The role of cyber law in cybersecurity in India

INTRODUCTION Cybercrimes occurs when there is illegal or unauthorized access of data or access which involves computer or any such device. There is a rapid increase in the cybercrimes which also includes frauds, abuse, as well as misuse of devices. With the advent of usage of an internet in every field it gives a vast […]


Cybercrimes occurs when there is illegal or unauthorized access of data or access which involves computer or any such device. There is a rapid increase in the cybercrimes which also includes frauds, abuse, as well as misuse of devices. With the advent of usage of an internet in every field it gives a vast scope for cyber criminals to use it in fields such as sports, nuclear or personal information without any need to be present at the place physically. Both technology and internet is increasing at lightning fast, which has its own pros and cons. These cons are used by individuals after founding loopholes in the system for illegal activity also known as cyber-crime.

The term cybercrime is not defined in Information Technology Act, 2000. “The modern thief is more likely to steal with a computer than with a sword. The terrorist of tomorrow may be able to do more harm with a keyboard than with a bomb.”

Cyber fraud is a subspecies of cybercrime which also required an internet with the intent of giving false information for getting money, property by tricking his victim. Cyber fraud includes a large range of distinctive crimes which are committed on internet. There is different from theft, as in this case the victim is subterfuge by the perpetrator to give information about money or property. Hacking, phishing, identity theft are the most common cyber frauds which in result loss of information or financial assets of the victim. It is clearly seen in the last few years th at the individual or organisation has to equally aware of both insider as well as outsider for frauds.

Cyber space is used for various illegal activities which result in compromise the privacy of the individual.


1. Unauthorized access and Hacking The access to the computer data or network without the prior assent from its owner is defined as unauthorized access. The unauthorized access into a computer data or network is called as hacking. Hackers use computer software or application, which is used to strike the particular target, to commit this crime.

2. Phishing

It is the crime which is committed by sending an email which appears to be a legitimate mail by proper organization for tricking its user into giving their confidential information which is mainly used for various purposes such as identity theft, money, etc. Such scams vary from easy to sophisticated; they evolve every day, often transforming into more subtle or complicated scams. These scams normally ask the user for their bank account number, credit card number, passwords, etc.

3. Intellectual property frauds

Piracy in software describes as unauthorized or counterfeiting of original programs and selling goods making them same as the original. Such crime types may include copyright infringement, trademark infringement, computer source code theft, patent infringement, etc.

4. Charity fraud

These scams are done by counterfeiting the humanitarian organization or NGOs for supporting the natural disasters, war zones or diseases. Theses scams mainly ask for donations while attaching the new article for showing them as genuine. There are various attempt made by the scammer for asking more payments as a donations and after various

payments are made they also provides a fake certificate for donations.

6. The Nigerian Prince

This scam is consider as world’s oldest trick in literature. The name of this scam is named after the banning of this activity in Nigeria. The idea is that, while it may be any other nationality, a member of a wealthy Nigerian family wants your support and will provide you wealth for your support in accessing his inheritance.

7. Online shopping frauds

This is one of the greatest frauds on the internet over the last few years. Within this system, fraudsters set up fake online shopping portals in order to rob innocent people of their hardearned money. At a very cheap rate, they show attractive product on the website. But either the fake product is delivered, or the product is not delivered at all, after the transaction is made by paying the money. Those websites will have no return or refund policy and there will also be no service person to help customers.

8. Lottery fraud

Lottery fraud is one of India’s top three Web frauds. Fraudsters call you under lottery fraud or send emails and messages saying that you’ve won a lottery worth rupees some crore. In the

name of insurance, you’ll be told to send money online to earn the lottery money. Often a visit to fake websites will ask you to pay money. All your card data will be compromised when you try to make the payment using certain websites.



In this case, trainees of bank management was engaged in a marriage. The pair had been using the company’s computers to exchange several letters. They had broken up their marriage after some time and the lady made a fake mail id like “Indian bar associations” and mails was sent to the foreign customers. She used the bank computer for sending these mails. These result in loss of large consumers. The bank was held liable for thes



The Chief executive officer of Bazee.com was arrested due to the offensive content uploaded on their website. The CD was also sold in the market. Both Mumbai and De lhi police taken action and arrested the CEO but later released on bail. This raises debate on whether the burden and responsibility rest on Internet service provider or on content provider.


The plastics firm’s owner in Andhra Pradesh was arrested, and the Vigilance Department seized 22 crore rupees in cash from his home. Thus, the defendant to show the validity of trade provides 6000 vouchers which was scrutinize with the documents and computer but after careful scrutiny it was found out that defendant was running 5 different companies and made those 6000 vouchers after the raid was conducted. So the State businessman’s questionable tactics were revealed when department officials used the computers of the accused.


Cyber criminals are often looking for an easy way to earn big. They usually target big corporations and wealthy individuals where they can access the confidential information by unauthorized access. These offenders are hard to apprehend. These are the reasons why computers are vulnerable:

Easy to access  The dilemma with shielding a data network from unauthorized

access is that due to the advanced technologies, there are several opportunities for breaches. Hackers easily access bypass firewalls and other system by stealing various codes, biometrics, etc.

Complex Computers usually run on complicated operating systems, and millions of codes are coded for such operating systems. Human mind is flawed and at every point they will make mistakes. Cyber criminals benefit from these holes.

Negligence-Negligence is one of human behavior’s characteristics. So, there could be a possibility that we may make some negligence in protecting the computer system which provides access to the computer system.

Lack of evidence-Crime-related records can easily be lost. Therefore, lack of evidence has become a very normal & apparent problem that paralyzes the mechanism behind the cybercrime investigation.


Cybercrime plays a significant threat for all the developing developed countries and also to the economic development of a country as the financial institutions experience highest instances of the same. The unique characteristic of cybercrime is that there will never be direct interaction between the victim and the suspect. Cybercrime suspects usually operates from a country which has non-existent or poor cyber laws which resulted in limitation to the detection and prosecution opportunities. Among the people there is a misconception that cybercrimes only referred as crime committed over internet or in the cyber space.

In reality, it is not necessary that cybercrime can only be committed in cyberspace as, it can be committed outside of cyberspace. Security of the program is one of its example. Electronic crime studies are classified into two major ways: electronic system used as a primary tool for committing crime. Computer which works as a criminal instrument.

Prevention, as they claim, is better than cure, one is required to follow fair security practices; web certification, security measures, awareness training, compliance with requirements, adherence to policies such as password policy, access control, email policy, etc. Measures and proce dures to obey are a must:

• Identification of exposures by education

• Any personal details revealed to third parties via any means such as emails, should be


• One must avoid sending electronically any photograph to strangers as a misuse of photographic incidents that are through daily.

• A modified anti-virus program should be used by all netizens to protect against virus attacks and should also maintain in volumes to avoid loss of data in the case of contamination from virus.

• The credit card details should not be provided to any unsecured websites for protection against fraud.

• Parents have to keep an eye on the places that their children have access to, to avoid some form of child abuse or depravity.