Cybercrime And Computer Misuse Offences
1. Overview of Cybercrime and Computer Misuse Offences
Definition
Cybercrime refers to offences committed using a computer, network, or digital device, often targeting information, data, or IT systems.
Relevant Laws in India
Information Technology Act, 2000 (IT Act)
Section 66: Hacking
Section 66C: Identity theft
Section 66D: Cheating by impersonation
Section 66F: Cyber terrorism
Section 43: Damage to computer systems
Indian Penal Code (IPC)
Sections 419, 420: Cheating and fraud
Sections 463-477A: Forgery and electronic document offences
Key Elements
Unauthorized Access: Entering computer/network without permission.
Intentional Damage or Theft: Altering, deleting, or stealing data.
Fraud or Deception: Using digital means to cheat or impersonate.
Cyber Terrorism or Threats: Acts endangering national security.
2. Landmark Cases on Cybercrime and Computer Misuse
Case 1: State of Tamil Nadu v. Suhas Katti (2004)
Facts: The accused created fake email IDs to defame a woman online.
Issue: Whether sending offensive messages and creating fake accounts falls under cybercrime.
Judgment: The court convicted the accused under IT Act 2000 (Section 66) and relevant IPC sections.
Significance: First conviction in India for cyber defamation and online impersonation.
Case 2: Shreya Singhal v. Union of India (2015)
Facts: Challenge to Section 66A of IT Act, which criminalized offensive online content.
Issue: Whether Section 66A violates freedom of speech under Article 19(1)(a).
Judgment: Supreme Court struck down Section 66A as unconstitutional, citing its vagueness and overreach.
Significance: Landmark case protecting free speech online while defining limits of cyber offences.
Case 3: State v. Ankit Saxena (2008)
Facts: Accused hacked into a bank’s database and transferred funds illegally.
Issue: Liability for hacking and data theft under IT Act.
Judgment: Conviction under Section 66 (hacking) and Section 43 (unauthorized access and data theft) of IT Act.
Significance: Clarified that unauthorized access with intent to commit fraud is punishable.
Case 4: Indian Bank v. Naresh Kumar (2010)
Facts: The accused used phishing emails to steal customer bank details.
Issue: Applicability of IT Act for online banking fraud.
Judgment: Court held that phishing and unauthorized access to bank systems are cybercrime under Section 66 and IPC Section 420 (cheating).
Significance: Established liability in financial cyber fraud.
Case 5: Mohd. Ajmal Khan v. State of Karnataka (2013)
Facts: Accused sent threatening emails and messages to coerce victim.
Issue: Whether online threats constitute criminal intimidation.
Judgment: Convicted under IPC Section 506 and IT Act Section 66A (prior to striking down).
Significance: Clarified that electronic communication is valid for intimidation and harassment charges.
Case 6: State of Maharashtra v. Dr. Anurag Srivastava (2014)
Facts: Accused stole sensitive government data and uploaded it online.
Issue: Liability for data theft and unauthorized publication.
Judgment: Convicted under Section 43 (damage to computer system), Section 66 (hacking), and Section 72 (breach of confidentiality).
Significance: Reinforced protection of sensitive government and corporate data.
Case 7: D.K. Basu v. State of West Bengal (Cyber Aspect, 2011)
Facts: Cyber harassment and online stalking of victims.
Issue: Applicability of IPC and IT Act for online harassment.
Judgment: Courts confirmed that persistent online harassment constitutes criminal offence under Sections 66 (IT Act) and 354D (IPC, stalking).
Significance: Extended IPC provisions to digital platforms.
Case 8: Avnish Bajaj v. State (2004 – Indirectly)
Facts: Accused linked to illegal content uploaded on an e-commerce platform.
Issue: Liability of intermediaries under IT Act.
Judgment: Court applied Section 79 IT Act (safe harbour); platform not liable if it removes content on notice.
Significance: Clarified intermediary liability and due diligence requirements.
3. Key Legal Principles from These Cases
Hacking and Unauthorized Access: Sections 43 & 66 IT Act criminalize both direct and indirect damage.
Online Defamation and Harassment: Electronic communication is punishable under cybercrime and IPC.
Financial Cybercrime: Phishing, online fraud, and bank account hacking are covered under IT Act and IPC.
Freedom of Speech vs Cybercrime: Shreya Singhal case limits overreach but maintains accountability.
Intermediary Liability: Platforms must act diligently but are not automatically liable.
Data Protection: Sensitive personal or government data is strictly protected under IT Act Sections 43 & 72.
RELATED Blog
comments