"Managing Cyber Crimes in India - Issues and Challenges": Mrs - Vineetha.P.K Principal, Sarada Vilas Law College, Mysore

Journal of Exclusive Management Science December 2012-Vol 1 Issue 11 - ISSN 2277 5684
Managing cyber crimes in India issues and challenges

*Mrs.Vineetha.P.K
*Principal, Sarada Vilas Law College, Mysore
Abstract
The use of internet has become the part and parcel of every educated person in this
world. It has opened the gates to the information superhighway connecting the rest of the
world to whole a lot of information and to all corners of the world at once. It connects the
person sitting in the remote corner of the home or office to the entire world thorough the
information highway called passionately web, cyber, etc. It connects everyone to his office,
bank, electricity dept, water works, travel service, bazaar, bookshop, friend in other country
and also dangerously and unknowingly to cyber criminals waiting to hit the gullible internet
user. So comes to web of national and international laws with its enforcing agencies and
intelligence to curb this menace of cyber crimes and protect the society from high-end,
sophisticated, high-tech criminals. The effectiveness of the implementation of the cyber laws
in India is a utmost important to protect our society new generation of crimes and criminals
and whether it has been successful in India or not is the present research question.
A preliminary pilot survey was conducted by the researcher to have deeper
understanding of the internet and cyber scenario in the selected cyber cafes by way of
questionnaire survey on the users of internet and center/caf owners to understand the level
of awareness about the cyber crimes and the preventive measures taken by the centers and
the internet users to protect themselves from the cyber crimes. The research findings,
suggestions and heartening facts about the susceptible children using internet in cyber cafes
is detailed in the end of this research paper. This pilot study has opened the gate way
showing the broad and clear direction for the researcher to go on with the main research
journey.
Key words: cyber laws, Information technology act, cyber crimes, internet providers.
1. Introduction to research:
The research is go into the study and investigation of implementation of cyber laws in
India. The Implementation of cyber laws has following research parameters and the
identification, investigation, prosecution, punishment and prevention of cyber crimes by
the enforcement authorities which include special police force properly trained to handle such
sophisticated crimes passionately called as cyber police (supported by technical wing for the
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identification and detection of cyber crimes ) and the Indian law courts with specially trained
judicial authorities trained in the technicalities of internet crimes. The research would also
study among the police and judicial authorities -
the level of awareness of cyber crimes,
their abilities (level) to identify the crimes, their knowledge level to understand the
technicalities of the subject and process of crime and damage it has and it might in future
cause and technical ability level to take up proper steps to stop the further damages to general
public. The research would study also the enforcement personnels social concern and ability
to involve other stake holders from society like internet cafes, internet providers, education
and other institutions ( where in particular internet suave youths use the facility extensively
for their official as well as past time) and national and international website launchers and
maintaining super computer based web companies in the process of judicial administration
and prevention of cyber crimes in India.
The research would not only be done on the primary sample survey of investigating
officers from cyber police stations, the top-police officials involved in the cyber crime
investigations, the judicial officers administering justice in cyber cases but also include cyber
caf owners and the general public especially who use internet for all their day to day
activities like sending e-mails to friends and relatives, online shopping, paying bills using
internet, online banking, money transfers and all their office works either from their home or
office or from internet centers.
The research would also conduct excusive and exhaustive secondary survey besides
traditional literature survey - the police records to know the nature and number of cases
reported, number of cases investigated, tried, punished and also to understand the type of
cyber crimes which are very common in India ( to create awareness campaign to stop and
prevent the menace) and to successfully prevent the reoccurrence of the same.
2. Introduction to main research Study:
The main aim research is to address the issues of prevention, investigation,
prosecution and punishment of cyber crimes by Indian law enforcing authorities in the first
level and in the second level about creating awareness, technical knowhow about the cyber
crimes for detection, prevention and investigation purposes through suitable training and
development programmes to a) investigating officers b) judicial officers c) internet centers d)
educational institutions and e) general public ( internet users) and in the third level the
research would try to devise suitable enforcement and technical models to prevent and free
the whole society from such sophisticated and dangerous crimes.
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2.1 Introduction to Pilot study: As a preamble to the main research whose objective of the
phd research is to find the level of implementation of cyber laws in India associated pilot
study is conducted to frame the main objectives of research which will go on last for next
three years. The aim of pilot study was to understand the internet scenario in India and to
have firsthand information about the users of internet at cyber centers and their level of
understanding about cyber crimes.
3. Research objectives:
The main objective of the research is to find the level of implementation of cyber laws
in India. The research would investigate and try to find the level of prevention of cyber
crimes in India with research objectives addressing the issues starting from the stage of
identification cyber crimes, investigation, prosecution and punishment stage. The research
would also try to find the ways and means and the type of special internet based training
required by all the wings of enforcement agency like police officers and their staff, judicial
officers and their subordinates and others involved in the process of investigation and judicial
delivery systems.
The pilot study conducted at the internet centers revealed several issues on the internet
scenario of internet users and it has helped to frame the following main research objectives.
For the purpose of research the above deliberated broad main objective is further divided into
following specific objectives and associated hypothesis for the purpose of research.
The specific objectives of the research are to find:
1. The nature and number of cyber crimes intimated to the cyber police in India.
2. The nature and number of cyber cases investigated (and charge sheeted) by cyber
police.
3. The nature and number of cyber cases brought before the court and the effectiveness
of the process of administration of justice in these courts.
4. The nature and number of cyber criminals prosecuted by court and the nature and
number of cyber cases left untried for technical defects and problems.
5. whether the general public i.e internet users are aware of different types of cyber
crimes and what is the level of their understanding and whether they are equipped to
protect themselves from cyber crimes ( while in internet use).
6. whether the
Indian cyber police are properly trained to handle cyber crimes
effectively.
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7. whether the Indian cyber police are properly equipped ( technology and equipments)
to handle cyber crimes effectively.
8. whether the Indian law courts ( and its officials) are properly trained to handle cyber
crimes effectively.
9. whether the Indian law courts ( and its officials) are properly equipped ( technology
and equipments) to handle cyber crimes effectively.
10. whether the Indian government has been able to effectively handle and control cyber
crimes ( Prevention, prosecution and awareness and technical training ) through their
laws and enforcement wing in national as well as at state level.
11. whether the Indian government is able to foresee the future technology and the cyber
crimes that could strike in future to shake the integrity, sovernity and social and
national security, psychosocial health and well being of the entire nation.
The pilot study conducted helped the researcher to frame the following research null
hypothesis based on the main objectives of the research.
The following are the null hypothesis framed for research:
1. H01 All the cyber crimes are NOT intimated to the cyber police in India.
2. H02 All cyber crimes are NOT properly investigated (and charge sheeted) by
cyber police.
3. H03 All cyber cases brought before the court are NOT properly handled by court.
4. H04
All
cyber criminals are NOT prosecuted by court because of technical
problems.
5. H05 The general public i.e internet users are NOT aware of different types of
cyber crimes and how to protect themselves from cyber crimes.
6. H06 The Indian cyber police are NOT trained to handle cyber crimes effectively.
7. H07 The Indian cyber police are NOT equipped to handle cyber crimes
effectively.
8. H08 The Indian law courts (and its officials) are NOT trained to handle cyber
crimes effectively.
9. H09The Indian law courts (and its officials) are NOT equipped to handle cyber
crimes effectively.
10.H010 The Indian government has NOT been able to effectively handle and control
cyber crimes ( Prevention, prosecution and awareness and technical training )
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This empirical study would survey would be conducted on the respondents drawn
from general public, internet users at college and cyber centers , cyber police officials and
judicial officers the cyber caf personnel to understand the subject matter of research to lead
to suggestions and conclusions useful for society and nation as a whole.
3.2 Pilot study objectives:
The pilot study conducted in the beginning of the research to frame the above broad lined
objectives and hypothesis of research had the following specific objectives which were
investigated and findings were arrived at. The objectives of pilot study was to
a) find the awareness level about the cyber crimes among the cyber cafe owners, the
measures taken by them to prevent the cyber crimes happening in their centers, the
level of prevention and the cyber environment created in the society and to guard
against and decrease the susceptibility level and
b) find the level of awareness about the cyber crimes among the internet users in cyber
cafes.
c) Find any other issues important observed and noticed in the cyber centers useful for
the further main PhD research.
4. Literature survey:
4.1.1 Introduction to cyber crimes:
In simple way we can say that cyber crime is unlawful acts wherein the
1
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. The abuse of computers has also given birth to a gamut
of new age crimes that are addressed by the Information Technology Act, 2000.
4.1.2 Cyber crime can be recognized in two ways :

I. The Computer as a Target:-using a computer to attack other computers.
Ex:. Hacking, Virus/Worm attacks, DOS attack etc.
II. The computer as a weapon:-using a computer to commit real world crimes.
Ex:. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds,
Pornography etc.
4.1.3 Cyber Crime regulated by Cyber Laws or Internet Laws.
Technical Aspects1: Technological advancements have created new possibilities for
criminal activity, in particular the criminal misuse of information technologies such as
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a) Unauthorized access & Hacking:Access means gaining entry into, instructing or communicating with the logical,
arithmetical, or memory function resources of a computer, computer system or
computer network. By hacking web server taking control on another persons website
called as web hijacking
b) Trojan Attack:The program that act like something useful but do the things that are quiet damping.
The programs of this kind are called as Trojans.
c) Virus and Worm attack:A program that has capability to infect other programs and make copies of itself and
spread into other programs is called virus. Programs that multiply like viruses but
spread from computer to computer are called as worms.
d) E-mail & IRC related crimes:1. Email spoofing: Email spoofing refers to email that appears to have been originated
from one source when it was actually sent from another source. Please Read
2. Email Spamming: Email "spamming" refers to sending email to thousands and
thousands of users - similar to a chain letter.
3 Sending malicious codes through email: E-mails are used to send viruses, Trojans
etc through emails as an attachment or by sending a link of website which on visiting
downloads malicious code.
4. Email bombing: E-mail "bombing" is characterized by abusers repeatedly sending
an identical email message to a particular address.
5. Sending threatening emails, 6. Defamatory emails. 7. Email frauds, 8. IRC related
Three main ways to attack IRC are: attacks, clone attacks, and flood attacks.
e) Denial of Service attacks:Flooding a computer resource with more requests than it can handle. This causes the
resource to crash thereby denying access of service to authorized users..1
To summarize the computer crime is a general term that embraces such crimes as
phishing, credit card frauds, bank robbery, illegal downloading, industrial espionage, child
pornography, kidnapping children via chat rooms, scams, cyber-terrorism, creation and/or
distribution of viruses, Spam and so on. All such crimes are computer related and facilitated
crimes.
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4.1.3 The statistics of Cyber Crimes1 in world:

The statistics that have been obtained and reported about demonstrate the seriousness
Internet crimes in the world. In a FBI survey in early 2004, 90 percent of the 500 companies
surveyed reported a security breach and 80 percent of those suffered a financial loss (Fisher
22). A national statistic in 2003 stated that four billion dollars in credit card fraud are lost
each year. Only two percent of credit card transactions take place over the Internet but fifty
percent of the four billion, mentioned before, are from the transaction online (Burden and
Palmer 5). All these finding are just an illustration of the misuse of the Internet and a reason
why Internet crime has to be slowed down. 1
2
4.2 The Information technology acts and its salient features:

The Information Technology ACT, 2008 was drafted by Ministry of Law, Justice and
Company Affairs (Legislative Department) and passed on New Delhi, the 9th June 2000 The
following Act of Parliament received the assent of the President on the 9th June 2000 and is
available in government web site. The present form of the act includes as Amended by
Information Technology Amendment Bill 2006 passed in Loksabha on Dec 22nd and in
Rajyasbha on dec-23rd of 2008. the salient features of the act include in its 1st to 13th
chapters the preliminary, digital and electronic signature, electronic governance, attribution,
acknowledgement and dispatch of electronic records, secure electronic records and secure
digital signatures, regulation of certifying authorities, electronic signature certificates, duties
of subscribers, penalties and adjudication, the cyber regulations appellate tribunal, offences,
network service providers not to be liable in certain cases, examiner of electronic evidence
and miscellaneous chapter. These chapter are exhaustive and detailed and really would need a
quite along time for any law enforcement officials to digest and implement in their day to day
process of administering justice and enforcing cyber on Indian soil.
4.3 The Advantages of Information technology acts3:
The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber
crimes. We need such laws so that people can perform purchase transactions over the Net
through credit cards without fear of misuse. The Act offers the much-needed legal framework
so that information is not denied legal effect, validity or enforceability, solely on the ground
that it is in the form of electronic records.
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In view of the growth in transactions and communications carried out through electronic
records, the Act seeks to empower government departments to accept filing, creating and
retention of official documents in the digital format. The Act has also proposed a legal
framework for the authentication and origin of electronic records / communications through
digital signature.
a) From the perspective of e-commerce in India, the IT Act 2000 and its provisions
contain many positive aspects. Firstly, the implications of these provisions for the
e-businesses would be that email would now be a valid and legal form of
communication in our country that can be duly produced and approved in a court
of law.
b) Companies shall now be able to carry out electronic commerce using the legal
infrastructure provided by the Act.
c) Digital signatures have been given legal validity and sanction in the Act.
d) The Act throws open the doors for the entry of corporate companies in the
business of being Certifying Authorities for issuing Digital Signatures
Certificates.
e) The Act now allows Government to issue notification on the web thus heralding egovernance.
f)
The Act enables the companies to file any form, application or any other
document with any office, authority, body or agency owned or controlled by the
appropriate Government in electronic form by means of such electronic form as
may be prescribed by the appropriate Government.
g) The IT Act also addresses the important issues of security, which are so critical to
the success of electronic transactions. The Act has given a legal definition to the
concept of secure digital signatures that would be required to have been passed
through a system of a security procedure, as stipulated by the Government at a
later date.
h) Under the IT Act, 2000, it shall now be possible for corporate to have a statutory
remedy in case if anyone breaks into their computer systems or network and cause
loss. The damages or copies data. The remedy provided by the Act is in the form
of monetary damages, not exceeding Rs. 1 crore.
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5. Research methodology :
The research methodology focuses on the cyber law enforcement systems in
Karnataka, its officials and executives wing which include the top-police officers, subinspectors and other intelligence officials (respondents of the research survey) involved in the
investigation of cyber crimes in Karnataka and the judicial officers who administer justice
and have administered justice in the cyber related cases in Mysore and Bangalore. The
research would also like to hold discussions and interviews with the information technology
training wing at High court ( in charge IT training of judicial officers) and in the Karnataka
police head quarters which is in charge of training the investigating officers and other
supporting regular and technical staff. This would be done to understand and research into the
level and sufficiency of the training modules and to understand if any lacunas are there in
training delivery and if any improvement and updation is required for the internet technology
training given to these officials. The last but not the least the personnel operating in cyber
cafes and internet centers and educational institutions using exhaustive internet to know
about the types of internet crimes that could happen and the precaution they have taken in
this regard and the know what improvements in prevention systems are required to prevent
further internet crimes in India.
The research would design separate sets of questionnaires for the randomly selected
respondents drawn from general cyber users, cyber caf owners, officials of cyber police
stations, judicial officers, IT training wing officers of high court and police head quarters and
the other stake holders.
A suitable sample size would be selected on the basis of need of the research and time
limitation of research. An initial pilot survey was conducted to design the detailed and
specific objectives and research hypothesis on the subject matter of research whose findings
and suggestions are detailed next. The research has designed the null hypothesis with regard
to the objectives of the research and the same would be tested under statistical study using,
random sampling methods, stratification techniques and suitable statistical tests.
5.1 Methodology of pilot survey:
The initial pilot survey is conducted to understand the awareness level on cyber
crimes among general users and cyber caf/centre owners and about preventive measures.
The survey has selected ten cyber centers in Mysore and interviewed them with specific
questions. A sample of fifty respondents among the internet users were selected and surveyed
with questionnaire addressing the pilot study objectives. The data collected out of the survey
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was averaged, stratified and suggestions and conclusions of pilot survey are drawn and
detailed below.
5.2 Pilot survey results, observations and Outcomes:
The pilot survey has revealed that
a) The general public has only a partial awareness on the cyber crimes and different
types of cyber crimes for which they are susceptible. They know about compute virus
and not on email address hacking. They dont take much attention to the protection of
their password particularly younger children. They forget to put-off the option of
remember the password for future use and end up in giving away their password for
unscrupulous hands. The use of face-book, twitter and similar social sites are
commonly observed. There is gross lack of knowledge on e-commerce and e-banking
cyber crimes among most of the internet users.
b) The cyber police has not visited these centers even once in the present year.
c) Most of cyber centers have put internet virus protection packages
d) Except one centre all other nine centers out of sample of ten have login system
adopted where the user has register his name, email address and personal details to
use the internet, but some time they are bypassed to browse the internet only by
entering name.
e) Most of the centers (eight out of ten) insist on personal identity to be entered into the
register. Two centers dont allow any user without their identity card/ driving license
/etc. for their address proof (original not Xerox copy) and they keep the scanned
copy for future use.
f) Most of the centers on general holidays, Saturdays, Sundays and vacation holidays
mostly adolescent children browsing and playing video games without any sort of
control on them. They are sitting in congested cubicles, not monitored by the
supervisors of centers may get into addiction to these games and driven away from
their studies. There is always a chance that they may put their eyes into to
objectionable and psychologically unhealthy sites are a very heartening fact observed
by the researcher.
g) Adolescent children also seen using social sites and there is chance of they share the
information not conducive for their age and healthy social upbringing.
They give
wrong date of births and register themselves into these sites and social networks.
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h) The social sites are creating problems of publicizing personal information, photos and
videos to all by some unscrupulous elements.
5.3 Inferences and Suggestions:
The pilot Survey revealed that
a) There is only a partial awareness among the general users about the cyber crimes and
government agency should take care of creating more awareness on this type of
crimes to general public which as dangerous or even more dangerous than gold chain
snatching.
b) The cyber caf/center owners have done appreciable work by adopting the system of
asking for address proofs and identity of the cyber users. This system has been
adopted after the enforcement agency made it compulsory from the year 2010 to have
the login time and logout time of every user with their identity to identify incase of
cyber crime takes place. But the enforcement agency should have a follow-up action
to see whether their records are maintained properly or not by each internet centers in
city for preventing the city users from cyber crimes.
c) The children may become addict to games and visiting unscrupulous and
objectionable sites not suited to their age. Parents, teachers, responsible citizens,
cyber caf owners and enforcement officers should take some action in this regard to
protect the psychological health of future generation of India.
d) The social networking is being visited by youth and also by adolescent children and
they are used to share all sort of information and mostly about films and film
personalities. This is grossly wasting the time and energy of our youth for this type of
most uncreative browsing. This all is the area of attention and concern for all in the
society.
e) The internet users should be taught to protect their password and importance of
protecting the password. This should be done by the internet caf/ centers ( owners)
supervisors and teachers of school and colleges.
f) There is total lack of awareness of how the e-commerce and e-banking crimes are
penetrated and most are susceptible for this type of crimes when give away their
personal details like name, address, email and email address and other passwords to
the sites while making purchases or e-money transfers on internet without taking
proper precaution.
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g) The survey reveal a need of educating all users about the types of cyber crimes and
their consequences and importance of protecting ones password/ bank pin number
and email address while using internet.
5.4 Final conclusion of pilot survey:
The pilot study conclude that though there is a partial awareness about the cyber
crimes, there is a need of plan of action from government to educate the public completely
about it and the onus rests on the government and enforcement agency to protect the public
from such specialized crimes. The study conclude with an appreciation of the preventive
measures and systems adopted by cyber centers but they need to continuously monitor that
system adopted is unscrupulously followed round the clock in their center to protect the
society and his customers. The study concludes that children the future of our country
should be protected becoming victim to any type cyber addiction. They need to be monitored
and guided so that their energy and precious age of learning is spent on education and career
development rather than wasting time on games, social network and objectionable sites. They
have to be guided to take the advantage of internet for their mental, intellectual and
psychological growth and how to be away from the rest of the cyber ocean filled with crimes,
terrorism, wild games and useless information and to learn to know the difference between
good and bad.
6 Final word:
The researcher is confident after the preliminary pilot survey and will be heading
towards a longer research journey and would sincerely try to find the present level of the
implementation of cyber laws in India and also try to find suitable models for enforcement of
cyber laws, prevention of cyber crimes and training requirement of enforcement authorities through years of research which would be of help for government and all other stake holders
in the process and especially to the benefit of the society in creating fearless environment
where they will have happy surfing, e-banking, e-shopping and e-mailing internet
experiences for their lifetime.
www.aeph.in

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Journal of Exclusive Management Science December 2012-Vol 1 Issue 11 - ISSN 2277 5684

Managing cyber crimes in India issues and challenges

the level of awareness of cyber crimes,

Indian cyber police are properly trained to handle cyber crimes

cyber criminals are NOT prosecuted by court because of technical

4.1.2 Cyber crime can be recognized in two ways :

4.1.3 The statistics of Cyber Crimes1 in world:

4.2 The Information technology acts and its salient features:

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