Cyber Laws & Policy in India

By- Salam Samarjeet Singh
Introduction:
Over the past decade, we have witnessed a drastic and rapid transformation in technology across the globe and in the country. With the advent of 4G and 5G in the country, the number of internet users in the country has sky-rocketed. Introduction of the ‘Digital India’ policy in 2015 has made internet an indispensable medium for carrying out various transactions in the day-to-day life of a common citizen.
The rise of the Internet and the digital space:
No doubt, internet offers immense advantages to the common man in today’s digital age and is considered a boon by many. However, the internet also has its fair share of disadvantages which can affect the harmony of a society. Ever since the expansion of the user base of the internet in the country, a new form of crime which is committed through or with the involvement of the internet has been on the rise in our country. Such crimes are identified by the term ‘cyber-crime’ and special police stations have been set up in every state of the country to deal with such crimes. In Manipur too, a ‘Cyber Crime Police Station’ came into existence few years back.
Cyber Laws in India – The present scenario:
It has been often opined that the laws which are currently operational in the country are not sufficient to tackle with the rapidly expanding genre of crime known as ‘cyber-crime’. Such crimes are not easily detectable given the fact that they are committed by exploiting advanced technological mechanisms. People also shy away from reporting such crimes. A thorough and successful investigation into such crimes also consume time due to certain technological constraints on the part of the police.
In 2000, more than two decades back, the Information Technology Act (IT Act) was enacted by the Parliament and has been amended from time to time. The enactment of the IT Act was a watershed moment in dealing with cyber-crimes. Although the legislation has aided to a certain extent in bringing cyber criminals to justice, it lacks specific provisions for dealing with cyber-crimes committed against women.
Ritu Kohli’s case:
Manish Kathuria v. Ritu Kohli (2001) is one of prominent cases relating to a cyber-crime committed against a woman. In that case, the offence of cyber stalking was committed against the women victim and it is widely believed that it was the first time cyber stalking was reported in India. What is interesting to note is that when the case was reported to the police, no provision of the IT Act was slapped against the accused as the Act had not come into force when the complaint was filed by the victim. Instead, the accused was booked under Section 509 of the IPC. Ritu Kohli’s case proved the point as to why specific laws dealing with cyber-crimes are essential.
Cyber Crimes – An Overview:
One concerning aspect of cybercrimes is that for such crimes to be committed, physical contact of the offender with the victim is not necessary at all. In most cases, it is difficult to trace or get hold of the identity of the offender. Cyber criminals act in such a way to ensure they do not leave behind any digital footprint after committing the crime. In fact, a cybercrime may be committed even without the victim getting to know that such a crime has been committed against him/her. For example – cyber fraudsters/hackers may withdraw money from one’s bank account without the knowledge of the account’s owner by taking advantage of certain omission/lack of care by the victim.
Some of the common cyber-crimes are elaborated below:
* Cyber Bullying
Cyber bullying is the act of harassing or humiliating or shaming a person through the medium of internet or any electronic medium by transmitting/distributing/posting any sort of sensitive material concerning the person. This offence has seen a rapid rise in the country particularly against women and the offence is often committed to outrage the modesty of a woman.
* Cyber Obscenity & Cyber Pornography
Sections 67 and 67A of the IT Act deals with the offence of cyber obscenity and cyber pornography respectively.
In terms of the Section 67, publication or transmission of obscene material in electronic form is an offence. Any person who publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely to read, see or hear the matter contained or embodied in it has committed the offence of cyber obscenity.
The offence is punishable on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees. In the event of second or subsequent conviction, the offence is punishable with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Further, according to Section 67A, cyber pornography is committed when any person publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct. The offence shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees. In the event of second or subsequent conviction, the offence is punishable with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
* Cyber stalking
According to the Indian Penal Code, any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman or monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of cyber stalking.
Cyber Stalking is an offence under Section 354D of IPC. The Indian Penal Code (IPC) states that whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
* Cyber Defamation
Although there is no specific provision of law dealing with cyber defamation, the provision dealing with defamation under the IPC can be invoked. When defamation, as defined in the IPC, is committed through or by use of electronic medium or the internet, the offence of cyber defamation is committed. With social media gaining popularity among the masses in the last few years, the rate of commission of the offence of cyber defamation is increasing.
Legal Provisions dealing with Cyber-Crimes under the IPC & IT Act:
Until now, no specific law or code dealing with cyber offences have been enacted by the parliament. Moreover, no specific law has been brought forth to deal with cyber crimes committed against women. The Indian Penal Code, 1860 and the Information Technology Act, 2000, although not exhaustive, deals with certain common cyber offences. Some of these provisions are elaborated below:
1. The Indian Penal Code, 1860
i. Section 354A – This provision deals with the offence of assault or criminal force to woman with intent to outrage her modesty. As per Section 354A of the IPC, whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
ii. Section 354C deals with the offence of ‘voyeurism’. When any man watches or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person and when such image is disseminated by any person, the offence of ‘voyeurism’ is said to be committed.
The offence is punishable on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine. On a second or subsequent conviction, offence is punishable with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
iii. Section 354D- Cyber Stalking is an offence under Section 354D of IPC. Any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman or monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of cyber stalking.
The Indian Penal Code (IPC) states that whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
iv. Section 499: This provision deals with the defamation of a person in any manner. Cyber defamation of a person can also be dealt with this provision. Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, to defame that person subject to certain exceptions. The offence of defamation is punishable under Section 500 of the IPC with simple imprisonment for a term which may extend to two years, or with fine, or with both.
v. Section 503: This provision deals with the offence of criminal intimidation. If any criminal intimidation is committed in the cyber space, this Section may be invoked. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. The offence of criminal intimidation is punishable under Section 506 of the IPC with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
vi. Section 507: This provision deals with the offence of criminal intimidation committed through an anonymous communication. The provision is a very useful one when it comes to cyber offences since crimes in the cyberspace tend to be committed anonymously. Under this Section, whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by Section 506 of the IPC.
vii. Section 509 deals with offences committed through word, gesture or act intended to insult the modesty of a woman. In terms of this Section, whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.
2. The Information Technology Act, 2000 as amended from time to time:
i. Section 66Cdeals with identity theft of a person. In terms of this Section, whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
ii. Section 66E deals with the violation of the privacy of a person. In terms of this Section, whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
iii. Section 67 deals with the offence of publishing or transmitting obscene material in electronic form. As per this Section, whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it commits an offence.
The offence is punishable on first conviction with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
iv. Section 67A deals with the offence of publication or transmission of material containing sexually explicit act, etc., in electronic form. The offence shall be punished on first conviction with imprisonment which may extend to five years and with fine which may extend to ten lakh rupees. In the event of second or subsequent conviction, the offence is punishable with imprisonment of which may extend to seven years and also with fine which may extend to ten lakh rupees.
v. Section 67B deals with the offence of publication or transmission of material depicting children in sexually explicit act in electronic form. The offence is punishable on first conviction with imprisonment of which may extend to five years and with fine which may extend to ten lakh rupees. In the event of second or subsequent conviction with imprisonment of which may extend to seven years and also with fine which may extend to ten lakh rupees
Suggestions for more efficient tackling of cyber crimes:
* The majority of cyber crimes need to be made non-bailable offences and more stringent punishments need to prescribed.
* A comprehensive and specialized code or law dealing with cyber offences is the need of the hour.
* More stringent and specialized laws dealing with cyber offences against women needs to be enacted.
* A specialized national police force dealing with cyber and electronic offences need to be established.