Journal of Frauds

Looking for Indiaforensic Research Foundation 

Full Guide on Cyber Crimes in India

Mayur S.Joshi-C.A.,CFE(USA)

Introduction

The invention of the computers has opened new avenues for the fraudsters. It is an evil having its origin in the growing dependence on computers in modern life. Though there is a great talk about the cyber crimes there is nothing called cyber crime. The crimes such as frauds, forgery are traditional and are covered by the separate statutes such as  Indian Penal Code or alikes. However the abuse of computer and the related electronic media has given birth to a gamut of new types of crimes which has some peculiar features.

A simple yet sturdy definition of these crimes would be “unlawful acts wherein the equipment transforming the information be it a computer or a mobile is either a tool or a target or both”. In India the information Technology Act deals with the acts wherein the computer is a tool for an unlawful act. This kind of activity usually involves a modification of a conventional crime by using computers. Some examples are:

Financial crimes

Wipro Spectramind lost the telemarketing contract from Capital one due to an organized crime.The telemarketing executives offered fake discounts, free gifts to the Americans in order to boost the sales of the Capital one. The internal audit revealed the fact and surprisingly it was also noted that the superiors of these telemarketers were also involved in the whole scenario.

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Cyber pornography

This would include pornographic websites; pornographic magazines produced using computers (to publish and print the material) and the Internet (to download and transmit pornographic pictures, photos, writings etc).

The Delhi Public School is the hot issue in succession with the dirty clips of Miss. Jammu.11^th standard student while having the oral sex recorded the clip of approximately 2.30 minutes by his mobile and circulated amongst his friends.The students were expelled from the school and two big arrests were also made in the same conjunction. Some more Indian incidents revolving around cyber pornography include the Air Force Balbharati School case. In the first case of this kind, the Delhi Police Cyber Crime Cell registered a case under section 67 of the IT act, 2000. A student of the Air Force Balbharati School, New Delhi, was teased by all his classmates for having a pockmarked face.

He decided to get back at his tormentors. He created a website at the URL www.amazing-gents.8m.net. The website was hosted by him on free web space. It was dedicated to Air Force Bal Bharti School and contained text material. On this site, lucid, explicit, sexual details were given about various “sexy” girls and teachers of the school. Girls and teachers were also classified on the basis of their physical attributes and perceived sexual preferences. The website also became an adult boys’ joke amongst students.

This continued for sometime till one day, one of the boys told a girl, “featured” on the site, about it. The father of the girl, being an Air Force officer, registered a case under section 67 of the IT Act, 2000 with the Delhi Police Cyber Crime Cell.

The police picked up the concerned student and kept him at Timarpur (Delhi) juvenile home. It was almost after one week that the juvenile board granted bail to the 16- year-old student.

Sale of illegal articles:

This would include sale of narcotics, weapons and wildlife etc., by posting information on websites, auction websites, and bulletin boards or simply by using email communication. E.g. many of the auction sites even in India are believed to be selling cocaine in the name of ‘honey’. The clip of the DPS students was kept for selling on the site called Bazee.com by a student from IIT Kharagpur.

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