Meaning and Classification of Cyber Crimes

Definition of Cyber Crime

Offences committed using computers or networks

Cyber crime refers to any unlawful act wherein a computer, networked device, or a network itself is either the tool, target, or both. It involves the use of information technology to commit illegal activities such as fraud, identity theft, data theft, cyber terrorism, and more.

Example: A hacker breaches a server and steals customer credit card data. Is it a cyber crime?

Answer:

Yes. Unauthorized access and data theft fall under cyber crimes.

Classification of Cyber Crimes

Crimes against the State (Cyber Terrorism)

These crimes include attacks against national security, such as hacking into government servers, spreading malware to disrupt public systems, or cyber warfare activities.

Example: What is cyber terrorism?

Answer:

Cyber terrorism is the use of the internet to carry out violent acts that threaten or cause fear for political or ideological gains, e.g., targeting critical infrastructure.

Crimes against persons (Cyber Harassment, Defamation)

These crimes include cyber stalking, online harassment, bullying, and publishing defamatory content about an individual on the internet.

Example: Can sending threatening emails repeatedly amount to cybercrime?

Answer:

Yes, it constitutes cyber harassment and is punishable under the IT Act and IPC.

Crimes against property (Hacking, Data Theft)

Cyber crimes against property involve unlawful access to data, denial of service (DoS) attacks, hacking into servers, and destruction or theft of digital assets or intellectual property.

Example: Is unauthorized downloading of software from a paid platform a cyber crime?

Answer:

Yes, it is considered software piracy and constitutes data theft or copyright infringement.

Crimes against children (Cyber Pornography)

This category includes the creation, possession, or distribution of pornographic content involving children, child grooming, and exposure to inappropriate online content.

Example: Is sharing obscene content involving minors over messaging apps punishable?

Answer:

Yes. It is a serious offense under the POCSO Act and the IT Act.

Financial Cyber Crimes

These include online banking frauds, phishing, credit card frauds, identity theft, ransomware attacks demanding payment, and cryptocurrency scams.

Example: What is phishing in the context of cyber crime?

Answer:

Phishing is a fraudulent attempt to obtain sensitive information (like passwords or bank details) by impersonating a legitimate entity via email or websites.

Penalties for Cyber Crimes under the IT Act, 2000

Section 43: Penalty and Compensation for damage to computer, computer system, etc.

Civil liability for unauthorized access, data damage, disruption, etc.

If any person, without permission of the owner or person in charge of a computer system, accesses, downloads, introduces viruses, damages, or disrupts services, they shall be liable to pay compensation to the affected party.

Example: A person installs spyware on someone else's laptop. Can they be held liable under Section 43?

Answer:

Yes. Unauthorized access and data compromise fall under civil liability as per Section 43.

Chapter IX: Offences (Sections 65–74)

Tampering with computer source documents (Section 65)

Punishable with imprisonment up to 3 years, or with fine up to ₹2,00,000, or both.

Computer-related offences (Section 66)

Punishes acts such as hacking, data theft, or alteration of data with dishonest or fraudulent intent. Punishable with up to 3 years of imprisonment or fine up to ₹5,00,000, or both.

Publishing or transmitting obscene material in electronic form (Section 67)

Punishable with imprisonment up to 3 years and fine up to ₹5,00,000 for first conviction. For subsequent convictions, imprisonment up to 5 years and fine up to ₹10,00,000.

Publishing or transmitting material containing sexually explicit act (Section 67A)

Punishment: up to 5 years of imprisonment and fine up to ₹10,00,000. For repeat offence: up to 7 years.

Publishing or transmitting material depicting children in sexually explicit act (Section 67B)

Serious offence with up to 5 years of imprisonment and fine up to ₹10,00,000 (first offence). Subsequent offences may attract up to 7 years imprisonment.

Dishonest and fraudulent use of computer resources (Section 66D)

Punishes cheating by personation using computer resources. Punishable with imprisonment up to 3 years and fine up to ₹1,00,000.

Cheating by personation using computer resource (Section 66D)

Same as above; covers phishing, online impersonation, and fake digital identities.

Breach of confidentiality and privacy (Section 72)

If any person who, in pursuance of powers under the IT Act, gains access to electronic records, discloses it without consent, they are liable to punishment with imprisonment up to 2 years or with fine up to ₹1,00,000, or both.

Misrepresentation regarding DSC (Section 73)

Punishment includes imprisonment up to 2 years or fine up to ₹1,00,000 or both.

Publishing false digital signature certificates (Section 73)

Applies to individuals or Certifying Authorities issuing unauthenticated certificates with fraudulent intent.

Misuse of Digital Signature Certificates (Section 73)

Involves knowingly using or publishing false or revoked DSCs. Same penalties as above.

Example: Can impersonating someone through email for fraud be penalized under the IT Act?

Answer:

Yes, it is covered under Section 66D – Cheating by personation using computer resources.