OVERVIEW OF CYBER LAWS IN INDIA

Cyber crime on the rise

  • As per the cyber crime data maintained by the National Crime Records Bureau (NCRB), a total of 217, 288, 420 and 966 Cyber Crime cases were registered under the Information Technology Act, 2000 during 2007, 2008, 2009 and 2010 respectively. Also, a total of 328, 176, 276 and 356 cases were registered under Cyber Crime related Sections of Indian Penal Code (IPC) during 2007, 2008, 2009 and 2010 respectively. A total of 154, 178, 288 and 799 persons were arrested under Information Technology Act 2000 during 2007-2010. A total number of 429, 195, 263 and 294 persons were arrested under Cyber Crime related Sections of Indian Penal Code (IPC) during 2007-2010.

  • As per 2011 NCRB figures, there were 1,791 cases registered under the IT Act during the year 2011 as compared to 966 cases during the previous year (2010) thereby reporting an increase of 85.4% in 2011 over 2010.

  • Of this, 19.5% cases (349 out of 1,791 cases) were reported from Andhra Pradesh followed by Maharashtra (306), Kerala (227), Karnataka (151) and Rajasthan (122). And 46.1% (826 cases) of the total 1,791 cases registered under IT Act, 2000 were related to loss/damage to computer resource/utility reported under hacking with computer systems.

  • According to NCRB, the police have recorded less than 5,000—only 4,829 cases and made fewer arrests (3,187) between 2007 and 2011, under both the Information Technology (IT) Act as well as the Indian Penal Code (IPC).

  • And convictions remain in single digits, according to lawyers. Only 487 persons were arrested for committing such offences during the year 2011. There were 496 cases of obscene publications/transmission in electronic form during the year 2011 wherein 443 persons were arrested.

  • Out of total 157 cases relating to hacking under Sec. 66(2), most of the cases (23 cases) were reported from Karnataka followed by Kerala (22 ) and Andhra Pradesh (20 cases). And 20.4% of the 1184 persons arrested
    in cases relating to IT Act, 2000 were from Andhra Pradesh (242) followed by Maharashtra (226).

  • The age-wise profile of persons arrested in cyber crime cases under the IT Act, 2000 showed that 58.6% of the offenders were in the age group 18–30 years (695 out of 1184) and 31.7% of the offenders were in the age
    group 30-45 years (376 out of 1184). Madhya Pradesh (10), Maharashtra (4), Kerala (3) and Delhi (2) reported offenders whose age was below 18 years.

  • Meanwhile, a total of 422 cases were registered under the Indian Penal Code or IPC Sections during the year 2011 as compared to 356 such cases during 2010 thereby reporting an increase of 18.5%. Maharashtra reported maximum number of such cases (87 out of 422 cases i.e. 20.6%) followed by Chhattisgarh 18.0% (76 cases) and Delhi 11.6% (49 Cases).

  • Majority of the crimes out of total 422 cases registered under IPC fall under 2 categories--forgery (259) and Criminal Breach of Trust or fraud (118). Although such offences fall under the traditional IPC crimes, these cases had the cyber overtones wherein computer, Internet or its enabled services were present in the crime and hence they were categorised as Cyber Crimes under IPC.

More Topics

1. Need for Cyber law

2. Cyber crime on the rise

3. Important terms related to cyber law

4. Cyber law in India

5. Need for cyber law in India

6. History of cyber law in India

7. Information Technology Act, 2000

8. Salient features of the Information Technology (Amendment) Act, 2008

9. Rules notified under the Information Technology Act, 2000

10. Overview of other laws amended by the IT Act, 2000 - India Panel Code 1860

11. Indian Evidence Act, 1872

12. National Policy on Information Technology 2012

13. Applicability and Scheme of the INFORMATION TECHNOLOGY ACT, 2000

14. Digital signature and Electronic signature

15. Digital Signature under the IT Act, 2000

16. Electronic Signature

17. E-Governance

18. Attribution, Acknowledgement and Dispatch of Electronic Records

19. Certifying Authorities

20. Root Certifying Authority of India (RCAI)





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