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Cyber Crimes Part 1

Posted on 05 Jun 2011 by admin | Filled under: cyber-law

INTRODUCTION:

With the day to day evolution of human mind , the modes of committing crime are also drastically changing . Criminals are getting smarter day by day and are applying there minds in this context to commit crime and escape without getting caught. With the advent of computers no one thought that it will become a mode or source of committing crime . Charles Babbage who is well known as the father of computer would not have dreamt that the machine he is giving the world may become a source of crime and would ever influence the society in a negative way.

Whenever we talk about cyber crime we can make out that its something related to a wrong done were a computer system is involved .

The term ‘cyber crime’ is a wrongly applied name. This term has nowhere been defined in any statute /Act passed or enacted by the Indian Parliament. The concept of cyber crime is not radically different from the concept of conventional crime. Both include conduct whether act or omission, which cause breach of rules of law and counterbalanced by the sanction of the state. Though cyber crimes is a new breed of crimes which came into being just after the advent of the computers and the scenario has become more worse with the influence of internet in our day to day life.

CONVENTIONAL CRIME-

Crime is a social and economic phenomenon and is as old as the human society. Crime is a legal concept and has the sanction of the law. Crime is defined as “a legal wrong that can be followed by criminal proceedings which may result into punishment.”. A crime may be said to be any conduct accompanied by act or omission prohibited by law and consequential breach of which is visited by penal consequences.

CYBER CRIME:

Cyber crime is the latest and perhaps the most complicated problem in the cyber world. “Cyber crime may be said to be those species, of which, genus is the conventional crime, and where either the computer is an object or subject of the conduct constituting crime. In general cyber crime may be defined as “ unlawful acts wherein the computer is either a tool or target or both”.

The computer may be used as a tool in the following kinds of activity- financial crimes, sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail spoofing, forgery, cyber defamation, cyber stalking. The computer may however be a target for unlawful acts in the following cases- unauthorized access to computer/ computer system/ computer networks, theft of information contained in the ,electronic form,

e-mail bombing, salami attacks, logic bombs, Trojan attacks, internet time thefts, web jacking, theft of computer system, physically damaging the computer system.