Cyber crime laws and related cases in India

1. A
Presentation
On
“Cyber Crime Laws and
Cases related to it in India.”
Presented By:
RAHUL VAGHELA
ARPAN SHAH

2. What is Cyber crime???
• Cyber crime is simply defined as crimes that are
directly related to computers and using
computers.
• An increasing number of domestic and
international criminal activities are using the
Internet. Computers and other electronic
devices can be tools to commit crime or are
targeted by criminals. A personal computer
connected to the Internet without protection
may be infected with malicious software in
under a minute.

3. • Cybercrime has been used to describe
a wide range of offences, including
offences against computer data and
systems (such as “hacking”), computer-related
forgery and fraud (such as
“phishing”), content offences and
copyright offences (such as the
dissemination of pirated content).
 Cybercrime is one of the fastest-growing
criminal activities on the
planet. It covers a huge range of
illegal activity including financial
scams, computer hacking, virus
attacks, stalking by e-mail and
creating websites that promote
racial hatred.

4. Denial of
service
Malware
Computer
Viruses
Transmission
of indecent
material
Harassment
(sexual,
racial,
religious etc.)
Computer
Vandalism
Transmission
of harmful
programs
Terrorize
international
Govt.
Cracking into
military
maintained
website
4

5. WHO ARE CYBER CRIMINALS?
 Kids (age group 9-16 etc.)
 Organized hack activists
 Disgruntled employees
 Professional hackers (corporate espionage)

6. Cyber Crime In India
 The majority of cybercrimes are centered on fraud and Phishing,
 India is the third-most targeted country for Phishing attacks after the
US and the UK,
 Social networks as well as ecommerce sites are major targets,
 6.9 million bot-infected systems in 2010,
 14,348 website defacements in 2010,
 6,850 .in and 4,150 .com domains were defaced during 2011,
 15,000 sites hacked in 2011,
 India is the number 1 country in the world for generating spam.

7. Why India?
A rapidly growing online user
base
 121 Million Internet Users
 65 Million Active Internet
Users, up by 28% from 51
million.
 50 Million users shop online
on Ecommerce and Online
Shopping Sites
 46+ Million Social Network
Users
 346 million mobile users had
subscribed to Data Packages.

8. Cyber Laws in India
Under The Information
Technology Act, 2000
CHAPTER XI – OFFENCES – 66. Hacking with
computer system.
(1) Whoever with the Intent to cause or knowing
that he is likely to cause Wrongful Loss or
Damage to the public or any person Destroys or
Deletes or Alters any Information Residing in a
Computer Resource or diminishes its value or
utility or affects it injuriously by any means,
commits hack.
(2) Whoever commits hacking shall be punished with imprisonment up to three years,
or with fine which may extend up to two lakh rupees, or with both.

9. Cyber Laws
Cyber Law is the law governing cyber space.
Cyber space is a very wide term and includes
computers, networks, software, data storage
devices (such as hard disks, USB disks etc),
the Internet, websites, emails and even
electronic devices such as cell phones, ATM
machines etc.
 Needs for Cyber Law
 TACKLING CYBER CRIMES
 Laws are necessary in all segments of society, and e-commerce.
 All Internet users, including minors, need to be assured of their privacy and
the safety of their personal information online.

10. Case 1:
ONLINE CREDIT CARD FRAUD ON E-BAY
 e-bay.in is the most popular online shopping mall providing free online auctions for
products like mobiles/cell phones, cameras, computers, etc.
 Bhubaneswar: Rourkela police busted a racket involving an online fraud worth Rs
12.5 lakh.
 Two persons, including alleged mastermind Debasis Pandit, a BCA student, were
arrested and forwarded to the court of the subdivisional judicial magistrate, Rourkela
the other arrested person is Rabi Narayan Sahu.
 A case has been registered against the accused under Sections 420 and 34 of the
Indian Penal Code and Section 66 of the IT Act and further investigation is on, he
said.

11.  Pandit allegedly hacked into the eBay India site and gathered the details of around
700 credit cardholders. He then made purchases by using their passwords.
 The fraud came to the notice of eBay officials when it was detected that
several purchases were made from Rourkela while the customers were based in
cities such as Bangalore, Baroda and Jaipur and even London.
 The company brought the matter to the notice of Rourkela police after
some customers lodged complaints
 Pandit used the address of Sahu for delivery of the purchased goods
 The gang was involved in train, flight and hotel reservations.

12. Case 2:
ACCUSESD IN RS 400 MILLION SMS SCAM
ARRESTED IN MUMBAI
 Jayanand Nadar, 30, and Ramesh Gala, 26, were arrested late on
Monday from a hotel in Mira Road in the western suburbs. Nadar, a
first year college dropout, along with his brother Jayaraj had allegedly
duped at least 50,000 people of Rs.400 million, said officials in the
city police's Economic Offences Wing (EOW).
 The two brothers along with Gala allegedly took help of SMS
technology and launched the first-of-its-kind SMS fraud in India.
 As part of the attractive scheme, the Nadar brothers messaged
random numbers, asking people interested in 'earning Rs.10,000 per
month' to contact them.

13.  "Interested 'subscribers' were asked to deposit Rs.500 each. The
conmen duo claimed to be working with a US-based company named
Aropis Advertising Company, which wanted to market its client's
products through SMS'," senior inspector A Thakur said.
 The brothers are said to have told the subscribers that their American
clients wanted to conduct a study about local response to their
advertisement and were using SMS as it was the latest medium of
communication.
 "The brothers led an extravagant life. They would stay in top five star
hotels, throw massive parties for investors and were also known faces
in the city's Page-3 circuit," Thakur revealed.
 Gala, who is believed to have looked after the accounts, and Jayanand
have been remanded to police custody till March 5."

14. Case 3:
SONY.SAMBANDH.COM CASE
 Sony India Private Ltd, which runs a website called www.sony-sambandh.
com, targeting Non Resident Indians. The website enables NRIs
to send Sony products to their friends and relatives in India after they pay
for it online.
 The company undertakes to deliver the products to the concerned
recipients. In May 2002, someone logged onto the website under the
identity of Barbara Campa and ordered a Sony Colour Television set and a
cordless head phone.
 At the time of delivery, the company took digital photographs showing the
delivery being accepted by Arif Azim. The transaction closed at that, but
after one and a half months the credit card agency informed the company
that this was an unauthorized transaction as the real owner had denied
having made the purchase.

15.  The court, however, felt that as the accused was a young boy of 24
years and a first-time convict, a lenient view needed to be taken. The
court therefore released the accused on probation for one year.
 The judgment is of immense significance for the entire nation.
Besides being the first conviction in a cybercrime matter, it has
shown that the the Indian Penal Code can be effectively applied to
certain categories of cyber crimes which are not covered under the
Information Technology Act 2000. Secondly, a judgment of this sort
sends out a clear message to all that the law cannot be taken for a
ride.

16. Case 4:
Pune Citibank MphasiS Call Centre Fraud
 The crime was obviously committed using "Unauthorized Access" to the
"Electronic Account Space" of the customers. It is therefore firmly within the
domain of "Cyber Crimes".
 ITA-2000 is versatile enough to accommodate the aspects of crime not
covered by ITA-2000 but covered by other statutes since any IPC offence
committed with the use of "Electronic Documents" can be considered as a
crime with the use of a "Written Documents". "Cheating", "Conspiracy",
"Breach of Trust" etc are therefore applicable in the above case in addition
to section in ITA-2000.
 Under ITA-2000 the offence is recognized both under Section 66 and Section
43. Accordingly, the persons involved are liable for imprisonment and fine as
well as a liability to pay damage to the victims to the maximum extent of Rs
1 crore per victim for which the "Adjudication Process" can be invoked.

17. Case 5:
India's First ATM Card Fraud
 The Chennai City Police have busted an international gang involved in cyber
crime, with the arrest of Deepak PremManwani (22), who was caught red-handed
while breaking into an ATM in the city in June last, it is reliably
learnt.
 At the time of his detention, he had with him Rs 7.5 lakh knocked off from
two ATMs in T Nagar and Abiramipuram in the city. Prior to that, he had
walked away with Rs 50,000 from an ATM in Mumbai.
 Manwani is an MBA drop-out from a Pune college and served as a marketing
executive in a Chennai-based firm for some time. Interestingly, his
audacious crime career started in an Internet cafe. While browsing the Net
one day, he got attracted to a site which offered him assistance in breaking
into the ATMs.

18.  Believing that it was a genuine offer from the telecom company in
question, several lakh subscribers logged on to the site to get back
that little money, but in the process parted with their PINs.
 Meanwhile, Manwani also managed to generate 30 plastic cards that
contained necessary data to enable him to break into ATMS. He was
so enterprising that he was able to sell away a few such cards to his
contacts in Mumbai. The police are on the lookout for those persons
too.
 On receipt of large-scale complaints from the billed credit card users
and banks in the United States, the FBI started an investigation into
the affair and also alerted the CBI in New Delhi that the international
gang had developed some links in India too.
 Manwani has since been enlarged on bail after interrogation by the
CBI. But the city police believe that this is the beginning of the end of
a major cyber crime.

19. CONCLUSION
 “As internet technology advances so does the threat of cyber crime. In
times like these we must protect ourselves from cyber crime. Anti-virus
software, firewalls and security patches are just the beginning.
Never open suspicious e-mails and only navigate to trusted sites.
 Cyber laws essential feature in today’s world of internet
 To reduce the damage to critical infrastructures
 To protect the internet from being abused
 Achieving global peace and harmony