Ch- 1 Introduction to Cyber Crime

1.1 Introduction:

Cyber world is the combination of computers and other communication

convergence Technologies. It raises complex problems for traditional laws.
Traditional laws are to be applied in superhighway with new spectacle. But
these laws are not adequate in cyberspace always. Cyber space has no specific
location which is another problem in contemporary legal system. Cyber world
is the world without specific boundaries where people with a keyboard and
mouse by single click can visit whole world, can speak with any one they wish,
can see any one they wish,, even thousands of miles away, they can have online
discussion with each other, exchange their views, sell and purchase things,
access banking facilities, create information and exchange information online.

Thus, online transmission of electronic data, electronic commerce, electronic

communications as well as electronic Governance and mobile commerce,
mobile communications, as well as mobile Governance have become much
popular world wide which have attracted not only intelligent and educated
people but also general people from men to women, old age to teenager; youth,
literate and illiterate everyone. Therefore, manual or paper transactions have
become obsolete in the era of communication convergence. Governments have
changed their nature of work into electronic governance and instant
communications through Information Technology have become order of the
day. Internet telephony became very common feature at cyber cafe; the present
vulnerable electronic payment without adequate preventive measures is
increasing cyber shock not only in banking and commerce operations but it also
has impact in natural social life. Software piracy became boom business; video
and phonographic industries are sinking day by day around the world.

A new breed of criminals have appeared to destroy computer, computer

system, mobile phone with internet connection wireless network, internet
telephony system, web camera and the like which are applicable in electronic
commerce. electronic-Govenance and so on. Cyberspace has no specific
jurisdiction; therefore, criminals can commit crime from any location through
computer in the world leaving no evidence to control. Protection of information

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 is keeping symbolic representation from harm or in other words it is preventing
harm caused by symbolic representations. It is a form of self-defence in cyber
space which cannot be left to others.

It is very difficult to control cybercrime because:

 Criminals are well aware that their victims are vulnerable and unaware
about security and preventive measures,
 They hardly leave any evidence
 Lack of adequate legislation to control them
 Lack of awareness among users
 Traditional laws are not adequate and present Information Technology
Law is not enough to prevent and control cyber crimes in India
 Lack of expert law enforcing agencies with infrastructural support.

1.2 History Of Cyber Crime:

FIRST PHASE OF HISTORY OF CYBER CRIME:

The gathering of information and mechanical cryptographic system can be

traced more than many years before. Information system influenced on foreign
attack and military system of a country from ancient period.

History of Hacking can be traced from 1870s use of brand new telephone
by teenager generally for telephone phreaking. William Frederick Friedman,
lead code-breaker of Japan’s World War-II purple Machine and was
honoured as the father of United State’s crypto-analysis. William Frederick
Friedman, lead code-breaker of Japan’s World War-II purple Machine and
was honoured as the father of United State’s crypto-analysis. The Book
written by him in the year 1918 on cryptography is still a guideline for
prevention and control of cybercrimes.

New electronic media known as Information Technology was evolved

in late 1950s. With evolution of computer the computer crime problems
evolved with negative result of new Technology problems which would also
maintain information’s stored in computer as well as their system data base

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 and to prevent and control cyber crimes e.g., cyber theft, unauthorised access
to computer, systems and device etc.

SECOND PHASE OF HISTORY OF CYBER CRIME:

In early 1870s who were involved in telephone phreaking became hackers in

the 1960s. In the early 1960s telephone phreakers had an extra curiosity to
know about computer, computer system and how to use it and its activities for
their own ends. But deference was that in the early stage of the information
technology cyber-crimes were committed by highly educated technology
experts who had access to this new technology e.g., programmers, engineers,
administrators with new technology knowledge. In the year 1960 MITs
artificial intelligence laboratory became the field for hackers to play. At that
time the hacker’ was a positive term and only the computer professionals with
high technological knowledge were involved in these activities. The
programmed Data Processor (PDP-I) was developed and marked in the year
1960 by the Digital Equipment Corporation (DEC). This was the first
computer which was used for commercial time sharing for business, schools,
laboratories, programmers on payment of rent to the owner of the computer.
This was the opening door to hackers to play with data or information sharing
in vulnerable cyber world.

THIRD PHASE OF HISTORY OF CYBER CRIME:

In the year 1970, the cyber world and network was open to world wide
users. And by that time another cyber crime evolved and became legal
challenge world wide that is cyber pornography.

Hackers started using programme code. In the late 1960s and 1970s the
Russian Government used to employ those programmers for security
measures.

FOURTH PHASE OF HISTORY OF CYBER CRIME:

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 In the early 1980s hackers were arrested for about 60 computer breakings
from memorial Sloan with Kettering concern center which were arranging to
attack on Los Alamos national laboratory. Therefore, in the later part of
1980s the comprehensive Crime Control Act was passed for secret service
jurisdiction over the computers fraud and credit card informations in the
USA.

Two hackers groups were formed in this era. They were named as the legion
of Doom in the USA and the choose computer club in the Germany. Though
2600, the Hackers Quarterly was founded earlier to share tips of telephone
phreaking and computer hacking in the early 1980s. The

.first National Bank of Chicago was the victim of a $ 70 million

computer hacking. Not only that law enforcement agency investigated an
Indian hacker known as “fry guy'’ for hacking Me. Donalds information. The
most popular hacker Kevin Mitnick was convicted in 1980s for damaging
computers and stealing software and was sentenced to one year imprisonment
for secretly monitoring the e-mail of MCI and digital Equipment Security.

FIFTH PHASE OF HISTORY OF CYBER CRIME:

In the year 1984 the Computer Fraud and Abuse Act was first enacted
which dealt with unauthorised, access in the USA legal system. This Act was
revised in 1994 and amended in the late 1996. This Act prohibits unauthorised
access to computers to commit espionage, unauthorised access to non- public
government computer, computer fraud, damage to computer, trafficking in
passwords, threats to damage a computer. Not only that, in the late 1980s, the
computer emergency response team was formed by the United States defences
agencies. Its mission was to investigate the growing volume of attacks on
computer networks.

1.3 Cyber Crime

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 1.3.1 Hacking :

Hacking is identifying weakness in computer systems or networks to

exploit its weaknesses to gain access. Example of Hacking: Using password
cracking algorithm to gain access to a system

Computers have become mandatory to run a successful businesses. It is not

enough to have isolated computers systems; they need to be networked to
facilitate communication with external businesses. This exposes them to the
outside world and hacking. Hacking means using computers to commit
fraudulent acts such as fraud, privacy invasion, stealing corporate/personal
data, etc. Cyber crimes cost many organizations millions of dollars every
year. Businesses need to protect themselves against such attacks.

1.3.2 Cyber Hacker

A computer hacker is any skilled computer expert that uses their technical
knowledge to overcome a problem. While "hacker" can refer to any skilled
computer programmer, the term has become associated in popular
culture with a "security hacker", someone who, with their technical
knowledge, uses bugs or exploits to break into computer systems.

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 Ch. 2 Nature of Crime

2.1 Basics of Crime

Human conducts which are prohibited by criminal law and for which state
imposes punishment through criminal law are to be treated as crimes. There are
several human conducts in our society some are prohibited by moral code i.e.,
immoral, some are prohibited by civil law i.e., civil wrong and some are
prohibited by criminal law i.e., crimes and those which are not prohibited by
any of these are not wrong. Therefore, crime is criminal wrong. To define crime
is a complex task. To understand meaning and concept of crime it is proper to
examine some of the definitions of crime which are propounded by several
eminent Jurists.

A. Crime as public wrong:

According to Blackstone crime isa public wrong. He defines crime in two
ways
(1) Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. This definition we cannot accept in its entirety
because Constitutional Law, Administrative Law etc. are Public Law
violations of which are not crimes.
(2) He modifies his definition and say that a crime is a violation of the public
rights duties due to the whole community, considered as a community.
Stephen modified Blackstone’s definition and defines as such: a crime is a
violation of a right, considered in reference to the evil tendency of such
violation - as regards the community at large.

B. Crime as social wrong:

S.S. Huda explained that theEnglish word ‘Crime’ owes its genesis to the
Greek expression ‘Krimos’; which is synonymous to the Sanskrit word
‘Krama’, meaning social order. It is therefore, in common parlance the
word ‘crime’ is applied to those acts that go against social order and are
worthy of serious condemnation. Garafalo says crime is an immoral and
harmful act that is regarded criminal by public opinion because it is an
injury to so much of the moral sense as is represented by one or the other,
of the elementary altruistic sentiments of probity and pity (honesty).

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 Moreover, the injury must be to these sentiments not in their superior and
finer degrees, but in the average measure in which they are possessed by a
community as measure which is indispensable for the adaptation of the
individual to society.

C. Crime as conventional wrong:

Edwin Sutherlanddefines crime as criminal behaviour criminal behaviour

is behaviour in violation of the criminal law. No matter what the degree of
immorality, reprehensibility or indecency of an act, it is not a crime unless
it is prohibited by the criminal law. The criminal law, in turn, is defined
conventionally as a body of specific rules regarding human conduct which
have been promulgated by political authority, which apply uniformly to all
members of the classes to which the rules refer, and which are enforced by
punishment administered by the state. The characteristics which distinguish
this body of rules regarding human conduct from other rules are therefore,
politicality, specificity, uniformity and penal sanction. This is more
characteristics then definition of crime.

D. Crime as social wrong:

Crime is a social wrong asdefined by John Gillin. He says crime is an act that
has been shown to be actually harmful to society, or that is believed to be
socially harmful by a group of people that has the power to enforce its beliefs,
and that places such act under the ban of positive penalties.

E. Crime as procedural wrong:

Austin says a wrong whichis pursued by the sovereign or his subordinate is a

crime. A wrong which is pursued at the discretion of the injured party and his
representatives is a civil injury. Kenny modified Austin’s definition that crimes
are wrongs, whose sanction is punitive and is in no way remissible by any
private person, but is remissible by the crown alone, if remissible at all.

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 F. Crime as legal wrong:

Crime is human behaviour whichare prohibited by law and defined in Criminal

law. Therefore, when criminal law defines any act of human being as prohibited
conduct then it is to be treated as crime but not all the activities of human being.
Section 40 of the Indian Penal Code defines offence which is not definition
rather explanation of crime.

2.2 Nature of Cyber Crime :

The term ‘Cyber’ is derived from the term ‘Cybernetics’ which means science
of communication and control over machine and man. Cyberspace is the new
horizon which is controlled by machine for information and communication
between human beings across the world. Therefore, crime committed in
cyberspace relating machines or devices or cyber technology related crimes are
to be treated as cyber crimes. Information technology and electronic commerce
are widely used to facilitate crime or to commit crime. In wider sense cyber
crime is a crime on the internet which includes hacking, terrorism, fraud, illegal
gambling, cyber stalking, cyber theft, forgery, flowing of viruses, cyber
pornography.

“It is very essential to emphasise here that the world is not run by weapons
any more, or energy, or money. It is run by ones and zeros — little bits of data
— it is all electrons. There’s a war out there, a world war. It’s not about who
has the most bullets. It is about who controls the information - what we see and
hear, how we work, what we think. It’s all about information”.16 The movie
traced on Information Technology to commit theft in superhighway and
information is the commodity to theft.

Cyber-crimes are computer related as well as computer generated crimes.

This is increasing every moment which is the cause of global tension.
Therefore, law enforcing agencies must have detail knowledge and
understanding about varying nature of cybercrime.

Though there is nothing new in the adoption of new technologies by criminals,

in the era of liberalisation and globalisation we must recognise cybercrime as

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 significantly new phenomena which have political, social and economic
impact worldwide. The global connectivity of internet makes possible for
existing organised criminals to use sophisticated techniques to communicate
between groups and within a group to support and develop networks for drugs
trafficking, illegal arms trafficking, money laundering, smuggling, theft, fraud,
pornography, terrorism and other cybercrimes.

2.3 Characteristics of Cyber Crime :

The Concept of cyber crime is very different from the traditional crime. Also
due to the growth of Internet Technology, this crime has gained serious and
unfettered attention as compared to the traditional crime. So it is necessary to
examine the peculiar characteristics of cyber crime.

1. People with specialized knowledge –

Cyber crimes can only be committed through the technology, thus to commit
this kind of crime one has to be very skilled in internet and computers and
internet to commit such a crime. The people who have committed cyber crime
are well educated and have deep understanding of the usability of internet, and
that’s made work of police machinery very difficult to tackle the perpetrators
of cyber crime.

2. Geographical challenges –
In cyberspace the geographical boundaries reduced to zero. A cyber criminal
in no time sitting in any part of the world commit crime in other corner of
world. For example a hacker sitting in India hack in the system placed in
United States.

3. Virtual World –
The act of cyber crime takes place in the cyber space and the criminal who
is committing this act is physically outside the cyber space. Every activity
of the criminal while committing that crime is done over the virtual world.

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 4. Collection of Evidence –
It is very difficult to collect evidence of cyber crime and prove them in court
of law due to the nature of cyber crime. The criminal in cyber crime invoke
jurisdiction of several countries while committing the cyber crime and at the
same time he is sitting some place safe where he is not traceable.

5. Magnitude of crime unimaginable-

The cyber crime has the potential of causing injury and loss of life to an
extent which cannot be imagined. The offences like cyber terrorism, cyber
pornography etc has wide reach and it can destroy the websites, steal data of
the companies in no time.

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 Ch-3 Classification of Cyber Crime

3.1 Introduction

Classification of cyber crime is very complex task because it is new

spectacle of crime with ever increasing and ever growing phenomenon.
There are several ways of classification of cyber crime. One way is to
classify into main 3 categories

(1) computer as the target or victim.

(2) Computer is incidental to other crime.

(3) Crimes associated with the prevalence of computers which are also to
be called as computer crimes.

For example in hacking, cyber theft, cyber blackmailing etc. computer is

the target. Sometimes computer is not the essential factor for crime
commission but it is a factor to facilitate crime to be speedy and new
procedures with quick communications. Here computer is incidental to
other crimes e.g., cyber pornography, harassment, unlawful banking
transactions and others. Another category is crimes associated with the
prevalence of computers e.g. software piracy, counterfeiting etc.

The acts wherein computer or technology is tool for an unlawful act.

The kind of activities usually involves a modification of conventional crime
by using informational technology. Here is the list of prevalent cybercrimes,
some of them widely spread and some are not prevalent on larger scale. The
cybercrimes are discussed below-

3.2.1 Unauthorised Access:

Unauthorized access is when someone gains access to a website,
program, server, service, or other system using someone else's account or
other methods. For example, if someone kept guessing
a password or username for an account that was not theirs until they gained
access it is considered unauthorized access.

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 Unauthorized access could
also occur if a user
attempts to access an area
of a system they should not
be accessing. When
attempting to access that
area, they would be denied
access and possibly see an
unauthorized access
message.

Unauthorized access could also occur if a user attempts to access an area

of a system they should not be accessing. When attempting to access that
area, they would be denied access and possibly see an unauthorized access
message.

Some system administrators set up alerts to let them know when there is an
unauthorized access attempt, so that they may investigate the reason. These
alerts can help stop hackers from gaining access to a secure or confidential
system. Many secure systems may also lock an account that has had too
many failed login attempts.

3.3 Cyber Fraud:

Fraud committed through computer, computer system, computer network
or internet related communications are to be treated as cyber fraud. Any
unauthorised access to commit fraud is to be treated as double crime in cyber
space one is unauthorised access which is similar to criminal trespass.

Illegal use or access of computer to cause wrongful loss to others property

intentionally or knowingly by any input, alteration, deletion, or
suppression of computer database, computer system, computer

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 programme, software etc. are also to be treated as computer related fraud.
There are no watertight compartments between several cyber crimes
rather these are very much related to each other. One is sometimes the
step or preparation for other and both are crime. For example
unauthorised access is a crime which is means to commit cracking or
cyber terrorism or other cyber crimes.

3.4 Cracking:
Crackers are malicious hackers who usually ‘crack’ down network
security. They secretly enter into security system to cause intentional
damage. Hackers are most of the times intellectual programmers who have
special study and knowledge about computer system and they use their
skills to cause trouble, steal credit card numbers, flow viruses etc. of those
hackers who are involved in illegal programming act to break into others
computer system, and net work security they are crackers. So, we can say
when hackers cause grievous or dangerous harm to computer and
computer system or network security and security system, and break
systems, they are called crackers. They not only commit criminal trespass
such as unauthorised access but also commit other crimes.
3.5 Cyber Stalking:
Stalking in general means behaviour of harassing or threatening the other
person. Cyber Stalking is an extension of physical form of stalking, which
is committed over the online medium with the use of information
Technology. In cyber stalking the internet, e-mail, chat rooms etc. are used
to stalk another person.
cyber stalking, where the Internet or other electronic means to stalk or
harass an individual, a group of individuals, or an organization. It include
the making of false accusations or statements of fact (as in defamation),
monitoring, making threats, identity theft, damage to data or equipment,
the solicitation of minors for sex, or gathering information that may be
used to harass.

There are three ways in which cyber stalking is conducted i.e.

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 1. stalking by E-mail –
where the offender directly sends e-mail to thevictim to threaten her or to
harass her. It is the most common form of stalking in the modern world.
The most common is sending hate, obscene, pornographic material and
threatening mail to the victim.
2. Stalking through Internet –
This is global form of cyber stalking. In this the offender doesn’t invade
the private space of the victim but harasses her through the global medium
publically. The offender through the internet medium post the phone
numbers and email address of the victim on porn sites and put morphed
photos of the victim on cyber space and threaten them. This is the serious
nature of cyber stalking where the stalker chases all the activity of victim
on the net and posted false information about her on the websites.

3. Stalking through Computer –

In this form the offender is technocrat and he can take control of the
computer of the victim as soon as the computer starts operating. In this the
stalker gets control of the victims computer address and gets control over
it. This form of cyber stalking requires high degree of computer knowledge
to get access to the targets computer and the option available to the victim
is to disconnect the computer and abandon the current internet address.

3.6Hacking:

Hacking is identifying weakness in computer systems or networks to

exploit its weaknesses to gain access. Example of Hacking: Using
password cracking algorithm to gain access to a system

Computers have become mandatory to run a successful businesses. It is

not enough to have isolated computers systems; they need to be networked
to facilitate communication with external businesses. This exposes them to
the outside world and hacking. Hacking means using computers to commit
fraudulent acts such as fraud, privacy invasion, stealing corporate/personal
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 data, etc. Cyber crimes cost many organizations millions of dollars every
year. Businesses need to protect themselves against such attacks.

Types OF Hacking:

1. White Hat:

White Hats are hackers who work to keep data safe from other hackers
by finding system vulnerabilities that can be mitigated. White hats are
usually employed by the target system's owner and are typically paid
(sometimes quite well) for their work. Their work is not illegal because
it is done with the system owner's consent.

2. Black Hat :

Black-hat hackers, or simply “black hats,” are the type of hacker the
popular media seems to focus on. Black-hat hackers violate computer
security for personal gain (such as stealing credit card numbers or
harvesting personal data for sale to identity thieves) or for pure
maliciousness

Black hats fit the widely-held stereotype that hackers are criminals
performing illegal activities for personal gain and attacking others.
They’re the computer criminals.

3. Grey Hat :

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 Grey hats include those who hack for fun or to troll. They may both fix
and exploit vulnerabilities, but usually not for financial gain. Even if
not malicious, their work can still be illegal, if done without the target
system owner's consent, and grey hats are usually associated with black
hat hackers.

3.7 Cyber Theft :

Most miserable fact is that victims of identity theft even most of the times
do not realise that their identity has been stolen by someone else.
Sometimes at the time of further financing e.g., for home, for vehicle etc.
they realise from lender that they do not have sufficient credit limit and
therefore, they became ineligible for loan for home, vehicle or otherwise.
After due enquiry and investigation on credit report those poor fellows
may come to know that there is a credit card opened on his name using his
identity for which he never applied. Not only that there is a large credit
Bill with unknown addresses of creditors. Thereafter, another story will be
waiting for them which may be so long that they will get tired; that is,
after identifying culprit the proceedings may take months after months or
even years after years to end their credit chapter.

Identity theft may be committed due to careless sharing of personal

information and Identities to intentional and dishonest stealing of digital
information from home or public places. Sometimes we carelessly handle
credit card and other confidential documents in public place and give
information to others about card number, security number, password etc.
over phone which may be heard by potential criminals at the time of
conversation and they may try to access those documents and commit
identity theft. Not only in public places, even at home or private places
while we are using our computer or other devices and documents we must
do it very carefully so that others must not access it.

3.8 Cyber Pornography :

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 The word ‘Pornography’ derived from Greek words ‘Porne’ and ‘Graphein’
means writing about prostitutes, or referred to any work of art or literature
dealing with sex and sexual themes. Defining the term pornography is very
difficult and it does not have any specific definition in the eyes of law as
every country has their own customs and tradition. The act of pornography
in some countries is legal but in some it is illegal and punishable.

Cyber pornography is in simple words defined as the act of using

cyberspace to create, display, distribute, import, or publish pornography or
obscene materials. With the advent of cyberspace, traditional pornographic
content has now been largely replaced by online/digital pornographic
content.15 Pornography has no legal or consistent definition. The
definition of pornography depends how the society, norms and their values
are reacting to the pornographic content.

3.9 Cyber Terrorism :

Cyber-terrorism is a kind of cyber threat using new technology or making

it target by terrorists. It is national as well as international challenge.
Warfare is one way of cyber Terrorism by which one nation attacks other
nations through information way.That may be called as Net-War.

The terrorism phenomenon is very complex issue in the current generation.

The attacks of terrorist on the mankind have increased rapidly in last decade.
Everyone from normal people to the statehood of the country has suffered
due to the violent act of terrorism. The threat of terrorism has become a
challenge for the world after post-cold war. The state agencies are not
adequate enough to tackle or control the terrorist attack on human kind;
numbers of people were killed by the inhuman act of the terrorists
worldwide. Several counter measures are adopted by the national and
international front but they were failed to control the terrorist attack.
However, most of these are designed in a conventional pattern, which might
be successful in a usual terror attacks. But at present, we live in digital age

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 and computers and internet are also playing their part and becomes a useful
tool in the hands of terrorist.

Ch – 4Prevention Of Cyber Crime

4.1 Introduction

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 Crime in computer generated superhighway is the new phenomenon in
contemporary scenario. There is no business without E-Business and E-
Commerce in our dynamic society. In our daily life we cannot think of any
intellectual as well as other necessary work without Information Technology.
But this new multimedia Technology is being misused and abused by deviants
or criminals. Therefore, we cannot think of crime or criminals apart from
cyber crimes or cyber criminals. Cyber crimes cause more harm to society
than traditional crimes.Hacking attack on Bhaba Atomic Energy Centre,
AIMS, World Trade Centre etc. are examples of cyber hacking causing more
harm to human Life than traditional crimes. Whether hacking, spamming,
cyber theft, cyber fraud, cyber-terrorism, unauthorised access to computer and
computer system etc. are to be recognised as more grievous than any ordinary
crimes is a burning question world-wide. Therefore, to secure our daily life,
business and every intellectual conduct we have to think of prevention and
control of cyber crimes and specially of most dangerous one that is cyber
hacking. It is very complex phenomenon because cyber world does not have
any specific territory or jurisdiction as such.

4.2 Legislative Approach :

4.2.1 Civil Liability:
The Information Technology Act,2000section 43 deals with penalty for
damage to computer, computer system and computer net work without
the authority from owner, in-charge or other authorised person and even
abetment for the same. It defines the term “damage” as destroy, alter,
delete, add ,modify, rearrange any computer resource by any means.
This section includes unauthorized access to resources, downloading and
flowing viruses, damage, disruption, denial of services, tampering or
manipulating etc. andabetment of these.Section 43 prescribes Rs.lCrore
as liability to pay to victim as compensation. It is not only the criminal
remedy but also civil remedy which are available to victim and are to be
adjudicated by the Cyber Appellate Tribunal.
4.2.2 Criminal liability:

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 In contemporary progressive anddynamic social phenomenon, every
law is in development so we hope it is also true for the Information
Technology Law.: Whoever enters into or upon property in the
possession of another with intent to commit an offence or to intimidate,
insult or annoy any person in possession of such property, or, having
lawfully entered into or upon such property, unlawfully remains there
with intent thereby to intimidate, insult or to annoy any such person, or
with intent to commit an offence, is said to commit ‘criminal trespass’.

Even when any one copies the information without the permission of
owner it is violation of copyright and loss to owner. But value or utility
is something more than that. It is so sacrosanct, basic, inherent that it is
imbedded within information and no one can destroy it. The words “by
any means” has wide connotation . It includes every possible means of
hacking , as existed as well as which will be developed by hackers in
future. In this way the Act includes use of other information technologies
apart from computer.

4.2.3 Powers of the Police:

Confiscation of computersystem and related devices for violation of this
Act is allowed under section 76.A police officer not below the rank of
deputy superintendent of police shall investigate any offence under this
Act as provides in section 78. Chapter XIII, section 80 empowered
Police Officer and other Officer to enter , search into any public place
and search and arrest without warrant any person found reasonable
suspected or guilty of commission of the crime or of committing or
attempted to commit any offence under this Act.
4.3 Socio-Legal Impact on cyber crime:
Cyber hacking do not mean no loss to human life because hackers are
human being and they are causing injury to human society. Especially
Bhabha Atomic Research Centre servers, traffic control servers, etc.
were hacked; which are direct examples of injury to human life.
4.3.1 Banks are Victims:
Employee of Bank of India tappedorganisations computer network on
November 2003 80 the alleged accused after tapping the computer

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 network gathered data on all keys, Passwords, monitoring system and
other information’s. He was arrested by police; though was released on
bail thereafter.
4.3.2 ATM Hacking :
The Complaint was filed by one privatefirm that the money had been
withdrawn on 30th July by using a password which was hacked by
accused.81 In Tuesday, 10th August, 2004 the New Delhi Police
arrested 27 years old hacker Mr. Rajesh Malhotra . He was charged for
hacking on ATM machine in MayurVihar and for withdrawing Rs.3
Lakhs. Police was also seized from the accused same amount. But he
was released on bail thereafter.
4.3.3 Hackers “ Phishing:
World wide hackers arepursuing the method of ‘ Phising’ to drive
spam, Junk mail, advertisements, offers etc. Bangalore Police detected
only between July and December 2004 about 10 phising attack by
hackers. Hackers most of the times preferred to use financial service
sites, healthcare sites, online etc. to make netizens vulnerable.
Symantic blocking was over 33 million a week between July to
December 2004. Though, in the beginning it was a million a week.
Hackers are using spam in contemporary scenario to steal confidential
Information such as identities, passwords, accounts etc.
4.3.4 Hacking in Baroda, Gujarat:

On 9th June 2005,Hackers attacked one website and claimed $ 10,000

for restoration of website.84 Indian Police even become vulnerable.
They find no clue to control the incident. Domain name was the issue.
The “website” which might had been kept unlocked with registrar was
fraudulently transferred and controlled by hackers. Therefore, it is very
vital to see the standard of security system of the domain which any
one is going to buy from any company or institutions.
4.3.5 Hacking Between India and Pakistan:
Hacking tooknew shape between India Pakistan i.e. netwar by way of
defacement and control of websites of each other. In the year 2005 , all
most 114 Pakistani sites have been hacked by Indian hackers and about
766 Indian sites Were hacker by Pakistani hackers. In the year 2004 all
most 288 Indian sites were hacked by Pakistan based hackers.85
According to Mr.AnubhabKalia, “ for every Pakistani site defaced by
Indian hackers, the Pakistanis hack into 10 Indian sites. There is a

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 constant game of gunmanship happening online”.86 One analyst of
Pakistani system said 87 “a good number of websites have been set up
by Indians in a web of deceit, with the main aim being to lay the blame
on Kashmiris and Muslims”.
4.3.6 Mobile phone Hacking:
In the year 2006 most of thehackers has started to misuse of mobile
phone hacking software and cyber spying through contemporary
communication convergence technology and Mobile commerce. No
doubt, world is moving very fast and complexities are also. To fill in
gaps, government law enforcing agencies and non-government
organisations are very keen to develop new measures. As ethical
hackers i.e. AnkitFadia, Dr.Neruker, Neeraj etc. are employed by
government and are evolving new software to prevent and control
cyber hacking but at the same times malicious hackers are accessing
those software through World Wide Web and playing their role to
commit crimes with new dimensions.

Ch-5 IMPACT OF CYBER CRIMES

Computer crime can affect the personal records of the individual. It can
be an impediment in the financial resources fit of bank, causing

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 confusion and potentially, affecting customer accounts. It can result in
confidential information being compromised affecting the price of the
victim’s publicly traded shares. It can be an attack on a corporation’s
marketing information causing misinformation to be communicated to
the sales force. The cyber man every person can break into a system,
steal sensitive information, cover his or her tracks and leave to return
another day. If the intruder is skilful and safeguards are not in place,
one will never know that the theft has occurred. Theft of computer data
does not leave a void where the stolen item once resided.

5.1 Technology Trends

The risks associated with current and anticipated
vulnerabilities of threats to, and attacks against the IT infrastructure
provide the rationale for this strategy. Fast-shifting trends in both
technologies and threats make it likely that the security issues of the
IT infrastructure will intensify in the coming years.

The Internet has the potential to impact human life in a way

that surpasses other inventions of the 20th century. It is expected to
outdo the other inventions both in terms of magnitude of impact and
the speed with which the transformation takes place. A combination
of repeated declines in the price of computing power and the
increase in the value of a network with the increase in the number
of users has ensured that cost of access continuously declines and
the rate of Internet penetration continuously increases.

5.2 EFFECTS OF HACKING ON SOCIETY

Hacking effects can be categorised into three types; effects on

individuals, organizations, economy and effects on countries. The
most important issue to recognise is that victims are the only ones
who feel the threat and effects of hacking attacks, and our duty is to
inform other people about the danger of hacking to be cautious and
alert which helps in preventing hacking attacks from happening.
The effects are as following:

5.2.1 Effects on individuals:

There are cases where individual information is sold and used for
bad purposes like usurping their accounts. The focuses on the
psychology of individuals after being hacked and that they will
always have the fear of being monitored when accessing internet
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 and information, added to that the privacy of users can be easily
penetrated. Credit card details and passwords can be stolen causing
financial damage to individuals added to that computer systems can
be hacked causing the machine to stop working as usual or stealing
your data.
5.2.2 Effects on organisations and economy:
Hacking is said to have cost the global economy at an estimated
$1.2 Billion. Hacking has caused bankruptcy and financial crisis to
plenty of companies, leading to the loss of customer confidence,
liquidity problem in the security capabilities of the company. It is
believed that companies are a main target for hackers who break
into their systems to steal trade information or customer’s payment
details. The company server will be broken due to huge traffic
causing customer frustration and immensely hurt the company
reputation. Software theft that causes bankruptcy to companies
which spend millions to develop and create software. The main
problem is that some companies hire or use hackers to break into
other competitor systems to steal precious information. In respect
of the effect of hacking on E-commerce by means of web sites for
online selling are being hacked for the sake of getting customer and
company information which are then used for despicable purposes.
5.2.3 Effects on countries:

Since we are living in information society where all our daily

activities are controlled by technology, there will be irrepairable
damage if a vital system was broken by hacking attacks. Breaking
main system might result in collapse and disaster for countries. The
cyber attacks on computer systems aim to steal vital information of
the countries decisions regarding foreign policies and strategies,
this result in causing countries to reconsider their policies that were
taken after long analysis. It might also cause disturbance due to the
attack of precious and top secret information. This approach caused
a lot of controversy and opened the door for other countries to hack
different systems and retrieve any source of data using the excuse
of tracking criminals which might lead to destroying the principle
of information owning and security and then turn the world into a
chaos and open the door to a new cold war.

5.3 Results of Hacking

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 At the risk of stating the obvious, hacking—computer crime—
which will culminate in massive financial losses for companies,
governments, and individuals alike. The costs associated with
computer crime can manifest themselves in various ways, which
may range from the obscure to a clear hit to the bottom line.

Digital assets where costs from hackers can manifest themselves

fall into four major categories: resources, information, time, and
reputation.

1. Resources: Resources are computer-related services that

perform actions or tasks on the user’s behalf.

2. Information: Information can represent an enormous cost if

destroyed or altered without authorization. Data can be
affected in several ways that will have voluminous cost
related to the type of effect: loss, disclosure, and integrity.

a. Loss: The loss of data is relatively easy to measure

when compared to disclosure and integrity.
Information takes time to collect or produce, requires
resources to be managed, and will certainly (to some
degree) have value.

b. Disclosure: Nearly every entity that uses information

has the potential to be negatively affected by its
uncontrolled disclosure. Although the impact of an
unauthorized disclosure is one of the most difficult to
measure, such a breach is noteworthy because it
represents the traditional fear of hacking: proprietary
information theft.

c. Integrity: The ensuring information is accurate and

complete is necessary for any organization. If data
were to be manipulated it could become a loss to the
owner.

3. Time: The loss of time can be related to costs in the form of

payroll, not meeting critical deadlines, or an unavailable E-
commerce site that would normally produce thousands of
dollars in revenue if it were available.

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 4. Brand and Reputation: There are many companies who
have veryrecognizable and reputed brands, so much so that
the color alone will promote images of the company.

Effects that hacking has caused to the society cannot be

sidelined. Hacking nowadays is taking new phases and the
danger is increasing because we are now living in a society
that runs by Information and Communication Technology
(I.C.T.), and any attack on this field especially in advanced
countries will cause vital consequences.

BIBLIOGRAPHY:

 https://searchsecurity.techtarget.com/definition/cybercrime
 http://www.lawyersclubindia.com/articles/Classification-Of-CyberCrimes--
1484.asp

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  https://thefinancialexpress.com.bd/views/cyber-crime-affects-society-in-
different-ways
 https://www.japss.org/upload/11._Dashora[1].pdf

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