Cyber crime and laws in India

Cyber crime and laws in India

Subject: Science and Technology

Context: Government upgrades IT equipment and infrastructure to check cyber threats

Details:

The move comes in the wake of a large number of cyber security incidents being reported by the Indian Computer Emergency Response Team (CERT-In).

Concept:

Cyber crime

• It is unlawful acts wherein the computer is either a tool or a target or both.
• Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code.
• Cyber crimes:
  • Computer as a Target :-using a computer to attack other computers–e.g. Hacking,Virus/Worm attacks,DOS attack etc.
  • Computer as a weapon :-using a computer to commit real world crimes–e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.

Cyber crime control regime in India

• Information Technology Act 2000 (IT Act 2000) is the main law connected with cyber security in India.
  • Section 65 – Tampering with computer Source Document
  • Section 66 – Using password of another person
  • Section 66D – Cheating Using computer resource
  • Section 66E – Publishing private Images of Others
  • Section 66F – Acts of cyber Terrorism
  • Section 67 – Publishing Child Porn or predating children online
  • Section 69 – Govt.’s Power to block websites
  • Section 43A – Data protection at Corporate level
• A cybercrime complaint can be filed using the National Crime Reporting Portal of India-This portal is an initiative of the Government of India to facilitate victims/ complainants to report cybercrime complaints online.
• Indian Computer Emergency Response Team (CERT-IN or ICERT)
  • The Indian Computer Emergency Response Team (CERT-IN or ICERT) is an office within the Ministry of Electronics and Information Technology of the Government of India.
  • CERT-In is the national nodal agency for responding to computer security incidents as and when they occur.
  • CERT-In has been operational since January 2004.
  • CERT-In has been designated to serve as the national agency to perform the following functions in the area of cyber security:
    • Collection, analysis and dissemination of information on cyber incidents.
    • Forecast and alerts of cyber security incidents.
    • Emergency measures for handling cyber security incidents.
    • Coordination of cyber incident response activities.
    • Issue guidelines, advisories, vulnerability notes and whitepapers relating to information security practices, procedures, prevention, response and reporting of cyber incidents.
    • Such other functions relating to cyber security may be prescribed.
  • CERT-IN has overlapping responsibilities with other agencies such as National Critical Information Infrastructure Protection Centre (NCIIPC).
• Indian Penal Code, 1860 is also used to book criminals connected with cybercrimes.
• India also has a cyber security policy.