theft of
computer system, physically damaging the computer system.
DISTINCTION BETWEEN CONVENTIONAL AND CYBER CRIME-
There is apparently no distinction between cyber and conventional crime. However on a deep
introspection we may say that there exists a fine line of demarcation between the conventional
and cyber crime, which is appreciable. The demarcation lies in the involvement of the medium in
cases of cyber crime. The sine qua non for cyber crime is that there should be an involvement, at
any stage, of the virtual cyber medium.
REASONS FOR CYBER CRIME:
Hart in his work The Concept of Law has said human beings are vulnerable so rule of law is
required to protect them. Applying this to the cyberspace we may say that computers are
vulnerable so rule of law is required to protect and safeguard them against cyber crime. The
reasons for the vulnerability of computers may be said to be:
1. Capacity to store data in comparatively small space-
The computer has unique characteristic of storing data in a very small space. This affords to
remove or derive information either through physical or virtual medium makes it much more
easier.
2. Easy to access-
The problem encountered in guarding a computer system from unauthorised access is that
there is every possibility of breach not due to human error but due to the complex
technology. By secretly implanted logic bomb, key loggers that can steal access codes,
advanced voice recorders; retina imagers etc. that can fool biometric systems and bypass
firewalls can be utilized to get past many a security system.
3.Complex-
The computers work on operating systems and these operating systems in turn are composed
of millions of codes. Human mind is fallible and it is not possible that there might not be a
lapse at any stage. The cyber criminals take advantage of these lacunas and penetrate into the
computer system.
4.Negligence-
Negligence is very closely connected with human conduct. It is therefore very probable that
while protecting the computer system there might be any negligence, which in turn provides
a cyber criminal to gain access and control over the computer system.
5. Loss of evidence-
Loss of evidence is a very common & obvious problem as all the data are routinely
destroyed. Further collection of data outside the territorial extent also paralyses this system of
crime investigation.
CYBER CRIMINALS:
The cyber criminals constitute of various groups/ category. This division may be justified on the
basis of the object that they have in their mind. The following are the category of cyber
criminals-
1. Children and adolescents between the age group of 6 18 years
The simple reason for this type of delinquent behaviour pattern in children is seen mostly due
to the inquisitiveness to know and explore the things. Other cognate reason may be to prove
themselves to be outstanding amongst other children in their group. Further the reasons may
be psychological even. E.g. the Bal Bharati (Delhi) case was the outcome of harassment of
the delinquent by his friends.
2. Organised hackers-
These kinds of hackers are mostly organised together to fulfil certain objective. The reason
may be to fulfil their political bias, fundamentalism, etc. The Pakistanis are said to be one of
the best quality hackers in the world. They mainly target the Indian government sites with the
purpose to fulfil their political objectives. Further the NASA as well as the Microsoft sites is
always under attack by the hackers.
3. Professional hackers / crackers
Their work is motivated by the colour of money. These kinds of hackers are mostly employed to
hack the site of the rivals and get credible, reliable and valuable information. Further they are
ven employed to crack the system of the employer basically as a measure to make it safer by
detecting the loopholes.
4. Discontented employees-
This group include those people who have been either sacked by their employer or are
dissatisfied with their employer. To avenge they normally hack the system of their employee.
MODE AND MANNER OF COMMITING CYBER CRIME:
1. Unauthorized access to computer systems or networks / Hacking-
This kind of offence is normally referred as hacking in the generic sense. However the framers
of the information technology act 2000 have no where used this term so to avoid any confusion
we would not interchangeably use the word hacking for unauthorized access as the latter has
wide connotation.
2. Theft of information contained in electronic form-
This includes information stored in computer hard disks, removable storage media etc. Theft
may be either by appropriating the data physically or by tampering them through the virtual
medium.
3. Email bombing-
This kind of activity refers to sending large numbers of mail to the victim, which may be an
individual or a company or even mail servers there by ultimately resulting into crashing.
4. Data diddling-
This kind of an attack involves altering raw data just before a computer processes it and then
changing it back after the processing is completed. The electricity board faced similar
problem of data diddling while the department was being computerised.
5. Salami attacks-
This kind of crime is normally prevalent in the financial institutions or for the purpose of
committing financial crimes. An important feature of this type of offence is that the alteration
is so small that it would normally go unnoticed. E.g. the Ziegler case wherein a logic bomb
was introduced in the banks system, which deducted 10 cents from every account and
deposited it in a particular account.
6. Denial of Service attack-
The computer of the victim is flooded with more requests than it can handle which cause it to
crash. Distributed Denial of Service (DDoS) attack is also a type of denial of service attack,
in which the offenders are wide in number and widespread. E.g. Amazon, Yahoo.
7. Virus / worm attacks-
Viruses are programs that attach themselves to a computer or a file and then circulate
themselves to other files and to other computers on a network. They usually affect the data
on a computer, either by altering or deleting it. Worms, unlike viruses do not need the host to
attach themselves to. They merely make functional copies of themselves and do this
repeatedly till they eat up all the available space on a computer's memory. E.g. love bug
virus, which affected at least 5 % of the computers of the globe. The losses were accounted
to be $ 10 million. The world's most famous worm was the Internet worm let loose on the
Internet by Robert Morris sometime in 1988. Almost brought development of Internet to a
complete halt.
8. Logic bombs-
These are event dependent programs. This implies that these programs are created to do
something only when a certain event (known as a trigger event) occurs. E.g. even some
viruses may be termed logic bombs because they lie dormant all through the year and
become active only on a particular date (like the Chernobyl virus).
9. Trojan attacks-
This term has its origin in the word Trojan horse. In software field this means an
unauthorized programme, which passively gains control over anothers system by
representing itself as an authorised programme. The most common form of installing a
Trojan is through e-mail. E.g. a Trojan was installed in the computer of a lady film director in
the U.S. while chatting. The cyber criminal through the web cam installed in the computer
obtained her nude photographs. He further harassed this lady.
10. Internet time thefts-
Normally in these kinds of thefts the Internet surfing hours of the victim are used up by
another person. This is done by gaining access to the login ID and the password. E.g. Colonel
Bajwas case- the Internet hours were used up by any other person. This was perhaps one of
the first reported cases related to cyber crime in India. However this case made the police
infamous as to their lack of understanding of the nature of cyber crime.
11. Web jacking-
This term is derived from the term hi jacking. In these kinds of offences the hacker
gains access and control over the web site of another. He may even mutilate or change
the information on the site. This may be done for fulfilling political objectives or for
money. E.g. recently the site of MIT (Ministry of Information Technology) was hacked
by the Pakistani hackers and some obscene matter was placed therein. Further the site of
Bombay crime branch was also web jacked. Another case of web jacking is that of the
gold fish case. In this case the site was hacked and the information pertaining to gold
fish was changed. Further a ransom of US $ 1 million was demanded as ransom. Thus
web jacking is a process where by control over the site of another is made backed by
some consideration for it.
CLASSIFICATION:
The subject of cyber crime may be broadly classified under the following three groups. They are-

1. Against Individuals
a. their person &
b. their property of an individual

2. Against Organization
a. Government
c. Firm, Company, Group of Individuals.

3. Against Society at large
The following are the crimes, which can be committed against the followings group

Against Individuals:

i. Harassment via e-mails.
ii. Cyber-stalking.
iii. Dissemination of obscene material.
iv. Defamation.
v. Unauthorized control/access over computer system.
vi. Indecent exposure
vii. Email spoofing
viii. Cheating & Fraud


Against Individual Property: -

i. Computer vandalism.
ii. Transmitting virus.
iii. Netrespass
iv. Unauthorized control/access over computer system.
v. Intellectual Property crimes
vi. Internet time thefts


Against Organization: -
i. Unauthorized control/access over computer system
ii. Possession of unauthorized information.
iii. Cyber terrorism against the government organization.
iv. Distribution of pirated software etc.


Against Society at large: -

i. Pornography (basically child pornography).
ii. Polluting the youth through indecent exposure.
iii. Trafficking
iv. Financial crimes
v.Sale of illegal articles
vi.Online gambling
vii. Forgery
The above mentioned offences may discussed in brief as follows:
1. Harassment via e-mails-
Harassment through e-mails is not a new concept. It is very similar to harassing through
letters. Recently I had received a mail from a lady wherein she complained about the
same. Her former boy friend was sending her mails constantly sometimes emotionally
blackmailing her and also threatening her. This is a very common type of harassment via
e-mails.
2. Cyber-stalking-
The Oxford dictionary defines stalking as "pursuing stealthily". Cyber stalking involves
following a person's movements across the Internet by posting messages (sometimes
threatening) on the bulletin boards frequented by the victim, entering the chat-rooms
frequented by the victim, constantly bombarding the victim with emails etc.
3. Dissemination of obscene material/ Indecent exposure/ Pornography (basically
child pornography) / Polluting through indecent exposure-
Pornography on the net may take various forms. It may include the hosting of web site
containing these prohibited materials. Use of computers for producing these obscene
materials. Downloading through the Internet, obscene materials. These obscene matters
may cause harm to the mind of the adolescent and tend to deprave or corrupt their mind.
Two known cases of pornography are the Delhi Bal Bharati case and the Bombay case
wherein two Swiss couple used to force the slum children for obscene photographs. The
Mumbai police later arrested them.
4. Defamation
It is an act of imputing any person with intent to lower the person in the estimation of the
right-thinking members of society generally or to cause him to be shunned or avoided or
to expose him to hatred, contempt or ridicule. Cyber defamation is not different from
conventional defamation except the involvement of a virtual medium. E.g. the mail
account of Rohit was hacked and some mails were sent from his account to some of his
batch mates regarding his affair with a girl with intent to defame him.
4. Unauthorized control/access over computer system-
This activity is commonly referred to as hacking. The Indian law has however given a
different connotation to the term hacking, so we will not use the term "unauthorized
access" interchangeably with the term "hacking" to prevent confusion as the term used in
the Act of 2000 is much wider than hacking.
5. E mail spoofing-
A spoofed e-mail may be said to be one, which misrepresents its origin. It shows it's
origin to be different from which actually it originates. Recently spoofed mails were sent
on the name of Mr. Na.Vijayashankar (naavi.org), which contained virus.
Rajesh Manyar, a graduate student at Purdue University in Indiana, was arrested for
threatening to detonate a nuclear device in the college campus. The alleged e- mail was
sent from the account of another student to the vice president for student services.
However the mail was traced to be sent from the account of Rajesh Manyar.(15)
6. Computer vandalism-
Vandalism means deliberately destroying or damaging property of another. Thus
computer vandalism may include within its purview any kind of physical harm done to
the computer of any person. These acts may take the form of the theft of a computer,
some part of a computer or a peripheral attached to the computer or by physically
damaging a computer or its peripherals.
7. Transmitting virus/worms-
This topic has been adequately dealt herein above.
8. Intellectual Property crimes / Distribution of pirated software-
Intellectual property consists of a bundle of rights. Any unlawful act by which the owner
is deprived completely or partially of his rights is an offence. The common form of IPR
violation may be said to be software piracy, copyright infringement, trademark and
service mark violation, theft of computer source code, etc.
The Hyderabad Court has in a land mark judgement has convicted three people and
sentenced them to six months imprisonment and fine of 50,000 each for unauthorized
copying and sell of pirated software.
9. Cyber terrorism against the government organization
At this juncture a necessity may be felt that what is the need to distinguish between
cyber terrorism and cyber crime. Both are criminal acts. However there is a compelling
need to distinguish between both these crimes. A cyber crime is generally a domestic
issue, which may have international consequences, however cyber terrorism is a global
concern, which has domestic as well as international consequences. The common form
of these terrorist attacks on the Internet is by distributed denial of service attacks, hate
websites and hate emails, attacks on sensitive computer networks, etc. Technology savvy
terrorists are using 512-bit encryption, which is next to impossible to decrypt. The recent
example may be cited of Osama Bin Laden, the LTTE, attack on Americas army
deployment system during Iraq war.
Cyber terrorism may be defined to be the premeditated use of disruptive activities, or
the threat thereof, in cyber space, with the intention to further social, ideological,
religious, political or similar objectives, or to intimidate any person in furtherance of
such objectives
Another definition may be attempted to cover within its ambit every act of cyber
terrorism.
A terrorist means a person who indulges in wanton killing of persons or in
violence or in disruption of services or means of communications essential to the
community or in damaging property with the view to
(1) putting the public or any section of the public in fear; or
(2) affecting adversely the harmony between different religious, racial, language
or regional groups or castes or communities; or
(3) coercing or overawing the government established by law; or
(4) endangering the sovereignty and integrity of the nation
and a cyber terrorist is the person who uses the computer system as a means or ends to achieve
the above objectives. Every act done in pursuance thereof is an act of cyber terrorism.
10.Trafficking
Trafficking may assume different forms. It may be trafficking in drugs, human beings,
arms weapons etc. These forms of trafficking are going unchecked because they are
carried on under pseudonyms. A racket was busted in Chennai where drugs were being
sold under the pseudonym of honey.
11. Fraud & Cheating
Online fraud and cheating is one of the most lucrative businesses that are growing today in
the cyber space. It may assume different forms. Some of the cases of online fraud and
cheating that have come to light are those pertaining to credit card crimes, contractual crimes,
offering jobs, etc.
Recently the Court of Metropolitan Magistrate Delhi found guilty a 24-year-old engineer
working in a call centre, of fraudulently gaining the details of Campa's credit card and bought a
television and a cordless phone from Sony website. Metropolitan magistrate Gulshan Kumar
convicted Azim for cheating under IPC, but did not send him to jail. Instead, Azim was asked to
furnish a personal bond of Rs 20,000, and was released on a year's probation.

STATUTORY PROVISONS:
Statutory provisions which deal with the cyber offences and they are as follows-

[Section 65] (Tampering with computer source documents):-
Tampering with computer source documents.-Whoever knowingly or intentionally conceals,
destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any
computer source code used for a computer, computer programme, computer system or computer
network, when the computer source code is required to be kept or maintained by law for the time
being in force, shall be punishable with imprisonment up to three years, or with fine which may
extend up to two lakh rupees, or with both.

Explanation.-For the purposes of this section, "computer source code" means the listing of
programmes, computer commands, design and layout and programme analysis of computer
resource in any form.

[Section 66] hacking with computer system:-
(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or
damage to the public or any person destroys or deletes or alters any information residing in a
computer resource or diminishes its value or utility or affects it injuriously by any means,
commits hacking.

(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with
fine which may extend up to two lakh rupees, or with both.

[Section 67] Publishing of information which is obscene in electronic form:-
Whoever publishes or transmits or causes to be published in the electronic form, any material
which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave
and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it, shall be punished on first conviction with
imprisonment of either description for a term which may extend to five years and with fine
which may extend to one lakh rupees and in the event of a second or subsequent conviction with
imprisonment of either description for a term which may extend to ten years and also with fine
which may extend to two lakh rupees.

[Section 67 A] Punishment for publishing or transmitting of material containing sexually explicit
act, etc., in electronic form:-
Whoever publishes or transmits or causes to be published in the electronic form, any material
which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave
and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it, shall be punished on first conviction with
imprisonment of either description for a term which may extend to five years and with fine
which may extend to one lakh rupees and in the event of a second or subsequent conviction with
imprisonment of either description for a term which may extend to ten years and also with fine
which may extend to two lakh rupees.

[Section 67 B] Punishment for publishing or transmitting of material depicting children in
sexually explicit act, etc., in electronic form:-
whoever

a. publishes or transmits or causes to be published or transmitted material in any electronic form
which depicts children engaged in sexually explicit act or conduct; or

b. creates text or digital images, collects, seeks, browses, downloads, advertises, promotes,
exchanges or distributes material in any electronic form depicting children in obscene or
indecent or sexually explicit manner;

c. cultivates, entices or induces children to online relationship with one or more children for and
on sexually explicit act or in a manner that may offend a reasonable adult on the computer
resources; or

d. facilities abusing children online, or

e. records in any electronic form own abuse or that of others pertaining to sexually explicit act
with children

shall be punishable on first conviction with imprisonment of either description for a term which
may extend to 5 yrs and with fine which may extend to ten lakh rupees and in the event of
second or subsequent conviction with imprisonment of either description of a term which may be
extend to 7 yrs and also with fine which may extend to 10 lakh rupees.

[Section 71] Penalty for misrepresentation:-
Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller of
the Certifying Authority for obtaining any license or Digital Signature Certificate, as the case
may be, shall be punished with imprisonment for a term which may extend to two years, or with
fine which may extend to one lakh rupees, or with both.

[Section 72] Penalty for breach of confidentiality and privacy:-
Save as otherwise provided in this Act or any other law for the time being in force, any person
who, in pursuance of any of the powers conferred under this Act, rules or regulations made there
under, has secured access to any electronic record, book, register, correspondence, information,
document or other material without the consent of the person concerned discloses such electronic
record, book, register, correspondence, information, document or other material to any other
person shall be punished with imprisonment for a term which may extend to two years, or with
fine which may extend to one lakh rupees, or with both.

[Section 72 A] Punishment for disclosure of information for breach of lawful contract:-
Any person including an intermediary who, while providing services under the terms of lawful
contract, has secured access to any material containing personal information about another
person, with the intent to cause or knowingly that he is likely to cause wrongful loss or wrongful
gain discloses, without consent of the person concerned, or in breach of a lawful contract, such
material to any other person, shall be punished with imprisonment for a term which may extend
to 3 yrs or with fine which m extend to 5 lakh rupees or with both.

[Section 73] Penalty for publishing Digital Signature Certificate false in certain particulars:-

(1) No person shall publish a Digital Signature Certificate or otherwise make it available to any
other person with the knowledge that- (a) the Certifying Authority listed in the certificate has not
issued it; or (b) the subscriber listed in the certificate has not accepted it; or (c) the certificate has
been revoked or suspended, unless such publication is for the purpose of verifying a digital
signature created prior to such suspension or revocation.

(2) Any person who contravenes the provisions of sub-section (1) shall be punished with
imprisonment for a term which may extend to two years, or with fine which may extend to one
lakh rupees, or with both.

[Section 74] Publication for fraudulent purpose:-
Whoever knowingly creates, publishes or otherwise makes available a Digital Signature
Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a
term which may extend to two years, or with fine which may extend to one lakh rupees, or with
both.

Certain new cyber offences cover by Amendment Act 10 of 2009 of IT Act, 2000 and they
are:
[Section 66A.] Punishment for sending offensive messages through communication services: Any
person who sends, by means of a computer resource or a communication device,

(a) Any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill
will, persistently by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or
inconvenience or to deceive or to mislead the addressee or recipient about the origin of such
messages, shall be punishable with imprisonment for a term which may extend to three years and
with fine.

[Section 66 B] Punishment for dishonestly receiving stolen computer resource or communication
device:-
Whoever dishonestly received or retains any stolen computer resource or communication device
knowing or having reason to believe the same to be stolen computer resource or communication
device, shall be punished with imprisonment of either description for a term which may extend to
three years or with fine which may extend to rupees one lakh or with both.

[Section 66C] Punishment for identity theft:-
Whoever, fraudulently or dishonestly make use of the electronic signature, password or any
other unique identification feature of any other person, shall be punished with imprisonment of
either description for a term which may extend to three years and shall also be liable to fine with
may extend to rupees one lakh.

[Section 66 D] Punishment for cheating by personation by using computer resource:-
Whoever, by means for any communication device or computer resource cheats by personating,
shall be punished with imprisonment of either description for a term which may extend to three
years and shall also be liable to fine which may extend to one lakh rupee.

[Section 66 E] Punishment for violation of privacy:-
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area
of any person without his or her consent, under circumstances violating the privacy of that
person, shall be punished with imprisonment which may extend to three years or with fine not
exceeding two lakh rupees, or with both.

[Section 66 F] Punishment for cyber terrorism:-
(1) Whoever,
(A) With intent to threaten the unity, integrity, security or sovereignty of India or to strike terror
in the people or any section of the people by

(i) Denying or cause the denial of access to any person authorized to access Computer resource;
or

(ii) Attempting to penetrate or access a computer resource without authorization or exceeding
authorized access; or

(iii) introducing or causing to introduce any computer contaminant; and by means of such
conduct causes or is likely to cause death or injuries to persons or damage to or destruction of
property or disrupts or knowing that it is likely to cause damage or disruption of supplies or
services essential to the life of the community or adversely affect the critical information
infrastructure specified under section 70, or

(B) knowingly or intentionally penetrates or accesses a computer resource without authorization
or exceeding authorized access, and by means of such conduct brains access to information, data
or computer database that is restricted for reasons for the security of the State or foreign
relations, or any restricted information, data or computer database, with reasons to believe that
such information, data or computer database so obtained may be used to cause or likely to cause
injury to the interests of the sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality, or in relation to contempt of
court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of
individuals or otherwise, commits the offence of cyber terrorism.

(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with
imprisonment which may extend to imprisonment for life.

Extraterritorial jurisdiction (Section 75):-
Act to apply for offence or contravention committed outside India.-
(1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any
offence or contravention committed outside India by any person irrespective of his nationality.

(2) For the purposes of sub-section (1), this Act shall apply to an offence or contravention
committed outside India by any person if the act or conduct constituting the offence or
contravention involves a computer, computer system or computer network located in India.

Power to investigate offences (Section 78):-
Power to investigate offences.-Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), a police officer not below the rank of Deputy Superintendent of
Police shall investigate any offence under this Act.

CONCLUSION
Capacity of human mind is unfathomable. It is not possible to eliminate cyber crime
from the cyber space. It is quite possible to check them. History is the witness that no
legislation has succeeded in totally eliminating crime from the globe. The only possible
step is to make people aware of their rights and duties (to report crime as a collective
duty towards the society) and further making the application of the laws more stringent to
check crime. Undoubtedly the Act is a historical step in the cyber world. Further I all
together do not deny that there is a need to bring changes in the Information Technology
Act to make it more effective to combat cyber crime. I would conclude with a word of
caution for the pro-legislation school that it should be kept in mind that the provisions of
the cyber law are not made so stringent that it may retard the growth of the industry and
prove to be counter-productive.









Bibliography
1. Bare Act of Information Technology Act, 2000
2. Rodney Ryder, Guide to Cyber Laws, Wadhwa Nagpur, 2nd Edition, 2003
3. Vakul Sharma, Information Technology: Law & Practice, Universal Law Publishers, 2nd
edition, 2007
4. Dr. Farooq Ahemed, Cyber Law in India, New Era Law Publishers, 3rd edition, 2008
5. Dr. Amita Verma, Cyber Crimes in India, Central Law Publishers, Allahabad, 2012

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