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CYBER CRIME IN INDIA

A Dissertation Submitted to
MATS Law School,
MATS University, Raipur (C.G)
In partial fulfillment of the requirement for the
Degree of LLM

Submitted By
Abhay Pratap Singh
MU18LLMA015

Submitted To
Dr. Shraddha Pandey
Professor Law Department
DECLARATION

I, Abhay Pratap Singh, student of LLM, Enrollment no MU18LLMA015,


final year of MATS Law School, MATS University, Raipur, do hereby declare
that, this dissertation paper "Cyber Crime in India" is the outcome of my own
efforts, under the guidance and supervision of Assistant Professor Dr. Shraddha
Pandey, MATS Law School, Raipur and no part of this dissertation has been
copied in any unauthorized manner and no part of it has been incorporated with
due acknowledgment.

Date: ABHAY PRATAP SINGH


Place: Raipur (C.G.) MU18LLMA015
CERTIFICATE
This is to certify that dissertation entitled "Cyber Crime in India" which is
being submitted by Abhay Pratap Singh for the award of the degree of LLM is
independent and original research work carried out by her.

The dissertation is worthy of consideration for the award of LLM Degree of


MATS Law School, MATS University, Raipur.

Abhay Pratap Singh has worked under my guidance and supervision to fulfill all
requirements for the submission of this dissertation. The conduct of research
scholar remained excellent during the period of research.

Date: S/d
Place: Raipur (C.G.) Anindhya Tiwari
Head of Department
MATS Law School
MATS University Raipur (C.G.)
ACKNOWLEDGEMENT
I would like to take this opportunity to express my deep sense of gratitude to
Assistant Professor Dr. Shraddha Pandey, MATS Law School, for his constant
support and encouragement provided to me to march ahead with this
challenging topic. He was kind enough in sorting out every difficulty while
preparation of this dissertation and has lent me his valuable time to give all
important suggestions and ideas regarding the same.

I am deeply indebted to Assistant Professor Dr. Shraddha Pandey, MATS Law


School, for constantly guiding and encouraging me to undertake and complete
this dissertation. I am thankful for his patient disposition and unconditional
support throughout my project.

I am also thankful to all the faculty members of MATS Law School for their
guidance in my dissertation. Their keen interest and appreciation has been key
to success in completion of my dissertation.

I also thank all those who knowingly or unknowingly helped me in completion


of my work. An additional measure of thanks is due to my parents for their
inspiration, help, blessings and love; siblings and pals who have played a very
important role at every stage of this dissertation.

Place: Raipur (C.G.) Signature of the Student


Date:
ABBREVIASTIONS
1) WWW - World
I.P. - Internet protocall
hptt -
E-Mail - Electronic mail
U.S. - United State
URL - Uniform Resource Locator
E-buss - Electronic Business
E-Comm - Electronic Commerce
E.Govn - Electronic Governance
10) NCRB - National Crime Records Bureau
IT - Information Technology
IPC - Indian Penal Code
C-DAC - Center for Development of Advanced Computing
CBI - Central Bureau of Investigation
RBI - Reserve Bank of India
UN - United Nation
DOE - Department of Electronic
WTO - World trade organization
RCAI - Roof Certificate Authority of India
20) NRDC - National Repository of Digital Certificate
CCA - Controller of Certifying Authority
CA - Certifying Authority
CPS - Certification Practice Statement
RA - Registration Authority
MTNL - Mahangar Telephone Nigam Limited
TCS - TATA Consultancy Services
26) PSU - Public Sector U
EDI - Electronic Data interchange
COD - Cash on Delivery
1) RESEARCH QUESTION-
The Research work on This Topic is chosen to analyze and to
determine about cyber Crime In this present era all of us surrounded by
Computer Science and Information technology.
The paper would like to draw attention on Cyber Crime in India
perfective in I.T. Act 2000.
Specifically it is worth investigation the following question.
1) Whether the present Laws are sufficient to Control cyber Crime.
2) What are the effects of cyber Crime/fraud on E-commerce.
2) Research objective-
The research work is to analyze and to determine the scope of
cyber Law in India. In present time every institute of Government Sectors
& Private Sectors Maximum works depends on Internet that’s why cyber
Security awareness should be an important because it encompasses
everything that pertains to protecting our sensitive information
intellectual property & Governmental information.

3) Hypothesis
Internet and Computer crimes will always involve some type of computer- security
breach. “computer-security breach” and “computer crime” are not synonymous. They
are related concepts, but not identical ones. When computer professionals begin
working with computer crime and forensics, they often make the mistake of assuming
the two terms mean the same thing. The earliest days of computer crime, the 1960s
and 1970s, were very insignificant from a computer- crime perspective. The
majority of incidents were actually just pranks played on computer systems causes
minimal damages. There were actually few laws against such activities, so they
literally were not construed as crimes. The entire purpose of hacking, in those days,
was simply to understand a given system.
A major reason for lesser computer crime during this period was a lack of widespread
access to computers and networks. In those ‘prehistoric’ days of computer
crime, there was no wide spread public access to networks, no Internet, and no laws
regarding computer activities. In fact, the only people who had any access to
computers and networks tended to be university professors, students and researchers.

4) Research Methodology

The Cyber crimes in the 21st century saw organized crime embrace the Cyber world in a
significant way. The Internet has become a hotbed of organized criminal activities, and
criminal groups are using cyberspace in every see organized criminal groups using the
Internet for money laundering and identity theft. And it does not take a very computer-savvy
person to find prescription for painkillers on the Internet, or to find ads for “escort services”.
Drug dealer and Prostitution now have an Internet component. The 21st century has
witnessed Internet that is replete with all manner of computer crimes. There are now even
seeing organized groups of hackers utilize their skills to provide services for other criminals
such as stolen identities, money laundering, and assistance with computer-based crimes. In
June of 2002, Russian authorities arrested a man they accused of being a cyber spy for the
CIA. They accused him of hacking into systems of the Russian Domestic Security Service
(FSB) and gathering secrets, which he then passed on to other countries.

Like traditional crimes, when one frequents high-crime areas, one is just as likely to become
a victim of a crime. Of late many educated people are becoming victims of fictitious mail and
SMS which attract them by saying people won in the Lotteries, selected as the best
customers, they would transfer the unaccounted money to account for conversion etc., and
exploiting the public.