Offenses committed through computers, the Internet, digital devices, the World Wide Web, etc., can be punished with a fine to life imprisonment. Security and investigative agencies around the world are taking cyber crimes very seriously. In such cases, the Information Technology Act 2000 and the Information Technology (Amendment) Act 2008 are applicable, taking into account other aspects of the matter, including the Indian Penal Code (IPC), the Copyright Act 1957, the Companies Act, the Official Secrets Act and even That in rare cases anti-terrorism laws can also be invoked. In some cases, the IT Rules 2011 issued separately by the IT Department of the Government of India are also applicable. There is also a reasonable provision in the law to protect innocent people from conspiracy complaints. Still, computer, telecommunication, and internet users should always be alert that no cybercrime is being committed by them knowingly or unknowingly.
#1.IPR (Intellectual Property) Violation
Indian cyber laws do not have separate provisions for stealing and publishing unauthorized content from others on the web, but there is a provision for action under customary laws. Using books, articles, videos, images, audio, logos, and another creative material without permission is unethical and illegal. In addition, piracy of software, infringement of trademarks, theft of computer source code, and infringement of patents also come under the purview of this crime.
Law - Section 14, 63 B of the Copyright Act 1957
Punishment:- Imprisonment for seven days to three years and a fine of Rs 50,000 to Rs 2 lakh.
#2.Theft of data
Theft of personal or confidential data(s) from any technical system of any other person, organization, etc. If you have authorized access to an organization's internal data, but you use your legitimate access with the intention of unlawful misuse without that organization's permission, that will also be covered. There have also been cases of theft of people's data in call centers, organizations with information of others, etc.
Law - Section 43 (B), Section 66 (E), 67 (C) of the IT (Amendment) Act 2008 - Section 379, 405, 420 of IPC - copyright law
Punishment: Imprisonment up to three years and fine up to two lakh rupees, depending on the gravity of the offense.
#3.Harass
Cases of harassing children or women through social networking websites, e-mails, chats, etc., keep coming up now and then. Sending obscene or threatening messages or harassing in any form through digital means comes under the purview of cybercrime. They are spreading rumors (as in the case of people from the Northeast), spreading hatred or defamation against someone with malicious intent.
Law - Section 66 (A) of the IT (Amendment) Act 2009
Punishment: Imprisonment up to three years and fine
#4.Identity theft
You are using someone else's identity data, secret information, etc. For example, some people use others' credit card numbers, passport numbers, Aadhaar numbers, digital ID cards, e-commerce transaction passwords, electronic signatures, etc., to do shopping, withdrawals, etc. When you commit or take advantage of a crime by pretending to be someone else, it is subject to identity theft.
Law - Section 43, 66 (c) of the IT (Amendment) Act 2008 - Use section 419 of IPC is possible.
Punishment: Imprisonment for up to three years and a fine of up to one lakh rupees.
#5.Hacking
Hacking means unauthorized access to a computer, device, information system, or network and tampering with data. This hacking can also happen through physical access to that system and also through remote access. The result of such hacking doesn't need to be harming that system. Even if no harm has been done, intrusion comes under cybercrime, for which there is a provision of punishment.
Law - Section 43 (A), Section 66 of the IT (Amendment) Act 2008 Action is possible under sections 379 and 406 of IPC.
Punishment:- Imprisonment up to three years and fine up to five lakh rupees on conviction of the offense.
#6.Pornography
Pornography includes photos, videos, text, audio, and material that is sexual and based on sexual acts and nudity. The Prevention of Pornography Act applies when such material is published electronically, sent to someone, or posted or transmitted by someone else. Those who create nude or obscene videos of others or create MMS and share them through electronic means send nasty messages to someone against their will; they also come under its purview.
Exception: It is illegal to publish and transmit pornography to others by electronic means, but it is not illegal to watch, read, or listen to pornography, but viewing child pornography is also prohibited. Proper material prepared in the public interest for works related to art, literature, education, science, religion, etc., is not considered illegal.
Law - Section 67(a) of the IT (Amendment) Act 2008 - IPC sections 292, 293, 294, 500, 506 and 509
Punishment: Imprisonment up to five years and fined up to ten lakh rupees on the first offense, depending on the gravity of the crime. For a second mistake, the prison sentence is seven years.
#7.Child Pornography
The law is even more stringent in such cases. They publish or transmit anything in electronic format to children in a sexual act or show them naked. The law states that those who create, collect, locate, view, download, advertise, promote, transact with, or share child pornographic material, So that to is illegal. Seducing children into online relationships, then having sex with them or recording sexual activity involving children, creating MMS, sending it to others, etc. Here children mean - people below the age of 18 years.
Law - Section 67 (B) of the IT (Amendment) Act 2009, Sections 292, 293, 294, 500, 506 and 509 of the IPC
Punishment: Imprisonment for five years and fined up to ten lakh rupees on the first offense. Imprisonment up to seven years and fine up to ten lakh rupees for the second offense.
#8.E-mail Spoofing and Fraud
This includes sending e-mails to others for a malicious purpose using the e-mail address of another person. This type of fraud is more commonly used to spread hacking, phishing, spam, and virus spyware. Their goal is to deceive the recipient of the e-mail and get his confidential information. Such information can include bank account number, credit card number, password of an e-commerce site, etc.
Law - Section 77B of the IT Act 2000 - Section 66D of the IT (Amendment) Act 2008 Sections 417, 419, 420, and 465 of IPC.
Punishment: Imprisonment for up to three years and fine.
#9.Virus-Spyware Spread
People ignore the eradication of viruses and spyware in the computer. Through their computer, these viruses reach others. Viruses also spread through hacking, downloads, internal corporate networks, Wi-Fi connections, and unsecured flash drives, CDs. There is an entire industry of criminals making viruses against whom strict action is taken. By the way, ordinary people can also come under the purview of the law, if due to their carelessness, a dangerous virus reaches someone's system and causes great harm.
Law - Section 43 (c), Section 66 of the IT (Amendment) Act 2008 - IPC section 268 - Section 66 (f) related to cyber terrorism also applicable (non-bailable) on viruses spread to threaten the security of the country.
Punishment: Life imprisonment in cases related to cyber-war and cyber-terrorism. Imprisonment up to three years and acceptable in other cases.
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