Cyber Crimes and Cyber Law

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Cyber crime encompasses  both cyber contraventions and cyber offences. The difference between the two is the degree and extent of criminal activity.

The word 'cyber' was first coined by William Gipson in his novel 'Neuromancer' in the year 1984. The term 'cyber crime' has, however, not been defined in Indian law. It does not find even a mention in the Indian Penal code. But the Cambridge Advanced Learner's Dictionary defines cyber crimes as crimes involving, using or relating to computers, especially the internet.

To put in simple terms, cyber crime is an unlawful act where computer is either a tool or target or both. The IT Act 2000 as amended by the IT (Amendment) Act, 2008 is the foundation of cyber law in India. It provides for civil remedies for cyber torts and penal liability for cyber crimes. Cyber crime encompasses both cyber contraventions and cyber offences. The difference between the two is the degree and extent of criminal activity. The Act applies also to offences or contraventions committed outside India by any person irrespective of his nationality, provided it is committed against a computer, computer system or computer network located in India.  (section 75). For instance, if a person located in London sends an indecent e-mail to a person in Chennai on his e-mail address, then the person who sent the e-mail is liable under the relevant sections of the IT Act as his action has affected a computer system located in India.

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