Escolar Documentos
Profissional Documentos
Cultura Documentos
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CHAPTER 1
INTRODUCTION
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CHAPTER 1
INTRODUCTION
private wrong with the consequent intervention between the criminal and
Gillian J.L. points out “More important is the feeling of danger to ourselves
and our property than the criminal induces”. [Gillian, J.L. Criminology and
penology (1945)]
against the public and which renders the perpetrator of the act or default liable
to legal punishment”.
The elements which are related with the criminality of human being may be
variance etc.
For semi-urban and rural india, cities have gradually come to signity
life style and facilities of all the parameters that are perceived to quality a
successful life in the present context, Living in a city is perhaps one of the
most significant and sought after Crimes trends under major heads from 1953-
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years bovever, Crimes such as murder,rape,kidnapping& a eduction robbery
The police force and investigating agencies in india is constrained by the lack
The main causes of crimes are victim of unfair ruling and the correction
condition,Regionalism,T.V.violence,Racism,Politics,Poverty,over population.
In the society, at present the crime will happened with new dimention as
money etc.
was totally ignorantof such types of crimes, although these were committed in
say that the cyber crimes started to operate when technology reaches its peak
and took new tum to satisfy human needs and desires. Because such cnmes
contain the elements of blue collar and white collar crimes. These are blue
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collar crimes because these are not very different from other prototype crimes,
though recognized by various names. These are also white collar in nature
because crimes are usually committed by a class of criminals who are having
knowledge about science and technologies. For this reason I dare to say that
cyber crimes are an amalgamation of blue collar and white collar crimes.
In the selected subject of work, researcher made a thorough study on the new
forms of crimes. The criminals of this advanced age endeavour to commit this
new crimes with the help of computers through Internet by exploiting cyber
space. This is a new subject and the world facing problem to tackle the
modem computer and its application. Historically the modem computer of the
first decade of 2nd century directly descended from calculating machines, like
directly linked with the history of computation. The modem computer can
work with number, its main use for storing and manipulating information. The
persons.
Worldwide, many countries have enacted their own criminal laws, computer
throughout the world and can be viewed in any part of the universe, hence
which particular law will be applicable for the disputed transaction, becomes a
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ticklish question because of the variation in cyber laws of different countries.
coordinated action for all alike including the people, institutions, industries,
governments and above all, the states. Since cyber crime have an international
universal acceptance and recognition. These types of new crimes in the society
Excessive workload due to inadequacy for manpower and long working bours
even on holidays and the absence of shift system, There are in the society non
inception.
White collar criminality has become a global phenomenon with the advance of
commerce and technology. Like any other country, India is equally in the grip
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technology, particularly during the closing years of the twentieth century, have
crimes which are commonly called as cyber crimes. These crimes have
become a matter of global concern and a challenge for the law enforcement
crimes, they can be committed anonymously and far away from the victims
they can use computer technology to inflict damage without the risk of being
increase in cyber crimes with the increase in new internet web sites. The areas
affected by cyber crimes are banking and financial institutions, energy and
Worldwide, many countries have enacted their own criminal laws, computer
throughout the world and can be viewed in any part of the universe, hence
which particular law will be applicable for the disputed transaction, becomes a
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coordinated action for all alike including the people, institutions, industries,
governments and above all, the states. Since cyber crime have an international
been incepted since times immemorial, but remained dormant until the
beginning of World War II, However, according to Prof. Albert Morris the
Repression of Crime at London in 1872. Prof, A.Morris himself had drawn the
Nevertheless, the statue of this newer form of criminality was for the first time
The two world wars badly affected the whole set-up of our community at
large, resulting in the sudden upsurge of many problems. One of the major
problems was the scarcity of the essential things and a mounting demand, for
advantage of the war situation; thereby avarice and rapacity developed among
8
conspiring to fix prices, selling adulterated food stuffs and evading corporate
taxes etc.”
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CHAPTER 2
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CHAPTER 2
CONCEPT OF CRIME
The notion that acts such as murder, rape and theft are to be prohibited exists
worldwide. What precisely is a criminal offence is defined by criminal law of
each country. While many have a catalogue of crimes called the criminal code,
in some common lawcountries no such comprehensive statute exists.
The state (government) has the power to severely restrict one's liberty for
committing a crime. In modern societies, there are procedures to which
investigations and trials must adhere. If found guilty, an offender may
be sentenced to a form of reparation such as a community sentence, or,
depending on the nature of their offence, to undergo imprisonment, life
imprisonment or, in some jurisdictions, execution.
While every crime violates the law, not every violation of the law counts as a
crime. Breaches of private law (torts and breaches of contract) are not
automatically punished by the state, but can be enforced through civil
procedure.
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Overview
Usually, a natural person perpetrates a crime, but legal persons may also
commit crimes. Conversely, at least under U.S. law, nonpersons such as
animals cannot commit crimes.
The sociologist Richard Quinney has written about the relationship between
society and crime. When Quinney states "crime is a social phenomenon" he
envisages both how individuals conceive crime and how populations perceive
it, based on societal norms.
Etymology
The word crime is derived from the Latin root cernō, meaning "I decide, I give
judgment". Originally the Latin word crīmen meant "charge" or "cry of
distress."[8] The Ancient Greekword krima (κρίμα), from which the Latin
cognate derives, typically referred to an intellectual mistake or an offense
against the community, rather than a private or moral wrong.[9]
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In 13th century English crime meant "sinfulness", according
to etymonline.com. It was probably brought to England as Old
French crimne (12th century form of Modern Frenchcrime), from
Latin crimen (in the genitive case: criminis). In Latin, crimen could have
signified any one of the following: "charge, indictment, accusation;
crime, fault, offense".
The word may derive from the Latin cernere – "to decide, to sift" (see crisis,
mapped on Kairos and Chronos). But Ernest Klein (citing Karl Brugmann)
rejects this and suggests *cri-men, which originally would have meant "cry of
distress". Thomas G. Tucker suggests a root in "cry" words and refers to
English plaint, plaintiff, and so on. The meaning "offense punishable by law"
dates from the late 14th century. The Latin word is glossed in Old English
by facen, also "deceit, fraud, treachery", [cf. fake]. Crime wave is first attested
in 1893 in American English.
Definition
Whether a given act or omission constitutes a crime does not depend on the
nature of that act or omission. It depends on the nature of the legal
consequences that may follow it.[10]An act or omission is a crime if it is
capable of being followed by what are called criminal proceedings.[11][12]
History
The expression "crime" means, in England and Ireland, any felony or the
offence of uttering false or counterfeit coin, or of possessing counterfeit gold
or silver coin, or the offence of obtaining goods or money by false pretences,
or the offence of conspiracy to defraud, or any misdemeanour under the fifty-
eighth section of the Larceny Act, 1861.
Scotland
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For the purpose of section 243 of the Trade Union and Labour Relations
(Consolidation) Act 1992, a crime means an offence punishable on indictment,
or an offence punishable on summary conviction, and for the commission of
which the offender is liable under the statute making the offence punishable to
be imprisoned either absolutely or at the discretion of the court as an
alternative for some other punishment.
Sociology
These structural realities remain fluid and often contentious. For example: as
cultures change and the political environment shifts, societies
may criminalise or decriminalise certain behaviours, which directly affects
the statistical crime rates, influence the allocation of resources for the
enforcement of laws, and (re-)influence the general public opinion.
Indeed, in those cases where no clear consensus exists on a given norm, the
drafting of criminal law by the group in power to prohibit the behaviour of
another group may seem to some observers an improper limitation of the
second group's freedom, and the ordinary members of society have less respect
for the law or laws in general – whether the authorities actually enforce the
disputed law or not.
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Other definitions
Legislatures can pass laws (called mala prohibita) that define crimes against
social norms. These laws vary from time to time and from place to place: note
variations in gamblinglaws, for example, and the prohibition or
encouragement of duelling in history. Other crimes, called mala in se, count as
outlawed in almost all societies, (murder, theft and rape, for example).
English criminal law and the related criminal law of Commonwealth countries
can define offences that the courts alone have developed over the years,
without any actual legislation: common law offences. The courts used the
concept of malum in se to develop various common law offences.
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1. Definition of crime:
wrong with the consequent intervention between the criminal and injured party
the reason for making any given act a crime is the public injury that would
result from its frequent participation. The society therefore takes steps for its
1.1: The word ‘crime’ is of origin viz; ‘Crimean’ which means ‘charge’ or
1.2: The Waverly Encyclopedia defines it as, “An act forbidden by law and
1.4: Sir John Hare (1844 - 1921) Explains, “Crimes sometimes shock us too
1.5: Dr. Gillian J.L. points out, “More important is the feeling of danger to
1.6: Mr. Justin Millar contends that the crime is the commission or omission
imposed
1
Gillian,J.L. Criminology and Penology
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by the State.
1.7: Watermark Says that customs and laws are based on moral ideas and that
1.10: Halsbury defines crime as, “an unlawful act or default, which is an
offence against the public and which renders the perpetrator of the atc or
sanction. But punishment is not only the criterion of value. Religion, art,
education and other sociological agencies also reveal value .2According to this
1.12: The concise Encyclopedia of crime and criminals, has defined ‘crime’
against the State, as contrasted with loot or a civil wrong, which is a violation
2
Sellin T. Culture conflict and crime
3
Sir Harold Scott (edited)
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1.13: Crime in international context-“crime is complex, multidimensional
event that occurs when 0the law, offender on target (refers to a persom in
personal crime and or object in property) converge in time and place (such as a
commanding.”
1.17: Gwyenn Nettle: - Clearly remarks “Crime is work not added”. To fully
appreciate the import of this remark it is necessary to recognize that the term
events that contains within it numerous subcategories. At the same time the
and Durkheim, “Criminality proceeds from the very nature of humanity itself,
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1.19: Garofalo’s “natural” definition : crime is an immoral and harmful act
elementary altruistic sentiments of probity and pity. Moreover, the injury must
wound these sentiments not in their superior and finer degrees, but in the
1.22: Conceptions of crime very so widely from culture to culture and change
with time to such an extent that it is extremely difficult to name any specific
We would give our own definition of crime. So as to bring all the essential
punish or otherwise deal with under its laws for the time being in force. The
different acts and or omissions so punishable under the law are known as
“Crimes”. In this modern age, sociologists have expanded that crime happens
in the social structure only. They don’t agree that a human being happens to be
a criminal by birth. They also analytically put forth many social factors which
4
Oxford dictionary
19
induce human beings towards criminality by going against the system of social
These factors affect the whole of the society. Further these ordinary factors
are
2.1.1- Geographical.
2.1.1 - Sociological.
2.1. 3 - Physiological.
2.1.4 - Atmospheric.
child born in winter usually becomes less intelligent. Some of such children
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criminologists have tried to show the relation between the features of
geographical elements and the proportion of crimes. Mr. Lombroso has also
the year. According to him, child murders are proportionally more in the
period from January to April. In July, murders and total attacks are found to
winter in the European countries, the primary (basic) needs increase and if
there are obstacles in satisfying their needs, the individuals have a tendency to
criminal acts.
“By geographical factors, we mean those factors which are connected with
rules.
5
K. Singh
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2.1.3- Physiological Factors:
As a living being, man’s physique, heredity and the functions of body glands
there is abnormality in the body and mind of a criminal right from his birth.
inherits some of the organic properties from the parents. We call these as
for the criminal attitude. Hereditary weakness and criminal attitude convert a
man into a criminal. The life style of every human being is affected largely by
Some psychologists say that criminal behavior has its roots in the
feeling of criminality, mental shocks etc. one related with the human mental
activities and they become responsible for the criminal behavior. Sociologists,
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Mr. Ddugdale (American Criminologist)
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These are related with the criminality of human beings. The following
certain circumstance this family responsibility fails and the members of the
If in a family, the father and the mother are divorced, or dead, or living
separately then such a family is in the ruins. The children of a such a family
turn towards criminality. This has been proved from various researches
conducted so far.
the family. More members make a big family and fewer members make a
small family. Usually in a big family there will be difficulties regarding food
and management. In such large families, generally children are neglected and
such neglected children tend to become criminals. In these matters there have
not been researcher showing a definite relation of criminality with the size of
the family. Still, in the urban areas, children in the big families generally turn
to criminal behavior.
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2.1.4.4 - Serial Placement among Brothers in a Family:
brother by his servility among his brothers. Some criminologists of New York
the brother in the 2nd place of servility tends to become a criminal. The last
but one child does not generally have a criminal behavior. The youngest child
the family then the members of the family especially the children behave in a
The most important duty of the family guardians is to be attentive towards the
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don’t find time as they are involved in their own duties. Further, they don’t
have desire or they are ignorant and they have undue or over belief in their
children. Whatever be the case, if the guardians don’t care for the proper
behavior of the children, then they will certainly turn towards criminal
behavior.
crime. Further, in the fast growing cities the increasing population is taken to
acts and the extent of such effect can be studied. Besides, the effects of various
elements are more responsible for criminal activity and the criminal activity is
may turn to criminal behavior. It is but obvious that the criminality is more
7
Mr. Bonger (Dutch Criminologist)
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CHAPTER 3
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CHAPTER 3
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In order to tackle with computer-related crimes, Information Technology Act,
2000 has been enacted to provide legal recognition to the authentication of
information exchanged in respect of commercial transactions.
Section 43 and 44 of Information Technology Act prescribes the penalty for
the following offences:
Inapplicability
Qualification for appointment as adjudicating officer not
prescribed
Definition of hacking
No steps to curb internet piracy
Lack of international cooperation
Power of police to enter and search limited to public places
Absence of guidelines for investigation of cyber crime
There are some measures to deal with white-collar crimes. Some of them are,
creating public awareness of crimes through media or press and other audio-
visual aids and legal literacy programmes. Special tribunals should be
constituted with power to sentence the offenders for at least 5 years and
conviction should result in heavy fines rather than arrest and detention of
criminals. Unless the people will strongly detest such crimes, it is not possible
to control this growing menace.
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3.1 - Types of White Collar Crime In India:
Bank Fraud:
bank of funds.
Blackmail:
charged with bribery whether you offer the bribe or accept it.
Bribery:
thems.
actor signs up for service under false identification or where the actor clones a
valid electronic serial number (ESN) by using an ESN reader and reprograms
Computer fraud:
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Counterfeiting:
authorized to do so and passes the copy off for the genuine or original item.
Currency Schemes:
Yet another field where collar criminals operate with impunity are the
financial aid by submitting fictitious and fake details about their institutions.
The teachers and other staff working in these institutions receive a meager
salary far less than what they actually sign for, thus allowing a big margin for
Embezzlement:
When a person who has been entrusted with money or property appropriates it
Extortion:
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Occurs when one person illegally obtains property from another by actual or
Engineering :
white collar crime. Scandals of this kind are reported in newspapers and
magazines almost every day in our country as example Er. Yadav Singh.
A number of cheating cases are reported in various parts of the country by the
deceive the youth with false promises of providing them white collar jobs on
Forgery:
Insider Trading:
Insurance Fraud:
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To engage in an act or pattern of activity wherein one obtains proceeds from
Investment Schemes:
Larceny/Theft:
When a person wrongfully takes another person's money or property with the
Legal Profession:
with the ministerial staff of the courts are some of the common practices
which are, truly speaking, the white collar crimes quite often practiced by the
legal practitioners.
Money Laundering:
other embezzlement schemes so that it appears that its original source either
Medical profession:
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illegal abortions, secret service to dacoits by giving expert opinion leading to
in India
Securities Fraud:
The act of artificially inflating the price of stocks by brokers so that buyers can
Tax Evasion:
When a person commits fraud in filing or paying taxes. The complexity of tax
laws in India has provided sufficient scope for the tax-payers to evade taxes.
difficulty posed before the Income Tax Department is to know the real and
exact income of these Professionals. It is often alleged that the actual tax paid
by these persons is only a fraction of their income and rest of the money goes
Telemarketing Fraud:
Actors operate out of boiler rooms and place telephone calls to residences and
number up front, and does not use the donation for the stated purpose.
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The act of placing an item for sale at one price yet charging a higher price at
the time of sale or short weighing an item when the label reflects a higher
weight.
White collar crimes are committed out of greed. The people who usually
White collar crimes are estimated to cost society many times more
organizations to prosper.
But naturally a question arises that if we have specific legislations to trace out
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reasons for which these white Collar criminals or occupational criminals go
unpunished are
i) Legislators and the law implementers belong to the same group or class to
The judiciary is equally, if not more, guilty of delaying justice. With white-
collar crimes on the rise, it is necessary for the judiciary and police to
and violence. Sending everyone to the same jail is also unfair. India needs
keep a constant vigil on the workings of the top ranking officers. General
public must not avoid being engaged themselves in the prosecution of the
Lastly if they are traced and proved guilty then Deterrent Theory of
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3.1 - Cyber Crimes:
Cyber crimes are any crimes that involve a computer and a network. In some
cases, the computer may have been used in order to commit the crime, and in
other cases, the computer may have been the target of the crime as -
CAUSES
If by “cause” you mean “how”, I’m afraid I have to engage in a little victim-
blaming. It doesn’t take much to be safe. Patch your equipment regularly,
tighten your access control rules, use good passwords, and operate from the
principle of least privilege. That’ll get you most of the way there. A lot of
companies spend six figures and seven figures on Cyber Security, but fail in
these basic steps and then wonder what went wrong. Cyber Security is a
behavior, not a product.
Do Zero-Day vulnerabilities exist - yes, but you aren’t likely to get hacked by
nation states who spend millions seeking these out - and they are seeking out
specific targets. No, you’re getting hacked by people who don’t even know
who they’re hacking - the best analogy is they’re walking down the street and
see a house a front door and four open windows.
Computer viruses are computer programs that, when opened, put copies of
themselves into other computers' hard drives without the users' consent.
Creating a computer virus and disseminating it is a cyber crime. The virus may
steal disk space, access personal information, ruin data on the computer or
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send information out to the other computer user's personal contacts. The most
attachment. You open this attachment, and the virus immediately spreads
via email.
There are numerous reasons that a person would create a virus to send out to
sabotage that system or to demonstrate the flaws that the other computer
system has. In some cases these viruses are able to be removed from the user's
computer system, and in some cases they are not. Therefore, it is easy for us to
understand how these viruses cause significant financial harm every year. The
cyber stalking becomes a cyber crime. Cyber stalking can include monitoring
moment, or while they are offline, or not on the computer or electronic device.
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relationship. Cyber stalking can include harassment of the victim, the
to save every keystroke they make so that the stalker can obtain information.
information about a victim on web pages or social media despite being warned
not to do so. Cyber stalking has the potential punishment of a prison sentence.
Hacking-
However the framers of the Information Technology Act, 2000 have no where
used this term so to avoid any confusion we would not interchangeably use the
word hacking for ‘unauthorized access’ as the latter has wide connotation.
This kind of activity refers to sending large numbers of mail to the victim,
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3.1.6 - Data diddling-
This kind of an attack involves altering raw data just before a computer
processes it and then changing it back after the processing is completed. The
electricity board faced similar problem of data diddling while the department
This kind of crime is normally prevalent in the financial institutions or for the
E.g. the Ziegler case wherein a logic bomb was introduced in the bank’s
particular account.
The computer of the victim is flooded with more requests than it can handle
type of denial of service attack, in which the offenders are wide in number and
Viruses are programs that attach themselves to a computer or a file and then
usually affect the data on a computer, either by altering or deleting it. Worms,
unlike viruses do not need the host to attach themselves to. They merely make
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functional copies of themselves and do this repeatedly till they eat up all the
available space on a computer's memory. E.g. love bug virus, which affected
10 million. The world's most famous worm was the Internet worm let loose on
These are event dependent programs. This implies that these programs are
occurs. E.g. even some viruses may be termed logic bombs because they lie
dormant all through the year and become active only on a particular date (like
This term has its origin in the word ‘Trojan horse’. In software field this
installed in the computer of a lady film director in the U.S. while chatting. The
cyber criminal through the web cam installed in the computer obtained her
Normally in these kinds of thefts the Internet surfing hours of the victim are
used up by another person. This is done by gaining access to the login ID and
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the password. E.g. Colonel Bajwa’s case- the Internet hours were used up by
any other person. This was perhaps one of the first reported cases related to
cyber crime in India. However this case made the police infamous as to their
This term is derived from the term hi jacking. In these kinds of offences the
hacker gains access and control over the web site of another. He may even
mutilate or change the information on the site. This may be done for fulfilling
political objectives or for money. E.g. recently the site of MIT (Ministry of
obscene matter was placed therein. Further the site of Bombay crime branch
was also web jacked. Another case of web jacking is that of the ‘gold fish’
case. In this case the site was hacked and the information pertaining to gold
ransom. Thus web jacking is a process where by control over the site of
considered a cyber crime. The personal information stolen can include the
person's name, social security number, birth date or credit card numbers. This
stolen information is then used to obtain new credit cards, access bank
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accounts or obtain other benefits, such as a driver's license. Identity theft is
For example, an individual could get your password and obtain your personal
information that you entered into Amazon.com when you made a purchase in
the past. He could then use your birth date and social security number in order
to apply for a new driver's license in your name with his picture on it! Identity
cyber crime. The reasons for the vulnerability of computers may be said to be:
The computer has unique characteristic of storing data in a very small space.
access is that there is every possibility of breach not due to human error but
8
Hart, The concept of law
42
due to the complex technology. By secretly implanted logic bomb, key loggers
that can steal access codes, advanced voice recorders; retina imagers etc. that
can fool biometric systems and bypass firewalls can be utilized to get past
3.2.3 – Complex-
The computers work on operating systems and these operating systems in turn
possible that there might not be a lapse at any stage. The cyber criminals take
3.2.4 - Negligence:
probable that while protecting the computer system there might be any
negligence, which in turn provides a cyber criminal to gain access and control
Loss of evidence is a very common & obvious problem as all the data are
routinely destroyed. Further collection of data outside the territorial extent also
43
narcotics, labour racketeering and other unlawful activities of such
associations”.
The core organised crime activity is the supply of illegal goods and services
lawful ownership and leadership, and to extract illegal profits from the public.
readiness to use brute force and violence. By corrupting public officials and
for itself power. Later, the money and power it begets are used to infiltrate
legitimate business and several other related activities. The recent experience
has shown that it attempts to subvert and corrupt our democratic processes.
1993, and the contract killings of several important social and political leaders
organised crime has on the country’s economy, trade and commerce can
disconcerting speed as the existing laws and procedures are not powerful
44
enough to help the law enforcement agencies to collect adequate evidence to
syndicates as a whole and thereby incapacitate them from carrying out their
nefarious activities. Since the real strength of organised crime lies in its money
power with which it buys political power, it is imperative to destroy its money
power base. Organised crime is not confined to the boundaries of any one
Drug Abuse and Drug Trafficking It is perhaps the most serious organised
Crescent and is a transit point for narcotic drugs produced in these regions to
the West. India also produces a considerable amount of licit opium, part of
which also finds place in the illicit market in different forms. Illicit drug trade
in India centres around five major substances, namely, heroin, hashish, opium,
not unknown but are insignificant and rare. Our borders have traditionally
45
quite sensitive but the percentage of seizures is much smaller. Indo-Sri Lanka
personal search before conducting the personal or house search of the accused
Afghanistan, UAE, Mauritius, Zambia, and the Russian Federation for ‘drug
control’.
3.4.2 - Smuggling:
smuggled items and the quantum thereof is also determined by the prevailing
fiscal policies.
India has a vast coast line of about 7,500 kms and open borders with Nepal
and Bhutan and is prone to large scale smuggling of contraband and other
contraband goods smuggled into this country, it is possible to have some idea
46
of the extent of smuggling from the value of contraband seized, even though
they may constitute a very small proportion of the actual smuggling. The high
point of smuggling was in 1990 when contrabands worth Rs. 760 crores were
silver import policies in 1992-93, have had their impact on customs sezure.9
In India the annual income generated from illicit drug trade, one of the biggest
affluent European and North American markets using the border States as
transit point facilitate black money generation, which is not only an economic
phenomenon; but having political, social and historical dimensions too. The
unholy nexus between politicians and bureaucrats on the one hand and the
business men on the other, fuels black economy in India1. The main source of
black money is the illicit drug trade which has spawned large money
regulations play an important role in merging this ill-gotten money with tax
evaded income so as to obscure its origin. This aim is generally achieved via
the intricate steps of placement, layering and integration so that the money so
9
Material series no 54
47
without any fear of detection. Money laundering poses a serious threat world
over, not only to the only to the criminal justice systems of the countries but
crimes and other connected activities, and the confiscation of proceeds derived
Money is laundered in India but the problem is quite serious. The tainted
adversely affecting the internal security of the country. In order to curb the
1997. In the proposed Act, money laundering has been defined as: (i) engaging
bringing into the territory of India the property i.e proceeds of crime. ‘Crime’,
as defined in the Act, covers, several Penal Code offences viz., waging war
Foreign Exchange Regulation Act, 1973 and the Customs Act,1962. Thus,
10
Vienna convention
48
‘crime’ has been defined comprehensively in the Act. The money generated
banking system. Secret flows of money can take place in free currency areas
their counter part in India immediately on the telephone or by wire service and
sends a coded message for payment to the Indian recipient. The hawala
operator in India would contact the recipient and fix a meeting place. The
about the code word s/he has to exchange with the hawala operator. Thus, the
hawala operator in India and the recipient of the money would exchange code
words and the hawala operators would hand over the money to the recipient.
Of course, the hawala operator in USA would charge a fee for the service
network. The network may include more than 3 or 4 countries. The principal
operators engage agents and sub agents in various countries for collection and
clients of the system. The dangerous aspect of the hawala system is the nexus
between hawala and illicit arms smugling, drug trafficking and terrorist
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Foreign Exchange Regulation Act. Even through the word ‘hawala’ has not
been defined in FERA, the essence of the Act is that any person who retains
3.4.4 - Terrorism&Narco-Terrorism:
does not fall in the category of organised crime, as the dominant motive
money-power. The Indian experience, however, shows that the criminals are
running and drug trafficking, under the umbrella of terrorist organisations. The
existing criminal networks are being utilised by the terrorist leaders. India
faced serious problems in the Punjab in the 1980s, which has since been
controlled with the installation of a popular government. The North East still
The terrorist groups there are partly financing their operations by kidnappings
for ransom of tea garden executives and extortion from businessmen. PWG
acts of violence.
About 60,000 terrorists were charged under this Act. However, the trials were
slow and the conviction rate quite low. This Act was allowed to lapse in 1995.
India at present does not have any anti-terrorist law. India has become
50
vulnerable to narco terrorism, bounded as it is by the ‘Golden Crescent’ on the
West and the ‘Golden Triangle’ on the East. Narco terrorism assumes several
forms, namely:
movements ;
(c) Terrorists join hands with drug lords to gain access to the powers, in the
political powers ;
(d) Terrorists give protection and support to drug traffickers with fire arms,
and the drug traffickers, being acquainted with the routes, assist the terrorists
in border crossings to bring arms and drugs in the target country; and
(e) Smugglers supply fire arms to the terrorists who are also drug traffickers.
The areas affected by terrorism in India are the border States which also
producing area in the early 1980s. The emergence of drug mafias in the
Golden Crescent countries and their linkages with smugglers in the border
States of India have given impetus to gun running. There is positive evidence
51
arms were seized from smugglers in the Punjab. There is also evidence that the
money generated abroad by the smugglers was used for purchase of weapons
which were smuggled into the country for terrorist activities. To illustrate,
consignments of arms and explosives on the western coast in early 1993, used
toll has passed 1,00,000 and is still rising, while Cambodia, Sri Lanka and
some African States continue to see conflict related deaths in their thousands.
India has also suffereddue to trafficking in illicit arms. The twin phenomenon
of rising crime as well as armed conflicts and terrorism are directly linked to
the global proliferation and movement of weapons .On 17th December, 1996,
an Antonov 26 aircraft dropped over 300 AK 47/56 rifles and 20,545 rounds
devices in a Purulia village in West Bengal State. The aircraft was bought
from Latvia for US$ 2 million and chartered by a Hong Kong registered
company, Carol Airlines. Payments were made mostly through foreign bank
accounts. The aircraft was ferried to a foreign country where it was registered.
After a dry run over the air drop area, the aircraft moved to Bulgaria from
52
country and then flew over the air drop area,11parashuting the arms and then
flew on to Phuket. On the return journey, the aircraft was forced to land at
Bombay, where the crew were arrested. CBI investigated this case and 7
persons were charged, including one British, 5 Latvians and an Indian. Several
others absconded. The seizures reflect only the tip of the iceberg. Similar
caches have been seized in Punjab and the North East. Gun running in foreign-
and high crime areas. The premium on foreign made weapons is quite high,
and relevant laws need to be made more stringent and speedy trials ensured.
38%. The chance of detection in contract kilings is quite low. The method
called ‘supari’. The rest of the payment will be made after the commission of
the crime. The Bombay gangs specialize in contract killings. The amount they
charge is quite large and varies with the socioeconomic status of the targets.
Dawood Ibrahim gang has been responsible for contract killings of several
11
Profile of violence in Punjab 1981-92
53
Kidnapping for ransom is a highly organized crime in urban conglomerates.
There are several local as well as inter state gangs involved in it as the
financial rewards are immense vis-a-vis the labour and risk involved.
are met. Terrorist gangs have also been occasionally involved in kidnappings
for quick money to finance their operations. In one recent case, the kidnapee
was killed even after his family paid a huge ransom amount to a U.P. gang.
The leader of the gang was known to the victim and he feared the victim
would disclose the gang’s identity if released. Several arrests have been made
in this case. Incidentally, the leader of the gang is a Member of the Legislative
Assembly of the State of North India. Delhi and Bombay are highly vulnerable
to this crime. The going rate in Delhi and Mumbai ranges from Rs. 1.00 to
5.00 crores, depending upon the paying capacity of the victims. In view of the
punishment of 10 years.
A large number of Indians are working abroad, particularly in the Gulf region.
Young people want to move to foreign countries for lucrative jobs. Large scale
higher wage levels in foreign lands. As it is not easy for the aspirants to obtain
valid travel documents and jobs abroad, they fall into the trap of unscrupulous
12
Section 364-A of IPC,1860
54
travel agents and employment agencies. These agencies promise to give them
amounts. Often the travel documents are not valid,13 and sometimes they are
simply dumped into foreign lands without giving them the promised
others drowned in the high seas of the Malta-Sicily channel on 24th and 25th
December, 1996. Investigation of this case was handled by the CBI which
disclosed that the travel agents in India sent some groups of Indians to
Thereafter, they were taken in small ships to the high seas from Alexandria
and Istanbul and were transferred to a big ship. There were about 460 people
from India, and other countries on board. The ship headed towards Italy. In the
Malta Sicily channel, they were required to shift to two smaller ships. While
docking, the two ships collided and water started pouring into the small ship
which created panic. There was rush to get back to the big ship and in the
investigation was conducted by the CBI and 25 travel agents were charged
the emigrants. The loop holes in the system are, however, exploited by the
13
108th ISVE Papers
55
transnational crime and involves unfathomable exploitation and human
migrations.
3.4.9 - Prostitution:
underworld plays an important part. Flesh trade has been flourishing in India
with brothels and call girl rackets, making plenty of money through this
activity. They supply young girls to brothels in different parts of the country,
shuttling them to and from the city to minimise the risk of their being rescued.
and Pune have an estimated 40,000 each. Even the relatively small town of
Nagpur has about 15,000 prostitutes. The total number of prostitutes in the
country is about 25,000,00014. About 300,000 enter the profession each year .
girls from Nepal enter the flesh market each year in India. Prostitution is not
an offence in India. However, running brothels, inducing girls for the sake of
running the brothels and the existing law has not been found strong enough to
14
By Patitaudharsamiti
56
ECONOMIC CRIME IN INDIA:
A table listing various economic offences, the relevant legislation and the
enforcing authorities in India is given below:
57
5 Foreign Contibution Foreign Contribution Police/CBI
Manipulations (Regulation) Act,
1976
6 Land Hijacking/REal IPC Police/CBI
Estate Fraud
7 Illicit Drug Trafficking Narcotics Drugs and NCB/Police/CBI
Psychotropic
8 Fraudulent Bankruptcy Banking Regulation CBI
Act, 1949
9 Corruption and Bribery Prevention of State/Anti
of Public Servants Corruption act, 1988 Corruption
Bureaux/Vigilanc
e Bureaux/CBI
10 Bank Fraud IPC Police /CBI
11 Insurance Fraud IPC Police /CBI
Racketeering in IPC Police /CBI
Employment
12 Illegal Foregin Trade Improt & Export Directorage
(Control) Act, 1947 General Foreign
Trade/CBI
13 Racketeering in False Passport Act, Police /CBI
Travel Documents 1920/IPC
15
N.V. Paranjpey: Crimnology, Penology and Victamology 2017
58
evasion; bribery; embezzlement; identity theft; money laundering;
and forgery and counterfeiting, including the production of Counterfeit
money and consumer goods.
For most countries, money laundering and terrorist financing raise significant
issues with regard to prevention, detection and prosecution. Sophisticated
techniques used to launder money and finance terrorism add to the complexity
of these issues. Such sophisticated techniques may involve different types of
financial institutions; multiple financial transactions; the use of intermediaries,
such as financial advisers, accountants, shell corporations and other service
providers; transfers to, through, and from different countries; and the use of
different financial instruments and other kinds of value-storing assets. Money
laundering is, however, a fundamentally simple concept. It is the process by
which proceeds from a criminal activity are disguised to conceal their true
origin. Basically, money laundering involves the proceeds of criminally
derived property rather than the property itself. Money laundering can be
defined in a number of ways, most countries subscribe to the definition
adopted by the United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances (1988) (Vienna Convention) and
the United Nations Convention Against Transnational Organized
Crime (2000) (Palermo Convention):
59
ii. The concealment or disguise of the true nature, source, location, disposition,
movement, rights with respect to, or ownership of property, knowing that such
property is derived from an offense or offenses or from an act of participation
in such an offense or offenses, and;
60
CHAPTER 4
SYSTEM OF CRIME
INVESTIGATION IN INDIA AND
INVESTIGATING AGENCIES
61
CHAPTER 4
INVESTIGATING AGENCIES
The word investigating agencies can be used as a synonym for the word
the scene. Other agencies responsible for investigation and prosecution can be
as they are ones who act for a principle only for a particular purpose. In this
case the special investigator‘s act for the Central Government‘ for special
circumstances.
62
sheet under Section 173. Union of India v. Prakash P. Hinduja .
A three Judge Bench in H.N. Rishbud v. State of Delhi , while dealing with
investigation, has stated that under the Code, investigation consists generally
of the following steps:
(a) Proceeding to the spot,
(b) Ascertainment of the facts and circumstances of the case,
(c) Discovery and arrest of the suspected offender,
(d) Collection of evidence relating to the commission of the offence which
may consist of:
(i) The examination of various persons (including the accused) and the
reduction of their statements into writing, if the officer thinks fit,
(ii) The search of places or seizure of things considered necessary for the
investigation and to be produced at the trial, and
(e) Formation of the opinion as to whether on the material collected there is a
case to place the accused before a Magistrate for trial and if so taking the
necessary steps for the same by the filing of a chargesheet under Section 173.
In Adri Dharan Das v. State of W.B. , it has been opined that:
“arrest is a part of the process of investigation intended to secure several
purposes. The accused may have to be questioned in detail regarding various
facets of motive, preparation, commission and aftermath of the crime and
connection of other persons, if any, in the crime.”
In Niranjan Singh v. State of U.P. , it has been laid down that investigation is
not an inquiry or trial before the Court and that is why the Legislature did not
contemplate any irregularity in investigation as of sufficient importance to
vitiate or otherwise form any infirmity in the inquiry or trial. In S.N.Sharma v.
Bipen Kumar Tiwari , it has been observed that the power of police to
investigate is independent of any control by the Magistrate. In State of Bihar
v. J.A.C. Saldanha , it has been observed that there is a clear cut and well
demarcated sphere of activity in the field of crime detection and crime
punishment and further investigation of an offence is the field exclusively
reserved for the executive in the Police Department. Manubhai Ratilal Patel v.
State of Gujarat and Others,(2013) 1 SCC 314.15
15
Mowu v. Suptd., Special Jail, 1972 SCC (Cri) 184, 189:(1971) 3 SCC 936
63
Further Investigation The mere undertaking of a further investigation either by
the investigating officer on his own or upon the directions of the superior
police officer or pursuant to a direction by the Magistrate concerned to whom
the report is forwarded does not mean that the report submitted under Section
173 (2) is abandoned or rejected. It is only that either the investigating agency
or the court concerned is not completely satisfied with the material collected
by the investigating agency and is of the opinion that possibly some more
material is required to be collected in order to sustain the allegations of the
commission of the offence indicated in the report. Vipul Shital Prasad
Agarwal v. State of Gujarat and another, (2013) 1 SCC 197.
Enforcement Directorate
CBI
NIA
64
Directorate of income Tax (Investigation)
observation into any matter to find facts. It helps people in gathering vital
Investigations are a very important part of law enforcement. They are very
to make the society evil free and a place where the society can reside without
the fear of any criminal activities, we need to make the investigation process
There are many kinds of investigations that become a part of the routine of an
investigator. The first and the foremost are the Criminal Investigations
believe that it came into existence in a very rudimentary form with the origin
of legal trials. Law has vested ample powers to the investigating agencies to
carryout the investigations. Under the Chapter XII of the Criminal Procedure
the functions of the police and the Judiciary are complimentary, and the
only to be obtained by leaving each to exercise its own function. The policy of
terminology:
65
Just as it is essential that everyone accused of crime should have free access to
the court of Justice, so that he may be duly acquitted, if found not guilty of the
should not interfere with the police in matters which are within their province
and into which law imposes on them the duty of inquiry.On realizing the
observed:
after submitting the report, comes upon evidence bearing on the guilt or
innocence of the accused. We should heave thought that police officer can
collect that evidence and send it, to the Magistrate concerned. It appears that
the courts have sometimes taken narrow view that, once a final report has been
submitted the police cannot touch the case again and reopen the investigation.
The Criminal Investigation is aims at looking for the techniques used by the
criminals to commit a crime besides the grounds and the reasons. It also
involves confirming the right criminals and victims through exploring and
committing the offence at certain types of place with specific style leaving
departments work on the basis of the accumulated data, and have ready access
66
Interrogation of suspects is one of the most important functions of Criminal
Investigation. Investigators work either for the victim or for the defendant or
his attorney in criminal proceedings. Serious crimes, which may lead to arrest
and conviction of a subject are the sources of cases for the legal/criminal
action takes place, like murder, robbery, dacoit, homicide etc. then the police
and legal investigators come in to action to find the facts behind the crime and
to nab the criminals. Investigations in such cases goes on till the case is solved
effort to uncover information about a crime. There are generally three ways
that a person can be brought to justice for a criminal act. The first way, which
is probably the least likely, is that the individual confesses to his criminal act.
Second, the officer of law can catch him in the act and the third way i.e. the
last is the most common way i.e. a criminal investigation can identify him as a
In most cases, when a crime is committed, the officials have two primary
concerns. One is, they want to know who committed the crime and the other is
16
Indian Law Commission (41th report)
67
what the motive was. The reason why a person breaks a law is called the
motive.
It is not a must that the motive comes after identifying the perpetrator in a
to catch the criminal. This often happens in the crimes such as kidnapping and
murders. Notes or other forms of evidence may be left that reveal why the
the police. There are other official agencies that have the authority to
investigate and launch criminal charges. In India C.B.I., i.e. Central Bureau of
U.S.A. it is the Federal Bureau of investigation, i.e. F.B.I. and the Internal
Revenue Service (I.R.S.). Police and other officials may use a variety of
practice because these individuals are generally criminals who are looking to
get out of trouble or to reduce their punishment. It is therefore argued that they
case.
There are some parts of a criminal investigation that police may not be able to
specialized knowledge or training that the investigators may not have. This
means that the police may have to employ others to help them. This is
68
especially true with deoxyribonucleic acid (DNA) testing. Although this
investigation does not always yield results. Sometimes suspects are accused
only for it to be determined later that they are not guilty. At other times, an
extensive criminal investigation may not produce any suspects. This can mean
that no one will be punished for the crime that was committed.
property are to be settled. Violations of law are usually not included. A civil
court action (or pending court action) that is not criminal in nature. Let me cite
A civil investigation helps uncover and assemble the information needed for a
civil trial. A civil trial is the opposite of a criminal trial. In most cases, this
type of court case involves two individuals who are arguing about an issue that
relates to their rights as citizens.17 A civil investigation can help, gather the
with an analysis.
17
Feliciya Dye, Criminal Investigation
69
Personal injury investigations
abuse investigations
see if they are the kind of person that is irresponsible, their driving record, to
criminal history, if they have been arrested or been prosecuted for crimes. The
goal is to find the truth. Any person who is interested or been prosecuted for
crimes. The goal is to find the truth. Any person who is interested in the other
person, with whom he wants any kind of investment can go for such
background investigation. It splits the chaff from the grains i.e. takes out the
specifically to inject yourself into the particular entity you are investigating.
investigation. The key thing is that you have to observe the situation without
others knowing that you are investigating. This is called Subrosa Investigation.
70
CHAPTER 5
PROBLEMS AND
DIFFICULTIES IN
INVESTIGATION OF
PROFESSIONAL
CRIMES
71
CHAPTER 5
Law enforcement officers are in our country‘s front line in the fight against
crime and they perform a difficult and dangerous job with skill and dedication,
but the nation‘s law enforcement officers constantly face extraordinary new
challenges with limited resources. With the passage of time serious problems
In India, today a dual system of criminal justice has grown up- the one of law
into the habit of appealing to political figures for remission from the sanctions
of law.
David Bayley also observed that the rule of law in modern India, the frame
upon which justice hangs, has been undermined by the rule of politics.
Supervision in the name of democracy has eroded the foundations upon which
India has a federal system, established by the constitution and this poses as
another problem for law enforcement. Since public order and police are State
subjects but when the police poses as a failure, this issue is raised in the
parliament. There are variations between the centre and state Government
of them.
18
Prof. David Bayley
19
Balvindar Singh, Cyber Crime : A New
Challenge For The Police
72
With the passage of time, there is escalation of crime and lawlessness. Main
the country so that people can pursue their vocations without having any fear
of crime and lawlessness. With the passing of every decade, there is steady
increase of crime. After war, crime is the biggest threat in modern societies.
including the extraneous influences and corruption that operate in the system,
Among all such factors the most important one which, in our view, accounts
political executive in the State Govt. to keep the recorded crime figures low so
as to claim before the State Legislatures, the public and the press that crime is
administration under their charge. The Chiefs of Police and other senior police
officers also find it easy and convenient to toe the line of the Govt. in
developing such a statistical approach for assessing the crime situation and
entire hierarchy down the line and is reflected at the police stations in their
reluctance and refusal to register cases as and when crimes are brought to their
notice.
20
4th Report, National Police Commission
73
In a survey of police society relationship, it was revealed that from the
starting of lodging a complaint in the police station, one has to take the help of
survey makes it clear that how badly our enforcement officers are caught in
the web of political people and other influential persons, thus making the
There are a vast number of old and outdated laws, cultured in our statute
out of prisons on paying a very nominal fees, thus the feeling of deterrence is
totally missing in criminals. Enforcement agencies officers puts his day and
night in order to curb crime and criminals, but to no avail. This hard work is
eroded away when he sees the same criminal out of the bars after paying a
nominal sum of rupees. It lowers down the morale of the enforcement officers,
Enforcing law is not just the job of a law enforcement agency but it is a whole
easy job, it requires a lot of sacrifices as well as going out of way many a
times to perform ones duty. Even if the enforcement officers try to change
laws or the way things are done, they have to face the consequence of
confronting the institutions which have made those laws. Doing the job of an
Maintaining law and order is not catwalk as it requires 24x7 commitment and
74
5.1 - Problems and Challenges
The Committee has interacted with a cross-section of the police officers at all
levels and in different States. The police officers have mentioned the
fair investigation:
j. Directing police for other tasks which are not a part of police functions;
k. Interrupting investigation work by being withdrawn for law and order duties
75
l. Political and executive interference;
These are technology related challenges which are faced by the law
airport or a child pornographer sends computer files over the internet or when
investigators must locate the source of communication They have to trace the
electronic trail‖ leading from the victim to the perpetrator in almost every case.
have to work across border, not only with one‘s counterpart but also with
industry to preserve critical evidence such as log files, emails etc. before it is
altered or deleted. Besides, while less sophisticated cyber criminals may leave
their tracks in cyber space. Internet telephony, strong encryption and wireless
The use of computers has grown exponentially during the last few years.
76
in a growing number of crimes. These are generally taken to include theft of
the internet over the past few years, a number of new generation crimes
affecting the lan, wan and Internet such as theft of information piracy, forgery,
piracy, child pornography are some of the new terms in average criminal
generation crimes leaving hardly any trace and making investigation highly
flow effortlessly around the globe. In the past the culprit had to be physically
New dimensional crime have become a reality in India too. Law enforcement
22
Balvindar Singh : A new challenge for the police
77
5.1.2 - Legal challenges:
Deterring and punishing computer criminals requires a legal structure that will
computer offences and the legal tools needed to investigate criminals using the
internet, often lag behind social and technological changes, creating legal
In India, however the I.T. Act 2000 has been enacted in pursuance to the
Jan 1997. The I.T. Act 2000 elaborates upon digital signature, electronic
electronic records24 etc. It specifies that Electronic Signatures will be valid and
imprisoned or fined or both. Amendments have also been made to the IPC,
Indian Evidence Act the Banker‘s Book Evidence Act and R.B.I. Act to
23
Dr. M. Dasgupta, Cyber crime in India
24
IT Act, 2000
78
5.1.3 - Operational Challenges –
There is need to have high tech crime units that respond to quick investigation
and assist law enforcement agencies faced with computer crimes. The police
know much about computers and thus not know what evidence to look for.
Whereas programmers may know a great deal about computers, networks and
how they work, but may not know about legal procedural requirements
deal with evidence but like the police, may not know what to look for when
dealing with digital evidence or how to apply real world forensic methods to
it. But now since cyber crimes re increasing, the police and law enforcement
investigative leads and to know when to call in an expert for assistance. Even
the lawyers have to learn to dig up digital evidence, defend it against common
The Central Bureau of Investigation (CBI) has recently created a cyber crime
25
D.B. Parker, Fiting Computer Crime
79
investigating cyber crimes.26 The officers of the Central Bureau of
Investigation (CBI) associated in this exercise share their expertise with the
The Committee is required to address itself primarily to the role of the Police
2(b) of the Criminal Procedure Code as: All the proceedings under the Code
for the collection of evidence by a police officer or by any other person (other
successful detection and prosecution. In the words of the Supreme Court (in
H.N. Rishbud v/s State of Delhi27 the investigation generally consists of the
following steps:
26
CBI research report
27
AIR 1955 SC 196: 1955 SCJ 283,
80
b) The search of places and seizure of things considered necessary for the
case to place the accused before a Magistrate for trial and, if so, taking the
necessary steps for the same for the filing of a charge sheet u/s 173 Cr.P.C.
considerable room for improvement. The Bihar Police Commission noted with
the same vein, the Punjab Police Commission bemoaned poor quality of police
received by the Punjab Police Commission was that all cases were not
reaffirmed the downward trend and observed that during the intervening years
the standard of investigation had further gone down. Many cases did remain
undetected. It also observed that conviction figures had also gone down.
In the first place, there is inadequacy of the investigating staff. The police
officers are hard pressed for time with multifarious commitments and, thus,
81
not able to devote adequate time for investigational work. A sample survey
done at the instance of the National Police Commission (Fourth Report of the
on an average, the investigating officer is able to devote only 27% of his time
on investigational work, while the rest of the time is taken by other duties
connected with the maintenance of law and order, VIP bandobust, petition
Ministers (GOI) in the wake of Kargil conflict in 2000 was informed by the
DGP, Uttar Pradesh, of the startling fact that the police could devote only 13%
41% his time on it and a Sub Inspector in rural areas spent 16 to 18% of time
is, however, a wide variation amongst States, with the workload of IO ranging
from a low of 12.7 cases in Orissa to a high of 145.3 cases in Andhra Pradesh.
IO. Given the heavy commitment of police officers in law and order, VIP
security and other ‘Bandobast’ duties, there is need for fixing a more realistic
82
norm. It may be apt to add that the prevailing norms regarding workload of 10
in the CBI are two cases per year in the Central Units and 4 cases per year in
the Territorial Units. The Committee has interacted with police officers at the
highest level as well as at the executive level. It has also discussed relevant
issues with SHOs and there immediate supervisory officers and seen their
cases per year. This norm is suggested for investigation of serious crimes.
ORDER WING
As of now, the police have a combined cadre of Officers and men who
perform both investigational and law and order duties, resulting in lack of
section 23 of the Indian Police Act, 1861, have become totally out-dated.
Much water has flown down the Ganges since then. Terrorism, particularly
State sponsored terrorism from across the borders, has drastically changed the
ambit and role of police functions and duties in certain parts of the country.
emerged as a serious challenge to the State authority. This has compelled the
leaving as much less for the routine crime work. The need for expeditious and
goal of speedy trial cannot be gain said. The investigation of crime is a highly
83
specialised task requiring a lot of patience, expertise, training and clarity about
the legal position of the specific offences and subject matter of investigation.
type not yet fully achieved by the police agencies. It is basically an art of
survey in six States in different parts of the country found that an average IO
was able to devote only 30% of his time to investigational work while the rest
of the time was taken in other duties. The National Police Commission
wing from the law and order wing but recommended restructuring of the
The Law Commission of India discussed this issue threadbare in its 154th
from the law and order police. The Law Commission adduced the following
84
It will result in speedier investigation which would entail speedier
disposal of cases;
Not having been involved in law and order duties entailing the use
Of force, they would not provoke public anger and hatred which
separation of investigation from the law and order wing. We feel that the long
standing arguments whether crime and law and order should be separated
should be ended once and for all. Most police officers are agreed that they
should be separated but feel that the separation may not be practical. We are of
the view that such a separation should be made in urban areas in all States as a
beginning. Separation of crime from law and order will lead to greater
investigation. In UP, this separation has already been put into effect in
municipal and bigger towns from April, 2000. Maharashtra is also in the
process of doing it. The rest of India must follow suit. It has been brought to
our notice that separation in the two wings has already 94 been effected in
there are separate police stations for Law and Order and crime. The Crime
85
Police Stations in Chennai register and investigate cases relating to property
offences. The rest of the offences are handled by the Law & Order PSs.
In the rural areas, the traditional system prevails. We have given a serious
thought to the matter and are of the view that all serious crimes, say sessions
triable cases, and certain other classes of cases are placed in the domain for the
Crime Police and the remaining crimes including crimes under most of the
Special and Local laws are handled by the Law and Order Police. The
Police and Law and Order Police. The strength will depend upon the
incharge of the Crime Police should also have the powers of the officer
the rank of ASI and must be graduates, preferably with a law degree,
The Law & Order police will report to the Circle officers/SDPO.
shall have crime teams functioning directly under him. He will carry
86
out investigations into grave crimes and those having inter district or
responsible for
d) help the Crime Police by providing logistic support in the form of Forensic
Each state shall have an IG in the State Crime Branch exclusively to supervise
working under his command to take up cases having inter District. & and
d) homicide squad;
f) kidnapping squad
87
g) automobile theft squad;
It may be apt to point out that the rank of the IO investigating a case also has
country is SI. However, some of the important police stations are headed by
the officers of the rank of Inspector. It has been observed that investigations
are mostly handled by lower level officers, namely, HC and ASI etc.. The
senior officers of the police stations, particularly the SHOs generally do not
of investigations. While no hard and fast rule can be laid down as to the rank
that, as far as possible, all Sessions triable cases registered in the police
stations should be investigated by the senior most police officers posted there,
be they SIs or Inspectors. This has obvious advantages as they will be able to
and from District. Police to the Range Office or the State Crime Branch due to
investigating officer or agency but also cools the trail of investigation and
88
renders immunity to the criminals, at least temporarily, from penal
a) The National Security Commission at the national level and the State
forces in the country and invoke faith and trust of the people in its functioning.
Government may differ with the recommendations of such Boards for reasons
to be recorded in writing.
District. Police to the Range office or the State Crime Branch by the
competent authority unless there are very compelling and cogent reasons for
authority.
d) The ‘superintendence’ of the Police in the State vests in the State Govt. As
there are allegations, not always unfounded, of misuse of this power for
89
e) Explanation: The power of superintendence shall be limited to the purpose
Another related aspect is frequent transfer of cases from one IO to another and
from District. Police to the Range Office or the State Crime Branch due to
investigating officer or agency but also cools the trail of investigation and
AGENCY
insularity of the investigating officers and the supervisory ranks. For fair and
immune from political and other extra influences and acts in consonance with
the law of the land and the Constitution. It has, however, been observed that
the people in authority think nothing of wielding influence to scuttle and, even
System’ in the posting of District and Thana level police officers is ruling the
roost. The things have come to such a pass that no transfer can be affected
without the ‘desire’ of the local MLA and MPs and certainly not always for
not desirable in any wing of the Government and certainly not in the Police
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Department and needs to be discontinued. It is strongly felt that the
act according to law and the constitution. Mere change of mind set would not
Integrity of the I.O has a vital bearing on the integrity of the investigation
conducted by him. The misconduct of the IOs has often been overlooked due
to misplaced and misconceived service loyalties. The Committee feels that the
Dist. Supdts. Of Police, Range Dy.I.Gs and the DGPs must ensure that the IOs
function wit utmost integrity and bad elements amongst them are identified
of the Police Vigilance set-ups at the State level and constitution of a similar
5.2.6 SUPERVISION
Another important reason for the decline in the quality of investigation is lack
of officers above the SHO who are empowered to monitor and guide the
SP, Superintendent of Police and even the Range DIG. But most of them do
not devote adequate time and energy to supervisory work. This has been
out in view of our fractured polity and social dissonances, it has now become a
regular feature to embellish the FIRs andstatements, giving incorrect facts and
91
reasons or to settle personal scores. This happens even in grave offences like
murder and rape etc. Witnesses and victims even make false statements before
the Magistrates u/s 164 Cr.P.C. It is, therefore, the duty of the supervisory
ensure that innocent persons are exculpated and the real guilty ones brought to
justice. It is easier said than done. It needs hard work, professional expertise,
and to top it all, moral courage to call a spade a spade, unmindful of the parties
and pressure groups involved. The I.O alone, lowly in rank, cannot do it; he
Committee feels that the quality of investigations would not improve unless
the supervisory ranks in the police hierarchy i.e. Circle Officers/ District.
ensure that their version has been correctly brought on police record
and that whatever clues they had in view have been pursued by the
police;
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Needless to say, supervision ensures proper direction, coordination and control
of Police and Circle Officers also reduces the utilisation of opportunities and
misuse of coercive powers vested in the officers from the SHO down to the
the force. The efficiency and honesty of the force depends largely in the
example and precept. Thus, close and constant supervision by senior officers
The efficiency and honesty of the force depends largely in the manner in
precept. Thus, close and constant supervision by senior officers over the work
areas in which Supervisory Officers can play a vital role are enumerated
below:
in plain and simple language by the senior most officer present in the
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police station or by someone to his dictation without omitting any of
it is done neatly with initials and date and in such a manner that it
could be read;
Cases are not routinely closed as false unless there are reasons to do so
and in case it is decided to close the case, steps are taken to prosecute
After the case has gone to the Court, its progress is watched and it is
attend the Court on the due dates and depose properly and that the
or Inter-State crimes;
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Scientific aids to investigation are optimally utilized in investigations
and that FSL experts are taken to the spot in specified crimes for
The Medico Legal Reports are obtained from the experts quickly so as
Case diaries are properly maintained as per law and entries in the
General Diary;
The witnesses coming to the police station are not made to wait for
expeditiously.
officers have to coordinate with other Districts and other States police
forces and may when necessary undertake tours to places outside their
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The Circle Officers should be left alone to concentrate on their
conducted by the Inspectors, Sub Inspectors and AS! etc. posted in the
police stations. Nonetheless, both the COs and the lOs need to be made
Crime investigations is a specialized work where the I.Os can perform their
duties properly only when they are properly trained and possess necessary
skills and expertise. There is, thus, great need to develop and sharpen
induction stage and periodical inservice training courses. These are two main
institutions; and more importantly, lack of willing trainers. Presently, there are
Hyderabad. Most of the States also do have their own training institutions but
information technology etc need to be developed and imparted to the I.Os. The
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ranks of the police personnel as also for inservice training. These instructions
Intelligence;
and officers having professional skills and aptitude alone should be inducted
incentive and a fixed tenure, say of three years. The old system of 30% of the
PROFESSIONAL CRIMES
investigation must commence from the stage of the very first visit by the IO to
the crime scene so that all relevant physical clues, including trace evidence,
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which would eventually afford forensic science examination, are appropriately
identified and collected. This can best be done if the IO is accompanied to the
Scientists etc., in the permanent strength of each police station. In some cases,
these personnel are drawn from scientific cadre, while in some others, they are
policemen themselves, specially selected for their flair for scientific work and
crime investigation must commence from the stage of the very first visit by the
IO to the crime scene so that all relevant physical clues, including trace
only 5-6% of the registered crime cases being referred to the FSLs and Finger
Print Bureau put together. There is urgent need to bring about quantum
falling over the years in the country and the forensic evidence, being clinching
investigation must commence from the stage of the very first visit by the IO to
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the crime scene so that all relevant physical clues, including trace evidence,
the country. On the other hand, USA has about 320 Forensic Science
Committee strongly feels that Forensic Science facilities in India need heavy
Judges), Senior Police Officers and Directors of most of the Central and State
made valuable suggestions for improving the Forensic Science scenario in the
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Police Manuals and Standing Orders should mandate the supervisory officers
to carefully monitor and scrutinize, if or not the IOs have exploited the
science facilities in each District. This should include one or more Mobile
Forensic Science Units, depending on the size of the District, the incidence of
crime, terrain and communication conditions in each District. Each unit should
Videographer. The job of these mobile units would be not only to identify,
collect and preserve the evidence but also to tender necessary opinion, on the
Kits for identification and lifting of scientific clues from the crime scene.
storage and preservation of scientific clue material collected from the crime
supplied for this purpose from time to time by the State FSLs. Appropriate
The Central and State FSLs are facing acute shortage of men power.
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from 17 to 71% of the sanctioned posts of scientists. The Governments
concerned should take appropriate steps to fill up these vacancies. Further, the
BPR&D. The States must, therefore, revise the sanctioned strength of their
country and they mostly learn on the job. It must be noted that a trained
We, therefore, recommend that NICFS should take upon its shoulders the
also recommend that NICFS must expand and strengthen its core facilities in
Forensics etc.
The Finger Print Bureau in the country are generally undermanned and are
storing and analyzing data manually. The analysis and retrieval, therefore,
takes a long time and the storage capacity is also limited. We, therefore,
Most of the FSLs suffer from financial crunch. The budgetary position of the
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A national body on the pattern of Indian Council of Medical Research should
be constituted in the country to prescribe testing norms for the FSLs and
discipline in India. We recommend that the UGC should consider creating the
A polygraph machine for lie detector test should be provided in each district.
The regular use will obviate the need for extra legal methods of interrogation.
The report of FSL experts and Medical Jurists play a seminal role both at the
investigation stage and at the trial stage in the determination of facts. The
police and the court complain that these reports are not being submitted in
time by the experts concerned. The delay hampers the investigations and
delays trials. Certain State Governments have laid down the time frame for
submission of reports by the experts but these norms are not being adhered to
The Medico Legal Services play an equally important role in the investigation
of crime and prosecution thereof. The state of Medico Legal Services in the
country is far from satisfactory. One of the main contributory factors for this is
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controlled by the Department of Health under the State Governments who are
not concerned with the police or with the Criminal Justice System. Even, the
and neglected state. The Doctors doing Medico Legal work i.e. conducting
postmortems of dead bodies and preparing Injury Reports etc. are also a
dispirited lot and in a poor state of morale. They feel forsaken by their parent
departments and not owned up by the Police departments for which they
recommends that:
should be set up in each State under the Senior Most Medico Legal
least two Board members, including one from the State FSL. One of
Experts.
being done by the Doctors who are not adequately trained in such
work.
confusion for the IOs as well as for the Courts. The State Governments
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Medico Legal work, and post them in the Districts and other Mufassil
There has been a tendency on the part of some Medico Legal experts to
reserve their opinion as to the cause of death etc., pending receipt of the
for them to give a definite opinion about the cause of death. This tendency
should be eschewed.
According to the section 154 of the Code of Criminal Procedure, the officer
Commission in its 4th report lamented that the police “evade registering cases
for taking up investigation where specific complaints are lodged at the police
Opinion, New Delhi, regarding “Image of the Police in India” which observed
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The Committee recommends that all complaints should be registered
necessitate change in the mind-set of the political executive and that of senior
officers.
There is yet another aspect that needs consideration. Section 154 Cr.P.C.
provides that it is the officer in-charge who will register a case relating to
investigational and law and order duties and are also on tours in connection
with court appearances etc. In their absence from the police stations, the
informants are made to wait till their return. it causes avoidable harassment to
the informant and also results in the disappearance of evidence. We, therefore,
the field formations to the effect that a case shall be registered by the SHO of
the police station if he is present at the police station and in his absence by the
senior most police officer available at the station, irrespective of his rank.
There are two more aspects relating to registration. The first is minimization
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sometimes, even lawyers and often tends to exaggerate the crime and
implicate innocent persons. This eventually has adverse effect at the trial. The
any loss of time so that the first version of the alleged crime comes on record.
in the country are generally small and located in crowded areas, particularly in
the urban centres. Some of them are even operating out of tents. Neither the
this atmosphere. The Committee, therefore, feels that a room equipped with
proper facilities such as video cameras, voice recorders etc. should be set apart
INTELLIGENCE-
The present day crime situation in India is of alarming concern to the police
are called for. What is of immediate concern is to have accurate and real time
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intelligence on organised crime activities so as to prevent major catastrophes
political intelligence exists in the States and at the Central level, no such
This deficiency has definitely hampered the crime control effort and calls for
immediate remedial action. The Committee feels that concrete steps ought to
set up. Its head office and permanent secretariat would be at Delhi. It would
consist of officers drawn from all parts of the country and representing a
cross- section of the police forces and central investigating agencies. The main
crime, terrorism, narco terrorism, cyber crimes, wild life crimes and
and would have a computerised data base, accessible to all State Police
forces/central agencies.
IGP/DIGP level officer, responsible to the DGP through the head of the State
Crime Branch. This agency would also have a computerised data base
accessible to the national level body, its counter-parts in other States and all
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The State Governments/DGPs should set up Criminal Intelligence Cells in
each District. An Additional SP level officer may head this Cell in each
district on full time basis. The District MOB may be merged into this Cell.
This Cell will collect information through the police stations as well as
through its own staff and will have a computerized data base.
for the work and equipped with adequate transport and communication
facilities. The Committee feels that it would be useful to involve the public
spirited and politically neutral NGOs with record of moral rectitude and the
District. level.
vigorously prosecuted. Forensic experts evidently play a key role both at the
experts and prosecutors should act in cooperation with each other. The
evidence there-from;
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Framing request for laboratory analysis;
prosecution needs;
judgment.
Committee feels that for effectiveness of the Criminal Justice System, not only
certain new laws need to be enacted but the deficiencies in the existing laws,
the enactment of the following new laws: The police system in the Country is
functioning under the archaic Indian Police Act which was enacted in 1861 for
the perpetuation of the British Empire. The police now have an obligation and
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National Police Commission had recommended enactment of a new Police Act
for achieving the above objectives about two decades back. The Central Govt.,
however, has not taken any action. The Committee strongly feels that a new
Police Act may be enacted by the Central Govt. on the pattern of the draft
prepared by the National Police Commission. Section 167 (2) Cr. P. C.,
period. The law should be amended to provide for a maximum police custody
five years.
As per section 167 Cr.P.C., the accused is liable to be released on bail if the
charge sheet is not filed against him within 90 days from the date of his arrest.
investigating officer, the court is satisfied that there are sufficient reasons for
after the expiry of first 15 days from the date of his arrest. This has emerged as
by the Law Commission of India which recommended in their 154 report that
the law should be amended to enable the CBI to take the accused in the police
custody remand even after the expiry of the first 15 days so long as the total
110
police custody remand of the accused does not to exceed 15 days. In our view,
such discrimination between the State Police and CBI would not be justified.
C.B.I. Many times accused are admitted in Hospitals during police custody on
health grounds and stay there for several days. During this period interrogation
Section 167(2) to exclude the period of hospitalization or such other cause for
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CHAPTER 6
112
CHAPTER 6
researcher usually collects and analysis data and draws conclusions. Long time
ago, the researchers were not trained, infact they lacked the basic techniques
related to date collection and analysis. In order, that the Special Investigating
However low a main sinks he never reaches the level of the police “Quetin
crisp. This means, unfortunately, the general public has lost faith in the
claim that the portrayal is exaggerated, but the truth is that instances of apathy
exist and the faith of the public remains shaken and this makes us mistrust our
law enforcement agencies and shy away from reporting or aiding them.
A police force, wherever they are, is made up of amazing people and I respect
them a great deal. So, then are enforcement, agencies good for bad, friend or
the enforcement agencies are cited below, in order to win back the faith of the
general public-
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It is the foremost duty of the enforcement agencies to lodge an First
so in a genuine case.
sensitivity.
The police can venture into other avenues, like targeting specific crime
The police should abandon the habit of always being late on the scene.
function.
These pseudo courts thrive on the lack of faith of the people in the
enforcement machinery. They should work only under the light of the
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Establishment of Fast Track Courts should be given significant
form of sentences.
Last but not the least, for effective investigation by the enforcement
agencies.
Cybercrime being global in character, generally affects the person far away
from the place of offence, may it be in the same country or some other
country. It, therefore, requires policing at international level as also the active
It has been generally accepted that procedural aspect of the criminal law is the
main hurdle in tackling the problem of cybercrime effectively but at the same
European Convention has chosen ten specific cybercrimes5 and urged the
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crime under the criminal law of other countries, which really pose a problem
lies in enacting a global cyber law uniformly applicable to all the countries of
the world. The crux of the matter is that universally accepted standard
cybercrime preventive laws should not vary from place to place. A nation
wise survey of cyber law indicates that only a few countries have updated their
cyber law to counter the cyberspace crime effectively, while many of them
have not even initiated steps to frame laws for policing against these crimes.
This divergent approach of world nations towards the desirability of cyber law
poses a real problem in handling the internet crime and at the same time
provides ample scope for the cyber criminals to escape detection and
punishment. All the nations should therefore, realize the need and urgency for
generating awareness about the dangerous nature of cyber crimes which are
perhaps the deadliest epidemic spread over the world in the new millennium
global view of the cyber law indicates that many countries do have their
national legislation for combating cyber criminality, but they radically differ
another country. This variation in law provides loopholes for the cyber
countries to tackle the problem of cybercrime. Not only that, there should also
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offences.Broadlyspeaking, the law enforcement agencies all over the world are
find it easy to impersonate on the internet and hide their identity. The legal
challenge emerges from the fact that cyber criminality is no longer confined to
the developed countries alone but it has assumed global dimensions in recent
crime in another country. There are hardly 20 countries in the world which
framework which is equally applicable to all the countries. The cyber laws
of adequate cyber forensic technology for dealing with cyber crimes constitute
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acquittal by the court. The traditional modes of procuring evidence are
investigation. The reason being that former are tangible and serve as best piece
the mindset of the people and they are gradually adapting themselves to the
adjudicate, i.e., whether it has personal jurisdiction to try the case and
territorial jurisdiction over the location or place where the crime is committed
crime, the problem often arises as to the law of which country would be
need for adopting appropriate regulatory legal measures and gearing up the
hands. Even a short delay in investigation may allow cyber criminals enough
time to delete or erase the important data to evade detection, which may cause
huge loss to the internet user or the victim. That apart, the peculiar nature of
118
cybercrimes is such that the offender and the victims do not come face to face,
It is for this reason that a multi-pronged approach and concerted efforts of all
the law enforcement functionaries is much more needed for effective handling
participation in combating this menace. This calls for participative role of all
danger to the society as a whole. It also calls for self protection initiatives by
the people who are vulnerable to cybercrimes. They must have adequate
knowledge and awareness about the nature and gravity of these crimes and the
warning people against the possible dangers and evil effects of cybercrimes on
victims and also the nation and the safety measures which are necessary to
agencies. The legal preventive measures may help in reducing the incidence of
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criminals. Some other suggestions to prevent and reduce the incidence of
to the commercial world. Perhaps, it is the area which has been most
well as the international level. The increasing use of computers in the field of
trade and commerce has at the same time opened new vistas for the
With the liberalization and globalization of economy, the business houses now
believe that there is a huge and profitable market for commercially exploiting
field, most of the money transactions are being carried out with the help of
money etc.
First of its kind, recently the US along with the cooperation of other nations
has drafted the International Cyber Security Scheme. According to this 30-
lawful for that nation to use its defence forces against the aggressor.It is
will be treated as a war against US, China had hacked e-mail accounts of
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engine Google has accepted that such hacking was done from Zizan City of
China by using techniques of phishing and virus attacks. Though China had
denied such allegations and has said that it is strictly against cyber crimes and
Exchange Board of India (SEBI) vide its notification dated January 25, 2000,
has provided that trading of securities on internet will be valid in India but
which provides legal validity and prevent security frauds and stock
they should also be made accountable for any lapse in computer security. The
enforcement agencies should therefore, develop and support the use of strong
and recoverable encryption services for protecting personal and business data
121
manner so as to prevent its detection. It involves writing that is not readily
Firewall device is yet another tool which may be extensively used to provide
which monitors data flowing between one computer to another on the network.
Firewall device can be used to control the amount of data flowing over one’s
computer network.
One of the most common ways of tapping black money has been amnesty
schemes. There have been 12 such schemes between 1946 and 1997.Many of
them helped to convert huge sums of money into white without thepayment of
any tax66. During 1997 itself Rs. 33,000/- crore worth of assets 250 were
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Introduction of methods to reduce the existing vast accumulation of
honest taxpayers.
where necessary.
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