`

ESSENC
CE - Interna
ational Jourrnal for Envvironmentaal Rehabilitaation and Conservation
n
Volume VI: No. 1 2015 [1
[ – 13] [ISS
SN 0975 - 62722]
[ww
ww.essence-jouurnal.com]

Role of government
g t to prevent and controol cyber crim
me in India

Chadha, Sanjeev K. and

a Srivastaava, Ratnesh K.

1, 2015 ⏐ Acccepted: April 04, 2015 ⏐ Online:

Received: February 21 O June 30,
3 2015

Abstractt
At this juuncture of modern societyy and in the age
a this regard the present articcle seeks to address
of inform mation-technnology various information dilemma of cybeer crime andd provide sugggestions
and c
communicati on technnologies are to various
v deparrtments to cheeck the peril of cyber
progressivvely being adopted
a by the police anda crim
me.
various other
o governmment agencies in their woorks Intrroduction
to checkk cyber crim mes and aim m to nurturing
greater accountabiility towaards socieety. In present
p socieety by increeasing of criimes the
Meanwhiile various researches show that the rolee of police has
h become more imporrtant and
knowhow w about cy yber crime is inadequuate theyy are proactiively expected to providde multi-
among thhe police offficers and other
o concernned mensional seervice to thhe people. This is
dim
authoritiees. With the t developpment of the possible only when
w they muust be equippped with
technologgies the number off victims of the latest technnology and establish theem as a
cybercrimmes is increassing day by day,
d therefore it people friendlyy police syystem. It haas been
is requirred that th he policemeen and othher founnd that in providing bestb servicess police
concernedd person must be aware about systtem has faileed to come outo of its traaditional
cybercrimmes so thaat they couuld effectivvely trennd and most of thee officers remain
resolve this
t problemm and guide the people to unppractical and uncomfortaable towards modern
handle annd counter the threat of cyyber crimes. In
I techhnological developmentss. At one sidde recent
Keyword
ds: Physicco-chemicall parameterss ⏐ techhnological developmennts are prroviding
Drinkiing quality ⏐ Irrigattion commprehensive range of tasks t to thee people
suitabiility ⏐ Grounnd water
whiile other sides they are creatinng new
challlenges for the
t police syystem. The abuse
a of
For corresp
pondence: techhnological development
d ts which chaallenged
Department of Law, the police and other
o governnmental agenncies is a
HNB Garhw wal Central Univ
versity, Campus Tehri Garhwal
E-mail: sk.cchadha123@gmaail.com
neww form of crime
c and is known as a cyber
crimme. The articcle is an atttempt to expplore the

1
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

possible changes needed

n in a system and a com
mputer or internet at any stage.
suggest methods
m and
d technical skills that the
t At internationaal level cybercrime deffined by
law enfforcement agencies
a shhould use to the U.N. Congress
C on Preventtion of
combat with
w cyber crrime. Cybbercrime annd Treatmeent of Offfenders,
Cyber crrime whiich comprisees two categoories as folloows:
The terrm “cyber crime” has h not beeen In narrow seense cyberccrime connnotes a
statutorilly defined tilll now in anyy statute. Evven commputer crimme and inccludes any illegal
the Inforrmation Tecchnology Acct, 2000 which behhavior direccted by meeans of ellectronic
deals witth the cyber transactionns not contain operations thatt targets thhe security of the
the definnition of cybbercrime. It is an umbreella commputer systeem and the data proceessed by
term undder which many
m illegal activities may
m themm.
be grouped together. In broader seense cyberccrime incluudes all
In this reegard Pawan n Duggal in his book titled commputer relateed crimes anda consistss of any
“Cybercrrime” has written
w thatt, cybercrimmes illeggal behaviorr committedd by means of,o or in
may preccisely be sa aid to be thhose species of relaation to, a computer system
s or network,
n
crime in which comp puter is eitheer an objectt or inclluding such crimes as illlegal possesssion and
a subjectt of the cond duct constituuting the criime offeering or disttributing infformation byy means
or it mayy be even both.
b It meanns any activvity of a computer system or nettwork.
that uses the computter as instrum ment, targett or In the Indian context, cybercrime may m be
a means for perpetraating furtherr crime, can be defiined as a voluntary and a willful act or
falls undder the ambitt of cyber crrime. Here also
a omiission that adversely affects
a a peerson or
because of o anonymous nature off internet, there propperty or a person’s
p commputer systeems and
are manny illegal acctivities occcurring in the t madde punishhable unnder Infoormation
cyberspaace which may m enablee the criminnal Tecchnology Acct, 2000 or liable underr Indian
minded people
p to in
ndulge in vaarious kinds of Pennal Code such
s as forr e-mail sppoofing,
crimes which
w is knowwn as cyberrcrimes. In this
t sendding threatenning mail, cyyber defamaation etc.
way cybbercrimes iss an offencee which takkes
place on or using thee internet throough compuuter Claassification of
o cyber crime
or other communicat
c tion devices. In this
t regard R.
R Nagpal haas clearly written
w in
The meddium of this cybercrimee is technoloogy his book that, InI general cyber
c crimess can be
and thereefore, most of the cybeercriminals are diviided into following categgories:
technicallly skilled who haave thorouugh 1. Cyber crrime agaiinst persoon or
understannding of computer and internnet. individual: The cybeercrime com mmitted
Therefore the sine qua
q non for cybercrimee is against perssons disturbbing him phhysically
that theere should be an innvolvement of or mentally can be put in this categoory.

2 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

(A) Harassment
H via
v e-mail: Itt is similar like section 67 of the I.T.I Act, 20000 if a
harassing th hrough phoone or lettter. person publishes
p orr transmits or
o cause
Sending sexu ual, racial orr religious mail
m to be puublished in the
t electronnic form,
w
which is conncern for vicctim comes in any matterial which is lasciviouus, or its
thhis category.. effect iss such as to tend to deprrave and
(B) Cyber
C Stalkiing: Simplee meaning of corrupt person whoo are likely to read,
sttalking is “too follow”. When
W followiing see or hear the matter
m contaained or
iss done thro ough interneet like postiing embodieed in it, is puunishable unnder this
m
messages or entering
e the chat-roomss or section and porrnography always
coonstantly bo ombarding thhe victim withw corrupt the mind of o people so s cover
e--mails etc. comes in thiss category. under thhis section.
(C) Dissemination
D n of obsccene materiial: (E) Defamattion: There is no deferrence in
H
Here both thee term ‘disseemination’ anda traditionnal form of o defamatiion and
‘oobscene’ aree required to t elaborate to cyber defamation except medium
unnderstand the conceppt. The teerm which iss being usedd by the crim minal to
dissemination n is very brooad term andd it defame. A person may be defamed d
inncludes salee, distributioon, promotiion through the help of computer annd or the
annd exhibitiion and a material is internet.. For exam mple if a person
obbscene, if itt predominaantly draws an publishees defamatoory statemeent over
avverage persson in the contemporaary website or sends deefamatory e--mails to
coommunity to t a shameful or morbbid someonee’s friends then it iss called
innterest in nuudity, sex or erection, suuch cyber deefamation.
m
material if takken as wholle lacks serioous (F) Unauthoorised conntrol/access over
liiterary, artisstic, politicaal or scientiific computeer system: AnyA kind off access
value. In thiis sense disssemination of over coomputer syystem withoout the
obbscene mateerial throughh internet iss a permissiion of thhe owner of the
cyyber crime. computeer is poppularly knoown as
(D) Pornography or polluuting throuugh hacking. Section 2(1)(a) of the
inndecent expo osure: Pornoography can be Informaation Technoology Act, 20000 says
puut in the prrevious cateegory of cybber ‘access’ means gainning ‘entry’ into or
crrime i.e. dissemination
d n of obsceene instructiing or comm municating with
w the
m
material. In this regardd as per the t logical, arithmeticcal, or memory m
O
Oxford Dictionary
D the teerm functionn resourcess of a computer
‘ppornography y’ means “representati
“ ion system or computeer network. Section
off the sexu ual activity virtually or 66 of thet I.T. Actt, 2000 partticularly
d
descriptively to stimulatee erotic rathher providess for hacking and saays that
thhan aesthetiic feelings” ”. As per the t “whoeveer, with thee intent to cause
c or

3 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

knnowing thaat he is likkely to cauuse of a com mputer or a peripheral attached

w
wrongful losss or damage to any persoon, to the coomputer or physically
p daamaging
destroys or deletes or o alter anya a compuuter or its peripherals.
p Causing
innformation residing inn a compuuter hindrancce in the normal
n funcction of
reesource or diminishes its value or computeer system thhrough introoduction
uttility or afffects it injurriously by any
a of virusses, worms or o logic bommb with
m
means, is said
s to com mmit hackiing the inntention too gain ecconomic
thhrough unau uthorized acccess” advantagge over a rivalr compeetitor or
(G) Inndecent expo osure: It meeans displayiing stealing data for exxtraction off money
of body partss specially genital
g parts of are somme common form of computer
m
male or feemale inapppropriately in vandalissm.
puublic with ob bscene interrest. (B) Virus trransmission: The term m ‘virus’
(H) E-mail
E spooffing: Spoof mails
m are thoose used firrst time by Fred Cohenn in his
w
which misrepresent its origin andd it thesis published
p inn 1984 wheerein he
apppears to originate
o froom one sourrce explaineed virus as a program which
buut actually emerged froom some othher propagaate by attaching theemselves
soource. In e-m mail spoofinng, the attackker directly to the compputer programms.
crreates a faalse contextt in order to (C) Denial ofo service atttack (DoS): Denial
m
mislead the victim andd makes him h of serviice attacks is a maliciious act
believe it to be real witth intention to which denies
d to thhe user, leegitimate
reetrieve victimm’s secret innformation. access to t a compuuter system m. These
(I) Pornography (specially child): Chhild attacks are
a usually launched to make a
pornography is a distinctt kind of cybber particulaar servicee unavailabble to
crrime and it isi offence whhen committted someonee who is auuthorized too use it.
w
without rightt. The conduuct undertakken This can be lauunched by single
w
with artistiic, medicaal, scientiific computeer or series of o computerrs across
puurposes would not be considered as the worlld. They aree to very diffficult to
“wwithout rig ght”; insteadd, it will be trace thherefore it cause problem for
riightful cond duct. It inclludes offerinng, enforcem ment agenciees.
m
making available,
a distributinng, (D) Unauthoorized acceess over computer
trransmitting, producingg and evven system:
possession of child pornographhic (E) Intellecttual propertyy crime: Inteellectual
m
material. propertyy is a bunddle of rightss which
2. Cybeer Crime ag gainst Propeerty includess copyright, trademark,, patent,
(A) Computer
C van
ndalism: It means
m physiical GIs annd industrrial designs. The
damage to anyone’s computer; it commonn forms which are vulneerable to
inncludes theft
ft of a compuuter, some part
p cybercriimes are coopyright, traademark

4 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133
annd service mark. Thhe Intellectuual
Property hold der has certaain rights to use
u global concern
his property alone but iff some use thhat
riights withouut permissionn with the help
of internet, itt is known as violation of
inntellectual property
p righht in form of
cyybercrime. In this reggards software
piracy, copy yright and service maark
violation are general.
(F) Innternet time theft: Whenn someone who w
iss not authoriized to use thhe paid servvice
of internet uses
u the innternet withoout
permission off the owner, it is knownn as
innternet timee theft. Thiis is done by
gaining acceess to loginn ID and the t terrorism
password. Deewang Mehta in his boook
illlustrated a good
g case inn this regard.. In
thhat case Co olonel Bawej eja had bougght
100 hours wh hich had beeen installedd in
his computerr by a caféé owner. Affter
onne week Mrr. Baweja found fo 94 houurs
had been useed but actuaally he had not n (C) Financiaal scams and a
used those ho ours. He repported to pollice
buut police hadd not entertaained him so he
get it publish hed as new ws in Times of
Inndia. When police comm missioner reead
thhis news hee ordered to t reopen thist
caase. Subseequently poolice filed a
coomplaint forr theft as att that time I T
A 200 was not there.
Act,
3. Cybeer Crime ag gainst State or Society
(A) Cyber
C terrorissm: “Cyber terrorism is an
unnlawful attaacks and thrreats of attaack
aggainst comp puters, netwworks, and the
t many co-ordinated
innformation stored
s thereein when doone
too intimidate or coerce a governmentt or
itts people in furtherance of political or
 
social objectives".
o It is a matter
m of
c havving both, domestic
d
as well as internaational impliications.
The com mmon form of terroristt attacks
through internet is denial of service,
hate weebsites, hatee e-mails, atttack on
sensitivee computer networks
n etcc. It may
not be false
f to quotte here that terrorist
attack of
o Septembeer 11, on WTC W in
United States of America and of
Novembber 26, 20088 in India iss an live
examplee of cyber teerrorism. Noow a day
world most techhnically advanced
country are wagingg war against cyber
m.
(B) Online illegal trrafficking: Online
traffickiing is another
a kiind of
cybercriime. Online trafficking may be
in druugs, humaan beings, arms,
ammuniitions, weappons and wild w life
etc.
frauds: Cyber
financiaal crimes include cheating,
c
credit-frrauds, moneey launderiing etc.
Money laundering is i a very traaditional
crime ofo convertinng black intto white
money which invoolves physiccal cash
transfer from one place to another
place. When
W physicaal transfer of money
launderiing becamee unsafe and a not
feasible,, the use off electronic transfer
of money with thee popularisaation of
internet gained momentum. Thhere are
c d effort aree being
made at a the inteernational levell to
money laundering
l b the mennace still
but
5 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

persists in on ne form or thhe other duee to dataa interchangge and other means of ellectronic
laack of desireed cyber foreensic expertiise. commmunication,, commonlyy referredd to as
(D) Sale of illegal articles: Noow a day maany ‘eleectronic commmerce’, whhich involve the use
w
websites prooviding plattform to buyb of alternativess to paper--based methhods of
illlegal articlees like wild animals skiins, commmunication and storagge of informaation, to
narcotics, weeapons, druggs and antiquues faciilitate electrronic filing of documennts with
ettc. these aree also distingguished brannch Govvernment aggencies and further
f to am
mend the
of cyber crim me. Indiian Penal Code,
C 1860, the
t Indian Evidence
E
(E) Online
O gammbling: Onlline gambliing Act,, 1872, the Bankers Books Evidennce Act,
innvolves hug ge volumes of o transactioons 18991 and the Reserve
R Bankk of India Act, 1934
annd cash flo ows that cann obscure and a andd for mattters conneccted therew with or
disguise mo oney launndering. Here inciidental thereeto.”
players do not n deal wiith a tangibble, From m this staatement of objects it clearly
phhysical pro oduct and even physiical appears that thhe Informatioon Technoloogy Act
cuurrency doees not changge hands. As a wass primarily introducedd to facilitaate and
reesult, illeg gal proceeeds can be prom mote e-comm merce but inn subsequennt year it
laaundering by wagering them on one o brouught to light certaain lacunaae and
ennd of a tran nsaction andd receiving the
t shorrtcomings inherent therein which
payouts as gaambling winns on the othher obsttructed its smooth
s operration and thherefore,
ennd. Resultan nts as gambbling winninngs it was
w amendedd in 2002 annd again propposed to
arre tax freee in manyy jurisdictioons be amended byy the Inform mation Tecchnology
governments and authhorities oft ften (Ammendment) Bill,
B 2006 whichw was cleeared by
inncapable of monittoring theese the Parliament on Decem mber 24, 20008 and
trransactions and in this way w receeived the asssent of the President
P of India
I on
government bear b tax loss. Febbruary 5, 20009 and now it i has been enforced
e
CYBER LAW IN IN
NDIA as the
t Informattion Technoology (Amenndment)
Prior to Information Actt, 2008. The Amendmennt Act seekss to plug
n Technoloogy Act, 20000
there waas no separatte and indeppendent law the loopholes in the exxisting Infoormation
w in
Tecchnology laaw so as to make it i more
India to deal with th he problem of cybercrimme
effeective.
and all other
o compu uter related crimes which
were trieed under Indiian Penal Coode, 1860. The
T HO
OW EFFIC
CIENT IS INFORM
MATION
objectivees of the Infformation Teechnology Act,
A TEC
CHNOLOG
GY ACT 20000?
2000 as contained in the stattement of the t
objects as
a follows:- Anaalyzing all thhe provisionns of the Infoormation
Tecchnology Acct, 2000 it cannot be disputed
d
“An Actt to provid de legal reecognition forf
thatt Informatiion Technology Act, 2000
transactiions carried out by meanns of electronic
provvides variouus protectionns to IT trannsactions
6 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

but it doesn’t
d coveer all the spheres
s of the
t trannsactions onnline are noot given prrotection
informatiion technoloogy where the protectiion undder Negotiabble Instrumennt Act, 1881. Now a
must be provided. For
F example copyright and a dayy online privaacy is not fuully protected and in
trade maark violation
ns do occur on the net but
b this regard onlly Section 43 4 provides penalty
there aree not even the single provisions in for damage to computer or o computerr system
Copy Rigght Act 1957 7, or Trade Mark
M Act 19994 andd Section 72 7 providees for “breeach of
which sppecifically deals with the issue of connfidentiality or
o privacy” which talks about it
cybercrim
me. Even there
t is noo enforcement in some
s extent but doesn’t deter the viiolations
machinerry to ensuree the protecttion of domain caused in the cyyberspace.
names ono net. Traansmission of o e-cash anda

Sec 43 Damage
D to computer syystem etc. Compeensation for rupees 1 Crrore
Sec 66 Hacking
H witth intention or
o knowledgge Fine of 5 Lakh rupeee and/or im
mprisonment of 3
years
Sec 67 Publication
P of obscene material in e- Fine of 5 Lake rupeee and/or im
mprisonment of 3
form years
Sec 68 Not
N comply
ying with directions of Fine upto 1 Lakh annd imprisonm
ment of 2 yeears
controlller
Sec 70 attempting
a or securinng access to Imprisoonment upto 10 years andd fine
computeer
Sec 72 Breaking
B confidentiallity of thhe Fine uppto 1 Lakh and imprissonment uptto 2
informaation of comp
puter years
Sec 73 Publishing
P false digitaal signaturees, Fine off 1 Lakh, or imprisonmeent of 2 yearrs or
false in certain partiiculars both
Sec 74 Publication
P of Digital Signatures
S f
for Fine off 1 Lakh ruppees and Impprisonment of 2
frauduleent purpose years

Taable: Imporrtant provissions of I.T. act,

2000 related
r h cybercrimee 
with

Even thee Internet Seervice Proviiders (ISP) has

h clauuse, if he proves
p that it was com mmitted
exemptedd under Info ormation Teechnology Act,
A withhout his knnowledge orr he exercised due
2000 who
w transm
mits some third paarty diliggence to prrevent the offence.
o It’s hard to
informatiion without human inteervention. One
O provve the comm mission of offence
o as thhe terms
can easilly take sheelter under the
t exemptiion “duue diligence”” and “lack of
o knowledgge” have

7 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

not beenn defined an nywhere in the Act. And A few

w. Privacy isssues have not
n been touuched at
unfortunaately the Acct doesn’t meention how the
t all.
extra terrritoriality would
w be enforced.
e T
This 6. Another
A greyy area of the IT Act is that the
aspect is completely ignored by the Act, where me does not touch uppon any anti- trust
sam
it had coome into existence to loook into cybber issuues.
crime whhich is on thee face of it an
a internationnal
problem with no terriitorial bounddaries. 7. The
T most seerious conceern about thee Indian
Cybber law relates to its impplementationn. The IT
The Greey Areas of the
t IT Act, 2000 Actt, 2000 does not lay dow wn parameterrs for its
1. The ITT Act, 2000 is likely to cause
c a confl
flict impplementationn. Also, when internet
of jurisdiiction. pennetration in India is extremely
e loow and
govvernment andd police offiicials, in genneral are
2. Electroonic commeerce is basedd on the system
T IT Act, 2000 does not
of domaiin names. The n not very compuuter savvy, thhe new Indiaan cyber
even touuch the isssues relatinng to domain w raises moree questions thhan it answeers.
law
names. Even
E domain names haveh not beeen Infoormation teechnologies, cyber crim
me and
defined and
a the rightts and liabiliities of domain the police
name ow wners do not find any mention
m in the
t t era of thhe informatioon technology most
In the
law. of the countrries runningg in the race of
3. The IT Act, 2000 does not deal with any a techhnology to become innformation societies
s
issues cooncerning thee protection of Intellectuual likee United Stattes, Germanny, Japan, Chhina and
Property Rights in the context of the online Eurropean Natiions. In thhese counttries IT
environmment. Conten ntious yet very
v important perssonnel are more
m numeroous than succh other
issues concerningg online copyrighhts, occuupational peersons as serrvice men, inndustrial
trademarrks and patents
p havve been left l worrkers and farmers.
f In recent dayys it is
untoucheed by the laaw, thereby leaving maany obvvious becausse in IT secttor they are earning
loopholes. mucch better ass compare to other sector. IT
perssonnel are those who gather, prooduce or
4. As thhe cyber law w is growinng, so the new n
disttribute IT teechnologies from one place p to
forms off crimes and d manifestaations of cybber
otheer. These millions
m off IT personnnel are
crimes defined
d in th
he IT Act, 2000
2 are by no
mosstly highly educated annd living thhe same
means exxhaustive. However,
H the drafting of the
t
lifesstyle irrespeective of plaace. It can be
b easily
relevant provisions of o the IT Acct, 2000 makkes
it appearr as if the offfences detaiiled therein are seenn in Indiann context allso where the t new
commmunicationn technologiees such as internet,
the only cyber offencces possible and existingg.
commputers, tellephone, saatellites andd cable
5. The ITI Act, 2000 has not tackled
t seveeral television are bringing
b noticeable chaanges in
vital issuues pertainin
ng to e-com
mmerce sphere the society.
like privacy and con ntent regulattion to namee a

8 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

On one hand,
h the in
ntroduction of informatiion commmitted an offence orr about to commit
technologgies has gen nerally facillitated servicces commputer relateed crime. Accused
A haas to be
in publicc administrattion and hass benefited thet prodduced before magistratee within 24 hours
h of
quality of
o life for cittizens in alm
most all sectors arreest. Provisionns of Criminnal Procedurre Code,
like eduucation, med dicine, health, agricultuure 19773 regulate the proceduure of entryy, search
and induustry. While another hand it has h andd arrest of thee accused.
entailed a major areaa of challengges for the law
l
Prooblems undeerlying tracking of offeence
enforcingg agencies in
n form of cybber crimes.
Most of the timmes the offennders comm mit crime
Cyber crrime cell in India andd their idenntity is hardd to be iddentified.
To solvee cyber crim me cases, Indian pollice Tracking cyber criminals reequires a prooper law
developeed cyber criime investiggation cells all enfoorcing agenncy throughh cyber borrder co-
over India. These Cyberr Crime cell c operation of governmentts, businessses and
investigaates in resp
pect of casess pertaining to insttitutions of other counntries. Mostt of the
hacking, spread of virus, pornographhy, couuntries lackk skilled law enfoorcement
manipulaation of accounts, alteration of daata, perssonnel to deal
d with computer
c annd even
software piracy, creeation of fallse Web sittes, broaader Informaation technoology relatedd crimes.
printing of counterfeeit currencyy, forged vissas, Usuually law ennforcement agencies alsso don’t
theft of intellecctual propeerty, emmail takee crimes serrious, they have
h no impportance
spamminng, denial ofo access, password
p theeft, of enforcement
e t of cyber crimes,
c and even if
crimes with
w cell phones and paalmtops, cybber theyy undertake to investiggate they arre posed
terrorism
m etc.. There are certain States that has
h withh limitationn of extra-tterritorial naature of
their owwn separate cyber cells operational in crim
mes.
India.
Prooblem of cyber c
crime and
d law
Investigaations and search
s procedures enfoorcement
Section 75 of Inforrmation Technology Act, A In present deecade the new technnological
2000 takkes care off jurisdictioonal aspect of devvelopment haas attracted attention off various
cyber crrimes, and one wouldd be punishhed law
w enforcemeent agenciess to establiish new
irrespectiive of his nationality and place of insttitutions to suupervise pollice and enabble them
commission of offen nce. Power ofo investigatiion to combat
c withh the problemm of cyberccrime. In
is been given
g to police officer not below the
t this regard thhe aim of police shoould be
rank of Deputy
D Supeerintendent of
o police or any
a prevvention or prre-emption of o cybercrimme rather
officer of
o the Central Governm ment or a Sttate thann prosecuttion becauuse in caases of
Governm ment authhorised by Centtral cybercrime it is very difficult
d to punish
Governm ment. He maay enter anyy public plaace, cybercriminals because of jurisdictionaal issue.
conduct a search an nd arrest without
w warrant Todday law ennforcement agencies facing f a
person who
w is reassonably exppected to haave
9 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

number of challeng ges in its combat

c agaiinst of security
s threaats at the sam
me time by agencies
a
cybercrim
me, which caan be identiffied as follow
ws: likee hackers and crackkers etc. various
Infoormation technology methods
m havve been
First: Proocedural pro
oblem: it iss very difficcult
introduced to cuurb such desstructive actiivities to
for enfoorcement ag gencies to find out and a
summonss the cybeercriminal who w operatiing achiieve the maain objects of o the technoology to
provvide some sense
s of security to thhe users.
online.
Feww basic prom minent meaasures used to curb
Second: Laws definiing computeer offences and a cyber crimes are as follows:
the legall apparatus needed
n to probe
p criminnals
A) Encryption
using thee internet cannnot match up
u with the fast
f
This is conssidered as ann important tool for
scientificc and societaal developmeents.
protecting data in transit.
t Plaain text
Third: last but not leeast that therre is scarcityy of (readable) can
c be convverted to cippher text
well trained, well equipped invvestigators and a (coded langguage) by thhis method and the
prosecutoors to detect high tech crrime. recipient off the data can decryppt it by
To countteract these emergent
e cyyber threats, the
t converting iti into plain text again by
b using
role of the
t police in n India musst be redefinned private keyy. This waay except for the
and the police
p force should be prrofessionalizzed recipient whhose possesssor of privatte key to
to perforrm its taskss in cyber space throuugh decrypt the data, no onee can gain access
a to
various organization
o nal and structural changges the sensitivee informationn.
in orderr to re-institutionalise the existiing Not only the informatioon in transit but also
occupatioonal culturre, which is the main the informaation stored ono computerr can be
obstruction for th he police in combatiing protected by usinng Convventional
cybercrim
mes. cryptographhy method. Usual probllem lies
during the distribution
d o keys as annyone if
of
In contexxt of cybercrrime it is veery difficult for
overhears itt or intercept it can make
m the
the policce to maintaain their jurrisdiction ovver
whole objeect of encryyption to sttandstill.
cyberspaace and to exercise cyyber patrollinng.
Public key encryptograp
e py was one solution
The succcess of com mbat againsst cybercrim mes
to this whhere the puublic key coould be
depends on the support thatt enforcement
known to thhe whole world
w but thee private
agencies gets from the legal syystems and the t
key was onnly known to t receiver, its very
support of commun nity and the users of new n
difficult to derive privaate key from m public
technologgies in cyberrspace.
key.
Measurees to curb th
he crime B) Syncronisedd Passwords
Though by b passage of time andd improvement These passswords are schemes used u to
in technnology to provide
p eassier and user
u change the password at user’s and a host
friendly methods
m to the consumeer for make up token. The password onn synchronizzed card
their dailly activities, it has lead to harsh woorld changes eveery 30-60 seconds
s whiich only
10 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

makees it valid fo
or one time log-on
l sessioon. at state level witth all advanced
Otherr useful methods
m inntroduced are technological equipment to detecct cyber
signaature, voice,, fingerprintt identificatiion crimes and forf analyzingg digital evidence.
or rettinal and bioometric recoognition etc.. to 3. The police department must take initiative
i
impuute password ds. to gather thhe informattion about the t new
C) Firew
walls technologies that are being used by the
It creates wall between thhe system and a special cyber police off metro citiees as in
possiible intruderrs to protectt the classiffied Delhi, Kollkata, Mum mbai, Chennnai and
docum ments from being leakeed or accessed. Bengaluru for investtigation off cyber
It would only let the datta to flow in crimes. Theey can also take note of o other
compputer which is recognizeed and veriffied enforcemennt agencies in deeveloped
by onne’s system.. It only perrmits accesss to countries. InI this wayy they can develop
the syystem to onnes already registered
r w
with itself as a hiigh tech cyber cops.
the coomputer. 4. The local police
p statioons should keep a
D) Digittal Signaturee vigil on thee cyber cafess of their reespective
Are created by using means of localities annd they shoould ensure that no
crypttography by applying allgorithms. ThisT one could useu the cyber café withoout valid
has its
i prominen nt use in thhe business of ID proof. For thiis purposee state
bankiing where customer’ss signature is governmentt should made maandatory
identified by using this methodm befo
fore provision off registrationn of cyber caafes and
bankss enter into huge
h transacctions. surfing timee in cyber caféc should also be
restricted. Apart from m this cybber café
Conclusiion and sug
ggestion
should maintain a recoord of visittors and
In this reegard some major Insinnuations shouuld also prohibbit surfing of o porn website or
be develooped by the Police deparrtment or othher website conntaining obsccenity, terrorrism and
enforcemment agenciees to curb the
t cybercrim me other objecttionable materials.
and alsoo following g things needed
n to be 5. The policee should provide infoormation
considereed: about the precautionnary measuures to
1. Theree must be a separate cyyber crime cellc prevent cybber crime on their websitte which
with trained offficers at district level to could be acccess by thee general puublic. In
handlle the cases dealing with w compuuter this regard awareness program
p or seminar
offennces. These specially trrained officcers can be connducted by the police or o other
shoulld be efficien
nt in detectinng cybercrim
mes enforcemennt agencies through weebsite or
and be skilled in collectiion of digiital by advertiseement in eduucational insstitutions
evideence. These specially trrained officers and at other public places.
p The contact
can be
b called as ‘cyber cops’ informationn of cyber police shoould be
2. Theree must be a cyber forennsic laboratoory properly advvertised.

11 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

6. The cyber poliice must be b trained in cybercriime can be

b prevented and
handlling of latestt technologyy to investiggate controlleed.
cyberr crime so o that theyy could caarry
Refferences
forwaard the legaccy of the pollice department
succeessfully. It is also thaat the trainiing wan Duggal: Cybercrimee (2003), p. 17.
Paw 1
shoulld be in succh a way thhat they couuld Tennth U.N. Coongress on Prevention
P o Crime
of
realizze the seriou usness of cybercrime and a and Treaatment of Offfenders wass held in
give importancee to complaaints of cybber Vienna on
o April 10--17, 2000.
crimees. For thiss purpose sppecial directiion
R.K
K. Suri & T.N. Chhabra: Cybbercrime
must be given to o police offficers that thhey
(Reprintt, 2003) p.455.
shoulld properly guide thee people who w
comee with compllaint of cybeer crime. R. Nagpal: What
W is Cybber Crime? (2004),
7. The police
p mustt maintain a separate datad p.109, See
S also Drr. V. N. Paaranjape,
regarrding cyber crime that should not be Cyber Crimes
C and Law,
L ed. 20110 p. 25-
mergged with the other tradittional forms of 66.
crimee because it is very technnical matter.. In Bobbby Art Interrnational vs Om Pal Sinngh, AIR
this regard
r it is also that irrespective
i of 1996 SCC 1846; see also Samareesh Bose
rank all police officer musst be providded vs Amall Mitra, AIR R 1986 SC 9667
wirelless handsset, compuuters, mobbile
Oxfford Englishh Dictionary, 2000.
telephhones and internet too make them
proficcient in hand dling technology. Section 67 of thhe Informatiion Technoloogy Act,
8. Afterr separation of Uttarakhaand from Utttar 200 ass amended vide Infoormation
Pradeesh the number n off educationnal Technollogy(Amenddment) Act, 2008.
2
instituution and tourist places has beeen R.C
C. Mishra, Cybercrime:
C Impact in the
t New
increased in Uttarakhannd, therefo fore Milleniuum (2002) p.218.
studeents and tou urists are cooming here in
Vinnod Kumar, Winning the Battle Against
Uttarrakhand from m other place of India as
Cybercrrime; p.83, see also Drr. V. N.
well as from forreign countrries, hence the t
Panajape, Cyber Crimes
C and law,
police should be extra vigilannt and sensibble
Ed. 20010, Centrral Law Agency,
A
towarrds youth. Here
H police should takee a
Allahabad, p. 36.
reformmatory app proach towaards youth as
they are very pro one to cyberccrime and most
m Dr. V. N. Paraanjape, Cybeer Crimes and
a law,
of the victim and d offender ofo cyber crim me Ed. 20100, p. 34.
are youth.
y In co ombat againsst cyber crim me R.K
K. Suri & T.N
N. Chhabra:: Cybercrimee (2003;
the participation
p of youths can
c be a grreat Reprint)) p.572.
help.
Dr. Fred Coheen in his dooctoral reseaarch has
Considerring above suggestions
s t problem
the m of defined “computer virus” as program
p
12 
 Chhadha & Srivaastava/Vol. VI [1] 2015/1 – 133 

thhat can infeect to otherr programs by US Money Lauundering Coontrol Act, 1886 as
m
modifying th
hem to incclude repliccate amendedd in 1998; Vienna Connvention
version of itseelf. organizeed by US in 1988 declared
d
money laundering as a cybercrime.
Dr. V. N
N. Paranjapee, Cyber Crrimes and laaw,
E 2010 p. 57.
Ed. India ennacted Moneey Launderiing Act,
2002 whhich was am
mended in 20005.
Dr. V. N
N. Paranjapee, Cyber Crrimes and laaw,
McA
Afee Annuaal Reports 2014,
2 Articlee: Cyber
E 2010, Chapter IV p. 85.
Ed. 8
Pays: Thhe Hidden Truth
T Aboutt Online
Dewang Mehta: Ro ole of Policce in Trackiing Gamblinng Sites availablle on
Innternet Crim
mes(2000) p. 179. http://wwww.informaationsecuritybbuzz.co
Dorothy E. Denningg. "CYBERT TERRORISM M" m/cyberrcrime-pays--hidden-truthh-
T
Testimony beefore the Speecial Oversigght online-ggambling-sitees/
Panel on Teerrorism Committee
C on Infoormation Technology
T Amendmennt Act,
A
Armed Services U.S. House of 2004 annd 2008.
R
Representativ
ves by Georgetow wn
Infoormation Tecchnology Acct, 2000.
U
University May
M 23, 2000.
Avaailable at http://infosec
h cawareness.inn/cyber-
http://ww
ww.cs.georgeetown.edu/~ ~denning/info
fos
crime-ceells-in-india
ecc/cyberterrorr.html , see a
also
htttp://www.crrime- C. Chaubey: An Introoduction too Cyber
R.C
reesearch.org/llibrary/Cybeer- Crime and
a Cyber Law,
L 2008 p. 776-
teerrorism.htm
ml 778.
James R
R. Richards : Transnatiional Criminnal
O
Organisations
s, Cyber Crim
me and Monney
L
Laundering (1999) p.44

13