Cyber, Internet, Information Technology

Introduction

Cybercrime is a criminal offense that takes place using computers, the internet, or a computer network. As India has gone through the process of digitization at a very high pace, the crime rate in cyberspace has been enhanced as well such as hacking, identity theft, financial frauds and cyber stalking. 

What qualifies as cybercrime? 

Cybercrimes involve criminal acts that utilise computers or other electronic gadgets and the services related to this include hacking, identity theft, phishing, ransomware and financial fraud, cyber bullying. 

What is the prevalence of cybercrime in India? 

Computer crimes are on the increase every year due to increased instances of electronic commerce, banking and use of the internet. The risks are associated with persons and companies, hence, there are enhanced measures that seek to mitigate them. 

What can ordinary people do to guard themselves against cybercrimes? 

To prevent such attacks one can protect oneself by using strong passwords, enabling two-factor authentication, avoiding links that seem more than suspicious, always making sure to update one's software and lastly avoiding to give out ones personal information over the internet. 

Classification of Cybercrimes in India 

Cybercrimes can be defined as a wide category of criminal conduct made possible through computer technology and the internet. Cybercrimes have become very rampant in India due to increased use of digital technology; each type focuses on different aspects of one’s and organization’s digital existence. Here’s an in-depth look at the major types of cybercrimes prevalent in India:Here’s an in-depth look at the major types of cyber crimes prevalent in India: 

Hacking and Unauthorized Access 

Definition: The process of hacking aims at unauthorized access to the computers or a network system with a view of compromising the data owned by another person. This can involve purposely going around security procedures to be able to take charge of the systems or obtain information without following the correct procedures. 

Types of Hacking

• System Hacking: When an unauthorized person gains access to personal or other peoples’ computers to obtain information or spy on them. 

• Network Hacking: Unauthorized breaking into a network to acquire information that belongs to other people or that is of a confidential nature. 

Impacts: 

• Data Theft: Identity theft, financial or business information and property theft. 

• System Manipulation: Modifying information or eradicating it or modifying functions or features of the systems. 

• Financial Loss: Sustaining costs in the form of lost data and the cost of having to repair or replace damaged systems. 

What exactly is Hack and how does it impact people? 

Hacking is the breaking into of computer systems or networks without the owner’s permission for the purpose of corrupting the data. Consequently, it can result in massive financial loss, leakage of sensitive information and tarnishing of both personal and corporate image. 

What are the ways of guarding oneself against hacking? 

Personal preventive measures include the use of strong and unique passwords, where necessary, the use of two-factor authentication, updating of software frequently, and the use of good security software to identify and deter malicious users. 

What should I do if I am convinced that I have been hacked? 

Inform your local law enforcement agency, notify your bank if your financial details are involved, and engage the services of an IT specialist to prevent further unauthorized access to your systems and information. 

Online Financial Frauds 

Online financial fraud refers to a criminal act that uses deceptive means to obtain money or personal financial data from a person. This can be: phishing scams, credit card frauds, UPI scams etc. 

Types of Online Financial Frauds

• Phishing: Attempts made by persons intending to defraud individuals or institutions with a view of gaining access to their passwords or credit card numbers and other details. 

• Credit Card Fraud: It normally applies to a scenario whereby an unauthorized person uses another’s credit card details to make purchases or cash withdrawals. 

• UPI Fraud: The frauds that involve use of UPI to facilitate transfer of money without the consent of the genuine recipient. 

Impacts: 

• Financial Loss: It is obtained that a victim may sometimes lose his/her money from his/ her account and/ or credit card. 

• Identity Theft: Sacrificed financial information can be used to continue other fraudulent acts. 

Which are the most prevalent online financial scams? 

Some of the regular online financial frauds that the people commit are emailing money scams, credit card scams, and UPI scams. These include cases where a perpetrator tricks victims into disclosing personal information or sharing their money due to fraud. 

What can I do in order to guard myself from falling victim to online financial scams? 

Some of the steps include avoiding responding to emails or messages requesting personal details, when making purchases, using secure links, checking your accounts statement frequently, and turning on notifications for transactions. 

What must one do if he or she is a victim of financial fraud? 

Contact your bank or financial institution as soon as possible, file a police complaint and follow measures to ensure the accounts and identity are protected. 

Identity Theft 

Identity theft is a criminal act whereby a person uses another individual’s personal details with the intention of cheating, conning, defrauding, or engaging in other unlawful deeds including borrowing money, buying goods, or applying for a job or social security benefits. 

Methods: 

•  Data Breaches: Theft of databases for personal details. 

•  Phishing and Social Engineering: Deception to get the subjects’ information. 

Impacts: 

• Financial Fraud: The other inappropriately used personal data for purposes of making financial gains. 

• Reputational Damage: A person can lose his or her reputation, be financially bankrupt, and his or her credit rating reduced. 

What does identity theft mean, and how can it impact me? 

Identity theft therefore refers to the process whereby an individual’s information is obtained by an unauthorized person with ill intent. This can result in monetary loss, credit challenges and inconveniences to the individual. 

What measures should be taken to avoid identity theft? 

Check your credit reports frequently, keep your passwords safe, avoid posting your information online, and protect your gadgets. 

What measures should be taken in case of identity theft? 

Go to the nearest police station and file a case, contact your bank and the credit reference agencies and follow procedures to safeguard your accounts and identity. 

Cyberstalking and Harassment 

Cyberstalking takes place in the online platform where individuals are tormented, threatened or harassed. This may involve cyber bullying through passing of nasty messages, posting fake news or even spying on the targeted individual. 

Types of Harassment: 

• Online Harassment: Harassment means sending messages that are unwanted and in one way or the other mean at the victim, especially when they are sent consecutively. 

• Social Media Harassment: Gossiping, bullying or attempting to tarnish someone’s reputation through posting rude and unpleasant comments or posting information that is personal that was given under the condition of confidentiality. 

Impacts: 

• Emotional and Psychological Trauma: The effects may be felt in the mental health well-being of the victims through anxiety, depression among others. 

• Reputational Damage: Reputation plays an important role in people’s lives, and its loss can have negative consequences for a person in their professional life and personal life. 

What is cyberstalking and harassment? 

Cyber stalking and cyber harassment is the act of using technology to annoy or threaten the other party. This comprises of bullying, cyber-torture, which entails sending threatening or harassing text messages, posting or forwarding nasty messages, and cyber stalking, which entails spying somebody. 

What measures can I take to safeguard myself against cyberstalking and harassment? 

Activate the options of privacy on the social networks, report and block the aggressors and keep the proof of demonstrations of harassment. However, if the harassment continues the best course of action would be to seek the services of a lawyer. 

What shall I do if I am being stalked or harassed online? 

Try to report the harassment to the social media platforms, go to the police and get legal counsel about this issue.  

Child Pornography and Exploitation 

Child pornography entails the making, transmitting or possession of material containing sexual content of children. Exploitation includes any sexual abuse or exploitation of children done through technology assistance. 

Types of Offenses: 

• Distribution: Posing for sexually suggestive photos, sharing or selling child sexual abuse material. 

• Production: Generating or obtaining such content. 

Impacts: 

• Severe Psychological Harm: Many victims experience post-traumatic conditions that affect them emotionally and psychologically. 

• Legal Consequences: Criminals receive severe repercussions according to the provisions of the law. 

What is considered as child pornography and exploitation? 

While child pornography concerns any material that is sexually depicting minors, exploitation involves using children in other malicious ways through the use of computers. 

Where can I report cases of child pornography or child exploitation? 

If you come across such content, report it to the National Cyber Crime Reporting Portal, call the police or inform organizations for the protection of children. 

What are the legal penalties of those involved in child exploitation? 

The laws of India provide severe punishment for the offenders and this includes long years of imprisonment and heavy penalty. The laws are meant to safeguard the innocent especially the children and curb such crimes. 

Ransomware and Malware Attacks 

Ransomware is precisely an unauthorized entry into a system for the purposes of encryption of data or locking the systems then demanding for a ransom to be paid in order to regain access to the data in question. Malware is the short form of malicious software and this is software that has been designed to cause harm to systems. 

Types of Attacks: 

• Ransomware: It encrypts files and then asks the user to pay in order for them to have access to their data. 

• Malware: Comprises viruses, trojans and worms with intent to harm or to acquire unauthorized access to systems. 

Impacts: 

• Data Loss: Lack of ability to regain or recover lost or deleted files. 

• Financial Loss: An ordinary expense for the redemption of stolen data or the restoration of harmed computer-related structure. 

What is ransomware and what does it do to my computer? 

Ransomware is a virus that encodes your files, locking you out until you pay a fee to regain access to them. It is capable of leading to loss of data and even leads to financial loss. 

What can I do to prevent getting affected by ransomware or malware? 

Always update computer software, and use antivirus softwares, always back-up files, do not open unknown links or download unknown attached files. 

What should I do if my system presents with Ransomware or Malware? 

Log out of the internet, get assistance from a technician and inform the police on the attack. Do not pay the ransom money because there are chances that you might not get back your data even after making the payment. 

Cyberterrorism 

Cyberterrorism is the use of computer technology to perform terrorism that aims at placing the security of a country or the safety of its citizens under risk. This can range from stealing into important systems or influencing the community to panic through fake news. 

Types of Attacks: 

• Infrastructure Attacks: Attacking critical infrastructures that include power and energy sectors and transportation networks. 

• Information Warfare: Influencing the target groups to believe fake news or information that aims at causing anarchy in societies.

Impacts:

• National Security Threats: Interference with the critical structures creates a potential for extensive disconnection. 

• Public Safety Risks: Causing fear or panic through technological platforms affects societies in several ways. 

What is cyberterrorism, and how does it relate to the security of a country? 

Cyberterrorism refers to the act of employing computer systems and networks to compromise sensitive infrastructures or disseminate false information that could pose harm to the nation and its people. 

What measures should be taken to avoid cyberterrorism? 

Be alert on potential threats, employ strict security measures for both individual and organizational systems and adhere to cybersecurity governing bodies. 

What preventive measures are employed to curb cyberterrorism by the different authorities? 

It investigates cybert crime, protects infrastructure and national security from cyber threats and acts as the policy making arm of the government on cyber security.  

Social Media Frauds 

Social media frauds refer to fraud activities that are carried out on social media platforms. This may involve identity theft, sharing of fake information or news or even engaging in fraudulent activities. 

Types of Frauds

• Impersonation: Impersonation to defraud others or to obtain unauthorized privileges. 

• Fake News: Disseminating fake or fake news with the intention to mislead the public for any gains. 

• Social Media Scams: Scams to defraud users out of their cash including personal details. 

Impacts 

• Reputational Damage: Fraud or fake news can lead to more negative impact to the reputation of individuals or organizations. 

• Financial Loss: Such crimes include swindling or scamming an individual and taking his/her money away from him/her. 

What are social media frauds, and how can they affect me? 

Social media frauds include acts of fraud implemented on social media platforms which include impersonation and fake news. It can result into reputational loss, occurrence of great financial losses as well as spreading of wrong information. 

What are some measures that one has to take to avoid falling prey to con artists on social media platforms? 

Check the reliability of information and people’s accounts, do not disclose personal information to strangers, and block or report shady behavior. 

What should I do if I come across a social media fraud? 

Inform the social media site of the fraud, alert other agencies if required by the law, and safeguard your accounts and identity. 

Sextortion (Video call)

Sextortion through a video call is a type of cybercrime where the offender persuades the victim to engage in sexual acts through a video call. The perpetrator records it and later sends a message that they’ll post it online unless they are paid. The threats are made, mainly through the social networks or the instant messaging, and the victim obeys because of the fear and the shame. 

What should one do if he or she becomes a victim of sextortion? 

Cease all contact with the perpetrator; refrain from paying any ransom; and contact the local police or the cybercrime unit. 

Am I threatened of being blackmailed if I don't do the acts as required? 

The blackmailer may still retain some other images or build other false stories, therefore it is advisable to consult a lawyer. 

What can I do to avoid getting sextorted? 

Do not use video calls to make obscene gestures with strangers and make sure that all social network profiles are protected. 

Share Investing/Telegram Channel Fraud 

Criminals set up fake Telegram groups that promise reliable information or guaranteed, high return on stock investments. Other scammers entice their targets with returns saying one can gain a lot of money through investments. Once the victim sends money for an investment, the criminals vanish, and the victim has no value for his/her money as well as time invested. 

How to track down a fake Telegram channel? 

Avoid these channels since they will guarantee you a certain amount of sales, and they shall be required to make payment upfront. Always consult a qualified financial planner in regards to the authenticity of any investment tips. 

What should I do if I have been defrauded? 

You should report the fraud to the police and your bank immediately. Keep all the records that would support the accusations like chat threads, receipt of completed transactions. 

Are there legal measures with which such fraud can be addressed? 

Yes, victims can seek legal redress under different financial and cybert crime laws, however, getting back the money is usually a challenge. 

Custom Package Fraud 

Custom package fraud is mostly realized when an unsuspecting user requests for a custom package service online for instance customized clothes, new products, among others, and the user pays online. This may mean the fraudster would supply a very low quality product if even a product is delivered at all, otherwise the consumer is left with nothing after paying the fraudster.

What precaution should I take so as to avoid falling for the customs package fraud? 

Always try to work or transact only with successful and legitimate companies only. Check the reviews, make sure the seller is trustworthy and never pay in total before the item has been shipped.  

What should one do if he/she has been a victim of fraudulent activities? 

Contact the seller first. If they fail to respond, report the fraud to the consumer protection department and report the matter to the police.  

Can I get my money back in the event that a business is fraudulent? 

This varies depending on the mode of payment that you intend to use or the policy the seller has, and in some cases, you are required to take legal action.  

Electricity Bill Fraud 

Victims of electricity bill fraud mostly receive fake electricity bills or receive a call which informs them that they owe the electrical company some money and must pay immediately, else their power will be disconnected. They may imitate the numbers or the addresses of genuine utility companies meaning that the messages may easily be mistaken as genuine bills.  

What are signs that a person is being given a fake electricity bill? 

Be especially careful and look for inconsistencies in the bill like account number, or amounts. Be certain with the amount through the electricity provider.  

What do I have to do when I get a probable fraud bill? 

Call the utility provider directly and retain the number that you used to get the official contact of the company in question, to look for confirmation on the bill’s authenticity.  

Will I be disconnected if I haven’t made a payment? 

Legal electricity firms always inform their clients several times before cutting off their supply. Never pay without confirmation.  

Escort Service Fraud 

One of the most common types of scams that are being spread all over the internet is the escort service fraud. In fraud cases, victims are required to make the initial deposits for the supposed services they are going to receive but after agreeing to do so, the scammer disappears or otherwise starts to ask for more money under other frivolous reasons.  

What are the signs of an escort service’s scam? 

Do not use the services that require the full payment immediately and these should not be payments through wire transfer or gift cards.  

What can I do when I have been a victim of a scam? 

In cases where the fraud is being carried out over the phone, forward the information to the police and also disengage with the scammer. Do not share your personal information with anyone. 

Scam of Online Data Entry Job 

Another popular type of online fake job scams include post vacant data entry jobs which call on people to work from home and earn big. They have to register at a nominal fee or purchase software for them in every software program. After making a payment they are given no work to do or are given a work that is almost impossible to accomplish, as a way of not paying them. 

How can one tell apart a genuine online data entry job? 

This is very important because any genuine and professional or legitimate company does not demand or request any cash deposits from its clients. It is also important to look into the companies’ background history and review whether there have been any complaints lodged against the company. 

What steps should be taken if one has fallen victim to a scam? 

Inform the local police or any other law enforcement agencies, and fraud complaint websites. If the payment was made through a bank or credit card, then contact the bank. 

How is it possible to have my money back? 

Recovery is never easy, but possible either through the legal system or through the various procedures afforded by the bank in case of delay on the part of the buyer in honoring the payment method used. 

Legal Framework Governing Cybercrime in India

India has an array of statutes and amendments that make up the legal system for combating cybercrimes in the country. There are mainly two primary laws in India namely Information Technology (IT) Act, 2000 and the Indian Penal Code (Now the Bhartiya Nyaya Sanhita, 2023) which is also modified periodically to meet new challenges of cyber criminals. Here’s a detailed overview of these legal provisions:

The Information Technology (IT) Act, 2000 

Indian legislation based on the fight against cybercrime starts with the IT act 2000. It creates legal requisites relating to electronic sale, use of personal data, electronic fraud and malware as well as their prosecution. Key sections and offenses under the IT Act include: 

Key Sections 

• Section 43: Relates to liability and remedies for prejudice to any computer, communication system or data stored in the network by any person without the authorization of the owner of the system. 

• Section 66: Stipulates hacking with the intention of compromising or destroying data, and unauthorized access to computer networks. Penalties keep up to imprisonment for a term of 3 years or a fine or both. 

• Section 66C: This includes identity theft, which entails unauthorized use of another person’s electronic signature, password or any other identification details. This section provides for disciplinary action in the form of imprisonment for a term, which may extend up to 3 years and/or pay a fine of up to ₹ 1 lakh. 

• Section 66D: Refers to cyber fraud which involves impersonation and false representation through electronic means. It prescribed an imprisonment for up to 3 years and/or with a fine of up to ₹ 1 lakh. 

• Section 67: Deals with the sending, transmission of information of an obscene nature in any electronic form. Conviction can result in imprisonment for up to 5 years and/or a fine of up to ₹ 10 lakh. This implies that subsequent offenses may attract even harsher penalties. 

• Section 72: Relates to confidentiality and privacy violation, which focuses on the unlawful disclosure of information acquired while performing duties. The penalty range of imprisonment of the convict varies from half a year up to 2 years along with a fine starting from ₹ 50,000 up to ₹ 1 lakh. 

What is the IT Act, 2000? 

The IT Act 2000 is the primary legislation regulating electronic commerce, data protection and cyber crime in India. It offers the legal means for handling crimes like hacking, Identity theft, cyber fraud, and publication of obscene material. The Act also allows authorities to follow and prosecute individuals that violate the law and known methods of data protection. 

What are the kinds of offenses that fall under the provisions of the IT Act? 

Yes, the IT Act has provisions for cyber crimes and it entails cyber crime such as hacking which is getting unauthorized access into a computer system, identity theft was using someone’s electronic identification information without his or her permission and cyber frauds such as phishing. It also looks at the issue of placing obscene material on the web and various violations of the latter. 

What are the penalties for offenses under the IT Act? 

Fines differ depending on the extent of the violation. For instance, hacking can lead to a maximum of 3 years’ imprisonment or a fine. Cyber fraudsters, identity theft are also punishable with similar consequences. Obscenity lets out publication may attract up to 5 years imprisonment and fines. The IT Act lays down different penalties for different types of offences. 

Indian Penal Code (IPC) 

The IPC is an extensive law that incorporates different criminal activities, including cybercrimes. Several sections of the IPC are relevant to cybercrime: 

Key Sections: 

• Section 420: Relates to cheating and dishonestly inducing any person to deliver any property to any person. This section applies to an internet fraud where the fraudster tricks the victim into releasing cash or other valuable items. 

• Section 469: Relates with forgery with intent to defraud, that is to damage someone’s reputation. This encompasses such things as computer fraud and altering electronic documents for the purpose of cheating others or injuring them. 

• Section 500: Concerns defamation, and with particular emphasis on online defamation whereby false statements that are likely to lower the reputation of a person are posted on social media. 

• Section 406: Refers to criminal breach of trust, where they involve digital transactions or data, or are used or dealt with unlawfully. 

Is it possible to prosecute cyber crimes under the IPC? 

Indeed, a number of the cybersecurity offenses can also be prosecuted under the IPC. For instance, online fraud and cheating can be prosecuted under IPC Section 420, and defamation through computers can be prosecuted under Section 500. 

What are some of the cybercrimes that the IPC recognizes? 

Some of them are cyber fraud (IPC section 420), cyber forgery (IPC Section 469), and cyber defamation (IPC Section 500). These provisions relate to offenses that take place on the internet but have their offline counterparts in physical crimes. 

In prosecution of cybercrimes, how does the IT Act complement the IPC? 

The IT Act particularly dealing with cyber related offenses is a comprehensive document encompassing the legal framework of digital crimes. The IPC encapsulates wider crimes that might be perpetrated through digital means, for instance, cheating, defamation and betrayal. Despite the similarities between both laws, they can be implemented together depending on the type of cybercrime hence providing adequate legal solutions for the crimes. 

Constitutional Amendments and Other Related laws 

Recent Amendments

• Information Technology (Amendment) Act 2008: It incorporated the guidelines for data protection and penalties for not protecting sensitive personal data and stronger penalties for Cyber criminals. 

• The Personal Data Protection Bill, 2019:-Another bill with an intent to control and safeguard the personal data. Although it has not been passed as an Act yet, it will revolutionarily change how data breaches and violations of privacy are dealt with. 

What are some of the new changes in the IT Act? 

The recent changes including the IT (Amendment) Act of 2008, have proposed higher penalties for violation of data protection and better provisions for addressing cyber crimes. The Personal Data Protection Bill 2019 proposed by the government of India intends further to regulate issues of data protection and privacy. 

How do these amendments affect the prosecution of cybercrime? 

They advance the legal regime as they increase sanctions for data breaches, and extend definitions of cybercrimes. It also brings new sections to meet the new challenges that are surfacing like data protection and online privacy to the protection of the law from being outdated by technological development. 

Remedy Procedures Available To The Cybercrime Victims 

In India, cybercrime victims have several legal right ways which they can turn to. It is essential to get acquainted with the measures that one can take to seek redressal to start legal actions and to safeguard one’s rights and liberties in the realm of cyberspace. 

You can go and file an FIR (First Information Report) 

Anyone who feels they have been the victims of cybercrime can go to the nearest police station and report by filing an FIR. They can also report to the cybercrime cells, who are normally manned by trained officers in dealing with cyber-related complaints. FIR stands for First Information Report is a very initial step to be taken because after this, the law takes note of the crime and starts with the investigation. 

National Cyber Crime Reporting Portal (https://cybercrime.gov.in) 

Another notable measure was taken by the Indian government in the form of National Cyber Crime Reporting Portal, which serves as an online portal where people can register cases related to cybercrime. Through this portal citizens can complain from the comfort of their homes especially in cases of cyber fraud, harassment among other computer related crimes. It eases the process since the complaint is forwarded to the relevant state or central cybercrime agency. 

Special Cybercrime Cells 

Various states of the country have formed specialized cybercrime units to tackle cyber-crimes cases. Such units have professionals and technical support to address cybercrime that includes hacking, fraud, identity theft and the like. Criminal teams are necessary to guarantee that innovative excessive-caliber cybercrime is identified, evaluated, or perhaps addressed in the most ideal approach. 

How to file a cyber crime complaint 

Below is a simplified chart showing the process of filing a complaint and the subsequent steps involved in the redressal process:Below is a simplified chart showing the process of filing a complaint and the subsequent steps involved in the redressal process: 

Step 1: Definition of the Cybercrime 

Example: These crimes include hacking, identity theft, phishing, different types of online financial frauds and others. 

Action: Gather all proofs related to the fraud; screenshots, emails with and to the vendor/scammer, transaction information, etc. 

Step 2: File a Complaint

Option 1	Option 2
Visit a Local Police Station	Online Filing via National Cyber Crime Reporting Portal
File an FIR in person.	Visit cybercrime.gov.in
Provide the necessary evidence	Choose the relevant category of cybercrime (fraud, harassment, etc.).
Receive an acknowledgment of FIR.	Upload evidence (screenshots, emails, etc.).

Step 3: Case Transferred to Cyber Crime Cell 

Local Police Station or Cyber Crime Cell: Once the FIR is lodged or an online complaint lodged, the case is forwarded to the concerned cybercrime investigation cell. 

Investigation Initiated: Cybercrime cells initiate examining the complaint, collecting relevant evidence, and tracking the criminals. 

Step 4: Ongoing Investigation 

Technical Support: These cybercrime cells rely on specialized equipment to trace clues and track the criminals. 

Victim Support: They are always informed on the progress of the case whenever there is any. 

Step 5: Legal Proceedings 

Charges Filed: As per the investigation if the facts of the case are corroborated then the charges are formulated against the culprit. 

Court Proceedings: Legal action comes next and this case goes to trial for determination. 

Where can one report a cybercrime? 

It is possible to report a cybercrime to the police and this can be done by reporting an FIR at the nearest police station or by reporting to a cybercrime cell. However, one can also file their complaint through the National Cyber Crime Reporting Portal  https://cybercrime.gov.in  where complaints can be filed without having to make a physical visit to the commission. 

Is it necessary for me to go to the police station to file a complaint? 

No, you don’t need to visit the police station physically. You can report cybercrimes online through the government’s cybercrime portal, https://cybercrime.gov.in. The reporting of cybercrimes can also be done through an online portal which will reduce time and be convenient. 

What should I expect if I report a cybercrime? 

During filing of a complaint, one is referred to a cybercrime cell or investigation unit and their case taken through the process. The authorities are going to start from gathering digital evidence, tracking the crime, and finding the culprit. If enough proof is obtained, then the legal action will be carried against the cybercriminal. 

Indian Government Agencies Concerned with Cybercrime 

With the increase of cybercrimes across the world, India has set up numerous specific entities and sections. These bodies not only act as investigators of cybercrimes but also act as preventers of cybercrimes hence ensuring that the security of the nation’s cyber space is enhanced. Let's explore some of the key government bodies involved in combating cybercrime in India:

Indian Computer Emergency Response Team (CERT-In)

Role: 

CERT-In stands for Indian Computer Emergency Response Team and it is the nodal agency of India which handles matters relating to cyber security incidents. It is an organization under the Ministry of Electronics and Information Technology providing guidelines to counter cyber threats in the Indian cyberspace and work for coordinating cyber-security incidents. 

Key Functions: 

• Incident Response: CERT-In is responsible for the handling of cases of cyber security threats such as data theft or loss, malware infection and phishing. 

• Advisories and Alerts: It notifies the government and private organizations of threats and possible vulnerabilities that a business entity may face in the internet world. 

• Cybersecurity Coordination: It is also responsible for coordinating with the police forces as well as other specialists in order to provide quick reactions to cyber threats. 

• Capacity Building: To reduce cyber risks the organization educates government departments, corporations, and individuals on proper measures to observe in the face of cyber threats. 

Cyber Crime Investigation Cells 

Role: 

Cyber Crime Investigation Cells are present in different states and cities that have been set up to deal with cyber crimes. These cells are made of personnel who have been trained in conducting searches on issues that are considered to be cyber crimes like hacking, identity theft, fraud and cyber harassment. 

Key Functions: 

• Investigations: These cells are involved in solving cybercrime incidents through gathering of electronic evidence, tracing IP numbers and the use of efficient forensic equipment in arresting the criminals. 

• Technical Support: The units involve technical assistance and help the police force during investigation of cyber crimes. 

• Public Support: Cybercrime cells operate very closely with the public in terms of help offered in reporting and in handling any cyber crime offenses. Most of the states have set up toll free numbers and online complaint registration systems to address complaints. 

Ministry of Home Affairs – Cyber & Information Security Division 

Role: 

The Cyber and Information Security (CIS) Division working under the Ministry of Home Affairs is responsible for framing and implementing the cybersecurity policies in India. This division deals with the technical aspect of the problem as well as with a protection of the Indian national interest in cyberspace. 

Key Functions:

• Cybersecurity Policy Framework: As a division, it develops policies that help to improve the information technological security status of the country, for instance the cybersecurity policies that are used to fight cybercrime and protect infrastructure. 

• Coordination with Law Enforcement: The CIS Division collaborates with law enforcement bodies with an aim of proper enforcement or execution of cyber security standards and regulations. 

• Cybercrime Prevention Programs: The division is involved in the coordination of awareness activities and digital safety activities, and the promotion of good practices among the citizens, institutions and companies, and government agencies. 

• International Collaboration: It performs an important function in collaborating with other global cybersecurity bodies in terms of exchange of information, enhancing structures and measures against transnational cybercrime. 

What is CERT In and what does it do? 

CERT-In or Indian Computer Emergency Response team is a central organization that deals with the Information Technology incidents in India. It has a significant function in protecting the use of the internet as it is involved in releasing advisories, alerts, or guidelines. CERT-In is more involved with managing cases of security breach, viruses, and other connected incidences. In addition, it supports several organizations to receive help regarding cyber threats counteraction. 

Which branch of the government deals with works concerning cybercrime? 

Some of cybercrime cells in different states and cities are as follows which are responsible for handling cybercrimes in India-. These cells consist of professional staff who possess the technical skills together with equipment used in solving computer criminal incidents which include hacking, con frauds and identity thefts. Though CERT-In is not officially involved in investigation it supports and coordinates cases to help in cyber crime cases. Also, the Cyber and Information Security Division in the Ministry of Home Affairs is responsible for operation of the cybersecurity policies. 

Does India have a national cybersecurity body? 

Indeed, the Cyber and Information Security Division under the Ministry of Home Affairs is in charge of the nation’s cybersecurity policies. This division has the primary responsibility of contributing to the advancement of strategic plans and decisions on matters concerning cyber-security in the country. Besides, CERT-In was established under the Ministry of Electronics and Information Technology to continuously observe and analyze the threats and emergence of cyber security threats hence being instrumental in the national cyber security framework.

Challenges in Cybercrime Redressal

• Lack of Awareness: Most of the victims have no knowledge of the right legal procedure to take in cases of cybercrime hence they end up reacting after long delaying justice. 

• Jurisdictional Issues: Most cyber crimes have cross-jurisdictional implications and in some cases may present legal issues that may not have a clear jurisdictional response. 

• Technology Gaps in Law Enforcement: Even the police sometimes can have technological shortcomings involving themselves with modern hackers. 

What should I do if I don’t understand how cybercrimes are reported? 

In case of doubt, you can consult the National Cyber Crime Reporting Portal at cybercrime. gov. in, wherein the process of reporting is explained well. If you are a victim or aware of such a scam, you can contact the nearest police station or any cybercrime cell. 

Is there a different approach to cybercrimes, especially if the criminal is located in another state or country? 

Yes, cybercrimes may occur in one state or country or a computer may be located in another country and this creates juridictional problems but law enforcement agencies jointly with inter government treaties overcome them. 

What factors could lead to longer periods in conducting cybercrime investigations? 

Cybercrime investigations are usually much slower since the evidence is digital, may involve more than one country, and is technologically created. Police forces may need time in order to build and sustain strong arguments which are supported by solid evidence. 

Cybercrimes and Their Punishments in India 

Fines and Imprisonment 

Under the IT Act and IPC, the penalties include fines, as well as imprisonment for varying terms depending on the degree of the cybercrime. For instance, hacking may be punishable with imprisonment for a period of three years or a fine amounting to ₹ 2 lakhs or with both. 

Punishment for Identity Theft 

Identity theft under Section 66C of the IT Act is punishable with up to 3 years imprisonment and fine upto ₹ 1 lakh. 

Cyberstalking and Harassment Penalties 

Cyberstalking and harassing women have been criminalized under various sections of IPC and IT Act, having a maximum punishment of five-year imprisonment, and an amount of rupees five lakh. 

What are the legal consequences of hacking in India?

Hacking under the IT Act can result in imprisonment for up to three years and/or a fine of ₹2 lakhs. More serious hacking offenses may attract harsher penalties.

What is the punishment for identity theft in India?

Identity theft under Section 66C of the IT Act is punishable by up to three years in prison and a fine of ₹1 lakh.

Can I be put in jail time for cyberstalking someone?

Yes, cyberstalking can result in imprisonment for up to five years, particularly if the offense involves harassment or threats toward women.