Tuesday 25 June 2024

What are cyber crimes? What will be evidence in cyber crime?

 Cyber Crimes: An Overview

Cyber crimes are criminal activities conducted using computers, networks, or the internet. These crimes encompass a wide range of illegal actions, including but not limited to:

  1. Hacking: Unauthorized access to computer systems or networks.
  2. Phishing: Fraudulent attempts to obtain sensitive information by pretending to be a trustworthy entity.
  3. Identity Theft: Stealing personal information to commit fraud or other crimes.
  4. Cyberstalking: Using the internet to harass or stalk individuals.
  5. Online Fraud: Deceptive schemes to defraud individuals or organizations via online platforms.
  6. Malware Distribution: Spreading malicious software to damage or gain control over systems.
  7. Denial of Service (DoS) Attacks: Disrupting services by overwhelming them with traffic.
  8. Intellectual Property Theft: Stealing or distributing copyrighted material without permission.
  9. Child Exploitation: Creating, distributing, or accessing child pornography.
  10. Cyber Terrorism: Using digital means to terrorize or threaten individuals, organizations, or governments.
  11. Evidence in Cyber Crime Cases: Indian Law Perspective

    In India, cyber crime cases are primarily governed by the Information Technology Act, 2000 and relevant sections of the Indian Penal Code (IPC). The evidence required to prosecute cyber crimes effectively includes various forms of digital data and expert testimonies. Here’s a detailed look at the types of evidence typically involved:

    1. Digital Forensics:

      • Data Recovery: Extracting deleted or hidden data from electronic devices.
      • Device Analysis: Examining computers, smartphones, and other digital devices for evidence of criminal activity.
    2. Network Logs:

      • Server Logs: Records of activities on web servers.
      • Router Logs: Information about network traffic and connected devices.
      • Firewall Logs: Data on incoming and outgoing network traffic filtered by security protocols.
    3. Email and Messaging Evidence:

      • Email Headers and Content: To trace the origin and content of fraudulent or malicious emails.
      • Chat Transcripts: Logs of conversations from instant messaging platforms.
    4. IP Address Tracking:

      • Source Identification: Identifying the location and device associated with the IP address used in the cyber crime.
    5. Electronic Documents and Metadata:

      • File Metadata: Information about the creation, modification, and access of files.
      • Digital Signatures: Verifying the authenticity and integrity of electronic documents.
    6. Financial Records:

      • Transaction Histories: Bank statements and online transaction records to trace fraudulent activities.
      • Cryptocurrency Transactions: Tracking blockchain records to follow the flow of digital currencies.
    7. Social Media Evidence:

      • Posts and Messages: Content posted on social media platforms that may be relevant to the crime.
      • User Activity Logs: Details of user activities, login times, and IP addresses used.
    8. Malware Analysis:

      • Executable Files: Examination of malicious software used in the crime.
      • Code Analysis: Detailed scrutiny of the malware's code to understand its function and origin.
    9. Expert Testimony:

      • Cybersecurity Experts: Professionals who provide insights into the technical aspects of the cyber crime and interpret digital evidence.
    10. Legal Documentation:

      • Chain of Custody Records: Documentation of how evidence is collected, preserved, and handled to ensure its integrity and admissibility in court.

    Relevant Indian Laws

    • Information Technology Act, 2000: This act is the primary legislation addressing cyber crimes in India. Key sections include:

      • Section 43: Penalty for damage to computer, computer system, etc.
      • Section 66: Computer-related offenses, including hacking.
      • Section 66C: Punishment for identity theft.
      • Section 66D: Punishment for cheating by personation using computer resource.
      • Section 67: Punishment for publishing or transmitting obscene material in electronic form.
    • Indian Penal Code (IPC): Certain sections of the IPC also apply to cyber crimes, such as:

      • Section 419: Punishment for cheating by personation.
      • Section 420: Cheating and dishonestly inducing delivery of property.
      • Section 463: Punishment for forgery.
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