Cybercrime Lawyer India

Unit 1: Principles and Concepts of Cyber Criminology

  • Crime, Tort, Misdemeanour
  • Cyber Space, Cyber Crime, Cyber Criminology
  • Information Security, Penetration Testing
  • Incident Response, GRC, etc.
  • Conventional Crimes vs. Cyber Crimes
  • Crime, Tort, Misdemeanor
    • Crime – act punishable by law; felony or misdemeanour
      • Cross & Jones defined Crime as a “legal wrong the remedy for which is the punishment of the offender at the instance of the state”.
      • Criminologist Paul Tappan defines crime as “an intentional act or omission in violation of criminal law, committed without defence or justification, and sanctioned by the state as a felony or misdemeanour.“
      • Elements of crime: An act alone does not make a crime, however, and both the intention of the person and the act itself, if such act is prohibited, combine to form the crime
        • Actus Reus (Guilty Act)-Physical element of crime
        • Mens rea (Guilty Mind)-Mental element of crime
      • Classification of crimes:
        • Legal crimes
        • Political crimes
        • Economic crimes
        • Social crimes
        • Miscellaneous crimes
        • Cyber crimes
    • Tort – civil wrong resulting in harm; the basis for a lawsuit
      • The wrongdoer has to provide the victim with compensation, to reimburse his deeds, this compensation is termed as a “liability”.
        In the case of torts, the wrongdoer is called a “tortfeasor”.
      • Types of Torts:
        • Intentional Torts: Battery, Assault, False imprisonment, Trespass to land, etc.
        • Negligence Tort
        • Strict Liability
    • Felonies – serious crimes e.g. murder, rape, robbery, and burglary.
    • Misdemeanors – minor crimes, punishable by < 1 year in prison e.g. petty theft, simple assault, disorderly conduct, and disturbing the peace.
    • Example: Hacking to steal data is a crime; failing to protect data could be a tort; minor hacking could be a misdemeanour
  • Cyber Space, Cyber Crime, Cyber Criminology
    • Cyber Space – virtual computer world; Internet
      • “a global and dynamic domain (subject to constant change) characterized by the combined use of electronics and the electromagnetic spectrum, whose purpose is to create, store, modify, exchange, share and extract, use, eliminate information and disrupt physical resources”
    • Cyber Crime – crimes directed targeting computers/devices/networks
      • “any illegal criminal activity that uses a computer either as an instrumentality, target or means of perpetrating further crime”
      • Computer as a target: using a computer to attack other computers e.g. hacking, identity theft
      • Computer as a weapon: using a computer to commit real-world crime e.g. cyber terrorism, pornography, stalking
      • Classifications:
        • Target Cyber Crime, Tool Cyber Crime, Computer incidental
    • Cyber Criminology – the study of cyber crimes and those who commit them
      • “the study of causation of crimes that occur in the cyberspace and its impact in the physical space”
      • A multidisciplinary field of inquiry – criminology, sociology, psychology, victimology, information technology and computer/internet sciences.
      • “At its core, cyber criminology involves the examination of criminal behaviour and victimization in cyberspace from a criminological or behavioural theoretical perspective”
      • Characteristics of cybercrime:
        • Anonymity in Nature
        • Global in Character
        • Non-existence of Physical Evidence
        • Creates high impact
        • People with specialized knowledge
      • Challenges
        • Identity of cyber criminals
        • Jurisdictional challenges
        • Extradition processes challenge
        • The challenge regarding the nature of evidence
        • Lack of effective reporting and dearth of data
        • Cost, time and efforts incurred in investigation and prosecution
        • Lack of adequate legislation
        • Ill-trained, poorly paid and lack of protection for law enforcement agencies
        • A dearth of experts in the prosecution of cybercrimes

Defining Cybercrime:

Cybercrime encompasses a broad spectrum of illegal activities conducted through digital means, often exploiting vulnerabilities in computer systems and networks. These illicit activities range from financial fraud, identity theft, and hacking to more sophisticated forms of cyber espionage and cyber-terrorism. Various researchers and scholars have attempted to define cybercrime from different perspectives.

Dr. R. K. Raghavan, in his work “Cyber Crime and Society” (2011), defines cybercrime as

“criminal activity directly related to the use of computers, specifically illegal trespass into the cyberspace for committing fraud, embezzlement, misappropriation, industrial espionage, and even sabotage.”

Another prominent scholar, Dr. K. Jaishankar, in the International Journal of Cyber Criminology (2007), defines cybercrime as

“offenses that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as the Internet.”

These definitions highlight the diverse nature of cybercrime, emphasizing its digital nature and the wide array of activities it encompasses.

Understanding Cyber Criminology:

Cyber criminology is an interdisciplinary field that combines elements of criminology, computer science, law, sociology, and psychology to study, understand, and combat cybercrime. The term “cyber criminology” was first introduced by Dr. K. Jaishankar in his article “From Off-line to Online: Exploring the Convergence of Crimes in Cyberspace” published in the International Journal of Cyber Criminology in 2007.

Dr. Jaishankar proposes that cyber criminology focuses on the study of causation, victimization, social reactions, and the understanding of criminal behaviour in cyberspace. It is essential to recognize that traditional criminological theories may not fully explain the dynamics of cybercrime, necessitating the development of new frameworks tailored to the digital landscape.

Key Components of Cyber Criminology:

  1. Causation in Cyberspace: Traditional criminological theories, such as strain theory and social learning theory, are often applied to understand the causes of criminal behaviour. However, cyber criminology introduces new factors, such as anonymity, technological skills, and the global nature of the internet, that contribute to the causation of cybercrime. Research by Dr. K. Jaishankar in the International Journal of Cyber Criminology (2008) explores the role of routine activity theory in understanding the causation of cybercrime.
  2. Victimization in Cyberspace: The concept of victimology is fundamental in criminology, and cyber criminology extends this to the digital realm. Victims of cybercrime can include individuals, businesses, and even governments. The study of victimization in cyberspace involves understanding how different entities are targeted, the psychological impact on victims, and the challenges in attributing cybercrimes to specific offenders. Dr. K. Jaishankar, in his article “Fear of Cybercrime and Virtual Victimization: A Look Behind the Screen” (2009), delves into the psychological aspects of victimization in cyberspace.
  3. Social Reactions to Cybercrime: Social reactions to cybercrime play a crucial role in shaping policy responses and public perceptions. The digital nature of cybercrimes often complicates the investigation and prosecution processes. Dr. K. Jaishankar, in the International Journal of Cyber Criminology (2008), discusses the challenges of policing cybercrime and emphasizes the need for international cooperation to address this global issue effectively.
  4. Understanding Criminal Behavior in Cyberspace: The study of criminal behaviour in cyberspace involves examining the motivations, methods, and profiles of cyber criminals. Unlike traditional crimes, cybercrimes often require a high level of technical expertise. Dr. R. K. Raghavan, in his book “Cyber Crime and Society,” discusses the evolution of cybercriminal behaviour and the need for adaptive law enforcement strategies.

Research Journals and Authors in Cyber Criminology:

  1. International Journal of Cyber Criminology (IJCC): Established in 2007 by Dr. K. Jaishankar, IJCC is a peer-reviewed journal dedicated to the study of cybercrimes. It serves as a platform for researchers and practitioners to share insights, theories, and empirical studies related to cyber criminology. Many seminal articles and research papers in the field have been published in this journal.
  2. Cyberpsychology, Behavior, and Social Networking: This interdisciplinary journal explores the psychological aspects of cyberspace, including cybercrime. Authors such as Dr. Mary Aiken, a renowned cyberpsychologist, have contributed to understanding the psychological dimensions of cybercriminal behaviour.
  3. Journal of Cybersecurity: Focused on the technical and policy aspects of cybersecurity, this journal publishes research that intersects with cyber criminology. Scholars such as Dr. Bruce Schneier, a prominent cybersecurity expert, have contributed to the discourse on the technical challenges of combating cybercrime.
  4. Crime, Law and Social Change: This journal addresses the broader societal implications of crime and law. Researchers like Dr. R. K. Raghavan have contributed to understanding the social changes brought about by cybercrime and the challenges in adapting legal frameworks to the digital age.

Defining the Scope of Cyber Criminology:

The scope of cyber criminology extends beyond individual criminal acts to include the examination of broader societal impacts, legal frameworks, and policy implications. Researchers in this field strive to develop a holistic understanding of the digital landscape, acknowledging the interconnectedness of technology, society, and criminal behaviour.

  1. Societal Impacts of Cybercrime: Cybercrimes have far-reaching consequences, affecting not only individuals but also businesses, governments, and critical infrastructure. Dr. K. Jaishankar, in his article “Cyber Criminology: Exploring Internet Crimes and Criminal Behavior” (2008), discusses the societal impacts of cybercrime, emphasizing the need for a multidisciplinary approach to address its complex nature.
  2. Legal Frameworks and Policy Implications: The dynamic nature of technology poses challenges to existing legal frameworks, necessitating continuous adaptation to address emerging cyber threats. Dr. R. K. Raghavan, in his book “Cyber Crime and Society,” explores the legal implications of cybercrime and advocates for international cooperation in developing effective legal frameworks.
  3. Globalization of Cybercrime: Cybercrimes are not confined by geographical borders, making international cooperation essential for combating them. Dr. K. Jaishankar, in his article “Globalization of Cybercrime: Understanding the Transnational Challenges” (2010), discusses the global nature of cybercrime and the need for collaborative efforts among nations to combat this evolving threat.

As technology continues to advance, the prevalence and sophistication of cybercrimes are likely to increase. The field of cyber criminology plays a pivotal role in understanding, preventing, and mitigating the impact of cybercrime. Through interdisciplinary research, collaboration, and the development of effective legal frameworks, scholars and practitioners in cyber criminology contribute to the ongoing effort to secure the digital landscape.

  • Information Security, Penetration Testing
    • Security:
      • “The quality or state of being secure—to be free from danger”
      • Layers of security:
        • Physical security – to protect physical items, objects, or areas from unauthorized access and misuse.
        • Personnel security – to protect the individual or group of individuals who are authorized to access the organization and its operations
        • Operations security – to protect the details of a particular operation or series of activities
        • Communications security – to protect communications media, technology, and content
        • Network security – to protect networking components, connections, and contents
          Information security protects the integrity and privacy of data, both in storage and in transit.
    • Information Security – protecting information systems and data
      • The protection of information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction to ensure confidentiality, integrity, and availability”
      • CIA Triad
      • Common Risks:
        • Social engineering attacks
        • Advanced persistent threats
        • Insider threats
        • Cryptojacking
        • Distributed denial of service (DDoS)
        • Ransomware
    • Penetration Testing – authorized simulated cyber attack to test defences
      • A penetration test, or pen test, is an attempt to evaluate the security of an IT infrastructure by safely trying to exploit vulnerabilities. These vulnerabilities may exist in operating systems, services and application flaws, improper configurations or risky end-user behaviour
      • Penetration testing is typically performed using manual or automated technologies to systematically compromise servers, endpoints, web applications, wireless networks, network devices, mobile devices and other potential points of exposure.
      • Penetration testing should be performed regularly to ensure more consistent IT and network security management.
      • The process of penetration testing, or short pen testing, is performed by trained security experts called ethical hackers.
      • Methods
        • External testing
        • Internal testing
        • Blind testing
        • Double-blind testing
        • Targeted testing
    • Example: Ethical hackers conduct penetration tests to improve security
  • Incident Response, GRC
    • Incident Response – reacting to cyber security breaches
      • Incident response is an organized approach to addressing and managing the aftermath of a security breach or attack (also known as an incident).
      • A detailed set of processes and procedures that anticipate, detect, and mitigate the impact of an unexpected event that might compromise information resources and assets.
      • This type of work is generally done by the Computer Security Incident Response Team (CSIRT) with the help of the Security Operation Center.
      • Common types of incidents include Phishing, Ransomware, Malware attacks, DoS attack
      • Six Phases:
        • Preparation
        • Identification
        • Containment
        • Eradication
        • Recovery
        • Lessons Learned
      • Benefits
        • Prevent data breach
        • Test your security controls
        • Ensure system security
        • To assess risk
        • To mitigate risk immediately
        • To assist in decision-making processes
    • GRC – governance, risk management, and compliance programs
      • GRC is the umbrella term covering an organization’s approach across these three areas: Governance, risk management, and compliance.
        GRC is an integrated approach to managing risks.
      •  Governance
        • combination of processes established and executed by the board of directors(BOD) that are reflected in the organization’s structure and how it is managed and led toward achieving goals. This includes policies, instructions, and operating practices that inform the company culture and direct its institutions. Effective governance defines key accountabilities and decision-making.
      • Risk management
        • predicting and managing risks that could hinder the organization from achieving its objectives. The systematic set of practices to identify, analyze, and address risks across major disciplines: markets, credit, and operations.
      • Compliance
        • The coordinated actions demonstrate adherence to internal policies and external laws and regulations. Compliance with the company’s policies and procedures, laws and regulations, and strong and efficient governance is considered key to an organization’s success.“
    • Example: Having an incident response plan allows effective response to attacks
  • Conventional Crimes vs Cyber Crimes
    • Medium
    • Trail of evidence
    • Anonymous user
    • Use of force
    • Conventional crimes are limited by physical location; cyber crimes cross borders
    • The scale of cyber crimes can be massive with automation
    • Anonymity makes apprehending cybercriminals difficult
    • Example: Cyber theft reaches millions of victims easily, unlike physical theft

Unit 2: Contemporary Forms of Crimes

  • White Collar Crimes, Economic Offences
  • Organized Crimes, Terrorism
  • Crime and Media and other contemporary forms of crimes
  • White Collar Crimes, Economic Offences
    • Crimes which are considered white-collar include corruption, corporate fraud, public fraud, tax evasion, goods smuggling, stock manipulation, currencies forgery, credit card fraud, environmental crime, intellectual property infringement
    • White Collar Crimes – non-violent crimes for financial gain, often through deception
      • Edwin Sutherland coined “white-collar crime” in 1939
      • “Crime committed by a person of respectability and high social status in the course of his occupation”
      • Nature & Characteristics
        • Not detected easily.
        • Indirect effect.
        • The damage is large & extensive.
        • Deliberate and planned conspiracies without any feeling and sentiments.
        • Violates trust, lowers social morale and produces social disorganization on a large scale.
        • Viewed lightly by the society.
        • Suppressed using their resources.
        • Far less likely to be investigated, arrested, or prosecuted
      • How different:
        • Objective, Modus Operandi, Impact, Visibility
      • Embezzlement, Forgery, Health Care Fraud, Insider Trading, Insurance Fraud, Investment Schemes, Larceny/Theft, Money Laundering, Racketeering, Securities Fraud, Tax Evasion, etc.
    • Economic Offences – crimes targeting government revenue/economy (tax evasion, money laundering, etc.)
      • The term economic offences define those crimes which are of an economic nature committed while in the course of some kind of economic or business activity.
      • Categories
        • Traditional economic crime which includes corruption, smuggling, bogus imports etc.
        • Emerging technological economic crimes that include credit card frauds, counterfeiting, cyber crimes etc.
        • Crimes through which proceeds of transnational organized crime are transmitted abroad like money laundering.
      • Features of socio-economic offences
        • Motive: Unlike traditional crimes, the act of committing the crime is motivated by extreme greed or a desire for riches.
        • Emotion: Whereas typical crimes are committed for emotional reasons, these sorts of offences have no emotional basis or relationship between the victim and the perpetrator.
        • Target victim: In most cases, the victim is the state or a group of individuals, most notably those who are consumers of particular goods or services, shareholders or holders of other assets, and so on.
        • Mode of operation: The primary motivator for committing such a crime is deception, not coercion.
        • Mental element: Such offences are generally committed on purpose.
      • Legislations
        • The Drugs and Cosmetic Act, 1940
        • The Prevention of Food Adulteration Act, 1954
        • The Foreign Exchange Regulation Act, 1947
        • The Wealth Tax Act, 1957
        • The Income-Tax Act, 1961
        • The Essential Commodities Act, 1955
        • The Customs Act, 1962 8. Dowry Prohibition Act, 1961
        • The Prevention of Corruption Act, 1988, etc.
      • Categories of socio-economic offences in India
        • Income tax evasion
        • Misuse of position and authority by public officials
        • All offences including breach of contract and delivery of goods that do not meet the requirements as promised
        • All black marketing and hoarding-related actions
        • Activities involving food and medication adulteration
        • Misappropriation and theft of government property and finances
        • The activities associated with the trafficking of licenses, permits, and so forth.
      • Causes of socio-economic offences
        • Industrial revolution
        • Business
        • Technology
        • Lack of morals
        • Laissez-faire
    • Example: Corporate fraud through cooking the books
  • Organized Crimes, Terrorism
    • Organized Crime – carried out by structured groups for power/profit
    • Terrorism – violence targeting civilians to further ideological, political, or social objectives
    • Example: Cybercriminal networks launching ransomware attacks

The Federal Bureau of Investigation, U.S defines organized crime as

“Any group having some manner of a formalized structure and whose primary
objective is to obtain money through illegal activities. Such groups maintain their
position through the use of actual or threatened violence, corrupt public officials,
graft, or extortion, and generally have a significant impact on the people in their
locales, region, or the country as a whole”

Interpol has sought to define organized crime as :

“Any enterprise or group of persons engaged in continuing illegal activity which
has as its primary purpose the generation of profits irrespective of national
boundaries”

Laws regarding Organised Crimes in India

  • In India, there is no specific central legislation with respect to organized crime.
    Few States have made their respective legislation which provides the definition of
    organized crime for e.g. Section 2(e) of the Maharashtra Control of Organized
    Crime (MCOC) Act, 1999 defines organized crime

“as any continuing unlawful activity by an individual, singly or jointly, either as
member of an organized crime syndicate or on behalf of such syndicate by use of
violence or threat of violence or intimidation or coercion, or other unlawful means
with the objective of gaining primary benefits or gaining undue economic or other
advantage for himself or any other person promoting insurgency”.

  • The Act further elaborates on the groups of organized crime through section 2(f)
    which provides the meaning of the term “organized crime syndicate” as a group of
    two or more persons who, acting either singly or collectively, as a syndicate of
    gang indulge in activities of organized crime.

Characteristics of Organised crimes

Hierarchical structure

• It is well structured with grades of authority i.e. Boss, a core group comprising second in command,
third in command and then field operators.
• A system of specifically defined relationships with mutual obligations and privileges.

Team work

• Association of a group of criminals which is relatively permanent and may even last decades.
• Members are well protected against the police, courts and rival gangs.
• Loyalty is the watchword and traitors will be brutally eliminated.
• Secrecy and willingness to do any act for the gang are the key traits.
• Initiation rituals, Oaths, and swear to secrecy.

Planning

• Advance arrangements to commit crimes, minimise risks and insuring safety and protection.

Centralised authority

• Centralised control and authority which is vested either in the hands of one individual or a few members.

  1. Reserved fund:
    • Fund from profits which serves as capital for criminal enterprises, seeking help of the police, lawyers and even politicians, and for providing security to the arrested members and their families.

  2. Specialisation:
    • Some groups specialise in just one crime while some others may be simultaneously engaged in multiple crimes.
    • Those groups which are engaged in multiple crimes are more powerful and influential.

  3. Division of labour:
    • Delegation of duties and responsibilities and specialisation of functions.

  4. Violence:
    • Use of force and violence to commit crimes and to maintain internal discipline and restrain external competition.

  5. Monopoly:
    • Initially, organised criminal gangs operate in a limited area, and are engaged in a limited type of crime with a limited number of persons, but, gradually they expand into a wider range of activities extended over large geographical areas, involving a large number of carefully selected criminals.
    • In whatever area they operate, they secure monopoly in their criminal enterprises.
    • They do not hesitate to use violence or threats of violence to eliminate competition.

  6. Protective measures:
    • It arranges permanent protection against interference from law-enforcement authorities and
    other agencies of government. The protective measures include contacts with policemen,
    lawyers, doctors, politicians, judges, and influential persons in society.
    • Giving money in cash or in gifts, providing help in elections, threatening their competitors,
    and arranging their (influential persons) foreign trips are some of the methods used by these
    gangs to secure protection and avoid arrest and conviction.

  7. Conduct norms:
    • It frames rules of conduct, policies of administration, and methods of operation for members
    and for the operation of crime. This helps in maintaining discipline, efficiency, loyalty,
    obedience, and mutual confidence. Penalties are imposed for violating rules.

Types of Organized crimes

  1. DRUG TRAFFICKING

• Drug trafficking can simply be understood as the illegal supply of contraband substances in response to the demand for restricted or banned drugs.
• In case of restricted substances, drug trafficking takes place when transactions are carried out without obtaining requisite permits.
• Such transactions include but are `not limited to the cultivation of weeds and plant which are known to act as hallucinogens when consumed, manufacture of narcotic substances, distribution of drugs both locally and internationally, and their unlicensed and illegal sale.
• The most infamous drugs in this respect include heroin, cocaine and LSD.
• As per the World Health Organization, WHO the narcotics drugs are any substance that modifies the consumer’s perception, behaviour and cognition, mood or his motor functioning.
• It is estimated that currently more than 35 million people globally suffer from drug disorder
and illicit trafficking of drugs is becoming an issue including in India.
• India is used as a transit country to move drugs like heroin from Myanmar, Bangladesh, and hashish from Nepal and hashish as well as heroin from Pakistan.
• The major types of illicit drugs which are grown, and which pass through India are opium, hashish, cannabis, heroin and methaqualon.
• The Indian Parliament passed the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) which came into force on 14 November 1985
• The Narcotics Control Bureau was created as chief law enforcement agency under NDPS Act, 1985.
• Criminal networks traffic a range of drugs including cannabis, cocaine, heroin and methamphetamine.
• As international borders become increasingly porous, global abuse and accessibility to drugs have become increasingly widespread.
• This international trade involves growers, producers, couriers, suppliers and dealers.
• India is geographically situated between the countries of Golden Triangle and Golden Crescent and is a transit point for narcotic drugs produced in these regions to the West
• Golden Crescent – The Golden Crescent region of South Asia—comprising Afghanistan, Iran, and Pakistan is a principal global site for opium production and distribution.
• The notorious Golden Triangle represents the region coinciding with the rural mountains of Myanmar, Laos, and Thailand.

  1. TRAFFICKING IN PERSONS

• Section 370 clause (1) IPC defined the term ‘Human Trafficking’ as follows:
Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers,
or (e) receives, a person or persons, by

First.-— using threats, or
Secondly.— using force, or any other form of coercion, or
Thirdly.— by abduction, or
Fourthly.— by practicing fraud, or deception, or
Fifthly.— by abuse of power, or
Sixthly.— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harbored, transferred or received, commits the offence of trafficking.

• The offence of human trafficking is being committed for different purposes which include Commercial Sexual Exploitation, Bonded Labor, Domestic Servitude and Organ Transplantation. The majority of identified victims of human trafficking have been women and children who seem to be more vulnerable to sexual exploitation.

3.FIREARMS Trafficking

• Trafficking firearms involves the manufacture and illegal distribution of firearms, their components and ammunition.

• The firearms that are usually most trafficked are:
(i) Small arms (revolvers and self-loading pistols, rifles and carbines, sub-machine guns, assault rifles, and light machine guns) and
(ii) light weapons (heavy machine guns, grenade launchers, portable anti-tank and anti-aircraft guns, recoilless rifles, portable anti-tank missile and rocket launchers, portable anti-aircraft missile launchers.

 The international trend of illegal trade of firearms usually goes from developed countries that manufacture and sell the guns, to purchasers in developing countries, especially in countries with high demand of guns due to civil and domestic conflicts or small wars.

 In those countries, the guns are also resold and smuggled, usually to neighbor territories.
• The main suppliers of weapons are, in order, the United States, Russia, China, France Italy and Germany.
• The main receivers of illegal weapon trade are developing nations, especially in Africa, Middle East and Latin America

4.RACKETEERING

• The word “racket” consists of ‘organized criminal activity conducted through some form of business designed to earn money via illegal means’.
• Racketeering is the act of acquiring a business through illegal activity, operating a business with illegally-derived income, or using a business to commit illegal acts.
• Racketeering can take many forms- money laundering, financial and economic crimes, kidnapping, gambling, cyber extortion, and drug crimes are examples of racketeering.
• These crimes involve the operation or use of a business. While the business itself may be legitimate, it may be used to run an illegal scheme. The business may be a “front” for laundering money or other concealed criminal activity.
• Labor racketeering includes the supply of labor from one place to another place, use coercive force against labor, exploitation of labor, low wage rate, torture mentally, physically, and emotionally of labor.
• It means exploitation, and control of a union, employee benefit plan, employer entity, or workforce. Labor racketeering carried out through illegal, fraud, coercive, violent means for profit or personal benefits.

5.GAMBLING

• Gambling is an example of a business that was run and regulated by gangsters with the intent of earning significant profits.
• Gambling typically appeared in the forms of roulette, various card games and perhaps most popularly, betting on horse races.
• Illegal gambling generates significant profits for organized crime networks and is often closely associated with other crimes such as money laundering and corruption
• There are multiple ways that the organized crime enterprise can incorporate gambling.
• The boss or group can use these games to filter money from illegal gains as a way to clean it for the state and federal authorities.
• Money laundering could become the sole purpose and fewer lesser charges may stop the enterprise if local law enforcement becomes aware of illegal gambling.
• However, the business can also become a front to connect various criminal elements to each other to help in committing additional crimes in the future. Making contacts and increasing illegal activity is a possibility of organized crime.

Terrorism – Origin

• comes from the French word terrorisme
• The French word terrorisme (French Revolution) in turn derives from the Latin verb terreō meaning “frighten”.
• originally referred to acts committed by a government or state.
• currently refers to the killing of innocent people for political purposes in such a way as to create a media spectacle
• TheUnited States Department of Defense defines terrorism as
“the calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological.”

Characteristics of Modern Terrorism

• Clear Hierarchy
• Cause/past injustice
• Dedicated, Sane and competent leaderships
• Qualified members
• Financial support
• Committed activist
• Advanced technology and portable weapons
• Democratic government

‘Terrorism’ has a clear hierarchical organization with fairly well-defined command
and control structures.
• Organized like a pyramid, with the leadership, who decide on the overall policy and
plans, at the top.
• This is followed by a larger layer of active terrorists who carry out the attacks and
are often specialized in certain activities such as bomb-making, assassination, or
surveillance.
• On the next level there are the active supporters who supply intelligence, weapons,
supplies, communications, transportation and safe houses.
• At the bottom you have the passive supporters who agree with the goals of the
terrorist organization and spread their ideas and express their emotional support.

Causes of Terrorism

• Political ideology
• Nationalism
• Racism
• Religious fundamentalism
• Monetary gain
• Hate
• Produce widespread fear
• Process of disorientation
• Influence government decisions, legislation, or other critical decisions
• Free prisoners
• Satisfy vengeance

Cyber Terrorism

• Cyber terrorism – a new threat that terrorists might be able to cause via Internet.
• Cyber terrorism: This refers to the convergence of cyberspace and terrorism. It covers politically motivated hacking operations intended to cause grave harm such as loss of life or severe economic damage. An example would be penetrating air traffic control systems to make planes collide.

Features of Cyber terrorism

Conducted remotely and anonymously
 Relatively cheap
 It does not require the handling of explosives or a suicide mission
 It would get extensive media coverage

Legal Codes in India

Indian Penal Code (IPC)

• The Indian Penal Code is the official criminal code of India, which was drafted in 1860.
• It’s objective is to provide a general penal code for the country.
• It has 511 sections across 23 chapters
• It identifies the acts of omissions and commissions that constitute the offences along with their punishments.
• The IPC has been amended several times and is now supplemented by other Acts.
• Its jurisdiction extends to the whole of India except the State of Jammu and Kashmir.

Criminal Procedure Code (1974)

• The Criminal Procedure Code (CrPC) is a procedural law which states how the police machinery is to function as far as investigation and procedure is to be followed by courts during investigation and trial.
• The CrPC classifies criminal offences into several categories such as bailable, nonbailable, cognizable and non-cognizable offences.
• The various steps at the time to filing a complaint such as filing a First Information Report (FIR), gathering evidence and initiating an enquiry are all governed by the CrPC.
• The CrPC further lays down classes of criminal courts.

The Indian Evidence Act ,1872

• Law relating to evidence and applies to all judicial proceedings in any court.
• The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
• According to Section 3 of the Evidence Act 1872, evidence means and includes: All such statements which the court allows or needs to be presented before it by the witnesses in connection to matters of fact under inquiry

  • Crime and Media and other contemporary forms of crimes
    • Media used to publicize, coordinate, and carry out contemporary crimes
    • Social media enables the spreading of propaganda, radicalization
    • Example: Terror groups leverage social media for recruitment and planning attacks

MEDIA

• Wide range of sources of news and entertainment
• Includes TV, radio, newspapers, magazines ,internet
• Mainstream media- easily , inexpensively, and simultaneously accessible to large segments of the population
• Media as a cause of crime
• Media effects research has shown that media violence produces short-term increases in aggression by triggering an automatic inclination toward imitation, enhancing autonomic arousal etc.

MEDIA AS A CAUSE OF CRIME

• Imitation – by providing deviant role models, copycat behaviour results
• Arousal- through viewing violent or sexual imagery
• Desensitization –through repeated viewing of violence
• Transmitting knowledge – criminal techniques
• Stimulating desires – advertising
• Portraying police as incompetent
• Glamorizing offending
• Generating moral panics

 

Unit 3: Psychology of Cyber Criminals

  • Types of Cyber Criminals
  • Modus Operandi of Cyber Criminals
  • Profiling of Cyber Criminals
  • Tools and Techniques Adopted by Cyber Criminals
  • Psychological theories relating to cyber criminals
  • Types of Cyber Criminals
    • Hackers, insiders, scam artists, terrorists, organized crime groups, etc.
    • Varied motivations (ideological, profit, activism, intellectual challenge, etc.)
  • Modus Operandi of Cyber Criminals
    • Target weaknesses in software, hardware, and humans through hacking, social engineering
    • Stay anonymous through malware, encryption, onion routing
    • Coordinate through hidden forums and encrypted chat
  • Profiling of Cyber Criminals
    • Profiles based on motivations, behaviours, victimology
    • Can identify possible suspects to investigate
  • Tools and Techniques Adopted by Cyber Criminals
    • Custom malware, exploits, hacking tools
    • DDoS botnets, spyware
    • Cryptocurrency transactions
  • Psychological Theories
    • Neutralization theory – justifying crimes through rationalization
    • Anonymity and online disinhibition effects

Unit 4: Cyber Crime

  • Sociological and Criminological Perspectives
  • Causes of Cyber Crimes
  • Criminological Theories and Cyber Crime
    • Routine Activity Theory
    • Social Learning Theory
    • Differential Association Theory
    • Differential Opportunity Theory
    • Media and Crime and the latest theories and other related theories
  • Sociological and Criminological Perspectives
    • Examine systemic issues that enable cybercrimes
    • Study demographics/trends in offenders and victims
    • Develop theories to explain cybercriminal behaviour
  • Causes of Cyber Crimes
    • Economic incentives (financial gain, limited risks)
    • Ideological motivations
    • Psychological factors (seeking challenge, validation)
  • Criminological Theories and Cyber Crime
    • Routine activity theory – cybercrime requires a motivated offender, a suitable target, a lack of guardianship
    • Social learning theory – behaviours modelled by online groups
    • Differential association – attitudes/values learned from peers
  • Routine Activity Theory
    • Cybercrime occurs when a motivated hacker encounters vulnerable digital targets without deterrence
  • Social Learning Theory
    • Cybercriminals learn technical skills and motives through online groups
  • Differential Association Theory
    • Peer associations normalize cybercriminal behaviour
  • Differential Opportunity Theory
    • Online anonymity and ubiquitous technology enable cybercrime
  • Media and Crime
    • Internet facilitates radicalization and cybercrimes
    • “Cybercrime as a service” model propagated through forums

Unit 5: The Role of Criminal Justice Administration and Cyber Crimes

  1. a. Police

    • Organizational structure of Police in India
    • Different wings in the States and Districts and their functions
    • Police & Law Enforcement
    • F.I.R. – cognizable and non-cognizable offences, bailable and non-bailable offences
    • Arrest, search, seizure
    • Interrogation of suspects and witnesses
    • Charge sheet
    • Cybercrime cells – structure & investigation of cybercrime cases

  2. b. Judiciary

    • Different types of courts
    • Cyber Appellate Court / Tribunals / Powers
    • Proceedings in the court before trial, after trial, plea of guilty, sentencing

  3. c. The Role of N.G.O.s in the Prevention of Cyber Crimes

  4. d. The Role of Victims of Cyber Crimes in the Criminal Justice Administration

    • Crime Prevention
    • Crime and sense of security
    • Social control and crime prevention
    • Community and crime prevention
    • Contemporary crime prevention strategies

  1. Police

    • Organizational structure
      • Headed by DGP at the state level, SP at the district level
      • DGP > ADGP > IGP > Dy.IGP (Zone) > SP (District) > ASP (Sub-division) > ASP Dy.SP > Inspector (Police Station) > Sub-Inspector > Head Constable > Police Constable
      • Cybercells in major cities/high-tech states
      • Police station is divided into number of beats.
      • States have zones comprising one or more ranges – IGP
      • Group of districts form a range – Dy.IGP
    • Key wings
      • Crime, cybercrime, CID, intelligence, traffic, armed units
    • Functions
      • Law enforcement, investigations, surveillance, counter-cyber attacks
    • Offence Types
      • cognizable – non-bailable – 3 years or more – serious offences – can arrest without warrant – Examples: Murder, Rape, Kidna[pping
      • non-cognizable – bailable – less than 3 years – requires a warrant for arrest – prior approval from the court is necessary – Examples: Forgery, cheating, assault, defamation, etc.
    • FIRs – First Information Report – S.154
      • Not directly defined under CrPC
      • About the commission of cognizable offence, recorded by the SHO
      • Sets the motion
      • official records of cognizable/non-cognizable, bailable/non-bailable offences
      • Does not decide a person’s guilt
      • Justice Verma Committee was constituted to recommend amendments to the Criminal Law to provide for quicker trial and enhanced punishment for criminals after the Nirbhaya case.
      • Zero FIR – a procedural tool allowing victims to file complaints at any police station regardless of the crime’s location.
    • Investigation (S.157)
      • Collection of evidence conducted by the Police Officer, or any other person who is authorised by a Magistrate
      • S.157 CrPC – The procedure of investigation is incorporated.
      • Crime scene
      • Witness statements recorded (S.161/162)
      • Ascertainment of the facts and circumstances
      • Evidence left at the crime scene

    • Arrest (CrPC Sections 41-60):

      • Police can arrest without warrant in cases of cognizable offences
      • The arrested person must be informed of the grounds of arrest
      • Right to consult and be defended by a lawyer upon arrest
      • Police officers can pursue search and seizure per Section 165 CrPC

      Search and Seizure (CrPC Section 165):

      • Search to be conducted with two or more independent witnesses
      • An itemized inventory of items seized to be given to witnesses
      • Copies of seizure records provided to the accused

      Interrogations, Witnesses, Charge Sheets:

      • Interrogations are to be conducted per guidelines without coercion/threats
      • Statements and confessions to be recorded per Section 164
      • Witness statements recorded under Section 161 CrPC
      • On concluding the investigation, police submit the charge sheet listing evidence, charges against the accused
      • Trials proceed based on the filed charge sheet against the accused
      • Outcome of Investigation
        • Closure Report
          • Accept
          • Direct further investigation
          • Issue notice
          • Reject the closure report and take cognizance
        • Final Report – u/s 173 CrPC
          • Will take cognizance
          • Either accept and frame charges or reject and discharge the accused
    • Cybercrime cells
      • Dedicated units under the crime branch
      • Digital forensics, specialized investigations

    • Indian Cyber Appellate Tribunal

      • Established under Section 48 of the Information Technology Act 2000
      • Composition and Qualifications of Chairperson and Members
      • Jurisdiction covers appeals against orders of Controller or Adjudicating Officers under IT Act
      • Powers and functions for inquiry, investigation, summons, evidence collection
      • Key provisions around timelines, procedures, precedence setting
    • Cyber Crime Investigation Agencies
      • Local Police – have jurisdiction under IT Act for cyber crime investigation
      • Police Cyber Cells – specialized units in major city police forces
      • CBI – central agency that takes up major/sensitive cyber crime cases
      • CERT-In – tech assistance/info collection for investigating agencies
    • Search, Seizure & Arrest
      • Sec 79-81 IT Act – provisions for search and arrest without warrant
      • Guidelines around informing designated authority within 12 hours
    • Investigation Stagewise Process
      • Complaint & FIR – filed with local police station, registered under IT Act
      • Secure Crime Scene – isolate affected systems, take images of data
      • Collect & Seize Evidence – make forensic copies of digital evidence
      • Analyze Evidence – use tools to extract relevant system data/logs
      • Record Statements – question complainants, witnesses and suspects
      • Establish Integrity – hash values, logs and detailed documentation
      • Use Forensic Tools & Labs – specialized software and hardware labs
      • File Charge Sheet – submit reconstructed evidence and findings
    • Various Initiatives
    • Indian Cyber Crime Coordination Centre (I4C)
    • Set up under the Ministry of Home Affairs in 2018
        • The central nodal agency for cybercrime investigations
        • Functions: real-time information sharing, forensic support, training, cooperation with agencies
        • National Critical Information Infrastructure Protection Centre (NCIIPC)
        • Established in 2014 under the National Technical Research Organisation
        • Safeguards power, transport, banking, telecom, defense systems
        • Testing infrastructure security, emergency response, threat monitoring
        • Cyber Cells across State Police Forces
        • Special units for cybercrime complaint, registration, investigation
        • Functions: Trace origin of messages/posts, digital forensic analysis
        • Powers: warrantless arrest, search and seizure under IT Act
        • CERT-In
        • Cyber security wing under the Ministry of Electronics and IT
        • Proactive threat detection, security improvement directions
        • Powers to call for information, logs, access to systems/data
        • Data Security Council of India
        • Industry alliance set up by Nasscom and DSCI
        • Initiatives around training, R&D partnerships, thought leadership

  2. Judiciary

    • Court of Judicial Magistrates (less than 3 years), Magistrate Courts (less than 7 years), District & Sessions Courts(more than 7 years), High Courts (Appallete & Writ Jurisdiction), Supreme Court (original and appellate jurisdiction)
    • Special Cyber Appellate Tribunal
    • Trials, sentencing, appeals process
    • Constitutions
      • Articles 143, 226 & 227

  3. NGO Roles

    • Spread awareness and digital literacy
    • Provide counselling/support to victims

  4. Victim Roles

    • Crime reporting and participating in trials
    • Assist awareness campaigns
    • Help test/improve security controls

cyber criminology lesson notes, class notes, study notes for cyber forensics, code of criminal procedure

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