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Cyber law in india: guardian of the digital realm.

In this digital and technology paced age, where Artificial Intelligence and Technology plays a significant role in our daily lives, there is a growing necessity of establishing laws to regulate the online world. As India moves forward in adopting technologies towards its’s realisation of the “Digital India” scheme, there is requirement of robust legal measures and frameworks to safeguard individuals, enterprises and the nation from the diverse risks that come with the digital age. In this blog, we will be discussing cybercrimes, cyber laws – its types, importance and objectives with a tabular differentiation between cybercrimes and cybersecurity.

Cybercrimes and types of cybercrimes

Cybercrime involves unlawful human actions conducted through computers, networks and/or the internet. These illegal activities can be aimed at individuals, businesses or governmental bodies with the goal of causing system disruptions obtaining data or engaging in schemes. There are numerous crimes associated in the cyber world, like: –

Breach of Cybersecurity :

A breach incident in cybersecurity occurs when an individual or organisation obtains unauthorized access, to computer systems or networks and such unauthorised access leads to data theft or operational disruptions. These incidents encompass a variety of forms such, as data breaches, ransomware attacks, cyber terrorism and supply chain infiltrations.

Cyber Threats:

Cyber threats refer to the illegal acts of hackers whose primary goals are to disrupt the computer network, harm the computer systems and/ or engage in malpractices on those devices. Examples include, but are not limited to Trojan attacks, Advanced Persistent threats (ATPs), phishing activities like fraudulent emails and messaging to trick individuals.

Digital Content Offenses and Cyberbullying & Harassment:

This category encompasses the creation or distribution of hateful content online. Digital content offenses include a wide range of activities, including, but not limited to identity theft, cyberbullying, phishing, child pornography, cyberstalking, morphing, hate speech and others. The Information Technology Act (IT Act) and the Indian Penal Code have specified punishment for each of such types of terrible acts.

Fraudulent Activities in the Cyberspace :

Credit card, OTP scams have taken over the world. These involve deceiving individuals or organizations, with the intention of obtaining electronic signatures, money or personal information. This also includes identity theft, investment frauds and Aadhar card frauds are on the rise in India.

What is Cyber Law?

Cyber law or information technology law involves studying matters related to using the internet electronic devices, for communication and computer networks. This field addresses topics such as agreements, digital crimes, data protection, privacy rights, jurisdiction in cyberspace and legal principles in the digital realm. Its significance lies in safeguarding the rights of people and businesses to maintain a trustworthy online space.

Cyber Law in India

In the age of India’s rapid development, cyber law has become an essential aspect of the legal framework. It covers a range of legal matters in the digital realm related to the use of electronic devices, computer networks and the increased use of social media. It plays an important role in protecting the rights of individuals and organizations in the world ensuring a safe and reliable online environment.

Information Technology Act, 2000 (IT Act):

The IT Act in India serves as the foundation of cyber law and covers types of cybercrimes, imposes punishments for crimes involving unauthorized accessing into computer systems stealing data, hacking, cyberterrorism and spreading inappropriate or offensive material on the internet.

The Digital Personal Data Protection Act, 2023 (DPDPA):

DPDPA focuses on regulating data collection, processing, storage and usage while bolstering privacy safeguards with an emphasis on securing minor consent through the permission of guardian.

Measures pertaining Cybersecurity

India has made huge strides in cybersecurity by establishing the National Cyber Coordination Centre (NCSC) and the Indian Computer Emergency Response Team (CERT In) to combat cyber threats, data breaches and to improve cybersecurity resilience. The IT Act mandates companies and organisations to report data breaches within a 6-hour window of noticing such data breach to CERT In for investigation and response to cyber-attack.

Cybercrime Investigation :

Specialized cyber cell units within the police force have been set up specifically for investigating and prosecuting cybercrimes efficiently. The Digital India Initiative by the Government needs to be applauded for the sound implementation of this initiative.

Importance of Cyber Law

The field of cyber law plays a very crucial role, in today’s digital era. Its significance arises from the increasing reliance on internet and computer networks across various aspects of our everyday lives ranging from personal interactions to businesses. The importance is highlighted below: –

Preserving Individual Rights: Cyber law serves to safeguard rights such as privacy, identity and property within the realm of the world. It helps to block entry to data, safeguards against cyberbullying and dangers online and secures intellectual assets from being violated.

Fighting Cybercrime: Cyber Laws are preventive and protective regulations pertaining to cyberspace crimes. They set out punishments for crimes such as hacking, phishing, data and identity theft, cyberbullying and online fraud. These laws also outline procedures for catching and punishing criminals and hence are aimed to prevent unlawful activities and hold individuals accountable for their wrongful actions.

Strengthening Cybersecurity: Within the domain of cyber law lie frameworks that aim to protect infrastructure encompassing computer networks, data storage systems and online services. It mandates cybersecurity measures, promotes secure practices and facilitates cooperation in combating cyber threats. Examples are Computer Emergency Response Team (CERT-In) Directions to protect data theft.

Types of Cyber Laws

Cybercrimes laws:.

The Information Technology Act addresses types of crimes such, as hacking into computer systems spoofing, altering source documents sharing content cyber stalking and more. These offenses are categorized as cybercrimes against individuals and cybercrimes, against property.

Cybersecurity laws:

Cybersecurity primarily aims to safeguard systems such, as computer networks, data storage platforms and internet services against cyber threats. Legal guidelines and regulations in cyber law provide the foundation for enforcing strategies like incident response plans such, as those outlined in the IT (The Indian Computer Emergency Response Team) Rules of 2013.

Data Privacy and Protection:

Data protection involves the management of data, how it is gathered, stored, utilized and transferred globally. Cyber law oversees these operations by setting out rules to safeguard the confidentiality and integrity of details. The Digital Personal Data Protection Act of 2023 (DPDPA), along with the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, from 2011 (SPDI rules) are aimed at safeguarding individuals’ privacy and preventing access or misuse of their information. The notion of “Consent” holds importance in this context.

Objectives of Cyber Law

Cyber law has numerous objectives all with the purpose of establishing an environment that is safe secure and reliable, for individuals, organizations and nations. Few advantages of cyber law and its objectives have been enumerated below: –

Preserving Privacy: Cyber law ensures that individuals privacy rights are protected in the world by ensuring collection, storage and proper processing of personal data.

Shielding Identity: Cyber law acts as a safeguard for Individuals identities by preventing unlawful access, theft or misuse of identity. This protection helps prevent impersonation and identity fraud.

Preventing Cybercrime: Cyber law defines boundaries and penalties, for cybercrimes. By doing it discourages individuals from participating in malicious and unlawful activities online.

  Difference between Cybercrime and Cybersecurity

How to protect yourself on the Internet?

1. Use Anti-virus software- Antivirus programs are designed to identify and eliminate suspicious software that can pose a threat, to your device and compromise its security. It’s important to scan your devices for viruses and malware to ensure that they remain safeguarded.

2. Use strong passwords and 2 factor authentications: It’s very necessary to prioritize passwords and multi factor authentication to protect your accounts from unauthorized access. Avoid using information such, as birthdays, names or common words, in your passwords. Instead opt for a combination of upper- and lower-case letters, numbers and symbols to create strong unbreakable passwords.

3. Be cautious of sharing information and the content you post : Phishing scams are frequently utilized by cybercriminals to deceive people into exposing information or clicking on links. It’s important to be cautious of emails those containing attachments or links. Limit the amount of information you share online on social media platforms. Refrain, from disclosing details such, as your home address or phone number.

Books to Gain More Knowledge

“ cyber law ” by dr pavan duggal.

This in-depth commentary provides a clear and concise knowledge of the Information Technology Act, 2000 (IT Act). The commentary discusses a range of subjects including the guidelines, rules, policies and notifications established within the Act. Over the years we have seen remarkable advancements in cyber law principles. The field of Cyber law has advanced swiftly and developed dynamically. Subsequently, the commentary aims to explore, dissect and assess numerous sections of Cyber law present in India and how they relate to various human’s actions.

“ Information Technology Law and Practice ” by Vakul Sharma and Seema Sharma

This eighth edition of Information Technology: Law and Practice is a treasure trove of section-wise commentary that captures the journey of the Act. It has a lucid language with concept notes, illustration, anecdotes, and diagrams. It contains landmark judgments related to Privacy, Freedom of Speech and Expression, Defamation, Child Pornography, and so on. It also contains comparative analysis of related provisions in different jurisdictions to get an overview of the subject.

“ Computers, Internet, and New Technology Laws ” by Karnika Seth

This comprehensive resource is an explainer on all the latest national and international regulations, case laws, concept notes and emerging trends that have shaped the digital laws realm. The book revolves around the emerging crimes such as phishing, online trolling sexting, and revenge porn. The resource is dynamic and will empower a wide range of readers including judges, legal professionals, privacy individuals, cyber-crime lawyers, IT-ITES Experts, international organisations and companies and will help them gain practical guidance.

As the digital world continues to evolve, cyber laws have a huge impact in protecting the rights, security of individual’s organizations and nations. The objective of cyber law is diverse including safeguarding rights as well as deterring and prosecuting cybercrime. The IT Act has been instrumental in addressing the emerging challenges posed by cyber threats and stands as a testament to the Digital India Scheme while also promoting a safe digital environment within our country. Therefore, cyber law stands as a foundation in the digital realm by providing a legal framework to tackle the complex challenges and opportunities that arise from the ever-dynamic technological landscape.

• How many cyber laws are there in India?

There are 2 key legislations- Information Technology (IT) Act, 2002 and the Digital Personal Data Protection Act (DPDPA), 2023

• What is meant by cyber law?

It is a field of law which caters to the growing needs of the digital world and governs computer networks and programs.

• Who is the father of cyber security?
• Which is the main cyber law in India?

The Information Technology (IT) Act, 2002

• Who introduced cyber law in India?

Department of Electronics and after that Ministry of Information Technology (IT)

• What are the cyber law examples?

Information Technology (IT) Act, Computer Emergency Response Team (CERT-In) Directions

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Laws Relating to Cyber Crimes: Theories and Legal Aspects

8 Pages Posted: 12 Nov 2017 Last revised: 7 Aug 2021

O.P. Jindal Global University

Date Written: October 12, 2016

This paper mainly deals with the laws relating to the cyber crimes in India. The objectives of this research paper are four-fold: firstly, to analyze the concept of jurisdiction and the various theories to determine jurisdiction in cases where such offences are committed relating to cyber crimes; secondly, to analyze the jurisdiction theories applicable under Cybercrime Convention; thirdly, to analyze the jurisdiction theories applicable under the Information Technology Act, 2000; and fourthly, to analyze whether there can be one jurisdiction theory that may globally be applicable to all cyber crimes. For the sake of convenience, this research paper has been divided into five parts.

Suggested Citation: Suggested Citation

Aqa Raza (Contact Author)

O.p. jindal global university ( email ).

Sonipat Narela Road, Near Jagdishpur Village Sonipat, Haryana 131001 India

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Research Paper and Dissertation topics for cyber law in India

Research Paper and Dissertation topics for cyber law in India: in this article we are proving some Research Paper and Dissertation topics for cyber law in India:

30 dissertation topics for cyber law in India: 1. “Legal Framework for Cybersecurity in India: Challenges and Prospects” 2. “Cyber Threats and National Security: An Indian Legal Perspective” 3. “Data Protection Laws in India: A Comparative Analysis with GDPR” 4. “Social Media and Freedom of Expression: Balancing Rights in Indian Cyber Law” 5. “Enforcement of Cybercrime Laws in India: A Critical Assessment” 6. “E-commerce and Consumer Protection: Legal Issues in India” 7. “Online Privacy and Consent: Compliance with Indian Data Protection Regulations” 8. “Regulation of Online Marketplaces in India: A Legal Examination” 9. “Cybersecurity Incident Response and Legal Preparedness in India” 10. “Cyber Espionage and International Law: An Indian Context” 11. “Regulation of Virtual Currencies and Initial Coin Offerings in India” 12. “Legal Aspects of Artificial Intelligence in Indian Cyber Law” 13. “Digital Forensics and its Role in Cybercrime Investigations in India” 14. “Intellectual Property Rights in the Digital Age: Challenges and Solutions in India” 15. “Online Dispute Resolution and Alternative Dispute Resolution in E-commerce” 16. “Hate Speech and Cyber Hate Crimes: Legal Responses in India” 17. “Privacy Rights of Children in the Digital Space: A Legal Perspective in India” 18. “Legal Implications of Cloud Computing Services in India” 19. “The Dark Web and the Indian Legal Framework: A Comprehensive Study” 20. “Cybersecurity Regulations for Critical Infrastructure in India” 21. “Online Intellectual Property Infringements: Challenges and Remedies in India” 22. “Legal Framework for IoT Devices and Security in India” 23. “Cyber Insurance and its Role in Mitigating Cyber Risks in India” 24. “Legal Aspects of Biometric Data Privacy in India” 25. “Blockchain Technology and Smart Contracts: Legal Implications in India” 26. “Law Enforcement and Cybercrime Investigations in India: A Comparative Study” 27. “Cyber Sovereignty and International Jurisdiction: An Indian Perspective” 28. “Legal Challenges of Online Gaming and Gambling in India” 29. “Legal Aspects of Data Breach Notification Laws in India” 30. “Cyber Law Education and Capacity Building in India: A Comparative Analysis” These topics cover a wide range of issues related to cyber law in India, and you can choose one that aligns with your interests and expertise.

Research Paper topics for cyber law in India

20 research paper topics for cyber law in India: 1. “The Impact of the Personal Data Protection Bill on Data Privacy in India.” 2. “Legal and Ethical Challenges in Combatting Online Hate Speech in India.” 3. “Cybersecurity and Critical Infrastructure Protection in the Indian Context.” 4. “Regulatory Framework for Cryptocurrencies and Blockchain Technology in India.” 5. “Challenges in Investigating and Prosecuting Cybercrimes in India.” 6. “E-commerce Regulations and Consumer Rights in India.” 7. “The Right to Be Forgotten in India: Balancing Privacy and Freedom of Expression.” 8. “Cybersecurity and the Role of Government Agencies in India.” 9. “Digital Currency and Legal Implications in India.” 10. “Emerging Threats: A Legal Analysis of Ransomware Attacks in India.” 11. “Legal Challenges in Regulating Social Media Platforms in India.” 12. “Cyber Insurance: Trends and Regulatory Considerations in India.” 13. “Data Localization Laws in India: Implications for Businesses and Individuals.” 14. “Ethical Hacking and its Legal Framework in India.” 15. “Online Child Safety and Legal Protections in India.” 16. “IoT Devices and Privacy Concerns in Indian Cyber Law.” 17. “Intellectual Property Rights and Digital Piracy in India.” 18. “Legal Aspects of AI and Machine Learning in Cyber Law in India.” 19. “Legal Responses to Cyberbullying and Online Harassment in India.” 20. “Digital Evidence and its Admissibility in Indian Courts.” These topics offer a diverse range of subjects within the field of cyber law in India, and you can explore them in-depth for your research paper.

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Significance of Cyber Law in the Indian IT Sector

Cyber law is crucial in creating regulations in the indian it sector, maintaining security, supporting innovation, and building trust in digital transactions..

It is crucial to update cyber law to tackle new difficulties as the Indian IT sector expands and develops. New advancements emphasize the necessity for implementing new strategies to improve cyber security, safeguard intellectual property, and promote creativity in the digital environment.

1. Introduction

Cyber law, or information technology law, governs the internet, computer systems, and cyberspace. It regulates electronic transactions, data security, and electronic commerce. As e-commerce grows, it's crucial to establish proper regulations to prevent malpractices. Cyber security laws vary across countries and address a range of cyber crimes, including unauthorized access, identity theft, cryptojacking, and child pornography. Like other nations, India recognizes the importance of cyber security for promoting e-commerce, granting legal recognition for digital signatures and e-documents, preventing cyber crimes, and safeguarding confidential digital data. Technology's rapid progress is integrating into our daily lives, resulting in positive and negative repercussions.

The internet is a significant driving force behind these improvements. It has dramatically transformed global and local relationships since numerous countries have shifted from conventional communication methods to digital platforms. These platforms provide various services, such as passport applications and financial transactions, which internet-connected PCs, tablets, and smartphones may access. Despite the advantages, a negative aspect is marked by cyber terrorism, threats, espionage, and warfare. These pose substantial hazards to personal privacy and national security, as attackers aim to exploit crucial information owned by individuals, businesses, and governments.

Cyber threats, ranging from minor crimes to major conflicts, can disrupt social order and create widespread panic. Cyber attacks are becoming more complicated despite improvements in technology protection. Nations have adapted to the changing landscape by creating cyber armies in addition to their traditional armed formations as the focus has moved from physical to virtual arenas. Existing regulations and legislation regarding cyber forces must adapt to effectively tackle the distinct issues cyber warfare presents. While domestic laws regarding cyberspace differ, there needs to be more unified, internationally applicable regulations for cyber warfare.

This study intends to investigate current legal frameworks, rules, and manuals that are specifically designed for cyber warfare. The goal is to analyze the current situation comprehensively and suggest possible paths for international collaboration and regulation in this area. The chapter's primary goal is to explore the perspectives on cyber warfare laws and regulations. It tries to analyze existing legal frameworks and provide ways for improved global cooperation and regulation in cyber warfare. The rapid growth of the Indian IT sector has transformed how we conduct business, communicate, and interact online. In this dynamic environment, cyber law serves as a protective shield, addressing legal challenges arising from digital transactions, cyber crimes, and data breaches.

2.1 The historical development of Cyber Law and its progression within the Indian IT Industry

Cyber law originated from the fast spread of digital technologies and the rise of the internet in the late 20th century. As the Internet became widely used for communication and business on a worldwide scale, it became clear that existing legal systems were not suitable for dealing with the specific issues presented by the online world (Smith, 2019). Cyber law emerged as a unique topic covering many legal matters related to cyberspace and electronic communication.

In India, the development of cyber law can be linked to the passing of the Information Technology Act 2000 (IT Act) . The IT Act, a significant law, established the legal structure for e-commerce, electronic governance, and cyber crime in India. The law acknowledged electronic records and digital signatures as legally binding and set guidelines for verifying and overseeing electronic transactions (Gupta & Singh, 2020). The IT Act included measures to tackle cyber crimes like hacking, data theft, and cyber terrorism, establishing the basis for enforcing cyber laws in the country.

As the Indian IT sector grew and changed, the necessity for thorough cyber law rules became more evident. The rise of cloud computing, social media, and mobile technology has led to new legal issues such as data privacy breaches, online defamation, and intellectual property infringement. In 2008, the Indian government revised the IT Act to include measures on data protection, intermediary liability, and cyber forensics to meet international standards. Specialized institutions like the Indian Computer Emergency Response Team (CERT-In) and the National Cyber Crime Reporting Portal have played a crucial role in enhancing India's cyber law enforcement and cyber security infrastructure. The programs were designed to improve collaboration among law enforcement agencies, raise public awareness of cyber dangers, and streamline the reporting and investigation of cyber crimes.

2.2 What is Cyber Law?

Cyber law, often known as internet law or digital law, is the legal framework that governs activities online. The topic covers cyber security, data protection, electronic commerce, intellectual property rights, and online privacy (Smith, 2019). Cyber law evolves to regulate new technology and meet legal concerns in the digital environment. Cyber law establishes rules and regulations to hold individuals accountable and provide legal remedies for any breaches in cyberspace. This helps uphold order and enable the efficient operation of digital transactions (Gupta & Singh, 2020).

2.3 Importance

It is important because it can deal with specific legal issues in the digital world. Conventional legal systems frequently find it challenging to adapt to the swift progress in technology and the intricacies of the digital realm. Cyber law addresses this issue by creating special laws and regulations for the digital realm to protect the rights and interests of those involved (Mishra & Verma, 2021). Cyber law is essential for fostering trust and confidence in digital transactions by guaranteeing the security, integrity, and secrecy of electronic communication and transactions.

2.4 Significance for the IT Sector

In the Indian IT sector, cyber law is crucial for maintaining security, promoting innovation, and supporting growth. Cyber security has become a primary priority for IT firms due to the growing number of cyber risks including hacking, data breaches, and virus assaults, as a result of the increasing dependence on digital technology (Gupta & Singh, 2020).

Cyber law establishes the legal structure needed to tackle these dangers, allowing IT organizations to enforce strong cyber security measures and safeguard critical data. Cyber law helps protect intellectual property rights such as patents, copyrights, and trademarks, which in turn supports investment in research and development and fosters technological innovation (Smith, 2019). Adhering to cyber law laws boosts the reputation of IT organizations, building trust among clients and stakeholders and promoting international trade and cooperation.

2.5 New Measures to Strengthen Cyber Law in the Indian IT Sector

It is crucial to update cyber law to tackle new difficulties as the Indian IT sector expands and develops. New advancements emphasize the necessity for implementing new strategies to improve cyber security, safeguard intellectual property, and promote creativity in the digital environment. It is essential to include strong data protection regulations to secure personal information and reduce the dangers of data breaches and privacy violations. The Personal Data Protection Bill of 2019 is an important initiative that aims to set detailed rules for gathering, handling, and retaining personal data in India (Sharma & Verma, 2020). It is imperative to enhance cyber law enforcement procedures to address cyber crimes successfully. This involves improving collaboration among law enforcement agencies, setting up dedicated cyber crime investigation teams, and offering law enforcement officers digital forensics and cyber crime investigation training.

The creation of Cyber Crime Reporting Portals and the National Cyber Crime Reporting System in India is intended to enhance the efficiency of cyber law enforcement by simplifying the process of reporting and investigating crimes (Singh & Gupta, 2021). Due to the increasing risk environment, it is essential to implement proactive strategies to strengthen cyber security resilience in the Indian IT industry. This involves raising knowledge about cyber security among all involved, supporting the implementation of top practices in managing cyber security risks, and encouraging investments in cyber security technology and infrastructure. The partnership among government, industry, and academia is crucial for advancing cyber security knowledge, researching and developing cyber security solutions, and effectively tackling changing cyber security issues (Kumar et al., 2022).

The Indian IT sector relies more on high-end and modernized technologies like artificial intelligence (AI), blockchain, and the Internet of Things (IoT). Therefore, it is necessary to revise cyber law frameworks to handle the legal and regulatory issues related to these technologies. This involves creating protocols for the ethical utilization of AI, guaranteeing openness and liability in AI-driven systems, and handling legal matters concerning blockchain transactions and smart contracts. India can promote innovation and ensure adherence to legal and regulatory standards by updating cyber law to keep pace with technological progress (Verma & Mishra, 2023).

Cyber law is crucial in creating regulations in the Indian IT sector, maintaining security, supporting innovation, and building trust in digital transactions. Cyber law tackles legal issues in cyberspace and creates a favourable environment for the growth and advancement of the digital economy. Concerted efforts are needed to address current difficulties and enhance cyber law measures to protect India's status as a leading global IT center amidst the changing threat environment.

• Role of cyber law and its usefulness in Indian IT industry . (2012, March 1). IEEE Conference Publication | IEEE Xplore. https://ieeexplore.ieee.org/stamp/stamp.jsp?tp=&arnumber=6194495
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• Smith, J. (2019). Cyber Law and the Digital Economy: A Global Perspective. Journal of Cybersecurity, 12(3), 45-68.
• Gupta, R., & Singh, A. (2020). Evolution of Cyber Law in India: A Historical Perspective. Indian Journal of Cyber Law, 7(2), 32-50.
• Mishra, S., & Verma, N. (2021). Cybersecurity Challenges in the Indian IT Sector: A Legal Perspective. Indian Journal of Cyber Law, 8(1), 55-78.
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• Ministry Of Electronics and Information Technology, Govt Of India. http://meity.gov.in/content/ revised-draft-internet-thingsiot-policy
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• Kumar, P., et al. (2022). Promoting Cybersecurity Resilience in the Indian IT Sector: A Policy Perspective. Journal of Information Security and Privacy, 15(1), 45-63.
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Advanced Centre for Research, Development and Training in Cyber Laws and Forensics

Advanced Centre for Research, Development and Training in Cyber Laws and Forensics [ACRDTCLF] was established at NLSIU, Bangalore on 25th October 2010 under the initial financial support of the Department of Electronics and Information Technology (DeitY), Ministry of Communications& Information Technology, Government of India.

The Centre spreads awareness and provides training to judicial officers, public prosecutors, judges, investigative agencies, cyber security personnel and others of cyber law with essential emphasis on the technical issues to prevent of misuse of the technology and better enforcement of related laws.

Centre Co-Directors: Dr. A. Nagarathna & Aparajita Lath

Dr. A. Nagarathna

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Children’s Day Webinar | Children, Cyber Safety & National Security

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October 29, 2020

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A Study on Cyber Crime and its Legal Framework in India

• Apoorva Bhangla and Jahanvi Tuli
• Show Author Details

Apoorva Bhangla

Student at NMIMS School of Law, India

Jahanvi Tuli

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Cyber-crime mainly involves activities that use internet and computers as a tool to extract private information of an individual either directly or indirectly and disclosing it on online platforms without the person’s consent or illegally with the aim of degrading the reputation or causing mental or physical harm. With the advancement in technology a steep increase in the rate of cyber-crimes has been observed. With the increase of dependency on cyberspace internet crimes committed against women have also increased. This is mainly because around more than half of the online users are not fully aware of the functioning of online platforms, they are ignorant towards technological advancements and have minimal adequate training and education. Thus, cybercrime has emerged as a major challenge for the law enforcement agencies of different countries in order to protect women and children who are harassed and abused for voyeuristic pleasures. Women are commonly targeted for cyber stalking, cyber pornography, impersonation etc. India is one of the few countries which has enacted the IT Act 2000 to deal with issues pertaining to cyber-crimes in order to protect the women from exploitation by vicious predators however this act doesn’t address some of the gravest dangers to the security of the women and issues involving women are still growing immensely.

• Cyber-crime
• online platforms.

Research Paper

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International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 493 - 504

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright © IJLMH 2021

I. Introduction

The advent of technology has provided women an opportunity to explore their strengths and widen their capabilities. With the rapid modernisation taking place all over the world, internet has become a part of our daily lives. It has proved to be an efficient tool of communication. However, with the increase of dependency on cyberspace internet crimes committed against women have also increased. Women all over the world have been victims to a number of harassments for decades now. With the advent of technology and digitalisation people have the ability to communicate virtually with anybody, anytime and anywhere across the globe. Cyber-crime has emerged as one of the results of this modernisation. Online platforms are often used to harass and abuse women for voyeuristic pleasures. One of the major reasons as to why it takes place is because of the fact that around more than half of the online users are not fully aware of the functioning of online platforms such as WhatsApp, skype, Facebook, etc. There is minimal adequate training and education that is provided to the users. Moreover, ignorance towards technological advancements has carved its way for such heinous crimes. Women are commonly targeted for cyber stalking, cyber pornography, impersonation etc. The victims often trust the offender and share their private data or information as a consequence of which innumerable cyber-crimes take place daily. Due to fear of defamation in the society and lack of evidence it becomes really difficult to identify the origin of the crime. Cyber-crime has become a concept wherein majority of cases the victims have been women who have fallen prey to technological fancies. A steep increase in the rate of cyber-crimes has been observed in different countries where the primary concern has always been the protection of women. India is one of the few countries which has enacted the IT Act 2000 to deal with issues pertaining to cyber-crimes in order to protect the women from exploitation by vicious predators and provide them support so that they can fight back against all wrongdoings. Many institutions have taken up the issues pertaining to cybercrime in order to raise awareness for the safety of women but still a steep increase has been observed in this area, which poses a negative impact on the development of the nation. 

II. What is Cyber Crime?

Cybercrimes can be defined as: “Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet (networks including chat rooms, emails, notice boards and groups) and mobile phones”. [1]

Cyber-crime involves the use of internet and computer. It threatens an individual’s privacy by disclosing or publishing their personal or confidential information online with the aim of degrading their reputation and causing them physical or mental harm either directly or indirectly. Women are generally the targets of these offenders because they are inexperienced and lack knowledge of the cyber world, thereby falling prey to the technological fancies.

Debarati Halder and K. Jaishankar further define cybercrime from the perspective of gender and defined “cybercrime against women” as “Crimes targeted against women with a motive to intentionally harm the victim psychologically and physically, using modern telecommunication networks such as internet and mobile phones”.

Types of Cyber Crime

• Cyberstalking

In today’s modern world, it is one of the most commonly committed crimes. It involves following a person’s movements and pursuing him/her stealthily. It involves gathering data that maybe used to harass a person or making false accusations or threats. A cyber stalker uses internet to stalk someone and thus, doesn’t pose a direct physical threat to an individual but due to the anonymity of the interactions that take place online the chances of identification of the cyber stalker becomes quite difficult which makes this crime more common than physical stalking. 

One of the major targets of cyber stalking is women and children who are stalked by men and adult predators namely, for revenge, for sexual harassment and for ego. Most of the times, the victim is unaware of the use and rules of the internet and the anonymity of the users has contributed to the rise of cyber stalking as a form of crime. The offender  for committing this offence maybe charged for breach of confidentiality and privacy under section 72 of the IT Act, 2000 as cyber stalking is yet not covered under existing cyber laws in India. Also, section 441 and 509 of IPC are also applicable for the same.

• Cyber Pornography

It is a major threat to women and children security as it involves publishing and transmitting pornographic pictures, photos or writings using the internet which can be reproduced on various other electronic devices instantly. It refers to portrayal of sexual material on the internet.

According to A.P. Mali, “It is the graphic, sexually explicit subordination of women through pictures or words that also includes pornography is verbal or pictorial material which represents or describes sexual behaviour that is degrading or abusive to one or more of participants in such a way as to endorse the degradation. The person has chosen or consented to be harmed, abused, subjected to coercion does not alter the degrading character of such behaviour.” [2] Around 50% of the total websites on the internet show pornographic material wherein photos and pictures of women are posted online that are dangerous to women’s integrity. 

According to IT Amendment Act 2008 “crime of pornography under section 67-A, whoever publishes and transmits or causes to be a published and transmitted in the electronic form any material which contains sexually explicit act or conduct can be called as pornography. Section 292/293/294, 500/506 and 509 of Indian Panel Code, 1860 are also applicable and victim can file a complaint near the Police Station where the crime has been committed or where he comes to know about crime. After proving crime, the accused can be called as first conviction with an imprisonment for a term which may extend to five years including fine which may extend to ten lakh rupees. In the second conviction the term of imprisonment may extend to seven years and fine may extend to ten lakh rupees”.

• Cyber Morphing

It is a form of crime in which the original picture is edited by an unauthorised user or a person possessing a fake identity. Photographs are taken of female users from their profiles and are then reposted for pornographic purposes by fake accounts on different sites after editing them. Due to the lack of awareness among the users the criminals are encouraged to commit such heinous crimes. Cyber morphing or Cyber obscenity is punishable under section 43 and 66 of Information Act 2000.

• Cyber Bullying

Cyberbullying involves the use of internet for causing embarrassment or humiliation to someone place by sharing their personal or private data by sending, posting or sharing harmful or false content over digital devices like computers, tablets, laptops and cell phones. It can take place through SMS, online gaming communities, online forums or social media platforms wherein information can be exchanged online and is available to a number of people. Cyberbullying is persistent and permanent and therefore, can harm the online reputation of not just the victim but both the parties involved. 

• Email Spoofing and Impersonation

It is one of the most common cybercrime. It involves sending e-mail which represents its origin. In today’s times, this from of crime has become immensely common that it becomes really difficult to assess as to whether the mail that is received is truly from the original sender. Email spoofing is mostly used to extract personal information and private images from women fraudulently and are later used to blackmail them. According to a report, there has been a 280% of increase of phishing attacks since 2016. Avanan research depicts that around 4% of the total emails that are received by an individual user are fraudulent emails. In Gujarat Ambuja’s Executive case, the 51 year old cyber 1 criminal created a fake email ID and pretending to be a woman indulged in a “cyber relationship” extorting Rs 96 lakh from an Abu Dhabi based businessman. [3]

Email spoofing is an offence under section 66-D of the Information Technology Amendment Act, 2008 and section 417, 419 and 465 of Indian Panel Code 1860. It is a cognizable, bailable and compoundable offence with permission of the court before which the prosecution of such offence is pending and triable by any magistrate.

• Online Trolling

It is a form of online violence on social media platforms where people are given the liberty to speak their mind. Online harassers often tend to target people who express their opinions and think differently from the prevailing societal norms. On such section constitutes of females who are targeted by social media bullies. According to Digital Hifazat report, “women that are vocal online, especially on topics that have been traditionally relegated to ‘male expertise’ like religion or politics, or about women’s experiences, including those of sexuality, menstruation, or speaking out about patriarchy, are subjected to a vicious form of trolling, usually from self-identified right-wing accounts on Twitter.” [4]

Social media bullying takes a toll on the mental as well as the physical health of the victims. Abuse, hate speech and mean comments are the most common elements of trolling. The most common consequences of trolling are self-censorship and mental health concerns. 

III. Extent of cybercrime against women in india

With approximately 688 million active users, India is the second largest internet market in the world. [5] Sites like Facebook, YouTube, Twitter, Instagram, WhatsApp and Snapchat are the most liked in India. While internet population has been increasing there still is a gender divide. According to a report published by IAMAI (Internet and Mobile Association of India) on internet usage in India, about 67% of the users are male compared to which only 33% are female. [6] This disparity between the male and female users is the major reason for the growth of cybercrime incidents against women.

Cyber-crimes are illegal activities which is forbidden by the law and committed by the use of internet and cyber technology. Cyber-crimes can be committed against any person, property or government but this paper solely focuses on cyber- crimes against women. According to National Crime Research Bureau there was sharp increase in the number of reported cyber-crime in 2017 in comparison to past years. Further increase in the reported cybercrimes can be seen in the year 2018. “While a total of 21,796 crimes were recorded under both IPC and IT Act in 2017, the number has increased to 27,248 in 2018.” [7] In 2017 NCRB for the first time had included categories relating to women and child on the nature of crimes committed against them.

Since the 1990s the information technology has taken giant strides forward and every family who has a modest income has the internet service. Individuals from varying age are able to use it everywhere starting from their home to their workplace. It can be deduced that internet has become a world on its own with its own place where one can share, have cultural values or opportunities.  But it has its own disadvantages, the cyber world has become a place for wrongdoers to defraud women and some even going as low as to encroach children. The ceaseless advancement of internet is making it harder to detect and regulate leading to rise of cyber criminals. Due to technological innovations cyber criminals are able to commit crime with a fake identity from any place in the world. This means that they do not have any physical contact with the real world and are mostly getting away with it without any punishment. With the protection of anonymity people are able to access any kind of material on the web which leads to huge number of anti-social, violent and aggressive content.

One of the major reason for the rise of cyber-crime against women apart from the advancement of internet is the fact that Indian women are not open on reporting a cyber-crime. They fear that it will bring disgrace to their families. Most of the times they believe that it is their own fault that the crime happened. Cyber space is a world on its own and people come and go as they please. This makes the cyber criminals to commit a crime and escape punishment easily. Through various instances it can be seen that women befriend men on the internet who forms a bond by discussing their lives and pretending to be the woman’s true friend. Gradually they form a strong friendship and then starts to send obscene messages. In this tinstance it is the duty of the woman to report the person but it can be seen that in the most of the cases they shy away and this gives more courage to the cyber-criminal. A 2016 survey on Violence Online in India conducted by the Feminism in India portal on 500 individuals (97% women and 3% trans-genders) found that 58 percent of respondents “had faced some kind of online aggression in the form of trolling, bullying, abuse or harassment”. But 38% of those who faced such violence did not take any action. [8] The victim women needs to understand that by reporting the man the problem can be solved and further saving the lives of other woman who can be the criminal’s future targets.

IV. The legal framework

There are two unique features of the Internet. Firstly, it is not confined to a particular boundary and the cyber-criminal can commit a crime from ay part of the world. The second unique feature is that it provide anonymity to its users which has its own boon and bane. For people who use this anonymity for putting out their opinion to the world it’s a boon but the perpetrators who use this anonymity for commission of crime it is a bane. Therefore this features not only pose a challenge in crime prevention but also in the implementation of law. At present there is no specific law that deals with cyber-crime against women. Other laws which can be used in the specific case, most women are not aware of. Women does not know about their rights or that such rights exist.

There are many laws in statues and regulations which penalises cyber-crime. But the majority of the laws belong to the Indian penal Code (IPC), 1860 and the Information technology Act (IT Act), 2000. The IPC is the general criminal code of India which defines offences and prescribes punishment for the same. IPC covers laws and punishment pertaining to physical world and has been legislatively amended and judiciously interpreted to be applicable to cyber criminals. Whereas the IT Act is a specific code pertaining to use of information technology and crime committed through it. In 2008 IT Amendment Act was enacted inclusive of certain crimes related to cyber world. Both IT Act and IPC are complementary to each other on cyber-crime against women. The below mentioned table is taken from a discussion paper published by IT for Change it showcases the laws that a cyber-criminal can be charged with when he/she commits a crime against women. Following which the loopholes in the said laws is analysed.

Table 1. Key legal provisions that can be invoked to address online Violence against women [9]

Lacuna in the Existing Provision of Law

• The verbal abuse made online which does not contain any sexual content is not properly tackled. General sexist comments have not been taken under Section 499 and Section 507 of the IPC which deals with criminal defamation and criminal intimidation pertaining to those trolls that are of personal nature. Further, doxing without any circulation of sexual material and without any intimidation is not included. Section 66 of the IT Act criminalises hacking but it does not explicitly state the act of doxing through hacking. Online trolling, verbal abuse, hacking for doxing has been treated as personal and isolated crime in Section 499 and Section 507 of IPC and Section 66 of the IT Act. It is important to note that this act of abuse is committed against women because she is a women. From the past it can be seen that the abuse is based on the women’s sexuality and caste.
• Section 66E of IT Act and Section 354C, Section 354D of the Criminal Laws Amendment Act 2013 are the exception to violence as physical harm and not as intrusion to bodily integrity and personal autonomy as defined by the other sections of IT Act and IPC. These sections also just focuses on physical privacy and not on the “informational privacy”. [10] It is to be considered that Section 509 of IPC mention “Privacy” but it only talks about privacy with respect to women’s modesty. “Sexual violence is largely viewed from the standpoint of maintaining public decency through curbing obscenity and protecting the modesty of women.” [11] Further, it can be seen that withdrawn at any point. Sexual violence is combined with the need to regulate the ratification and representation of sexuality which results in reinforcing genders norms of protecting women’s sexuality rather than protecting her bodily integrity or their informational privacy. Section 72 [12] and Section 43 read with Section 66 [13] of the IT Act is an economic offence and not a gender or social offence.
• Psychological violence based on gender against women is not recognised by the law outside their familial setting. Acknowledgement of psychological violence that is the circulation of private information through infringement of privacy which is not of sexual nature is not been done.
• Additionally laws like Protection of Women from Domestic Violence Act, 2005 which deals with cases related to psychological violence at home and live in relationships does not talk about cybercrime with respect to women.

V. Suggestions

• While using online platform not divulging any personal data is almost impossible and thus, one should beware while sharing any personal information online.
• It is imperative that an eye should be kept on phony email messages and such emails should not be responded to that ask for personal information. Also, email address should be guarded.
• While engaging in online activities it is imperative that attention should be paid to privacy policies on websites and steer clear of fraudulent websites used to steal personal information.
• It is necessary that response to offences on the internet against women should be seen as part of the broader movement against harassment and abuse. Broader efforts should be initiated as it is ultimately a people- centred challenge.
• Keeping up with the pace of change is the need of the hour. Keeping up with the technological advancements is a challenge that is essential to overcome as most of the online crimes takes place due to the lack of knowledge and awareness among the users.
• A collaborative effort among media, clubs, associations and women’s media networks is critical to promote women’s leadership and decision making in the society.
• Online diligence, monitoring and reporting against violence and cyber-crime should be done effectively and efficiently.
• There should be an E-portal where women can report their problems online themselves without suffering from the stigma of involving police in such matters. Also, the database of criminals should be maintained which could help in law enforcement.
• Women should be made aware about using online media platforms and adequate procedures should be followed by them. They need to be aware of their right in the cyberspace.
• Education systems must initiate contemporary issues regarding online crimes and awareness should be spread regarding safe internet uses.
• The government should make more rigid rules to apply on the Internet Service Providers (ISPs) as they have the entire record of the data that is accuses by the users surfing on the web. Also, in case of any suspicious activities a report should be made by them in order to prevent crimes at an early stage.

VI. Conclusion

“The law is not the be-all and end-all solution.” Victims are still not getting justice despite of a strong legal base in spite of them remaining silent. Cyber-crime against women is just a reality check of what really is going on in the real world. The lines between the online and offline world is getting blurred. Cyber-crime happens because the criminals think that is a much easier way with less punishment. With millions of users in the online platforms complaint mechanisms has also become fruitless.

For instance in the recent boy’s locker room case where group of teenage boys from Delhi shared pictures of underage women and objectified them by passing derogatory comments on group chat in Instagram and Snapchat. When a girl shared the screenshots of the chats the group was busted. Women all over country raised voices but it could be seen that they were not shocked. The reason is that objectification of women has become quite normal in the society. Women have has accepted this mentality of objectification by male as every day new cases come into light. Years have passed and still women lives in the fear of going out alone outside in the real world. In fact the online world which she could go to in the safety of her home has also become an unsafe place.

It comes upon the women to take preventive measures such as usage of data security, not leaving digital footprint, keeping everything password protected. But this are all superficial ways. The major problem that has always been existing is the patriarchy and misogyny in the society. To solve this problem a long term measure need to be undertaken that will help in dealing with cyber-crime against women.

There is the need of the hour to evolve the societal and cultural norms with the development of information technology. Mandatory steps need to be taken. Steps like digital literacy, development of data security, providing access of technology to women and girls and most of all enactment of laws specifically on cyber-crime especially with reference to women.

[1] DEBRATI HALDER &   K. JAISHANKAR,   CYBER CRIMES AGAINST WOMEN IN INDIA

[2] Adv. Prashant Mali, IT Act 2000: Types of Cyber Crimes & Cyber Law in India-Part 1 .

[3] Case of Cyber Extortion , INDIA FORENSIC, (Jan 20, 2021), http://www.indiaforensic.com/cyberextortion.htm

[4] Trolls Target Women: Dealing with Online Violence, THE CITIZEN, (Jan 21, 2021), https://www.thecitizen.in/ index.php/en/NewsDetail/index/7/17330/Trolls-Target-Women-Dealing-with-Online-Violence

[5] Digital population in India as of January 2020 , STATISTA, (Jan 21, 2021),   www.statista.com/statistics/309866/ india-digital-population/.

[6] India Internet 2019 , IAMAI, (Jan 28, 2021), https://cms.iamai.in/Content/ResearchPapers/d3654bcc-002f-4fc7-ab39-e1fbeb00005d.pdf

[7] Crime in India- 2018 , NCRB, (Jan 28, 2021), https://ncrb.gov.in/crime-india-2018

[8] Pasricha & Japleen, “Violence” online in India: Cybercrimes against women and minorities on social media , http://feminisminindia.com/wp-content/uploads/2016/05/FII_cyberbullying_report_website.pdf

[9] Technology-mediated violence against women in India, IT FOR CHANGE, (Jan 29, 2021), https://itforchange.net/e-vaw/wp-content/uploads/2017/12/DISCUSSIONPAPER.pdf

[10] “Information privacy, or data privacy (or data protection), concerns personally identifiable information or other sensitive information and how it is collected, stored, used, and finally destroyed or deleted – in digital form or otherwise. In relation to technology, it pertains to the relationship between collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them.”

[11] supra note 9

[12] Breach of privacy and confidentiality

[13] Data Theft

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Cyber Law In India: An Overview

2022, Indian Journal of Law and Legal Research

The world has progressed in terms of communication, particularly since the introduction of the Internet. The rise of cyber crime, often known as e-crimes (electronic crimes), is a major challenge confronting today's society. As a result, cyber crime poses a threat to nations, companies, and individuals all across the world. It has expanded to many parts of the globe, and millions of individuals have become victims of cyber crime. Given the serious nature of e-crime, as well as its worldwide character and repercussions, it is evident that a common understanding of such criminal conduct is required to successfully combat it. The definitions, types, and incursions of e-crime are all covered in this study. It has also focused on India's anti-e-crime legislation.

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International Res Jour Managt Socio Human

As we all know that this is the era where most of the things are done usually over the internet starting from online dealing to the online transaction. Since the web is considered as worldwide stage, anyone can access the resources of the internet from anywhere. The internet technology has been using by the few people for criminal activities like unauthorized access to other's network, scams etc. These criminal activities or the offense/crime related to the internet is termed as cyber crime. In order to stop or to punish the cyber criminals the term " Cyber Law " was introduced. We can define cyber law as it is the part of the legal systems that deals with the Internet, cyberspace, and with the legal issues. It covers a broad area, encompassing many subtopics as well as freedom of expressions, access to and utilization of the Internet, and online security or online privacy. Generically, it is alluded as the law of the web.

Cyber and technology related crime is gradually increasing in Bangladesh. It is a significant issue in Bangladesh. It has already been seen that a glomming threat becomes visible in the arena of information technology. Recently the hacking of RAB website and e-mail threats of former prime minister is example for few of them. In contrast, cybercrime is becoming a threat to government itself. Due to lack of necessary legislation to tackle such type of crime, cyber criminals are almost in the safe side to commit such crime. In the Information and Communication Technology Act-2006 and ICT (Amendment) Act-2013 there are several clauses against cybercrime. But this Information and Communication Technology act is not the concrete one. By enacting this act, there is a chance to become safe side after committing crimes. So, considering these facts a comprehensive Cybercrime Protection Act should be imposed. This article incorporates the impacts of cybercrime in Bangladesh especially focuses on the area of Personal life, Workplace as well as Policy making Bodies or thinkers. I believe that this article would help all relevant concerns and especially policy makers.

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Stringent measures against cybercrimes in India’s new criminal justice system

On July 1, 2024, India's criminal justice system underwent a significant transformation with the introduction of 3 (three) new laws namely the (a) ‘Bharatiya Nyaya Sanhita, 2023’ (“ BNS ”) replacing the Indian Penal Code, 1860; (b) the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’ (“ BNSS ”) replacing the Code of Criminal Procedure, 1973; and (c) the ‘Bharatiya Sakshya Adhiniyam, 2023’ (“ BSA ”) replacing the Indian Evidence Act, 1872 (collectively referred to as the “ New Criminal Laws ” or “ Legislations ”). These Legislations are intended to operate prospectively, meaning any crime committed until midnight of June 30, 2024, will continue to be governed and prosecuted under the Indian Penal Code, 1860 (“ IPC ”), the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872 (collectively referred to as the “ Old Criminal Laws ”). Consequently, the Old Criminal Laws will remain relevant for several years until all pending investigations, inquiries, trials, appeals, and related proceedings are concluded.

With the Old Criminal Laws dating as far back as 1860, the Legislations mark a watershed moment in India's criminal justice system. The New Criminal Laws have introduced provisions aimed at adapting to the complexities of the digital age and deterring crimes that have flourished in the age of the internet. These Legislations also acknowledged the growing digital landscape and incorporated measures to better tackle the increasing rates of cybercrimes in India. While cybercrime is still not defined in the BNS, it is considered a catch-all phrase for offences involving technology such as hacking, phishing, and cyber-stalking.

Inclusion of cybercrime as ‘Organised Crime’

A key introduction in the New Criminal Laws is the inclusion of ‘Organised Crime’ as a separate offence which defines organised crime as criminal activities, including cybercrimes and economic offences, committed by any person or a group of persons acting in concert, singly or jointly, either as a member or on behalf of an organised crime syndicate. With this, BNS envisages and aims to deter cybercriminals acting in groups or on behalf of syndicates which was missing under the IPC. While the IPC addressed cybercrimes like data theft or criminal conspiracy, it did not expressly consider the organised nature of these operations. Further, with such cybercrimes being penalised as organised crimes, punishments for such organised cybercrimes are now more rigorous.

Usage of audio-video communications and electronic communication under various procedures

BNSS has incorporated digital technologies and has expressly mandated use of ‘audio-video communications’ and ‘electronic communication’ in various procedures before the courts aiming to reduce delays in criminal proceedings. This change is brought in to decrease paperwork, reduce errors, and improve accessibility to case information for all parties involved. Under BNSS, witnesses and accused individuals can receive summonses through electronic communication, investigating officers are authorised to record statements using audio-video technology, search and seizure operations can be recorded using audio-video equipment and even trials, inquiries, appeals and related proceedings, may be conducted via electronic mode. This implementation of electronic communications can streamline investigations and lead to faster enforcement against all crimes including cybercrimes.

Scope of certain sections extended to include activities performed through electronic platforms as crimes

Certain sections of BNS, such as those dealing with extortion, forgery or hate speech etc., have been expanded to include such crimes being committed electronically via messages or social media platforms. Therefore, texts, emails, and social media posts sent by a person can be the basis on which that person is convicted for such crimes.

As an example, laws against hate speech (under Sections 196 and 197 of BNS) and laws against spreading misinformation that could disrupt public order (under Section 353 of BNS) have been extended to include electronic communication as the medium for triggering such offences. This allows authorities to prosecute individuals who spread hate or incite violence through social media or other online forums and helps in better enforcement against the growing problem of fake news and online propaganda that can lead to social unrest. Further, definitions such as the meaning of obscene material under Section 294 of BNS have been expressly extended to include content shared electronically, such as revenge porn or violent videos.

Through this expansion of expressly mentioning electronic communication in certain key sections, BNS has aimed to strengthen the legal framework and ensure that cybercriminals who exploit technology are identified faster and do not escape punishment. Furthermore, BNS has referenced the Information Technology Act, 2000 and BNSS for definitions of technological terms that are not expressly defined but used in BNS. This broader scope in recognising criminal activity across various electronic platforms will enhance detection and deterrence of cybercrimes.

Recognition of electronic records as primary evidence

Section 57 of the BSA marks a significant reform towards tackling cybercrimes in India. This section recognises electronic records, encompassing digital documents, emails, social media posts, and more, as primary evidence in court proceedings. This represents a major leap forward from the past, where such evidence held a secondary status, requiring additional verification. Previously, relying on physical copies of digital evidence would significantly delay investigation and prosecution proceedings. However, Section 57 eliminates this barrier by granting electronic records primary evidence status. This allows courts to readily consider electronic records, potentially leading to faster and efficient disposal of cases, particularly in cybercrime scenarios where digital photographs, videos, and other multimedia evidence are often the key pieces of evidence and play a vital role in many cybercrime investigations.

While section 57 of BSA recognises electronic records as primary evidence, section 63 of the BSA outlines the safeguards and provides specific guidelines for the admissibility of such evidence wherein electronic records are required to meet specific authenticity criteria before being admitted in court. Under section 63 of BSA, an electronic evidence is required to comply with the following key conditions to be admissible in a court of law: (a) the computer system that generated the record must have functioned properly during the relevant period; (b) information similar to the electronic record in question must be routinely entered into the system; (c) the electronic record must accurately reflect the data entered into the system; and (d) the computer system must have been used for a legitimate business or activity during the relevant period. Further, the section acknowledges that information may be processed on multiple devices working together and treats such interconnected devices as a single unit for the purpose of meeting the admissibility criteria. Lastly, to introduce electronic records as evidence, a certificate needs to be submitted which is required to be signed by the person in charge of the computer or communication device or management of the relevant activities (whichever is appropriate) and an expert. This certificate is required to state how the record was produced, devices involved, and confirm that the admissibility conditions are met.

This is meant to ensure validity of the electronic evidence and prevent fabricated electronic records from influencing legal proceedings. Digital photographs, videos, and other multimedia evidence play a vital role in many cybercrime investigations. These guidelines establish clear standards for how such evidence can be collected, stored, and presented in court thereby ensuring reliability of such digital multimedia evidence in proving cybercrimes. By streamlining evidence collection, protecting witnesses, and ensuring the integrity of electronic records, this section paves the way for a more effective legal system in combating cybercrime and bringing perpetrators to justice.

Data privacy concerns

The emphasis on digital evidence and e-governance in the New Criminal Laws raises concerns about data privacy of individuals involved in the criminal justice system. While the use of technology can enhance efficiency and transparency, storage of such data also poses risk to individual’s privacy rights. It is critical that such digital records are protected from cyber-attacks and data thefts. The government must ensure development of a well-equipped cyber security infrastructure and ensuring that such measures are balanced with strong privacy protection to keep public trust and safeguard individual privacy rights. It is important to note that the Digital Personal Data Protection Act, 2023 (“ DPDP Act ”), published to safeguard personal data, exempts the requirements of notice and consent, among others, for the purposes of prevention, detection, investigation or prosecution of any offence or contravention of any law. For example, under the DPDP Act, an individual has the right to withdraw his consent for processing of personal data but in case of data being processed by the State for purposes such as criminal investigation, such right cannot be exercised against the State.

The enactment of India's New Criminal Laws represents a significant stride towards modernising the country's legal framework, addressing contemporary challenges such as cybercrimes and adapting to the complexities of the digital age. By replacing the Old Criminal Laws, these reforms seek to foster transparency, accountability, and accessibility within the criminal judicial system. However, the successful integration of these laws will hinge upon effective implementation, robust enforcement, and continuous adaptation to societal needs.

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Cyber Attacks on Indian Organizations Surge 46% In Q2 2024: Report Indian organizations must build robust cybersecurity mechanisms to protect their infrastructure. Failure to do so can lead to the loss of large data sets, significant capital, and sensitive credentials, including banking, healthcare, and military data

By Entrepreneur Staff Jul 24, 2024

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Indian infrastructures are highly vulnerable to cyberattacks on a large scale. The recent cyberattack on WazirX was a significant shock to the Indian cryptocurrency market, resulting in the loss of more than USD 230 million of users' holdings. Several reports suggest that Indian organizations must build robust cybersecurity mechanisms to protect their infrastructure. Failure to do so can lead to the loss of large data sets, significant capital, and sensitive credentials, including banking, healthcare, and military data.

According to a recent report by Check Point Research, there has been a significant rise in cyberattacks worldwide, with a 30 per cent increase on corporate networks in Q2 2024 compared to Q2 2023, and a 25 per cent increase compared to Q1 2024. On average, organizations face 1,636 attacks per week.

In India, organizations are experiencing a substantial jump in cyberattacks, with a 46 per cent year-over-year growth-dealing with an average of 3,201 attacks per week, the second-highest in the Asia-Pacific region after Taiwan.

Top 3 Most Attacked Industries

1. Education and research industries

In recent years, the education and research industries have become prime targets for cyberattacks, facing an average of 3,341 attacks per week worldwide due to their wealth of data. Weak cybersecurity infrastructures make it easier for malicious attackers to exploit these institutions. Universities, for example, often store vast amounts of personal and research data, making them attractive targets. It has been noticed that these industries use outdated security measures and weak infrastructures that allow hackers from both inside and outside the network to exploit vulnerabilities more easily. In fact, the education and research sectors were the most attacked industries globally, experiencing a 53 per cent increase in attacks in Q2 2024 compared to Q2 2023.

2. Government and military sectors

The government and military sectors were the second most targeted, with an average of 2,084 attacks per week. These sectors have traditionally been highly targeted as state-sponsored malicious groups run cyber espionage campaigns to benefit their countries by stealing confidential information and disrupting critical operations, especially against unfriendly nations. For example, Chinese state-backed hacking group APT31 and North Korea's Lazarus Group are well-known for their cyber espionage activities, among others.

3. Healthcare

Healthcare is the third most attacked sector globally, with an average of 1,999 attacks per week, which is 15 per cent higher than last year. Malicious actors primarily target hospitals because the healthcare sector often lacks adequate cybersecurity resources. Smaller hospitals are particularly vulnerable, as they are underfunded and understaffed to handle sophisticated cyberattacks.

Why Are Cyber Attackers Ahead Two Steps?

Continued digital transformation across industries is fuelling global cyberattacks on an unprecedented scale. The growing sophistication of cybercriminals using advanced techniques like Artificial Intelligence (AI) and machine learning (ML) is also contributing to more advanced attacks.

Particularly, state-sponsored groups are especially resourceful, employing advanced technologies and skilled personnel for large-scale attacks.

Notable examples include the SolarWinds attack by Russia's Nobelium group and the WannaCry ransomware attack by North Korea's Lazarus Group. To mitigate these attacks we need cyberattack awareness among general people and robust cyber security infrastructure across the industries.

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What the data says about immigrants in the U.S.

The United States has long had more immigrants than any other country. In fact, the U.S. is home to one-fifth of the world’s international migrants . These immigrants have come from just about every country in the world.

Pew Research Center regularly publishes research on U.S. immigrants . Based on this research, here are answers to some key questions about the U.S. immigrant population.

Pew Research Center conducted this analysis to answer common questions about immigration to the United States and the U.S. immigrant population.

The data in this analysis comes mainly from Center tabulations of Census Bureau microdata from decennial censuses and American Community Survey (IPUMS USA). This analysis also features estimates of the U.S. unauthorized immigrant population . The estimates presented in this research for 2022 are the Center’s latest.

How many people in the U.S. are immigrants?

The U.S. foreign-born population reached a record 46.1 million in 2022. Growth accelerated after Congress made U.S. immigration laws more permissive in 1965. In 1970, the number of immigrants living in the U.S. was less than a quarter of what it is today.

Immigrants today account for 13.8% of the U.S. population. This is a roughly threefold increase from 4.7% in 1970. However, the immigrant share of the population today remains below the record 14.8% in 1890 .

Where are U.S. immigrants from?

Mexico is the top country of birth for U.S. immigrants. In 2022, roughly 10.6 million immigrants living in the U.S. were born there, making up 23% of all U.S. immigrants. The next largest origin groups were those from India (6%), China (5%), the Philippines (4%) and El Salvador (3%).

By region of birth, immigrants from Asia accounted for 28% of all immigrants. Other regions make up smaller shares:

• Latin America (27%), excluding Mexico but including the Caribbean (10%), Central America (9%) and South America (9%)
• Europe, Canada and other North America (12%)
• Sub-Saharan Africa (5%)
• Middle East and North Africa (4%)

How have immigrants’ origin countries changed in recent decades?

Before 1965, U.S. immigration law favored immigrants from Northern and Western Europe and mostly barred immigration from Asia. The 1965 Immigration and Nationality Act opened up immigration from Asia and Latin America. The Immigration Act of 1990 further increased legal immigration and allowed immigrants from more countries to enter the U.S. legally.

Since 1965, about 72 million immigrants have come to the United States from different and more countries than their predecessors:

• From 1840 to 1889, about 90% of U.S. immigrants came from Europe, including about 70% from Germany, Ireland and the United Kingdom.
• Almost 90% of the immigrants who arrived from 1890 to 1919 came from Europe. Nearly 60% came from Italy, Austria-Hungary and Russia-Poland.
• Since 1965, about half of U.S. immigrants have come from Latin America, with about a quarter from Mexico alone. About another quarter have come from Asia. Large numbers have come from China, India, the Philippines, Central America and the Caribbean.

The newest wave of immigrants has dramatically changed states’ immigrant populations . In 1980, German immigrants were the largest group in 19 states, Canadian immigrants were the largest in 11 states and Mexicans were the largest in 10 states. By 2000, Mexicans were the largest group in 31 states.

Today, Mexico remains the largest origin country for U.S. immigrants. However, immigration from Mexico has slowed since 2007 and the Mexican-born population in the U.S. has dropped. The Mexican share of the U.S. immigrant population dropped from 29% in 2010 to 23% in 2022.

Where are recent immigrants coming from?

In 2022, Mexico was the top country of birth for immigrants who arrived in the last year, with about 150,000 people. India (about 145,000) and China (about 90,000) were the next largest sources of immigrants. Venezuela, Cuba, Brazil and Canada each had about 50,000 to 60,000 new immigrant arrivals.

The main sources of immigrants have shifted twice in the 21st century. The first was caused by the Great Recession (2007-2009). Until 2007, more Hispanics than Asians arrived in the U.S. each year. From 2009 to 2018, the opposite was true.

Since 2019, immigration from Latin America – much of it unauthorized – has reversed the pattern again. More Hispanics than Asians have come each year.

What is the legal status of immigrants in the U.S.?

Most immigrants (77%) are in the country legally. As of 2022:

• 49% were naturalized U.S. citizens.
• 24% were lawful permanent residents.
• 4% were legal temporary residents.
• 23% were unauthorized immigrants .

From 1990 to 2007, the unauthorized immigrant population more than tripled in size, from 3.5 million to a record high of 12.2 million. From there, the number slowly declined to about 10.2 million in 2019.

In 2022, the number of unauthorized immigrants in the U.S. showed sustained growth for the first time since 2007, to 11.o million.

As of 2022, about 4 million unauthorized immigrants in the U.S. are Mexican. This is the largest number of any origin country, representing more than one-third of all unauthorized immigrants. However, the Mexican unauthorized immigrant population is down from a peak of almost 7 million in 2007, when Mexicans accounted for 57% of all unauthorized immigrants.

The drop in the number of unauthorized immigrants from Mexico has been partly offset by growth from other parts of the world, especially Asia and other parts of Latin America.

The 2022 estimates of the unauthorized immigrant population are our latest comprehensive estimates. Other partial data sources suggest continued growth in 2023 and 2024 .

Who are unauthorized immigrants?

Virtually all unauthorized immigrants living in the U.S. entered the country without legal permission or arrived on a nonpermanent visa and stayed after it expired.

A growing number of unauthorized immigrants have permission to live and work in the U.S. and are temporarily protected from deportation. In 2022, about 3 million unauthorized immigrants had these temporary legal protections. These immigrants fall into several groups:

• Temporary Protected Status (TPS): About 650,000 immigrants have TPS as of July 2022. TPS is offered to individuals who cannot safely return to their home country because of civil unrest, violence, natural disaster or other extraordinary and temporary conditions.
• Deferred Action for Childhood Arrivals program (DACA): Almost 600,000 immigrants are beneficiaries of DACA. This program allows individuals brought to the U.S. as children before 2007 to remain in the U.S.
• Asylum applicants: About 1.6 million immigrants have pending applications for asylum in the U.S. as of mid-2022 because of dangers faced in their home country. These immigrants can stay in the U.S. legally while they wait for a decision on their case.
• Other protections: Several hundred thousand individuals have applied for special visas to become lawful immigrants. These types of visas are offered to victims of trafficking and certain other criminal activities.

In addition, about 500,000 immigrants arrived in the U.S. by the end of 2023 under programs created for Ukrainians (U4U or Uniting for Ukraine ) and people from Cuba, Haiti, Nicaragua and Venezuela ( CHNV parole ). These immigrants mainly arrived too late to be counted in the 2022 estimates but may be included in future estimates.

Do all lawful immigrants choose to become U.S. citizens?

Immigrants who are lawful permanent residents can apply to become U.S. citizens if they meet certain requirements. In fiscal year 2022, almost 1 million lawful immigrants became U.S. citizens through naturalization . This is only slightly below record highs in 1996 and 2008.

Most immigrants eligible for naturalization apply for citizenship, but not all do. Top reasons for not applying include language and personal barriers, lack of interest and not being able to afford it, according to a 2015 Pew Research Center survey .

Where do most U.S. immigrants live?

In 2022, most of the nation’s 46.1 million immigrants lived in four states: California (10.4 million or 23% of the national total), Texas (5.2 million or 11%), Florida (4.8 million or 10%) and New York (4.5 million or 10%).

Most immigrants lived in the South (35%) and West (33%). Another 21% lived in the Northeast and 11% were in the Midwest.

In 2022, more than 29 million immigrants – 63% of the nation’s foreign-born population – lived in just 20 major metropolitan areas. The largest populations were in the New York, Los Angeles and Miami metro areas. Most of the nation’s unauthorized immigrant population (60%) lived in these metro areas as well.

How many immigrants are working in the U.S.?

In 2022, over 30 million immigrants were in the U.S. workforce. Lawful immigrants made up the majority of the immigrant workforce, at 22.2 million. An additional 8.3 million immigrant workers are unauthorized. This is a notable increase over 2019 but about the same as in 2007 .

The share of workers who are immigrants increased slightly from 17% in 2007 to 18% in 2022. By contrast, the share of immigrant workers who are unauthorized declined from a peak of 5.4% in 2007 to 4.8% in 2022. Immigrants and their children are projected to add about 18 million people of working age between 2015 and 2035. This would offset an expected decline in the working-age population from retiring Baby Boomers.

How educated are immigrants compared with the U.S. population overall?

On average, U.S. immigrants have lower levels of education than the U.S.-born population. In 2022, immigrants ages 25 and older were about three times as likely as the U.S. born to have not completed high school (25% vs. 7%). However, immigrants were as likely as the U.S. born to have a bachelor’s degree or more (35% vs. 36%).

Immigrant educational attainment varies by origin. About half of immigrants from Mexico (51%) had not completed high school, and the same was true for 46% of those from Central America and 21% from the Caribbean. Immigrants from these three regions were also less likely than the U.S. born to have a bachelor’s degree or more.

On the other hand, immigrants from all other regions were about as likely as or more likely than the U.S. born to have at least a bachelor’s degree. Immigrants from South Asia (72%) were the most likely to have a bachelor’s degree or more.

How well do immigrants speak English?

About half of immigrants ages 5 and older (54%) are proficient English speakers – they either speak English very well (37%) or speak only English at home (17%).

Immigrants from Canada (97%), Oceania (82%), sub-Saharan Africa (76%), Europe (75%) and South Asia (73%) have the highest rates of English proficiency.

Immigrants from Mexico (36%) and Central America (35%) have the lowest proficiency rates.

Immigrants who have lived in the U.S. longer are somewhat more likely to be English proficient. Some 45% of immigrants who have lived in the U.S. for five years or less are proficient, compared with 56% of immigrants who have lived in the U.S. for 20 years or more.

Spanish is the most commonly spoken language among U.S. immigrants. About four-in-ten immigrants (41%) speak Spanish at home. Besides Spanish, the top languages immigrants speak at home are English only (17%), Chinese (6%), Filipino/Tagalog (4%), French or Haitian Creole (3%), and Vietnamese (2%).

Note: This is an update of a post originally published May 3, 2017.

• Immigrant Populations
• Immigration & Migration
• Unauthorized Immigration

Mohamad Moslimani is a research analyst focusing on race and ethnicity at Pew Research Center .

Jeffrey S. Passel is a senior demographer at Pew Research Center .

How the origins of America’s immigrants have changed since 1850

Facts on u.s. immigrants, 2018, building outpaces population growth in many of china’s urban areas, most popular.

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• Google wants a piece of Microsoft’s cyber-security business

A $23bn acquisition of Wiz, an Israeli startup, is the search giant’s biggest ever

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I N LATE 2022 Wiz, a cyber-security startup, boasted that it was “the fastest-growing software company ever”. A stretch, maybe, but not a big one. At that point, 18 months after it was founded, annualised sales hit $100m. By 2023 they were $350m. In May Wiz raised $1bn at a $12bn valuation. On July 14th it emerged that Alphabet, Google’s parent company, was in talks to acquire Wiz for $23bn. It would be the biggest purchase of a cyber-security firm in history and Alphabet’s biggest takeover ever (see chart 1).

Wiz is the brainchild of four former Israeli soldiers. In 2015 they sold their three-year-old first startup, Addollum, to Microsoft. The quartet then worked for Microsoft Azure, the software giant’s cloud service, before launching Wiz in 2020. Its technology helps clients identify security risks in the cloud, such as which employees are using which apps or who has a weak password. By stitching together lots of data Wiz allows customers to spot vulnerabilities that hackers could exploit.

The firm sits at the intersection of two trends reshaping the cyber-security business. The first is computing’s inexorable move to the cloud. This year businesses will spend around $300bn worldwide on cloud services. This creates new vulnerabilities—and new opportunities for startups like Wiz. In 2023 global sales of cloud-security products grew by 32%, compared with 13% for computer-security overall, according to Gartner, a research firm. And whereas many cyber-security incumbents, such as Palo Alto Networks and Fortinet, mostly sell firewalls and other safeguards for older IT systems, Wiz has from the start specialised in protecting the cloud.

The second change is in how companies buy security software. They used to purchase lots of individual tools, layered one on top of another. As a result, big businesses often have between 50 and 70 separate security applications, notes Charlie Winckless of Gartner. Duplication is rife, costs high and IT managers unable to tell which tools work and which do not. In February Nikesh Arora, boss of Palo Alto Networks, admitted that “customers are facing spending fatigue.”

Nowadays IT departments favour one-stop shops. These are easier to manage and the tools talk to each other. Cyber-security providers are thus busily adding services, often via acquisitions. JPMorgan Chase, a bank, notes that over 50 security firms have been acquired this year, more than in all of 2022 or 2023. Wiz itself has bought two in the past year, and raised capital in May partly to buy more. Being swallowed by Alphabet gives Wiz a giant platform atop the world’s third-biggest cloud.

For Alphabet, swallowing Wiz bolsters its own cyber-security business. This is thought to be modest, especially compared with that of Microsoft, which last year said its cyber-offering surpassed $20bn in annual revenue, a tenth of its total sales. To catch up, in 2022 Alphabet bought Siemplify, another Israeli startup, for $500m and Mandiant, an American one, for $5bn. Wiz would enable Google’s clients to assess threats in other clouds they use, a capability that Microsoft has offered since 2022. It is an important one, given that four-fifths of cloud users have data spread across several clouds.

In recent years trustbusters have looked askance at big tech’s attempts to buy companies even outside their core business. Alphabet will be hoping that they will conclude that by taking the fight to Microsoft, the Wiz deal will make the cyber-security business more competitive, not less. ■

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This article appeared in the Business section of the print edition under the headline “Wiz kid”

Business July 20th 2024

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Take your IT career in any direction by earning a CCNA. CCNA validates a broad range of fundamentals for all IT careers - from networking technologies, to security, to software development - proving you have the skills businesses need to meet market demands.

Networking fundamentals

Showcase your knowledge of networking equipment and configuration. Be able to troubleshoot connectivity issues and effectively manage networks.

IP Services

Demonstrate your ability to configure routing for different IP versions and describe the purpose of redundancy protocols. Be able to interpret the components of a routing table.

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Understand threats and ways to prevent them. Identify key elements of a security program, like user awareness and training. Demonstrate practical skills like setting up secure access to devices and networks.

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Advertisement

Chaos and Confusion: Tech Outage Causes Disruptions Worldwide

Airlines, hospitals and people’s computers were affected after CrowdStrike, a cybersecurity company, sent out a flawed software update.

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By Adam Satariano Paul Mozur Kate Conger and Sheera Frenkel

• July 19, 2024

Airlines grounded flights. Operators of 911 lines could not respond to emergencies. Hospitals canceled surgeries. Retailers closed for the day. And the actions all traced back to a batch of bad computer code.

A flawed software update sent out by a little-known cybersecurity company caused chaos and disruption around the world on Friday. The company, CrowdStrike , based in Austin, Texas, makes software used by multinational corporations, government agencies and scores of other organizations to protect against hackers and online intruders.

But when CrowdStrike sent its update on Thursday to its customers that run Microsoft Windows software, computers began to crash.

The fallout, which was immediate and inescapable, highlighted the brittleness of global technology infrastructure. The world has become reliant on Microsoft and a handful of cybersecurity firms like CrowdStrike. So when a single flawed piece of software is released over the internet, it can almost instantly damage countless companies and organizations that depend on the technology as part of everyday business.

“This is a very, very uncomfortable illustration of the fragility of the world’s core internet infrastructure,” said Ciaran Martin, the former chief executive of Britain’s National Cyber Security Center and a professor at the Blavatnik School of Government at Oxford University.

A cyberattack did not cause the widespread outage, but the effects on Friday showed how devastating the damage can be when a main artery of the global technology system is disrupted. It raised broader questions about CrowdStrike’s testing processes and what repercussions such software firms should face when flaws in their code cause major disruptions.

How a Software Update Crashed Computers Around the World

Here’s a visual explanation for how a faulty software update crippled machines.

How the airline cancellations rippled around the world (and across time zones)

Share of canceled flights at 25 airports on Friday

50% of flights

Ai r po r t

Bengalu r u K empeg o wda

Dhaka Shahjalal

Minneapolis-Saint P aul

Stuttga r t

Melbou r ne

Be r lin B r anden b urg

London City

Amsterdam Schiphol

Chicago O'Hare

Raleigh−Durham

B r adl e y

Cha r lotte

Reagan National

Philadelphia

1:20 a.m. ET

CrowdStrike’s stock price so far this year

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