CYBER CRIMES AGAINST WOMEN

INTRODUCTION

The expanding technology and internet has lately been a means that enables the free flow of information over long distances which if not used wisely, leads to a worryingly high incidence of irresponsible behaviour. Women are the most vulnerable victims which is one of the biggest concerns of any criminal and penal law, yet unfortunately cyber-crime against women is on an alarming stage and it may pose a major threat to their security. The World Wide Web allows users to circulate content in every form be it text, images, video or sounds.

India has enacted the IT Act, 2000 to combat cyber-crimes where the punishment ranges from imprisonment up to 3yr, Life Imprisonment and fine. This Act widely focuses on the commercial and economic crimes, but it does not contain express provisions focusing on women. Social Networking sites are nowadays being used to circulate offensive contents extensively.

Cyber-crimes specifically targeting women are:

1. Cyber-stalking- “Stalking” means "pursuing stealthily" which can also be called as online harassment and abuse. The Indian history of cyber stalking can be traced back to the famous case of Ritu Kohli where she complained that a man named Manish Kathuria used her name to engage into illegal affairs and obscenity on social media. She often received calls from unknown numbers at odd hours which disturbed her personal space. The matter was reported to Delhi Police under Section 509 of Indian Penal Code which criminalizes any word, gesture or act intended to insult the modesty of a woman.[1]Now, express provisions have been enacted for the same and Stalking is punishable in Section 354 D of the Indian Penal Code,1860. It defines stalking as any man who:
   a. follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
   b. monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking;[2]

Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

1. Harassment via e-mails: Online Harassment involves any unwanted personal contact which affects the dignity of a person. It can be divided into “Direct” harassment which includes the use of electronic media to send hate, obscene and threatening messages, to intimidate a victim where as “indirect” harassment includes the use of the Internet to spread rumours about a person. Messages can be posted on web pages, within chat groups or bulletin boards[3]
2. Cyber Bullying is another cyber-crime which includes bullying a person by posting hate or indecent comments. Recently the suicide rate due to cyber bullying has been at a rise. It has also been observed that cyber bullying is more prominent among females as compared to males.
3. Morphing refers to editing of the original picture by an unauthorised user. It has been widely used to harass and degrade women, creating their fake profiles and identities. The violator in such case can be booked under IPC for commission of criminal trespass under Section 441.

Section 290 for committing public nuisance.

Section 292A for printing or publishing grossly indecent or scurrilous matter or matter intended to blackmail and under Section 501 for defamation.

1. Email spoofing is a term used to describe fraudulent email activity in which the sender’s address and other parts of the email header are altered to appear as though the email originated from a known or authorized source. [4]
2. Cyber Defamation is a tort mostly victimising women. It is injuring a person’s reputation by publishing information defamatory to a person on electronic media. Section 67 of the IT Act 2000, defines it as any person who sends, by means of a computer resource or any communication device any offensive information, shall be punishable with imprisonment for a term which may extend to three years and with fine.[5]

Thus, cybercrime is on a rise but our legislature has taken measures in order to prevent it. There exists a National Cybercrime Reporting portal well for reporting all kinds of cybercrimes i.e. https://cybercrime.gov.in

Also a Cyber Crime Investigation Cell (CCIC) of the CBI has, started functioning w.e.f. 3.3.2000. The Cell is headed by a Superintendent of Police and the jurisdiction of this Cell is all India, and besides the offences punishable under Chapter XI, IT Act, 2000, it also has power to look into other high-tech crimes.[6]

The Information Technology (Amendment) Act, 2008 also added Section 66A which states Punishment for sending offensive messages through communication service is an imprisonment for a term which may extend to 3 years and with fine. The most important provision for regulating cyber stalking in India is Section 72 of the IT Act, 2008 penalises the Breach of confidentiality and privacy. But there exist Enforcement Problems pertaining to international aspect of internet as it is rightly said “Even with the most carefully crafted legislation, enforcing a law in a virtual community creates unique problems never before faced by law enforcement agencies.”[7] Internet is a globally accessed medium which is also cheap meaning that distance is not a barrier to anyone. So, there exist difficulties in applying uniform laws on internet harassment and stalking. India ranked third country in the world to receive the most cyber threats.[8]

Thus, aiming to enhance skills and deepen understanding of the police personnel at ground level to adopt smart strategies for effectively addressing the evolving technological threats NCRB that is National crime Records Bureau and Cyber Peace Foundation have designed CCTNS (Crime and Criminal Tracking System) Hackathon & Cyber Challenge 2020. The Challenge invites participation of law enforcement personnel across all ranks and file, as well as cyber security experts (civilians) across India to get involved in the same.[9]

Along with these initiatives Self-help Approaches can be the most useful technique to prevent cyber-crimes like not disclosing personal information in public spaces anywhere online, not replying to offensive and provocative information and using online segregating tools such as blocking, reporting of spams, and using strong encryption programmes. Reporting any of such the incident to the Internet Service Provider, or a police station or digital police[10], or an online help agency can curb cybercrime on a wider scale.

[Author’s Profile: DEEKSHA CHUGH is pursuing B.A. LLB from Maharaja Agrasen Institute of Management Studies, IP university]

[1] The Indian Penal Code,1860

[2] The Indian Penal Code,1860 (Criminal Law Amendment Act, 2013)

[3] J. ANGEL, COMPUTER LAW 17 (4th ed. Blackstone Press Ltd, London, U.K. 2000).

[4]http://www.publishingindia.com/GetBrochure.aspx?query=UERGQnJvY2h1cmVzfC8yMjE3LnBkZnwvMjIxNy5wZGY=

[5] https://indiankanoon.org/doc/1318767/

[6] https://www.indianchild.com/cyber_crime_in_india.htm

[7] 11 B. Jensen, Cyberstalking: Crime, Enforcement and Personal Responsibility in the Online World, http://www.law.ucla.edu/Classes/Archive/S96/340/cyberlaw.htm

[8] https://economictimes.indiatimes.com/tech/internet/india-ranks-3rd-among-nations-facing-most-cyber-threats-symantec/articleshow/63616106.cms

[9] https://www.cyberchallenge.in/

[10] https://digitalpolice.gov.in/