CHAPTER – I

INTRODUCTION

As a social creature, humans have an innate desire for the protection of their
fellow humans as well as their own lives, freedoms, and possessions. Every
advanced civilization has an inherent need for the upkeep of law and order. This is
only a possibility in states with a criminal code that is both strict and comprehensive
enough to handle every eventuality that may arise. Society and its requirements
evolve with time, necessitating a flexible criminal justice system. So, even in the
digital era, the primary goal of criminal law is to ensure the safety of the public via
the upholding of order and law.

The advent of IT has made profound changes to society. The development of

human intellect has simplified many aspects of daily living. The ever-evolving
information technology made widely available via the usage of computers was,
without a doubt, put to use to raise the quality of life for human beings. Education,
business, trade, government, and even people's personal lives and social interactions
have all benefited from advancements in information technology.

Information technology has changed the social fabric in profound ways

because of how beneficial it is to people's daily lives. Although the people of India
come from very varied cultural backgrounds, the spread of the internet has helped
bring them together. The democratization of communication made possible by social
media has both positive and negative consequences for society at large. By using
cyberspace to conduct crimes, criminals will breach users' privacy and open up new
avenues for performing previously illegal acts.

Human nature remains the same even if development alters people's way of
life. The inventiveness of humans means that technology is also used for criminal
purposes. As ancient as human civilization itself, crime is a social and economic
phenomenon. In the eyes of the law, criminal behaviour is sanctioned. The

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dictionary defines crime as "a legal wrong for which criminal proceedings may
result in punishment." Breaking the law is the defining feature of criminal
behaviour. "The criminal quality of an act cannot be discovered by reference to any
standard but one: is the act prohibited with penal consequences," as stated by Lord
Atkin. To commit a crime, one must behave or fail to act in a way that is expressly
forbidden by law and for which there are legal repercussions. Cyber crime is the
newest and most difficult issue to arise online. A computer is either an instrument
or an actor in cyber crime. "Cyber crime may be said to be those species of which,
genus is the conventional crime." Cyber crime is defined as "any criminal activity
that uses a computer as either an instrumentality, target, or means for perpetuating
further crimes."

The increasing prevalence of computer use in daily life has given rise to a
new kind of crime: cyber crime. These days, computers control everything from
household appliances to nuclear power facilities, giving cyber crime some ominous
overtones. Cyber crime's depravity may have its roots in technology, but
humankind's essential character hasn't changed a bit. Therefore, the use of
technology facilitates the commission of the illegal crime. The concept of cyber
space is quite recent. However, it facilitates the development of novel methods of
exploiting computers to execute criminal acts.

The internet is a technological advancement that enables us to interact as

one worldwide community. All facets of commerce are impacted by the rise of
online and electronic commerce. New companies are springing up as a result of the
IT revolution, while older ones are being forced to adapt or perish. Because of the
internet's global reach and fast expansion, established legal institutions are
struggling to preserve the peace. Even though Bell didn't develop the telephone,
this simple method of communication is much superior than older methods. A
computer network, such as the Internet, is not limited by physical distance or
national boundaries.1
__________________________
1.Guideto Cyber Laws, Rodney D.Ryder, (2013) Wadhwa Nagpur, Page2.

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 The widespread rise of cyber crime in recent years may be traced back to
the widespread availability of the internet. Offensive acts against women's modesty
may be committed through the internet and computers, including fraud, forgery,
theft of sensitive information, pornography, and similar crimes. The only difference
between these crimes and traditional ones is the technology used to do them. The
Information Technology Act of 2000 and the Information Technology
(Amendment) Act of 2008 are two pieces of legislation that make up India's legal
framework for cyberspace. The terms of the statute, however, are more concerned
with business than with cyber crime.

Crime committed online is similar to physical crime. However, due to

modifications, new investigational methods are needed. Similar to the motivations
behind more traditional crimes like theft, robbery, and fraud, the primary goal of
cyber crime is to illegally profit from another person's misfortune or to prevent
them from recovering their own. Thus, the standard criminal code of India applies
to cyber crime just as it does to more traditional forms of crime.

Today's governments are welfare states whose primary responsibility is to

guarantee the safety of its citizens. To keep the peace and prevent crime, we need a
strong criminal justice system. When it comes to crimes committed in India, the
Indian penal code serves as a kind of universal criminal law that almost
encompasses every kind of offence. The legal system in India also enacts a number
of supplementary special laws when the situation warrants. Since an efficient
investigation is essential to the enforcement of India's Penal Code, the Criminal
Procedure Code details how to conduct one and grants law enforcement agencies
the authority to look into suspected criminal activity. The efficiency of a criminal
investigation is crucial to the successful application of criminal law.

The conventional technique of inquiry applies to the investigation of

conventional crimes such as theft, extortion, criminal misappropriation, and
deception, the purpose of which is nothing more than unlawful gain or unjust loss.
Because of this, criminals constantly experiment with new methods of breaking the
law.

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 In order to effectively enforce criminal legislation, law enforcement
authorities must be aware of the many methods that the criminals use.

It is not necessary to adopt unique rules for crimes since criminals may
always alter the methods that they use to commit them even if the purpose remains
the same. Cyber crime has been dubbed the "crime of the 21st century," although
the goal of those who engage in it is simply to do harm, whether it financial or
reputational damage. The only difference is that they employ technology such as
computers and the web. As a result, the detective tools need specialized training
and understanding.

Significance of Study

Technology is a double-edged sword; it can both liberate you and imprison

you, as Carrie P. Snow so well put it. While today's criminal law is well-
established, it nevertheless lags seven years behind technological advances, much
like a conventional Hindu wife. The evolution of technology has made it an integral
component of modern existence, posing a number of problems for existing legal
frameworks.

Although the nature of crime and the laws governing it are in constant flux,
certain crimes remain constant even as the means by which they are committed
evolve. The laws need to evolve to reflect the shifting social norms.

In addition to its many advantages, the internet also presents substantial new
chances for cyber crime. The majority of anti-fraud statutes and enforcement
agencies exist to prevent and punish commercial fraud. As a result, cyber crime
may sometimes escape supervision under the present legal and administrative
frameworks. Another obstacle is the great variety of legal systems throughout the
globe, each with its own approach to law enforcement, function for judicial power,
and dependence on Civil Criminal and cyber laws.

Cyber crime is a relatively new phenomenon that emerged with the rise of
the internet; while it has characteristics with traditional crimes, its methods of

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execution are different, making traditional criminal law inadequate for
investigating it. Therefore, fresh approaches are needed to rein in cyber crime.

Traditional law enforcement agencies in India investigate computer crimes;

the Information Technology Act creates new investigative bodies but they function
much like their more traditional counter parts.

Review of Literature

Every nation's progress is tied to the quality of its legal system. Even while
criminal law has progressed much in recent decades, it must continue to evolve to
keep up with the ever-shifting needs and circumstances of each nation. The term
"cyber world" was used to describe our modern global society. Today, information
technology has advanced to an extremely high level. The Internet is become an
integral component of everyone's daily lives. The proliferation of the Internet has
led to a rise in global crime committed through the abuse of computers.
Unfortunately, it's usually the smart ones that conduct cyber crime. Each nation has
its own set of cyber laws intended to thwart cybercriminals. The Information
Technology Act of 2000 was also passed by the Indian legal system. Nonetheless,
the focus is on commercial law rather than cyber law.

Cyber law, its examination, and a comparison with traditional crime are the
subjects of the current study. The study was conducted using doctrinal research
technique, which required the use of both primary and secondary sources of
information.

1) The Indian Penal Code (Ratanlal and Dhirajlal Wadhwa's Publication, Nagpur,
29th edition, 2003)

The author is a respected figure in the field of criminal law, and this work has
become a standard in the field. In the first chapter, "Title and Scope," the author
appropriately discusses the nature of criminality and the evolution of criminal law in
India. Every aspect of criminal law was covered in this tome. The author makes an
effort to detail each portion, including the key decisions that are used to interpret it.

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This book is useful for scholars who want to learn about criminal procedure in
Indian courts. Understanding the nature of traditional crime and making comparisons
to cyber crime is helpful.

2) Dr. K.I. Vibhute's Criminal Law, based on PSA Piliai

The conventional criminal law or Indian Penal code is the subject of this
work by a renowned researcher and former head of the Law Department at Pune
University. The main notion of each part is summarised in the section's commentary,
which describes each infraction in full along with its elements. Reading this chapter
from the book, it's clear what the legislator was trying to accomplish. The book's
extensive reference research will help a novice researcher learn how to properly cite
sources including other texts and judicial decisions.

3) Cases and Materials on Criminal Law by K. D. Gaur

The fundamentals of criminal law are the subject of this text. The
foundational concept on which criminal law rests is essential to grasp if one wants to
grasp its underlying principles. This book's author is an established voice in the field
of criminal law. This book covers the basics of criminal law. The term implies that
the fundamentals of criminal law, as well as the seminal instances, will be examined.
In most jurisdictions, case law is more influential than the enacted statutes. The
author emphasises this point because without specificity, crime is merely chaos.

The author of this piece on the Indian Penal Code lays forth the foundational
concepts upon which that piece rests. The author's discussion on criminal law is
thorough enough that it may serve as a primer on the subject. Even when society
evolves and new innovations become necessary, the fundamentals of criminal law
remain largely unchanged.

4) Authored by Bimal Raut and published by New Era Law Publication in Delhi
(2004), "Cyberspace and International Judicial Jurisdiction"

In the modern age of cyber law, this book represents the state of the art. This
study investigates the difficulty of determining legal responsibility for cyber crime.
Cyber crime is unique in that it may be committed anywhere and have an impact on

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someone thousands of miles away. The question of whether law applies to a
potential legal action against that individual, known as "jurisdiction," now arises.
The author has covered all the bases by bringing up every applicable statute, law,
and international agreement. The traditional approach to crime and criminal law
focuses on the authority and regulation of local laws to control and reduce criminal
activity. However, the issue of jurisdictions emerges in cyber crime. The author of
this book discusses the international community's attempts to solve the jurisdictional
issue in cyber crime and how successful those efforts have been.

The author examines cyber law from every conceivable standpoint, including
topics such as its inception, the evolution of cyber crime legislation, and the
globalisation of cyber crime and cyber law. The legislation's creation is the subject
of discussion. This book examines India's groundbreaking Cyber security Act of
2000. Researchers looking to understand cyber crime and cyber law will find this
book helpful.

5) Rodney D. Ryder's Cyber Law: A User's Manual (2003 Edition).

When it comes to cyber crime, this book covers everything. The information
age has come of age in the 20th century. These days, everything happens online.
Although this technology was developed with business applications in mind, the
average person's everyday interactions with the online world mean that cyber law is
now an integral aspect of life for everyone. This book covers the history of the whole
cyber universe. The author explained how governments throughout the world have
begun to regulate and accommodate internet commercial communication.

The author explains how the world community came together to debate this
problem at the inaugural world conference on the online transaction. The author first
provided an overview of cyber law from a global viewpoint before covering every
major convention dedicated to the topic of the internet. The UNCITRAL framework
for online legal disputes is then discussed. The act and its commentary provide the
background to the key sections of the Information Technology Act of 2000.
Researchers will benefit from reading this book.

6) A. Barkha According to U. Ram Mohan's "Cyber Law and Crime," published by

Asia Law House in its third edition in 2011 and located at p. The book's author is an

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active lawyer in the A.P. High Court. The author analyses the Information
Technology Act through the lens of cyber law and cyber crime. The author describes
the steps involved in a search and seizure while addressing cyber crime. The focus of
this book is on the legal provisions and investigative procedures specific to cyber
crime. Books like these are useful for researchers because they provide light on the
challenges and practical issues unique to the investigation of cyber crime.

7) The second edition of Dr. Mrs. K. Sita Manikyam's book Cyber crime, a Global
Threat, was released by Hind Law House in 2009.

If you want to know how the law and technology interact, this book will help.
The book is divided into 10 sections, the first of which focuses on technology and
how it is used in everyday life. The author goes on to explain how invasions of
privacy and other rights are impacted by technological abuse. Using computer
technology to invade someone's privacy is now considered a kind of cyber crime.
The second section of the book is dedicated to the author's theoretical dissection of
cyber crime.

The book focuses on distinct types of cyber crime and the methods used to
investigate them. Due to a lack of information, cyber crime investigations have
become more difficult for law enforcement. The author outlines the steps to take and
the answers to the questions raised by the inquiry. Last but not least, the author
addressed the issue of cyber crime's jurisdiction, making this an invaluable resource
for understanding the fundamentals, policies, and perspectives behind this growing
threat.

8) S.C. Sarkar, Indian Law House, New Delhi, 2004 (8th edition). Code of Criminal
Procedure.

The focus of this work is on the methodological side of criminal law.

Protecting society against cyber crime requires an inquiry into the issue, which is a
matter of state. Since violations of the Information Technology Act are within the
purview of typical company law, the same authorities often investigate them. This
book is helpful for researchers since it focuses on the procedural aspects of
traditional crime.

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9) Cyber Law, Cyber Crime, the Internet, and Electronic Commerce: First Edition
(2011), by Prof. Vimlendu Tayal, Bharat Law Publication, Jaipur.

Experts in the field of cyber law and related topics have contributed essays to
this volume. This book is a fantastic resource for learning about cyber law and cyber
crime. This book explains the laws that pertain to cyber crime and the relevant
concepts that surround it. Cyber crime and cyber law are also addressed from a
variety of perspectives by the various authors. This aids the researcher in grasping
both the theoretical foundations of cyber crime and its operational manifestations.
The Information Technology Act of 2000 and associated issues are discussed.

Objectives of the Study

The following objectives of the study are specified hereunder:

i. To track the evolution of Cyber Crime Laws and the constitution provisions
thereof;
ii. To understand the cyber laws that govern cyber crime, such as the Computer
Fraud and Abuse Act and other similar statutes;
iii. To highlight the changing scenarios in cyber crime investigations;
iv. To make an appraisal of the actual implementation of Cyber Laws, including
perceived digressions;
v. To understand actual limitations and shortcomings of the cyber crime
investigations & legal processes, especially Code of Criminal Procedure and the
Indian Evidence Act;
vi. To compare and contrast traditional Indian criminal law with cyber crime and
related legislation.

Scope of Study

The study aims to understand how cyber laws have evolved into the legal
framework of our system over a period of time. The definition of a number of crimes
in India's penal code has been revised significantly as of 2013. Like the Indian Penal
Code section 354(D), which addresses stalking, there must be laws in place that are
enough to deter the crime that is likely to be perpetrated by means of technology.
The study's stated goal is to examine cyber crime in light of Indian legislation.

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Whether or not existing criminal law contains adequate provisions for controlling
and prohibiting cyber and new technical crime, the Indian Penal Code is a
universally recognized body of law that governs virtually every type of criminal
offence imaginable. When considering whether or not to alter the Information
Technology Act, it is important to consider the relationship between cyber crime and
criminal law in India. Because of the technological nature of cyber crime, the
perpetrator may do it from anywhere, much like traditional crimes. This raises the
question of whether or whether the existing criminal legislation of India, both
procedural and substantive, is enough to prevent and punish online illegal activity.
The question of whether or not the existing legal framework is enough, and whether
or not further specialized investigative equipment is necessary, remains an active
area of study. The purpose of this research is to compare and contrast traditional
criminal law with Cyber law, and to learn more about the effectiveness of existing
laws in combating cyber crime.

Hypothesis

The following hypotheses are formulated for the present study:

 Conventional criminal law has jurisdiction over cyber crime.

 The methods used in cyber crime are distinct from those of traditional
crime, yet the crimes themselves are similar

 New rules are needed to control cyber crime since it represents an extension
of traditional crime.

 The fields of cyber law and criminal law are closely intertwined.

 The loopholes in the investigating process have increased the prevalence of

cyber crime.

 In order to control cyber crime, it is not necessary to pass any new

substantive laws, but rather to change existing procedural laws and establish
specialized investigative apparatus and adjudicatory power.

 A dedicated cyber crime investigation team is necessary for effective

control, and the current investigative authority would benefit from the
advice of legal and technical specialists.

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Methodology for Research
It is purely doctrinal. Literature review and research through access to hard
copy and electronic libraries is used as the primary source of information and data
collecting since it is appropriate to the purposes and objectives of the study. The
current criminal legislation and cyber law serve as primary sources. The primary
source for this study is the Indian government's Cyber Crime Act of 2012, as
amended. Concerns that have nothing to do with India's highest courts come from
the other sources. High court decisions and judgements are also used as references.
Cyber crime as seen by the judicial system. The primary objective of this study is
to examine the Indian legal system's cyber crime statute in order to compare and
contrast it with traditional criminal law.

The findings for the study topic have been obtained by comparing the data
received from the various sources.

Plan of the Study

The present study makes an insightful perspective into Cyber Crime laws in
India, including the experiments in the socio-political context of India; and examines its
recent significance and relevance in the following eight chapters.:

Chapter-I: Introduction

This opening chapter deals with an overview of the Cyber Crime Laws in India, along
with a background study of the need, change and relevance. This chapter includes the
present study’s objectives, hypothesis and methodology

Chapter-II: Conceptual basis of India’s Criminal Law

This chapter provides an historical overview of India’s Criminal Law System, defines the
conceptual aspects, inherent philosophical contexts and tracks its emergence as an
integral part of our jurisprudence and administration in India.

Chapter-III: Cyber Crime in India-The Legal Framework

This chapter presents the chronological account of the constitutional provisions on Cyber
Crime law in India, the development of the key legislative and legal provisions.

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Chapter-IV: Cyber Crime in India: Analysis and Investigation

This chapter presents the implementation and expansion of Cyber Crime law and
describes the Judicial and legislative actions and reactions to the Philosophy of Cyber
crime jurisprudence with references to select landmark cases.

Chapter-V: Laws dealing with Cyber Crime: A Global perspective

This chapter provides a comparative analysis of the experiments and experiences in

Cyber crime investigations and jurisprudence in India and major nations for a global
perspective.

Chapter-VI: Cyber Crime Prevention and Role of Government

This chapter discusses the conflicts of law as seen from the executive interventions in
Cyber crime investigation and implementation process and the constitutionality of the
actions.

Chapter-VII: Cyber Crime Law and Judicial Perspectives

This chapter presents the experiments in Cyber crime investigation and implementation
process as seen through judicial pronouncements and conflicts culminating in its current
relevance and status.

Chapter-VIII: Conclusion and Suggestion

This concluding chapter presents the findings of the study on Cyber crime law in India,
the drawn conclusions & suggestions for future studies.

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