Cybercrime has become the greatest threat to individuals, enterprises, and governments in the modern world. Cyber criminals are utilizing complex methods, including ransomware, phishing, and hacking, to take advantage of vulnerabilities in computer systems as digital infrastructure and internet access spread. In addition to causing financial loss, these offenses jeopardize digital trust, national security, and personal data. In order to address these difficult issues, legal systems are slowly changing, particularly in nations like India.
Understanding the threats
Hacking: Gaining unauthorized access by taking advantage of flaws in computer systems, networks, or software. Among the methods used by hackers are malware injection, brute-force attacks, SQL injection, and social engineering. There are several possible motives for hackers, including financial gain, ideological convictions, and personal difficulties. Examples include social engineering (deceiving people), SQL injection (exploiting database weaknesses), brute-force assaults (repeatedly attempting passwords), and malware injection (injecting harmful code).
Phishing is a type of social engineering in which perpetrators impersonate legitimate organizations to deceive people into disclosing sensitive information like usernames, passwords, or financial information. Sending fraudulent emails or text messages that seem to be from reliable sources, such as banks or online merchants, is a common technique used in phishing attempts. The purpose of phishing assaults is to get access to online accounts, install malware on computers, or steal personal information. Examples include deceptive text messages or emails, fake websites, and harmful attachments or links.
Ransomware – Ransomware is a kind of malware that encrypts a victim’s data or system, rendering it unusable until a ransom is paid. Ransomware assaults can harm a company’s reputation, result in financial loss, and interrupt operations. Phishing emails, infected websites, or harmful software downloads are frequently used to spread ransomware. Examples include file encryption, lockscreen ransomware, and ransom payment requests.
IT Act, 2000’s legal provisions
The penalty for harming a computer, system, or network is found in Section 43.Pertains to anyone who enters a computer or network without authorization and causes harm. Remedy: Civil responsibility (payment to the victim).
Offenses involving computers are covered under Section 66 of the law (if committed fraudulently or dishonestly): If done with malicious intent, it turns Section 43 offences into criminal offenses. Penalties include up to three years in prison and/or a fine of up to ₹5 lakh.
Section 66D – Cheating by impersonation using computer resources: Includes online fraud and impersonation, such as phishing assaults. Penalty: A fine of up to ₹1 lakh and/or a term of imprisonment of up to three years.
Identity theft is covered under Section 66C. Using a person’s password or digital identity for phishing. Penalties include up to three years in prison and/or a fine of up to ₹1 lakh.
Section 66F – Cyber terrorism (if national security or essential systems are impacted): This applies if ransomware targets government, military, or infrastructure systems. Sentence: Life in prison.
Legal Remedies Available Under the IPC
Theft (of data, if interpreted broadly) is covered under Section 378. Penalty: Up to three years and/or a fine
Sections 425 and 426: Mischief (destroying data, software, etc.) Punishment: Fine or up to three months of prison
Cheating by Personation, Section 419 Pretending to be someone else in order to perpetrate a fraud (common in phishing) Punishment: A fine and/or a sentence of up to three years.
CONTRIBUTED BY- SHIKHA