Cyber Tort: LAW OF Torts
Cyber Tort: LAW OF Torts
Cyber Tort: LAW OF Torts
LAW OF
TORTS
ACKNOWLEDGEMENT
I would like to express My Special thanks or Gratitude to My Law of torts
teacher.
I would also like to extend My Gratitude to the Dean Sir,”Mr. T.N Prasad” for
providing me with all the facility that was required.
The state has the power to severely restrict one’s liberty for committing a crime.
Modern societies, therefore, adopt and adhere a criminal procedure during the
investigation and trial of the offense and only if found guilty, the offender may be
sentenced to various punishments, such as life imprisonment or in some
jurisdictions like in India even death.
To be classified as a crime, the act of doing something bad also called as actus reus
must be usually accompanied by the intention to do something bad i.e. mens rea,
with certain exceptions like strict liability.
What is cybercrime?
Cybercrime is any criminal activity in which a computer or network is the source,
target or tool or place of crime. According to The Cambridge English Dictionary,
cyber crimes are the crimes committed with the use of computers or relating to
computers, especially through the internet. Crimes which involve use of
information or usage of electronic means in furtherance of crime are covered under
the ambit of cybercrime. Cyberspace crimes may be committed against persons,
property, government and society at large.
b) Black Hat Hackers – Black hat hackers cause damage after intrusion. They
may steal or modify data or insert viruses or worms which damage the system.
They are also known as crackers.
c) Grey Hat Hackers – These type of hackers are typically ethical but
occasionally they can violate the hacker ethics. They will hack into networks,
stand-alone computers and software. Network hackers try to gain unauthorized
access to private computer networks just for challenge, curiosity, and distribution
of information.
Crime in any form adversely affects all the members of society. In developing
economies, cybercrime has increased at rapid strides, due to the rapid diffusion of
the Internet and the digitization of economic activities. Thanks to the huge
penetration of technology in almost all walks of society right from corporate
governance and state administration, up to the lowest level of petty shop keepers
computerizing their billing system, we find computers and other electronic devices
pervading the human life. The penetration is so deep that man cannot spend a day
without computers or a mobile. Snatching some one’s mobile will tantamount to
dumping one in solitary confinement!
The Internet is the fastest technique on earth that one can find these days and for
everything, it is the best solution that people consider looking into. It has all the
benefits and advantages like communication, advertisement, online movie and
songs downloads, emailing, instant messaging and searching out the concerns and
issues there are plenty of things that internet has got wrong as well. There are
different kinds of internet scams and frauds that are happening and one needs to be
very careful. This is something that has been bothering individuals and
organizations ever since the internet was introduced and many a time, simple
things could make you a victim even when you are unaware of it.
If one is to believe newspaper reports, many scandals such as C.D. rackets were
busted by the police. It is other side of revolution in the field of information and
technology. Under the Information Technology Act, 2000, there is a apparatus
defined as “computer” which means “Any electronic magnetic, optical or other
high speed data processing device or system which performs logical arithmetical
and memory functions by manipulations of electronic magnetic or optical impulses
and all input, output, processing storage, computer software, or communication
facilities which are connected and related to the computer in a computer system or
computer network”. [2]
This approach has been very effective for the criminals involved. In 2007 and 2008
the cost of cybercrime worldwide was estimated at approximately USD 8 billion.
As for corporate cyber espionage, cybercriminals have stolen intellectual property
from businesses worldwide worth up to USD 1 trillion.
Amendment Act got the President assent on 5 Feb 2009 and was made effective
from 27 October 2009.
CONSTITUTIONAL LIABILITY
Hacking into someone’s private property or stealing some one’s intellectual work
is a complete violation of his right to privacy. The Indian constitution does not
specifically provide the “right to privacy” as one of the fundamental rights
guaranteed to the Indian citizens but it is protected under IPC.
Thus right to privacy is coming under the expended ambit of article 21 of Indian
constitution. So whenever there is some cyber crime which is related to the persons
private property or its personal stuff then the accused can be charged of violation
of article 21 of Indian constitution, and prescribed remedy can be invoked against
the accused.
CRIMINAL LIABILITY
Criminal liability in India for cyber crimes is defined under the Indian Penal Code
(IPC). Certain Following sections of IPC deal with the various cyber crimes:
BIBLIOGRAPHY
WEBSITES
1. https://www.lawctopus.com/academike/cyber-crimes-other-liabilities/
2.https://en.wikipedia.org/wiki/Cybercrime#:~:text=Cyberterrorism%2C%20in%20general%2C%20can
%20be,holidays%20can%20be%20considered%20cyberterrorism.
BOOKS
R.K BANGIA