CHAPTER II CYBER CRIME AND ITS CLASSIFICATION

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P a g e 25, successful computer was built and the size of the computer was so big that it. takes the space of entire room and they were too expensive to operate The. functioning of these computer were not understandable to large number of. people and only select people with expertise had direct access to such. computers and has the knowledge to operate them For obvious reasons the. computer technology was extremely expensive and beyond the purchasing. capacity of almost the entire population until IBM s came into being wherein. it introduced its stand alone personal computer in 1981 and exposing many. to the rewards of quick data access and manipulation that up to that time had. been realized by few The Personal computers become cheaper and become. household item at the start of 21st century in India The Internet was first. started by the US department of defence after World War II with the idea to. have a network which could work in the event of disaster or war and securely. transmit information The First Network was known as ARPANET with the. development of Transmission Control Protocol Internet Protocol World Wide. Web and Hypertext the internet become rage all over the world With the. growth of Internet the quality and variety of information grew However at. that point nobody anticipated the opportunities the internet is going to provide. the technology savvy criminals, In India the internet services started by the state owned Videsh. Sanchar Nigam Limited in year 1995 and in 1998 the government has ended. the monopoly of VSNL and market is opened to private operators At that. point the internet users in India are 0 1 of total population and now India. has become the 2nd largest country in terms of internet users after china with. 33 22 people using internet 2, The process of criminalization of human behaviour judged to be. harmful the public is typically one that builds slowly in common law. jurisdictions Momentum gained through problem identification and pressures. https en wikipedia org wiki List of countries by number of Internet users Accessed on. 3rd February 2016,P a g e 26, exerted mg special interest groups can easily span decades before undesirable. actions are classified as crime In some instances this process is accelerated. through the occurrence of certain catalyst events that capture attention of the. public and the attention of lawmakers 3, The first recorded cyber crime took place in the year 1820 That is not.
surprising considering the fact that the abacus which is thought to be the. earliest form of a computer has been around since 3500 B C in India Japan. and China The era of modem computers however began with the analytical. engine of Charles Babbage In 1820 Joseph Marie Jacquard a textile. manufacturer in France produced the loom This device allowed the repetition. of a series of steps in the weaving of special fabrics This resulted in a fear. amongst Jacquard s employees that their traditional employment and. livelihood were being threatened They committed acts of sabotage to. discourage Jacquard from further use of the new technology This is the first. recorded cyber crime 4, In the case of computer crime legislators grew increasingly attentive is. the 1980s as businesses became more dependent upon computerization and as. catalyst event cases exposed significant vulnerabilities to computer crime. violations Criminals can now easily encrypt information representing. evidence of their criminal acts store the information and even transmit it with. little fear of detection by law enforcement Due to the extraordinary impact of. the Internet a computer crime scene can now span from the geographical. point of the victimization e g the victim s personal computer to any other. point on the planet further complicating criminal investigative efforts In. effect computer technology has dramatically altered the criminal justice. terrain such that enterprising and opportunistic criminals have consciously. turned to the computer to commit their illegal acts in situations in which the. computer serves as the instrument of the crime the means by which the crime. Abraham D Sofaer Seymour E The Transnational Dimension of Cyber Crime Terrorism. Hoover Institution Press 2001, http cybercrime planetindia net intro htm Accessed on 4th February 2016. P a g e 27, is committed as well as in cases in which the victim s computer or computer. system is the target or objective of the act And as stated above the. presence of new computer technology aids cyber criminals in situations in. which the computer s role is incidental to the crime situations in which the. computer is used to house and protect information that is evidence tying the. offender to criminal acts A commonality among these types of crimes is that. the offender to a great degree depends upon the lack of technological skills of. law enforcement to successfully commit the offenses and escape undetected. Based upon what empirical evidence has been available on self assessed skills. of investigators in this area computer criminals would have good reason to. feel some confidence in their chances to evade detection of their crimes 5. As we advance towards the 21st century it van be observed that the. technological innovations have laid the way for the entire population using. computer technology today to experience new and wonderful conveniences in. their daily life ranging from how to educated shop entertain to availing the. understanding of the business strategies and work flow Our day to day lives. have been forever changed thanks to rapid advances made in the field of. computer technology These changes allow us to communicate over great. distances in an instant and permit us almost effortlessly to gather and. organize large amounts of information tasks that could otherwise prove. unwieldy and expensive The technological treasures that have improved the. quality of our lives however can reasonably be viewed as a doubled edged. sword While computer technology has opened doors to enhanced. conveniences for many this same technology has also opened new doors for. 3 Definition of Cyber Crime, Stambaugh H et al Electronic Crime Needs Assessment for State and Local Law. Enforcement National Institute of Justice Report Washington Dc U S Department of. Justice March 2001 Available at https www ncjrs gov pdffiles1 nij grants 198421 pdf. Accessed at 04th February 2016,P a g e 28, The Indian Legislature doesn t provide the exact definition of Cyber.
crime in any statute even the Information Technology Act 2000 which deals. with cyber crime doesn t defined the term of cyber crime However in general. the term cybercrime means any illegal activity which is carried over or with. the help of internet or computers, Dr Debarati Halder and Dr K Jaishankar define cybercrimes as. Offences that are committed against individuals or groups of individuals with. a criminal motive to intentionally harm the reputation of the victim or cause. physical or mental harm or loss to the victim directly or indirectly using. modern telecommunication networks such as Internet Chat rooms emails. notice boards and groups and mobile phones SMS MMS 6. We do not have any precise definition of cyber crime however. following is the general definitions of term cyber crime. The oxford Dictionary defined the term cyber crime as Criminal. activities carried out by means of computers or the Internet 7. 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 8, Cyber crime means any criminal or other offence that is facilitated by. or involves the use of electronic communications or information systems. including any device or the Internet or any one or more of them 9. Professor S T Viswanathan has given three definitions in his book The. Indian Cyber Laws with Cyber Glossary is as follows. 1 Any illegal action in which a computer is the tool or object of. the crime i e any crime the means or purpose of which is to influence the. function of a computer, http www ripublication com irph ijict spl ijictv4n3spl 06 pdf Accessed on 4th January. http www oxforddictionaries com definition english cybercrime Accessed on 4th January. http www naavi org pati pati cybercrimes dec03 htm Accessed on 4th January 2016. http cybercrime org za definition Accessed on 4th January 2016. P a g e 29, 2 Any incident associated with computer technology in which a. victim suffered or could have suffered loss and a perpetrator by intention. made or could have made a gain, 3 Computer abuse is considered as any illegal unethical or.
unauthorized behavior relating to the automatic processing and transmission of. 4 Nature and Scope of Cyber Crime, Crime is a socially correlated phenomenon No matter how much we. try we cannot experience a society without cybercrime In actual sense when. we are not yet able to control the crime rate to the desirable minimum in the. real world how would it be possible to curb the same in the virtual world as. the same is comparatively more unreal everlasting and legally less. controllable However with the time nature and scope and definition of crime. changes in a given society Crimeless society is a myth and crime cannot be. segregated from a society Thus the nature of the crime depends upon the. nature of a society, Complexity of the society determines the complexity of the crime that. evolves around it To understand the crime in a society it is essential and. crucial to verify all the factors which influence and contribute to the crime. The socio economic and political structure of the society needs to understand. the crime and the recourse that may curb the same The preventive and. corrective measures adopted by the machinery to control the crime and. delinquent behaviour in the society are also taken into consideration while. studying the nature and scope of a crime, The advancement of the technology has produced new socio economic. and political problem in the society and instead of helping the state in. controlling the problem it has created new complex situation which is difficult. to understand and even more difficult to apply current law to face the. S T Viswanathan The Indian Cyber Laws with Cyber Glossary 2001 p 81. P a g e 30, situation The state machinery is not equipped with enough sources and. knowledge to handle the modern crime, Computers have transformed the modern society beyond expectations.
in last three to four decades It has made life not only convenient but has also. immensely helped different sections of the world come closer socially. economically and culturally The Computer technology has made it possible to. have access to all corners of the world while sitting in a room Modern. technology has put an end to the barriers of time and space However unlikely. with the remarkable merits of having computers today due to this the. jurisdictional issue has been created in legal system. Jurisdiction is one aspect which is very difficult to determine in. transnational transaction over the internet There was unmanageable ambiguity. when courts were subjected to questions pertaining to jurisdiction law and. were unable to decide the proper forum to entertain cases involving cyber. crime as the cyberspace or virtual world is borderless if we compare it with. physical world and that is why it is very difficult to control cybercrime. Through the local machinery we are not able to tackle the problem related. with cyber crime because our machinery is not compatible to deal with. transnational crimes The law applicable to the territory is not advanced. enough to regulate the cyber crime as their nature is far different from the. existing crime, Thus the global dimension of cyber crime is made it difficult to handle. and dealt with The evolution of internet technology has given us so many. advantages to deal with future problems and grow with rapid rate but also it. has provided the scope for criminals to commit their crime with least chance. of detection The cyberspace has proved a boon to the deviant behaviour in the. society The concept of cyber crime has gained speed and we are facing great. threat of its impact on world society The human society is become vulnerable. to cyber crime due to more and more dependence on technology. P a g e 31, Cyber crime becomes a global phenomenon and hence the nationwide. generalization of crime cannot workable in present scenario Our. understanding and regulation of cyber crime cannot be national but has to be. international We have to enact new laws and prepare preventive and. defensive mechanism globally only then we can able to protect our society. from this evil called Cyber Crime, Therefore the threat of cyber terrorism throws serious challenge to. world and its agencies The terrorist organizations using technology to spread. hatred among people and using it to recruit militants and train them using. teaching tools They are also launching websites which show them how to use. weapons make bombs etc, 4 1 Doctrine of Mens Rea Actus Reus in Cyber Crime. As far as Traditional Crime is concerned Mens Rea and Actus Reus are. the two most important elements to crime Actus Reus means Such result of. human conduct as the law seeks to prevent 11 There must be commission or. CYBER CRIME AND ITS CLASSIFICATION 1 Introduction Cyber crime is not an old sort of crime to the world It is defined as any criminal activity which takes place on or over the medium of computers or internet or other technology recognised by the Information Technology Act Cyber crime is the most prevalent crime playing a devastating role in Modern India Not only the criminals are causing

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