CYBERCRIME PAPER

Section 2 (8)

defines "document," specifies that electronic and digital records also come within its purview and can be intended to be used or may be used as evidence.

Section 75

which discusses the offence of sexual harassment, takes note to include that showing pornography against the will of a woman or making any sexually coloured remarks (physically or through electronic means) can be counted as sexual harassment.

Section 77

covers Voyeurism, which makes people liable for capturing or distributing images of a woman's private parts or of a woman engaging in a private act without consent in circumstances where she would usually have the expectation of not being observed by the perpetrator or any other person.

Section 78

discusses stalking and includes cyber stalking within its purview. This provision includes the individuals who repeatedly follow or monitor a woman's online activities despite her clear disinterest. By harassing or intimidating a woman using technology by tracking her location, persistent messaging or creating a fake profile.

Section 79

penalises outraging the modesty of a woman. This includes making sounds, gestures or uttering words or exhibiting objects with the intention to insult or invade a woman's privacy. This focus is generally intended for offline acts, however, harassment via gestures, words or sounds can also be taken through an electronic medium, hence covering cyber harassment as well.

Section 111

is a new provision which discusses organised crime. Organized crime, according to BNS, is a continuing unlawful activity undertaken by a group acting in concert, singly or jointly, as part of a crime syndicate or on behalf of a crime syndicate. This section specifically mentions cyber-crimes as coming within the scope of the provision. Examples of this may include cyber extortion, phishing, identity theft, ransomware and more.

Section 112

discusses petty organised crime. This may be an act of theft, cheating, snatching, or any other such activity committed by a group or gangs. Although this provision also focuses on offline activities, it can be inferred by the prior section that this section would also cover the cyber space as well, such as phishing scams, clickbait scams, card skimming or any other form of cyber attack.

Section 152

according to BNS involves "any act endangering sovereignty, unity or integrity of india Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; this would include crimes cuch as cyber warfare, cyber espionage, disinformation campeigns and propaganda within the provision.

Section 196

Section 196 discusses the promotion of enmity between different groups on the grounds of race, religion, place of birth, language, residence, etc. This includes doing acts prejudicial to the maintenance of harmony between the communities. And explicitly includes electronic communication as a medium. An example of this may be the spread of harmful content or targeting of individuals or fake news based upon identity.

Section 197

like its prior section, includes electronic communication as a medium. The section discusses the imputations or assertions that are prejudicial to national integration.

Section 206

discusses public servants absconding to avoid service or summons or any other proceedings. The section specifies the presentation of an electronic record in court, hence involving digital means into court summons.

Section 294

discusses the sale etc of obscene books, etc. This section includes obscene material published and distributed electronically or the spreading of the content online. This section includes the sharing of pornographic, offensive or abusive content online as an offence.

Section 299

includes any "deliberate of malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. This section also mentions that electronic means are also covered by the scope of the provision.

Section 303

discusses theft and cyber theft. For cyber theft deals with the theft of mobile phones, computer hardware, software or data. This section is also mirrored in the IT Act, and hence the applicability of such a special law takes precedence, yet this provision aims at covering any lacunas in the provision.

Section 308

discusses extortion, where whoever intentionally puts a person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver any person any property, or valuable security, or anything signed or sealed which may be converted into valuable security. This provision includes threatening by sending a message through an electronic device as committing extortion as well.

Section 317

discusses stolen property, where stolen computers, mobile phones, or data held by not only the thief or any other third party is included within the scope of the provision.

Section 318

discusses cheating or any form of cyber fraud, including the creation of bogus websites or password theft, or any other such fraud.

Section 335

discusses the formation of a false document or false electronic record. Subclause (A) (ii)(iii) and (iv) all deal with electronic records and electronic signatures.

Section 336

deals with forgery. In the cyber space, this would include email spoofing and online forgery. Like in the prior section, electronic records and electronic documents are explicitly mentioned in the subclauses.

Section 337

includes the forgery of a court or public register, etc. Whoever forfes a document or electronic record, purporting to be a record or proceeding of or in a court or an identity record issued by the government is included in the provision.

Section 353

focuses on statements conducing to public mischief. This includes the publishing, circulation or any statement, rumour, false information, hate speech, hoax messages, disinformation or any such act that can harm security or public order and is considered to be an offence. This section also includes electronic means explicitly as a possible medium.

Section 356

discussed defamation, including that through digital means. This includes the act of sending defamatory content via email or publishing and transmission on the internet or any other means, effectively increasing the scope towards the cyber space as well.

IT (amendment) Act, 2008

expanded the act's scope to include more cybercrimes and offences. It introduced sections to counter cyber terrorism, misuse of electronic devices and identity theft, as well as the procedure and provisions for the appointment of adjudicating officers and the formation of cyber regulation appellate tribunals.

IT (amendment) Act, 2018

introduced provisions to handle issues of data protection and the management and security of sensitive personal data, as well as tried to improve the enforcement of existing cyber laws.

USA

Computer Fraud and Abuse Act (CFAA)

UAE

Federal Decree - Law No. 5 of 2010

USA-TERRORISM

utilises the CFAA and the USA PATRIOT ACT, which expanded surveillance powers after 9/11

USA DATA PROTECTION

California Consumer Privacy Act (CCPA)

UAE TERRORISM

Federal Law No. 5 of 2012