Information technology has become the axis of today’s global and technology developments. With the advancement of the internet, crimes using this tool too have widened. Cyber crimes pose a great threat to individuals, especially women, who form 90 percent of the victims. Every second, one woman in India gets tricked to be a victim of cyber crimes and the online platform is now the new platform where a woman’s dignity, privacy and security is increasingly being challenged every moment.Cyber crimes incept generally through fake ids created on Facebook, Twitter and other social media platforms causing grave harm to women, as through these platforms, major blackmailing, threatening, bullying, or cheating via messenger messages and email are done by perpetrators.
Cybercrime 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 both or more of them.The NCRB Crime in India Report 2015 in its Chapter-18: on Cyber Crimes states that 11,592 cyber crime cases were registered in 2015 (under IT Act, related sections of IPC, and offences under Special and Local Laws) and there was a 20.5%increase from 2014. Further 8,121 persons were arrested during 2015 which indicates increase by 41.2% in arrests from 2014. The Report indicates the motives of the crimes to be: 33.3% for greed/financial gain, 9.6% for fraud/illegal gain, 5.2% for insult to modesty of women (that 606 cases),5.1% for sexual exploitation (that is 588 cases), 3.3% for causing disrepute(that is 387 cases).
My article is on the most blatant cybercrime that the women are facing in India and challenges in Investigative process.Few of them have been discussed below:
1) Cyber stalking
Stalking means to “pursue stealthily” and cyber stalking is a behavior in which an individual, group of individuals or organization uses information and communications technology to harass one or more individuals. Cyber stalking is online threat and there is no direct relationship between the victim and cyber stalker .It is believed that Over 75% of the victims are female. The motives behind are sexual harassment, for obsession for love, for revenge and hate and for ego and power trips.This is necessary to increase punishment to deter the crime.U/S 354 D IPC stalking is a criminal offence punishable with imprisonment upto 3 years and fine
In the Vinupriya case, the victim was a 21-year-old student from Salem who had finished her BSc in chemistry. A person had posted morphed nude and semi-nude photographs of Vinupriya on Facebook. On June 26, another obscene photograph was posted on Facebook, leaving Vinupriya traumatised. The investigating officer assumed that she must have sent those pictures to someone and now they were being posted, perhaps by a jilted lover. The questioning of Vinupriya was along those lines. It humiliated her and on June 27, she hanged herself.
2) Cyber Pornography
This would include pornographic websites; pornographic magazines produced using computers Cyber Pornography is considered an exceptional case which has been covered by the IT Act 2000 to ascertain extent by Section 67 of the IT Act 2000.The punishment is upto five years and fine. Along with IT Act the perpetrator can be punished under various Sections of IPC ,Section 290 for committing public nuisance, section 292 for sale of obscene books etc, and section 292A for printing or publishing grossly indecent or scurrilous matter or matter intended to blackmail, section 293 for sale etc of obscene objects to young persons and then section 294 for doing or composing, writing etc of obscene songs and finally under section 509 for outraging the modesty of women.
3) Cyber bullying
Cyber bullying is intimidation, threat or harassment using an electronic form of contact by the use of computers, mobiles and the internet. It is punishable under Section 506 of the IPC. It provides for imprisonment for a term which may extend to two years, a fine or both. If the threat is to cause death or grievous hurt, it can lead to imprisonment for a term which may extend to seven years.In an Ipsos survey in 2014, India topped the list of 254 countries for cyber bullying.Blue whale challenge and other viral challenges such as cinnamon are the most brutal form of bullying.
4) Cyber sexual defamation
Defamation is another common crime against women in the net. This occurs when defamation takes place with the help of computers and the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory matters to others. With the invention of the internet the life of a common man has changed a lot. U/S/499 IPC imprisonment upto 2 years and fine is imposed in case of defamation.
5)Harassment via email
Harassment includes blackmailing, threatening, bullying, and even cheating via email. Email spoofing is a tactic used in phishing and spam campaigns because people are more likely to open an email when they think it has been sent by a legitimate source. U/S 67 A punishment upto 5 years is imposed for harassment via e mail.
6) Trolling
Trolls spreads conflict on the Internet, criminal starts quarreling or upsetting victim by posting inflammatory or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the intention to provoke victims into an emotional, upsetting response). Trolls are professional abusers who, by creating and using fake ids on social media, create a cold war atmosphere in the cyber space and are not even easy to trace.
WHERE TO LODGE A COMPLAINT
A person aggrieved of the offence of offence of cyber defamation can make a complaint to the Cyber Crime Investigation Cell. The Cyber Crime Investigation Cell is a branch of the Criminal Investigation Department(CID). Cyber Crime Investigation Cells have opened up in many cities like Delhi, Mumbai, Chandigarh, Hyderabad, Bangalore, Tamil-Nadu, Gurgaon, Pune, Madhya-Pradesh, Lucknow, etc. The Cyber Crime investigation Cells deal with offences related to the computer, computer network, compute resource, computer systems, computer devices and Internet. It also has power to look into other high-tech crimes. In addition, provisions have now been made for filing of ‘E-FIR’ in most of the states.
KEY POINTS ON HOW TO PROTECT YOURSELF
1) Passwords Should Not Be Given To Others
2) Personal Information Should Not Be Disclosed.
3) Avoid Meeting Online People Alone.
4) Web Cam Should Be Used With Care.
5) Agreement Terms Should Be Read.
6) Avoid Free Downloading Sites as their files may contain Trojans.
Measures by Govt. of India
On 23.07.2014, National Commission for Women has submitted a report on “Ways and Means to Safeguard Women from Cyber Crimes in India” which inter-alia recommended for stringent law, Policy to discourage hacking activities, dedicated helpline numbers, opening of more cyber cells, and imparting of proper legal, setting up forensic labs and technical training law enforcement agencies like police& judiciary etc. to combat cybercrime.
The Information Technology Act, 2000 together with Indian Penal Code have adequate provisions to deal withprevailing Cyber Crimes. It provides punishment in the form of imprisonment ranging from two years to lifeimprisonment and fine / penalty depending onthe type of Cyber Crime. However, Government has taken a number of legal, technical and administrative measures to prevent incidents of cybercrimes. These inter alia, include:
- Cyber Police Stations and Cyber Crime Cells have been set up in each State for reporting and investigation of Cyber Crime cases.
- Ministry of Electronics & Information Technology(MeitY) has setup Cyber Forensics Training Labs in north-eastern States and cities such as Mumbai, Pune, Kolkata and Bangalore to train State police officials and judiciary in cybercrime detection and collection, preservation and seizing of electronic evidence and dealing with cybercrime.
- Various steps have been taken by Ministry of Home Affairs, Meity and State Government to modernise the setup and equip police personnel with knowledge and skills for prevention and control of cybercrime through various national and State Police academies/judicial academies and other institutes.
- Ministry of Electronics & Information Technology has issued an advisory on functioning of Matrimonial website on 6thJune, 2016 under Information Technology Act, 2000 and Rules made thereunder directing the matrimonial websites to adopt safeguards to ensure that people using these websites are not deceived through the means of fake profiles or misuse/wrong information posted on the website.
- The Government has circulated Computer Security Policy and Guidelines to all the Ministries/Departments on taking steps to prevent, detect and mitigate cyber attacks.
- A portal namely www.cybercrime.gov.in has been developed by Ministry of Home Affairs to allow public to report cybercrime complaints.
