APresentation

On“Cyber Crime Laws and

Cases related to it in India.”

Presented By:

RAHUL VAGHELA

ARPAN SHAH

What is Cyber crime???

• Cyber crime is simply defined as crimes that aredirectly related to computers and usingcomputers.

• An increasing number of domestic andinternational criminal activities are using theInternet. Computers and other electronicdevices can be tools to commit crime or aretargeted by criminals. A personal computerconnected to the Internet without protectionmay be infected with malicious software inunder a minute.

• Cybercrime has been used to describea wide range of offences, includingoffences against computer data andsystems (such as “hacking”), computer-related forgery and fraud (such as“phishing”), content offences andcopyright offences (such as thedissemination of pirated content).

Cybercrime is one of the fastest-growing criminal activities on theplanet. It covers a huge range ofillegal activity including financialscams, computer hacking, virusattacks, stalking by e-mail andcreating websites that promoteracial hatred.

Denial of service

Malware

Computer Viruses

Transmission of indecent material

Harassment (sexual, racial, religious etc.)

Computer Vandalism

Transmission of harmful programs

Terrorize internationalGovt.

Cracking into military maintained website

4

WHO ARE CYBER CRIMINALS?

Kids (age group 9-16 etc.)

Organized hack activists

Disgruntled employees

Professional hackers (corporate espionage)

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.

Cyber Crime In India

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.

Cyber Laws in IndiaUnder The InformationTechnology Act, 2000

CHAPTER XI – OFFENCES – 66. Hacking withcomputer system.

(1) Whoever with the Intent to cause or knowingthat he is likely to cause Wrongful Loss orDamage to the public or any person Destroys orDeletes or Alters any Information Residing in aComputer Resource or diminishes its value orutility 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.

Cyber Laws

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 andthe safety of their personal information online.

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.

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.

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.

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, afirst year college dropout, along with his brother Jayaraj had allegedlyduped at least 50,000 people of Rs.400 million, said officials in thecity police's Economic Offences Wing (EOW).

The two brothers along with Gala allegedly took help of SMStechnology and launched the first-of-its-kind SMS fraud in India.

As part of the attractive scheme, the Nadar brothers messagedrandom numbers, asking people interested in 'earning Rs.10,000 permonth' to contact them.

"Interested 'subscribers' were asked to deposit Rs.500 each. Theconmen duo claimed to be working with a US-based company namedAropis Advertising Company, which wanted to market its client'sproducts through SMS'," senior inspector A Thakur said.

The brothers are said to have told the subscribers that their Americanclients wanted to conduct a study about local response to theiradvertisement and were using SMS as it was the latest medium ofcommunication.

"The brothers led an extravagant life. They would stay in top five starhotels, throw massive parties for investors and were also known facesin the city's Page-3 circuit," Thakur revealed.

Gala, who is believed to have looked after the accounts, and Jayanandhave been remanded to police custody till March 5."

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 NRIsto send Sony products to their friends and relatives in India after they payfor it online.

The company undertakes to deliver the products to the concernedrecipients. In May 2002, someone logged onto the website under theidentity of Barbara Campa and ordered a Sony Colour Television set and acordless head phone.

At the time of delivery, the company took digital photographs showing thedelivery being accepted by Arif Azim. The transaction closed at that, butafter one and a half months the credit card agency informed the companythat this was an unauthorized transaction as the real owner had deniedhaving made the purchase.

The court, however, felt that as the accused was a young boy of 24years and a first-time convict, a lenient view needed to be taken. Thecourt 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 hasshown that the the Indian Penal Code can be effectively applied tocertain categories of cyber crimes which are not covered under theInformation Technology Act 2000. Secondly, a judgment of this sortsends out a clear message to all that the law cannot be taken for aride.

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.

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.

Believing that it was a genuine offer from the telecom company inquestion, several lakh subscribers logged on to the site to get backthat little money, but in the process parted with their PINs.

Meanwhile, Manwani also managed to generate 30 plastic cards thatcontained necessary data to enable him to break into ATMS. He wasso enterprising that he was able to sell away a few such cards to hiscontacts in Mumbai. The police are on the lookout for those personstoo.

On receipt of large-scale complaints from the billed credit card usersand banks in the United States, the FBI started an investigation intothe affair and also alerted the CBI in New Delhi that the internationalgang had developed some links in India too.

Manwani has since been enlarged on bail after interrogation by theCBI. But the city police believe that this is the beginning of the end ofa major cyber crime.

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