INDIVIDUAL - FAQs
Ans. Filing a complaint requires complex procedures from determining the jurisdiction, gathering ample evidences admissible in the court of law, to saving the log files etc. Hence, it is advised to consult a specialized cyber law expert in order to lodge a complaint.
Ans. Several Cyber Crime Cells are established in different cities across India. A cyber crime complaint can be made at the respective cyber crime cell, where the victim computer is located. These cyber crime cells are naturally under the governance of regional police.
Ans. This involves the photographs or videos which are considered obscene and not suitable for the under aged viewers. Even though online pornography is not banned in India, Child Pornography, which is about children under 18 years of age engaging in sexually explicit conduct, is banned. Obscenity is dealt under various laws of the country.
Ans. Yes, Sec. 75 of Information Technology (Amendment) Act, 2008, gives this statute extra-territorial jurisdiction. Any person regardless to his nationality, even if residing outside India, if commits an offence or anything contravening any provision of this Act, shall be subjected to the jurisdiction under this Act if his act or conduct involves a computer system or network located in India.
Ans. Yes, it can be even more grievous at times. In this type of crime, by just sitting in front of computer criminals can execute certain skill-sets, huge sum of money can be stolen from an individual bank acount. His debit or credit card can be hacked, or his other account’s passwords can be cracked creating a threat to his privacy, or defamatory articles about someone can be spread to millions of users across the world in matter of seconds. In case of national security, any of the government portal or website can be made useless and ineffective. Physical connection between the offender and the victim is nowhere required in this type of crime. All of these issues make cyber crime even more grievous at times than the other conventional crimes.
Ans. Cyber crime is different from the conventional crimes by means of the fact that for cyber crime to be committed, computer or internet must be a tool or target or both, i.e. it happens through electronic medium. Here the mens rea is that the offender must be aware at the time of his action that the access he intended to secure was unauthorized.
Ans. Cyber crime is a fraudulent act or attempt by an individual with the use of a computer as a tool or target or both, intending to cause the victim to suffer loss of any kind, which leads to penal liability of the offender. It can be both computer crime (where a computer is targeted), or computer-related crime (where any criminal act is committed by means of computer).