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Cyber law unit 5

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17 views10 pages

Cyber law unit 5

Uploaded by

shivabugcrowd
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Procedure to report crimes

Step-by-Step Procedure to Report Cybercrime


Repor ng a cybercrime promptly is important for protec ng yourself and others. Here's a combined,
comprehensive guide to repor ng cybercrime in India:

1. Gather Evidence
Before ling a complaint, collect all relevant evidence related to the cybercrime. This can include:
• Screenshots of suspicious emails, messages, or posts.
• Financial transac on records or evidence of fraud.
• IP addresses, URLs, or any other digital traces related to the crime.
• A clear descrip on of the event, including dates and mes.

2. Report on the Na onal Cyber Crime Repor ng Portal


In India, the Na onal Cyber Crime Repor ng Portal is the primary online pla orm to report cybercrimes.
Here's how to use it:
1. Visit Na onal Cyber Crime Repor ng Portal.
2. Register or Log in to your account.
3. Select the relevant category (e.g., nancial fraud, women/children-related crimes).
4. Fill in the complaint details and upload all collected evidence.
5. Submit the complaint and note down the reference number for tracking your case.

3. Call the Na onal Helpline (1930) for Financial Fraud


For immediate assistance with cyber fraud, contact the Na onal Cybercrime Helpline:
1. Call 1930 for cybercrime-related issues, par cularly if the case involves nancial fraud.
2. Provide all relevant details of the cybercrime incident.
3. Follow the helpline operator’s instruc ons to take the next steps.

4. Report to Local Police Sta on


If the cybercrime is severe or if you are unable to report online:
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1. Visit your nearest police sta on to le a First Informa on Report (FIR).
2. Provide the police with details and all collected evidence.
3. The police will either inves gate the ma er or refer it to the Cyber Crime Cell for further ac on.

5. Contact the Cyber Crime Cell


Major ci es in India have dedicated Cyber Crime Cells for specialized handling of cybercrimes:
1. Directly contact your city’s Cyber Crime Cell for assistance.
2. Provide them with the evidence and details of the crime.
3. They will ini ate an inves ga on, and you will be informed about the progress.

6. Visit a Cyber Crime Police Sta on


If available in your state, you can also visit a dedicated Cyber Crime Police Sta on:
1. File your complaint with the Cyber Crime Police.
2. Seek immediate assistance in handling the inves ga on.

7. Report on Speci c Online Pla orms


If the cybercrime involves social media or online pla orms (e.g., Facebook, Twi er, Instagram):
1. Use the Report feature on the pla orm to ag o ensive or illegal content.
2. Social media pla orms have mechanisms to report cyberstalking, harassment, or defamatory
content.

Key Points to Remember:


• Always keep a record of your complaint: Note the reference number from the portal or the FIR
acknowledgment from the police sta on.
• Follow Up: Regularly check the status of your complaint by using the reference number. Stay in
touch with law enforcement agencies for updates on the inves ga on.
• Seek Legal Help: If necessary, consult a lawyer specializing in cyber law to understand your rights
and further ac ons you can take.

Preventive measure while reporting the cyber crimes:


• Protect Your Personal Information
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• Use Secure Channels
• Preserve Evidence Properly
• Avoid Contact with the Accused
• Protect Your Online Presence
• Keep a Record of the Complaint Process
• Be Cautious with Public Forums
2)some basic rules for safe opera ons of the computer
and internet

Here’s the explana on of safe opera ons separately for computers and internet:
Basic Rules for Safe Computer Opera on
1. Use Strong Passwords
o Ensure that you use complex passwords that combine upper and
lowercase le ers, numbers, and special characters.
o Never use common passwords like "123456" or "password123" as
they are easy for a ackers to guess.
o Change your passwords regularly to reduce the risk of unauthorized
access.
2. Install An virus So ware
o Use reliable an virus so ware to protect your computer from
malware, viruses, and other harmful so ware.
o Regularly update the an virus so ware to ensure it can detect the
latest threats.
o Perform periodic scans to check for any exis ng security issues.
3. Keep Your Opera ng System Updated
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o Always install the latest updates for your opera ng system (OS).
These updates contain security patches that x vulnerabili es that
could be exploited by cybercriminals.
o Enable automa c updates to make sure you don't miss cri cal
security patches.
4. Backup Important Files
o Regularly back up your important les, documents, and photos to an
external hard drive or cloud storage.
o In case of a cybera ack like ransomware or a system failure, having
backups ensures that you don't lose important data.
5. Use a Firewall
o Enable your computer’s rewall to monitor incoming and outgoing
tra c.
o A rewall helps block malicious connec ons from cybercriminals
trying to access your computer or network.
o For enhanced security, you can install third-party rewalls in addi on
to your OS's default rewall.
6. Be Careful with External Devices
o When using USB drives or other external storage devices, ensure they
are scanned for viruses before accessing les.
o Avoid using external devices from untrusted sources, as they could
contain malware that can infect your system.
7. Encrypt Sensi ve Data
o Encrypt sensi ve les on your computer so that even if they are
stolen, the data will remain unreadable without the encryp on key.
o You can use built-in encryp on tools or third-party encryp on
so ware to protect important documents.
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Basic Rules for Safe Internet Usage
1. Use Secure Websites (HTTPS)
o Always check if the website you are visi ng uses HTTPS (indicated by
a padlock icon next to the URL) before entering any sensi ve
informa on such as passwords or payment details.
o HTTPS ensures that data sent between your browser and the website
is encrypted and cannot be intercepted by malicious actors.
2. Avoid Public Wi-Fi for Sensi ve Transac ons
o Public Wi-Fi networks are o en unsecured, making it easier for
hackers to intercept your data.
o Avoid accessing sensi ve accounts or making nancial transac ons
over public Wi-Fi unless you're using a secure VPN (Virtual Private
Network).
3. Use Strong Passwords and Enable Two-Factor Authen ca on
o For online accounts, use strong passwords and enable two-factor
authen ca on (2FA) wherever possible. This adds an extra layer of
security.
o With 2FA, you’ll need to provide something you know (a password)
and something you have (a one- me code sent to your phone) to
access your account.
4. Be Cau ous with Emails and Links
o Don’t click on suspicious email links or open a achments from
unknown sources. These could lead to phishing a acks or malicious
websites.
o Always verify the sender’s email address before responding or
clicking links in emails, especially if they ask for personal or nancial
informa on.
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5. Use a VPN (Virtual Private Network)
o A VPN encrypts your internet connec on, making it di cult for
hackers to track your online ac vity, especially when using public
networks.
o It also helps you access geo-restricted content by masking your real IP
address.
6. Monitor Your Online Presence
o Be mindful of what you share on social media. Avoid oversharing
personal details that could lead to iden ty the or social engineering
a acks.
o Adjust privacy se ngs on your accounts to limit the visibility of your
posts and personal informa on.
7. Avoid Downloading Suspicious Files
o Download so ware only from trusted websites. Avoid downloading
les from pop-up ads, unfamiliar websites, or torrents.
o Malicious so ware can o en be disguised as harmless les, so ensure
you are downloading from reputable sources.
8. Educate Yourself on Phishing and Scams
o Be aware of phishing scams where a ackers pose as legi mate
ins tu ons to steal your sensi ve informa on.
o Look out for red ags such as urgent requests, incorrect grammar, or
suspicious email addresses.
By following these rules for safe computer opera ons and internet usage, you can
signi cantly reduce your risk of being exposed to cyber threats. Each category
focuses on di erent aspects of security, but both are crucial for maintaining a safe
online and o ine experience.
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The Criminal (Amendment) Act, 2013: Legisla ve
Remedies for Online Harassment and Cyberstalking in
India
The Criminal Law (Amendment) Act, 2013: Legisla ve Remedies for Online
Harassment and Cyberstalking in India
The Criminal Law (Amendment) Act, 2013, also known as the Nirbhaya Act, was
enacted to strengthen the legal framework against crimes, par cularly those
targe ng women. The amendment addressed several pressing issues, including
online harassment and cyberstalking, acknowledging the growing prevalence of
technology-driven crimes. Below is a comprehensive explana on of the act's
implica ons for tackling these issues.

Background of the Amendment


1. Triggering Incident: The act was introduced following the horri c Delhi gang
rape case in December 2012, which sparked na onwide protests and
highlighted the inadequacy of exis ng laws.
2. Need for Legal Reform: With the rise of cybercrimes, there was an urgent
need to adapt tradi onal criminal laws to address technology-enabled
harassment and stalking.

Key Provisions Relevant to Online Harassment and Cyberstalking


1. Sec on 354D - Stalking
o De ni on: Includes both physical and cyberstalking. Cyberstalking
involves repeatedly contac ng, monitoring, or in mida ng someone
through electronic communica on without consent.
o Punishment:
▪ First convic on: Imprisonment for up to 3 years and a ne.
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▪ Subsequent convic on: Imprisonment for up to 5 years and a
ne.
o Signi cance: Provides explicit legal recogni on of cyberstalking as a
crime, deterring o enders from exploi ng digital pla orms to harass
individuals.
2. Sec on 354A - Sexual Harassment
o De ni on: Covers unwelcome sexual advances, remarks, or acts,
including those made through electronic means like social media or
email.
o Punishment: Imprisonment up to 3 years and/or a ne.
o Signi cance: Tackles online sexual harassment, including unsolicited
explicit messages and o ensive comments.
3. Sec on 509 - Insult to Modesty of a Woman
o De ni on: Penalizes ac ons or words intended to insult the modesty
of a woman, including o ensive messages or gestures in digital
spaces.
o Punishment: Imprisonment up to 3 years and a ne.
o Signi cance: Extends the concept of modesty protec on to online
interac ons.
4. Sec on 67 of the IT Act, 2000
o De ni on: Prohibits publishing or transmi ng obscene material in
electronic form.
o Punishment:
▪ First convic on: Imprisonment up to 3 years and a ne up to ₹5
lakh.
▪ Subsequent convic on: Imprisonment up to 5 years and a ne
up to ₹10 lakh.
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o Signi cance: Addresses the misuse of digital pla orms for sharing
explicit content or harassing individuals.

Implementa on Challenges
1. Enforcement:
o Cybercrimes require advanced tools and exper se to trace
perpetrators, which many law enforcement agencies lack.
2. Awareness:
o Vic ms o en remain unaware of their rights and legal remedies,
preven ng them from seeking jus ce.
3. Jurisdic onal Issues:
o Cybercrimes o en cross geographical boundaries, complica ng the
prosecu on of o enders in interna onal cases.

Impact of the Amendment


1. Recogni on of Cybercrimes: The act formally acknowledged online
harassment and cyberstalking, ensuring they are treated as serious
o enses.
2. Stronger Deterrence: Stricter punishments discourage poten al o enders
from misusing technology for harassment.
3. Support for Vic ms: Vic m-friendly provisions, such as iden ty protec on
and dignity during trials, encourage more individuals to report crimes.
4. Gender-Speci c Focus: While primarily aimed at protec ng women, these
provisions lay the groundwork for addressing online abuse faced by all
individuals.

Conclusion
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The Criminal Law (Amendment) Act, 2013, marked a watershed moment in
addressing crimes against women, including those in the digital realm. By
criminalizing cyberstalking and online harassment, the act adapts the legal
framework to the evolving nature of crime in the 21st century. However, e ec ve
implementa on, awareness, and technological capabili es are essen al to fully
realize its poten al in comba ng online abuse.
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