• Shivangi Purohit

Cyber Crime : The fastest growing crime

Updated: Jan 11



by Shivangi Purohit

Cyber crime is a criminal activity committed with the use of electronic communications with respect to cyber fraud or identity theft through phishing and spoofing . Cyber crime is in many forms harassment , pornography etc through information technology and also by cyber stalking and invasion of privacy. And we all knOw , in recent times , India has become favourite spot for cyber criminals , who are most likely hackers and other malicious users who commit crimes through internet. As the trend of cyber crime is emerging it is high time for the Indian police to bring reforms into their investigation methodology for a successful prosecution of such cyber crimes. Till today , the Indian system policing and criminal investigation is stuck in old ways to gather information. The police force completely lacks training on modern methods. There are several dots which exists in the system which is the reason that there is a gap between reporting crime , arresting a criminal and ensuring successful prosecution of the accused in cyber cases. Jurisdiction remains a question of mainting suits till date and it is a highly debatable issues. Cyber space is emerging so strong that is has lead to disappearing of territorial boundries due to which the concept of territorial as envisaged under Section-16 of CRPC and Section-2 IPC will have to look for possible ways for dispute resolution . Why the police is facing problem? The major reason why police is facing problem lies in a sense of confusion as to whose jurisdiction the case will come under. The law regulating cyberspace in India has been enacted , but it lacks in operational manual of how to conduct the investigation relating to cybercrimes. The standard operating procedure is required to prevent ambiginity .With the arrival of cyber cells at various cosmopolitan cities in India , a need to build high technology crime and investigation infrastructure with highly technical staff has arisen .The current staff of cyber cells contains mixture of police affairs and experts.

SOME IMPORTANT GADGETS REQUIRED DURING INVESTIGATION

High capacity data transfer tools Software’s designed for analysis of phones Tools for recovering passwords Assistance of forensic science laboratories is also required which is scarce at district level

Although various governments have taken this issue into account .Suggestion and measures have be taken to reduce this specialized procedures along with expertise manpower are required to tackle cybercrime cases with excellence . Stringent punishment for cyber criminals has to be ensured so that it acts as a deterrent for others. Presently the offenses which come under the IT Act are bailable with imprisonment of 3 years .This should be upto such an extent which would change the current mindset of cyber criminals. Separate benches should to be formed to fast track the cyber crime cases. The constitution of cyber judges has helped the law in enforcement agencies to prove the merits of their cases without any hindrance ,similar to U.S. secret service or the FBI, which provides training to law enforcement officials on topic like cyber crime forensics etc., CBI can also start to conduct such kind of programmes . This method of CBI can help police to closely supervise investigation of important cases by senior officers so that the investigating officer superintendents of police can get legal advice . Cyber crime can only be countered when there is proper guidance and coordination available from various stakeholders like government , state , and central govt. and local police. Centralised online cyber crime reporting mechanism is required in India which alerts authorities of suspected criminal or civil violations.

CONCLUSION : Cyber crime is a scary concept for many reasons , it can do possible serious damage to various aspects of our lives as it is difficult to catch , track and prosecute. All we can do as citizen is to protect ourselves by protecting our information , who we give it to and how much we give it out. We have cyber crime laws but unfortunately it is not implemented like other laws. Government should have to take some major steps to curb the cyber menace.

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