Understand The Abysmal State of Cyber Crime, India Now.
Aniruddha Choudhury 8 Sep 2016

Understand The Abysmal State of Cyber Crime, India Now.

With increasing internet penetration in the country, cyber crimes have also grown at the same rate. Their redressal however, paints a different story. Cyber crimes which consist of crime over the internet include hacking, identity theft, breach of confidentiality such as credit card details theft and other cyber frauds.

Cyber crimes which have been on the rise due to advent of e-commerce websites and feasibility of the internet today, are failing to be addressed under India’s legal framework. Crimes committed through use of a computer can be registered under the Information Technology (IT) Act, 2000, the Indian Penal Code (IPC), State level legislations and the Cyber Appellate Tribunal (CAT).

While instances such of hacking, fraud digital signature certificate, breach of confidentiality etc are registered under the IT Act, others such as forgery, false electronic evidence, tampering is dealt with under the IPC.

Despite this mechanism set up for redressal of cyber frauds, the situation today is abysmal with large number of pending cases. As per the data of National Crime Record Bureau (NCRB), a total of 11, 592 cyber fraud cases were reported in 2015 which was a 20.5% rise over the number of cyber cases in 2014.

The main reason for this may be assigned to the fact that India’s sole appellate tribunal, CAT which was set up in October 2006, has been lying defunct for the last three years. The situation is so bad that a chairperson since the retirement of Justice Rajesh Tandon in 2011 has still to be appointed to look after the affairs of the tribunal.

In this regard, Pradeep Chandrasekhar, Member of Parliament, on 24 August wrote a letter urging the central government to appoint a chairperson to the tribunal. He highlighted that it in the light of government’s efforts under Digital India initiative and the number of internet users touching millions, the appointment must be treated as a priority.

As a result of the lack of an expert tribunal specializing in dealing with cyber complaints, individuals and technology giants such as Facebook, Mincrosoft, Google owned YouTube, banking corporations etc. are left with no option but to file their matters concerning cyber security in courts which do not have expertise in cyber law. For instance, the Delhi high court is seized of a matter wherein Paytm has alleged that Snapdeal -owned Unicommerce eSolutions Pvt. Ltd had wrongfully accessed its seller information. Such matters apart from taking up the precious time of courts add to its burden of pending cases.

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