Laws on Cyber Crimes [Alongwith IT Act and Relevant Rules] Dr. Pramod Kr. Singh Book Enclave Jai pur India Note: (1) No part of this book can be reproduced or copied in any form. (2) All possible care has been taken while preparing and publishing this book and the author, publisher and printer shall not be responsible at all for any kind of error or omission found, if any, in this book. Readers must cross-check from original Government notification and other materials. ISBN : 978-81-8152-163-7 First Published: 2007 ISBN: 81-8152-163-3 © Reserved PlIblished by Book Enclave Jain Bhawan, Opp. N.E.I., Shanti Nagar, Jaipur - 302006 Tel. 0141-2221456 Showroolll C-13, 55. Tower, Dhamam Street, Chaura Rasta, Jalpur Tel. 0141-2311900, Fax: +91-141-2311900, E-mail:
[email protected] Laser Typcscttlllg by Pushpendra Shekhawat, Jaipur Printed al Roshan Offset Printers, DeIhl Contents 1. Information Technology and Cyber Crimes: An Introduction 2. Information Technology: Definition, Dimensions and Influence on Lives 3. Regulatory Perspectives and Technology 4. Technology and Forms of Cyber Crimes 5. Computer Crimes and Cyber Crimes: A Criminological Analysis 6. Cyber Crimes and Global Response 7. Cyber Crimes and Indian Response 8. Mens Rea and Criminal Liability 9. Investigation in Cyber Crimes: Implications and Challenges 10. Cyber Crimes : Discovery and Appreciation of Evidences 11. Prevention of Cyber Crimes: National and International Endeavours 12. Human Rights Perspectives in Cyber Crimes 13. Cyber Crimes: Precaution and Prevention 3 18 30 40 64 77 96 115 130 159 177 207 217 Part-J "This page is Intentionally Left Blank" 1 Information Technology and Cyber Crimes : An Introduction Synopsis 1.1. Information Technology: An Introductory note • Cyber Space • IT Evolution in India • Common Cyber Crimes 1.2. Cyber Crimes: Glimpses 1.3. Cyber Crimes : Definition and Scope 1.4. Nature and Extent of Cyber Crime 1.5. Cyber Crimes : Know no Boundaries 1.6. Rapid Transmission and Accuracy 1.7. Diversity and Span of Victimisation 1.B. Cyber World: Laws Lags behind Techl1ologtj 1.9. Inadequacy of Law 1.10. Influence 011 Teenagers: Views and Counter-views 1.1. Information Technology: An Introductory note Crime is not a single phenomenon that can be examined, analysed and described in one piece. It occurs in every part of the country and in every stratum of society. The offenders and its victims are people of all ages, income and backgrounds. Its trend 4 Laws on Cyber Crimes are difficult to ascertain. Its causes are legion. Its cures are speculative and controversial. Computer related crimes, popularly called as Cyber Crimes, are most latest among all the crimes . • Cyber Space William Gibson in the science fiction ("Neuromancer") coined the word "Cyber space" in 1984. Basically it denotes the virtual location within which electronic activities takes place. Cyber space is a borderless environment. It has no territorial based boundaries. The internet address has no relation to the physical location of computers and individuals accessing them thus render geographical borders of nations meaningless. The geographical boundaries of nations and the electronic frontiers do not have any co-relationship. Since nations assert authority or the basis of territorial nexus over individual, events and happenings occurring within its jurisdiction, when territorial borders lose their meaning, well settled principle of international law is threatened. Cyber space, thus, challenges the well-established principle of international law that control over physical space and people is an attribute o