Information Technology & Cyber Crime Lawyers
Cybercrime, such as phishing, identity theft, and fraud, has increased dramatically in recent years. India had a 16 percent increase in the number of cyberattacks in the previous year alone. Cybercrime is anticipated to become more prevalent in the future. This emphasizes the need for more effective and deterrent legal structures, as well as stricter legislation, to combat cybercrime. In this scenario, it becomes intriguing, if not vital, to examine the country’s existing cybersecurity legislation to see if they provide adequate protection against these crimes. So, let’s take a closer look at India’s current cybersecurity regulations and what changes and improvements we might anticipate in the future. The top information technology and cybercrime lawyers in Gurgaon – NCR have put together a few resources in the form if this article to help you understand the existing legal structure concerning IT and cyber laws in India.
Cybercrime is currently dominating major media headlines around the world, wreaking havoc on businesses and individuals. Data breaches, identity theft, money theft, and internet time theft are among the most common types of cyber theft. Hackers are always boosting their game and discovering new ways to break into new systems, despite the fact that cybersecurity is improving every day. This emphasizes the importance of not only better cybersecurity technology but also strong cyber legislation. Furthermore, policymakers must be aware of any cybersecurity flaws and rectify them in real-time in order to reduce cybercrime and fraudsters’ efforts. Consistent efforts and persistent vigilance are required to control the rising hazards across the country along with seasoned and proficient IT & Cybercrime lawyers in Gurgaon – NCR to guide you if and when you encounter a cybercrime.
Need for Information Technology & Cybercrime Laws In India:
Cyber security is a problem for every government in the world, including our own. India, in particular, is dealing with an increasing number of cyber security challenges, and it is vital that it accepts responsibility. Cyberlaw is significant because it encompasses nearly all elements of transactions and activities on and with the Internet, the World Wide Web, and Cyberspace. At first blush, the Cyber laws may appear to be a highly technical stream with little relevance to normal Cyberspace operations. The fact, on the other hand, is that nothing could be further from the truth. Cyberspace has a certain legal implication, whether we recognize it or not.
Cyber-attacks cost the government roughly Rs. 1.25 lakh crore every year, according to a recent Economic Times research on global cybercrime. According to the National Crime Records Bureau (NCRB), throughout 2007, 2008, 2009, and 2010, a total of 217, 288, 420, and 966 cybercrime crimes were reported under the Information Technology Act, 2000. In addition, 328, 176, 276 and 356 charges were filed under the Indian Penal Code (IPC) in 2007, 2008, 2009, and 2010, respectively. Between 2007 and 2010, 154, 178, 288, 799 people were arrested under the Information Technology Act of 2000. Between 2007 and 2010, 429, 195, 263 and 294 people were arrested under sections of the Indian Penal Code (IPC) dealing with cybercrime.
According to another study by Kaspersky, the number of cyberattacks in India jumped from 1.3 million to 3.3 million in the first quarter of 2020. In July 2020, India had the most number of attacks, at 4.5 million. MasterCard was recently sanctioned by the Reserve Bank of India (RBI) for failing to comply with a directive on the storage of payment system data.
The internet’s dangers are practically endless, and the most efficient way to combat them is to adopt a cyber security policy. The government needs to commit significant resources to the protection of critical data assets. A cyber forensic training lab has been established at the Central Bureau of Investigation’s (CBI) Training Academy to provide basic and advanced training in cyber forensics and cybercrime investigation to CBI Police Officers. In addition, cyber forensic training and investigation labs have been established in Kerala, Assam, Mizoram, Nagaland, Arunachal Pradesh, Tripura, Meghalaya, Manipur, and Jammu and Kashmir by the government.
Cyber Forensic Labs have been established in Mumbai, Bengaluru, Pune, and Kolkata in conjunction with the Data Security Council of India (DSCI) and NASSCOM. A total of 3680 police officers, judges, and public prosecutors have been trained as a result of the DSCI’s 112 training programs on cybercrime investigation and awareness.
The Indian Computer Emergency Response Team (CERT-In) produces alerts, advisories, and guidance on cyber security threats and the steps that should be done to prevent cyber incidents and improve the security of IT systems.
Do Cyber Crimes Concern You?
Affirmative. You should be concerned about Cyberlaw. As the nature of the Internet evolves and this new medium is viewed as the ultimate media ever evolved in human history, any action you take in Cyberspace can and will be viewed through the lens of Cyberlaw. There are various Cyberlaw issues involved at every point in time, from the time you register your Domain Name to the time you set up your website, to the time you promote your website, to the time you send and receive emails, to the time you promote your website, send and receive emails, and undertake electronic commerce transactions on the site. You may not be concerned about these issues today because you believe they are far away from you and have no bearing on your online habits. However, you will have to tighten your belts and pay attention to Cyberlaw sooner or later for your own good.
Types Of Crybercimes In India:
The most prevalent and well-known sort of cybercrime, which we may have heard about since we were children. Hacking is the most common cybercrime in practically every corner of the world where the Human Race is quickly adopting technology. It is the unauthorized entry and usage of a victim’s computer by a Hacker in order to steal all sensitive information such as data and photos from the target device by a Hacker who is knowledgeable in Cyber Programming. The hacker utilizes the information he gained through unauthorized access to extort or discredit the victim. If you have been hacked, contact the top information technology and cybercrime lawyers The Law Codes, Gurgaon – NCR to help you with your legal needs.
- Matrimonial Frauds:
Matrimonial Frauds are the most common and recent online crime these days. The magnificent and massive success of dating and matrimonial services in India is due to the fact that today’s youthful population believes in immediate and rapid outcomes for arranged weddings. When the proposal is accepted and a reasonable trust is established between both of them, the fraudsters demand money by fabricating false stories and ask the victim to transfer the money online into their account, at which point the spouse becomes the prey of the criminals. If you have been a victim of matrimonial fraud, contact Gurgaon – NCR’s leading cyber crime lawyers, The Law Codes, for assistance.
- Salami Attacks:
The salami attack is a newly identified cyber-attack in India that is currently at its peak. Consider the following scenario: A bank employee installs software on the bank’s server that deducts a little amount of Rs. 5/- from each customer’s account and credits it to the employee’s account. Such a modest amount will go unnoticed by any customer, but when seen or studied from the perspective of thousands of customers as a whole, the number can easily reach crores. If you’ve been on the receiving end of a salami attack, top IT lawyers at The Law Codes in Gurgaon – NCR will assist you with your legal issues.
- Cyber Stalking:
It is the most common cybercrime these days. It simply entails following someone, generally a woman, and threatening or emailing them repeatedly, even after they have objected. Cyber stalking is illegal under Sections 66-A and 67 of the Information and Technology Act of 2000, as well as Section 354-D of the Indian Penal Code of 1860. Have you encountered cyber stalking? If yes, then contact Gurgaon – NCR’s leading information technology and cybercrime lawyers, The Law Codes, for help.
- Cyber Defamation:
Publication or posting any material on social media or other online platforms against a respected citizen of the country that lowers his integrity and image in the eyes of others, without any evidence and with a malafide intent, is a crime in India, punishable under Sections 499 and 500 of the Indian Penal Code, 1860, as well as the I.T. Act, 2000. Did you find yourself at the receiving end of a malefic statement? The Law Codes, Gurgaon – NCR’s leading information technology and cybercrime lawyers, can assist you to get justice.
- Banking Fraud:
Banking fraud is at an all-time high these days, especially with the country under lockdown because of Covid-19. The fraudsters pose as bank representatives and extort vital and sensitive information such as CVV numbers, OTPs, and other personal information from unsuspecting clients by tricking them and fabricating fake stories, culminating in credit cards and banking fraud. Some fraudsters even install skimmer devices in ATM machines, which clone the consumers’ credit or debit cards, resulting in financial losses. Was your hard-earned money under attack by fraudsters? Gurgaon – NCR’s leading IT and cybercrime lawyers, The Law Codes, can help you seek justice with its team of best information technology and cybercrime lawyers in Gurgaon – NCR.
- Cyber Terrorism:
It is the most serious and dangerous sort of cybercrime in India. Tools are used to disrupt National Infrastructure and Defense by shutting down energy, transportation, and communication infrastructure. Simply put, criminals are hacking government websites and misusing them to harm the nation’s defense and infrastructure. For example, online threats to various government officials or ministers, bomb threats, and so on.
Information Technology & Cybercrime Laws In India:
When it comes to cybersecurity, there are four main laws to consider. Cyber regulations are especially important in nations like India, where the internet is widely utilized. Cyber laws are in place to regulate the digital exchange of information, software, information security, e-commerce, and monetary transactions. India’s Cyber Laws have paved the way for electronic commerce and electronic government in the country, as well as increased the scope and use of digital media, by ensuring optimum connection and minimizing cybersecurity risks.
Information Technology Act, 2000:
The Information Technology Act, which was enacted in 2000, governs Indian cyber legislation. The main goal of this Act is to provide e-Commerce with trustworthy legal protection by making it easier to register real-time records with the government. However, as cyber attackers became more cunning, coupled with the human predisposition to misuse technology, a number of adjustments were made. The ITA, which was passed by India’s Parliament, emphasizes the harsh fines and penalties that protect the e-governance, e-banking, and e-commerce sectors. The scope of ITA has now been expanded to include all of the most recent communication devices.
The IT Act is the most important, as it directs all Indian legislation to strictly regulate cybercrime:
- Section 43 – This section applies to those who destroy computer systems without the owner’s authorization. In such instances, the owner is entitled to full recompense for the total loss.
- Section 43A – If a body corporate fails to implement appropriate security standards and a person suffers a wrongful loss or gain, the body corporate will be liable to pay damages to the aggrieved person.
- Section 66 – This section applies if a person is found to have committed any of the acts listed in section 43 dishonestly or fraudulently. In such cases, the penalty might be up to three years in prison or a fine of up to Rs. 5 lakh.
- Section 66B – Incorporates the penalties for receiving stolen communication devices or computers in a dishonest manner, which confirms a possible three-year sentence. Depending on the severity, this term can also be followed by a fine of Rs. 1 lakh.
- Section 66C – This section looks into identity thefts including impostor digital signatures, password hacking, and other unique identification elements. If found guilty, a three-year sentence could be accompanied by a fine of Rs.1 lakh.
- Section 66 D – This section was added on the spot to focus on punishing cheaters who use computer resources to impersonate others.
- Section 66E – If someone takes, transmits, or publishes photos of a person’s private parts without their agreement or knowledge, they can face up to 3 years in prison and a fine of up to 2 lakh INR, or both.
- Section 66F – If a person refuses an authorized person access to a computer resource or attempts to penetrate/access a computer resource without authority with the intent to endanger the nation’s unity, integrity, security, or sovereignty, he or she faces life imprisonment. This is a non-bailable offense.
- Section 67 – If a person records, publishes, or transmits images of a child engaged in sexually explicit conduct, or induces anybody under the age of 18 to engage in a sexual act, the individual faces up to seven years in prison or a fine of up to ten lakhs INR, or both.
- Section 69 – Any information generated, transferred, received, or stored in any computer resource can be intercepted, monitored, or decrypted by the government if it deems it necessary for the benefit of India’s sovereignty and integrity. The power is conditional on the procedure being followed. The central government can also limit public access to any information under section 69A.
- Section 71 – Any individual who makes any misrepresentation before the Certifying Authority or conceals an important fact from them for the purpose of obtaining any license shall be punished by imprisonment for up to two years or a fine of up to Rs. 10,000/-.
The Indian Penal Code :
The Indian Penal Code was enacted in 1860 and today, The Indian Penal Code (IPC), 1860, and the Information Technology Act of 2000 are both used to prosecute identity theft and related cyber offenses.
The IPC’s main section on cyber scams is as follows:
- Voyeurism (Section 354-D);
- Falsification (Section 464);
- Pre-planned forgery for cheating (Section 468);
- Documentation that is false (Section 465);
- Falsifying a document and presenting it as real (Section 471); and
- Damage to one’s reputation (Section 469).
Companies Act, 2013 :
The Companies Act of 2013 is referred to by business stakeholders as the legal requirement for the refinement of daily operations. This Act’s directives cement all required techno-legal compliances, putting less compliant businesses in a legal bind. The Companies Act of 2013 gave the SFIO (Serious Frauds Investigation Office) the authority to prosecute Indian corporations and their directors. SFIOs have also become much more proactive and harsh in this area after the notification of the Companies Inspection, Investment, and Inquiry Rules, 2014. All regulatory compliances, including cyber forensics, e-discovery, and cybersecurity diligence, are well-covered by the legislature. The Companies (Management and Administration) Rules, 2014 establish tight requirements for corporate directors and leaders in terms of cybersecurity obligations and responsibilities.
NIST Compliance :
As the most trusted global certifying organization, the National Institute of Standards and Technology (NIST) has approved the Cybersecurity Framework (NCFS), which provides a standardised approach to cybersecurity. The NIST Cybersecurity Framework includes all necessary rules, standards, and best practices for effectively managing cyber-related risks. The flexibility and cost-effectiveness of this system are top priorities. It increases critical infrastructure resilience and protection by Allowing for better cybersecurity risk interpretation, management, and reduction — to reduce data loss, data abuse, and subsequent restoration expenses. Identifying the most crucial activities and operations in order to concentrate on securing those organizations that secure important assets must be able to demonstrate their trustworthiness. Aids in the prioritisation of investments in order to maximise cybersecurity. ROI Regulatory and contractual requirements are addressed. Supports the information security program as a whole.
Combining the NIST CSF framework with ISO/IEC 27001 simplifies cybersecurity risk management. It also facilitates communication throughout the firm and across supply chains thanks to a NIST-issued cybersecurity directive.
The Indian Penal Code Or The Information Technology Act: Which Act Will Take Precedence?
A confusion that often crops up relating to the applicability of the Information and Technology Act, 2000 and the Indian Penal Code, 1860 in the context of cybercrime is has been dealt with the Hon’ble courts in India.
On November 6, 2018, the ambiguity was resolved by the Hon’ble High Court of Bombay, which explicitly delivered its judgement in the case of Data Theft, which was filed by a Kolhapur-based company that develops software for hospital management against its employees, alleging data theft and wrongful losses to the company. It relied upon the judgement of the Hon’ble Supreme Court in Sharat Babu Digumar v. NCT of Delhi, and held that
“Prosecuting the petitioners under the both IPC and IT Act would be a brazen violation of protection against the double jeopardy, and we are also having a special law in the form of IT Act for specifically curbing and preventing the cybercrimes, in such circumstances prosecution under both the laws for the same offence is un-constitutional.”
Have You Encountered A Cybercrime?
The advocates at The Law Code, Gurgaon – NCR, are experts in dealing with matters pertaining to cyber security, cyber crimes, IT Act, 2000, IPR, and Financial crimes. Our top information technology and cybercrime lawyers in Gurgaon – NCR offer expert advice on a variety of topics where technology and law collide. As competent legal counsels, we provide our best services in the drafting and vetting of technological and electronic evidence petitions.
TLC, Gurgaon – NCR’s goal is to provide a one-stop solutions for all issues related to cyber law in India. The seasoned lawyers at TLC, Gurgaon – NCR, assist clients with active litigation support in cyber law and intellectual property infringement claims before various Indian forums. Our proficient team of cyber law advocates provide dedicated guidance on cyber law matters such as e-contract creation, IT policy drafting, social media policy writing, software licence contracts, legal action against digital piracy, website terms drafting, combatting online defamation, and identity theft, among various other things.
The top cybercrime advocates at The Law Codes, Gurgaon – NCR, are committed to educating all stakeholders about cyberlaws and guiding the evolution of Internet law in India. Our team includes cyberlawyers, intellectual property specialists, technological experts, and consultants who have the unique industry skills and resources needed to meet all client requests.