Last Updated on June 21, 2024 by Satish Mishra
Due to modern day’s techno-savvy environment, we are getting addicted to the digital world more and that is why the crimes are increasing. The basic aim behind the development of the internet was to enhance the research and information sharing medium.
With time, its uses increased due to the introduction of e-business, e-commerce, and e-governance, etc. As a result, people started misusing it too, and for that, all the cyber legal issues are dealt with under the cyber laws.
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In India, cyber laws are mentioned in the Information Technology Act, 2000 (“IT Act”) which came into force on October 17, 2000. The main purpose of the Act is to facilitate the filing of electronic records with the Government and to provide legal recognition to electronic commerce.A Police officer not below the rank of Deputy Superintendent of Police can only investigate any offense under the I.T Act, 2000.
The rising Cyber Crime
As per the data by the National Crime Records Bureau (NCRB), many Cyber cases were registered under the Information Technology Act, 2000 in the past few years. Also many accused were arrested under the said act.
In order to curb such increasing cyber-crimes, Cyber Forensic Labs have been set up in collaboration with Data Security Council of India (DSCI), NASSCOM at the cities like Mumbai, Bengaluru, Pune, and Kolkata. The council has organized 112 training programmes on Cyber Crime Investigation and awareness and a total of 3680 Police officials, judiciary and Public prosecutors have been trained under these programs.
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Also to keep the pace with the program, the Indian Computer Emergency Response Team (CERT-In) issues certain guidelines regarding cyber-security threats. They also mention many measures that can be taken to prevent such cyber incidents and enhance the security of Information Technology process.
Facts of the related Case:
- The conversion rate of complaints into FIRs is astoundingly poor for the cyber cell of the Chandigarh Police, only 252 out of 9316 received from January 1, 2014, to March 31, 2019.
- According to police, the main reason is that complainants and the accused reach a compromise in a maximum number of incidents.
- Cops in the cyber cell told that most of the complaints were related to online stalking, sending lewd messages on mobile phones and uploading foul comments on social media.
- Police said that FIRs are mainly registered in cases of online and ATM fraud.
- According to the data, the number of complaints has doubled in four years. As many as 1169 complaints were filed with the cyber cell in 2014 but only 37 FIRs registered.
- That year cyber cell had claimed to solve 32 cases with the arrest of 18 accused. The next year, the complaints rose to 1412 and FIRs to 95, with cyber cell solving 69 cases with the arrest of 28 persons.
- Similarly, the cyber cell received 1480 complaints and lodged 40 FIRs in 2016, arresting 40 persons to solve 33 cases.
- The story was not different in the year 2017. Out of 2202 complaints, only 43 FIRs were registered, with 30 persons arrested and 41 cases solved.
- Last year, only nine cases were solved and 15 persons arrested. As many as 811 complaints were received, while two FIRs lodged in the first three months of this year.
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Conclusion
More we depend on technology, more will there be crimes. The cybercrime laws keep an eye over such issues. To develop the crime free society,the constant attempts are made to keep the criminalities low.
There are resolute efforts by the lawmakers to ensure that the technology grows in a healthy manner and it is used only for legal and ethical business growth and not for committing the crimes.
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Therefore, it becomes the duty of the three stakeholders the rulers, regulators, and lawmakers and agents such as Internet or Network Service Suppliers or banks and other intercessors and the users as well to keep in mind the security of the information shared online while extending their respective role within the permitted limits and ensuring compliance with the law.
You must consult best/top/expert cyber crime lawyers/legal advisors in Chandigarh Panchkula Mohali (Punjab and Haryana) before initiating any criminal proceedings against the culprits as they will help you draft a good cyber complaint with their expertise.
This post is written by Damini Aggarwal of Punjab University (2020 batch). For more info on subject, you may also dial 99888-17966.