Understanding Cybercrime: Legal Definitions and Implications

Cyber crimes are criminal activities conducted through the internet or devices connected to it, often driven by monetary, personal, or political motives. While they don't cause physical harm, they can severely damage a victim's reputation, finances, and privacy. Jurisdiction is a major challenge in prosecuting cyber crimes, as criminals can conceal their identities and operate across borders. In India, though "cybercrime" isn't explicitly defined, the Information Technology Act, 2000, and certain sections of the Bharatiya Nyay Sanhita 2023, address various types of these crimes.

Types of Cybercrime: 

1. Cyberbullying: Online harassment or threats, often difficult to distinguish perpetrator from victim, mirroring offline abusive behaviors such as defamation (Section 499), stalking (Section 354D), criminal intimidation (Section 503), and extortion (Section 383).

2. Punishment: Up to 2 years of imprisonment with a fine.

3. Cyberstalking {Section 78 (2) BNS}: persistent and unwanted online contact aimed at intimidating or controlling the victim.

4. Punishment: Up to 5 years imprisonment and fine.

5. Child Pornography/CSAM: Depicting minors in explicit sexual acts; punishable under Section 67(B) of the IT Act.

6. Punishment: Up to 7 years of imprisonment and with the fine of 10 lakhs rupees.

7. Online Sextortion {Section 294(2) BNS}: Threats to release private information unless victims provide sexual images, favours, or money.

8. Punishment: Up to 5 years of imprisonment with a fine of INR 10,000.

9. Phishing {Section 66D IT Act}: Deceptive communication (e.g., emails) to steal sensitive information, like login credentials or credit card details.

10. Punishment: Up to 3 years imprisonment with a fine of INR

11. Vishing: Voice phishing via phone calls to steal personal and financial information.

12. Credit/Debit Card Fraud: Unauthorised transactions using someone else’s card information.

13. Punishment: Up to 3 years of imprisonment with the fine of 1 lakh rupees.

14. Revenge pornography: Publishing private pictures of a partner without the consent of another partner.This crime is gender-neutral but is often seen with girls as victims. It is mostly done by ex-boyfriends or male partners seeking revenge after a breakup.

15. Punishment : Under section 294 BNS for Imprisonment of 5 years with the fine of 10,000.

9. Cyber terrorism: Cyber terrorism involves using the internet or computers to carry out terror acts online, such as stealing confidential information or creating fear in society. This can lead to loss of lives and privacy.

• Punishment:  Imprisonment for life or up to 15 years, with the fine of 15,00,000

Steps to Take if You're a Victim: 

1. Report the Crime:

   • Immediately report the incident to local police or the cybercrime cell.

   • File a First Information Report (FIR) in case of severe offences.

2. Preserve Evidence:

   • Keep records of all communications, emails, or messages related to the crime.

   • Take screenshots of relevant web pages or conversations.

3. Seek Legal Assistance:

   • Consult a lawyer specialised in cyber law for advice and to understand your rights.

4. Use Cybersecurity Measures:

   • Strengthen your digital security by using strong passwords, enabling two-factor authentication, and regularly updating software.