Cyber Fraud And Phishing Offences
Cyber Fraud and Phishing Offences – Detailed Explanation
Cyber fraud and phishing are types of digital deception designed to obtain money, sensitive information, or property dishonestly. These offences are mostly covered under:
Indian Penal Code (IPC): Sections 415, 416, 417, 420, 463, 468, 471
Information Technology Act, 2000 (IT Act): Sections 66C, 66D, 66F, 43, 43A
1. Cyber Fraud
Definition: Using the internet or electronic means to deceive someone to gain money, property, or sensitive information.
Key Elements:
Dishonest intention to deceive
Using digital devices, email, or online platforms
Causing wrongful loss or wrongful gain
Case Laws:
State of Tamil Nadu vs. Suhas Katti (2004)
Facts: Accused sent obscene emails and fraudulently obtained private information of women to defame them.
Decision: The court convicted him under Sections 66, 66D (IT Act) and Sec. 420 IPC. Highlighted that using the internet to deceive constitutes cyber fraud.
K. Mahender vs. State of Telangana (2012)
Facts: Accused created fake bank websites to steal money from online banking users.
Decision: Court held that creating fake platforms with intent to cheat qualifies as cyber fraud under Section 66D IT Act and Sec. 420 IPC.
State vs. Ajay Kumar (2010)
Facts: Accused hacked government portal accounts and diverted funds.
Decision: Convicted under Sec. 66F (cyber terrorism) and Sec. 420 IPC. Court ruled that unauthorized access and diversion of funds amount to cyber fraud.
2. Phishing Offences
Definition: Phishing is tricking users into revealing sensitive information (like passwords, OTPs, bank details) by pretending to be a legitimate source.
Key Elements:
False pretence or impersonation online
Collection of personal/sensitive data
Intent to cause wrongful gain or loss
Case Laws:
Union Bank vs. Praveen Kumar (2015)
Facts: Accused sent fake OTPs and emails to bank customers, leading to unauthorized transactions.
Decision: Court convicted under Section 66D (IT Act) and 420 IPC, stating phishing emails and SMS constitute criminal deception.
State of Maharashtra vs. Ramesh Chauhan (2018)
Facts: Accused set up a phishing website mimicking a payment gateway to steal debit card details.
Decision: Court ruled that phishing is covered under IT Act Sec. 66C, 66D, and Sec. 420 IPC. Also emphasized that mere intent to collect data is punishable.
K. Srinivas vs. State of Karnataka (2019)
Facts: Accused sent fake lottery winning emails to trick victims into transferring money.
Decision: Court held that online deception to extort money qualifies as phishing and cyber fraud. Conviction under Sec. 66D IT Act and Sec. 420 IPC.
3. Identity Theft and Impersonation Online (Section 66C IT Act)
Definition: Fraudulently using someone else’s identity to gain access or commit a crime.
Case Laws:
S. Manohar vs. State of Telangana (2017)
Facts: Accused used fake IDs to open bank accounts and siphon money.
Decision: Court emphasized that impersonation online, even without physical contact, is punishable under Sec. 66C IT Act.
State vs. Deepak Sharma (2020)
Facts: Accused used a social media account of a victim to obtain crypto-wallet funds.
Decision: Court stated that phishing, identity theft, and social media fraud come under cyber fraud provisions. Convicted under Sec. 66C, 66D IT Act and Sec. 420 IPC.
4. Summary of Legal Position
IPC Sections: 415, 416, 417, 420, 463, 468, 471
IT Act Sections: 66C (identity theft), 66D (phishing/fraud by electronic means), 66F (cyber terrorism), 43 (unauthorized access), 43A (data protection)
Key points from judiciary:
Intent to deceive online is sufficient.
Cyber fraud includes phishing, hacking, fake websites, and online impersonation.
Conviction may include imprisonment and fine.
Courts treat online deception as seriously as physical cheating.
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