A Challenge Ahead With Special Reference Criminology Essay

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ABSTRACT:

Cyber crime is an evil having its origin in the growing dependence on computers in modern life. In the last two decades or so, the Internet has become increasingly popular for people of all ages. Young kids use it for games and schoolwork, teenagers use it for research and chatting, and adults use it for anything from forums to shopping to work. It is one of the most popular and easily accessible ways for people to meet and interact with one another all over the world. Unfortunately this also comes with the dangers of Internet crime, also commonly referred to as "cyber crime". Cybercrime is a generic term that refers to all criminal activities done using the medium of computers, internet, and cyber space the World Wide Web. The internet in India is growing rapidly. There are two sides to a coin. Internet also has its own disadvantages. One of the major disadvantages is cyber crime illegal activity committed on the internet. Chandigarh is also the hub of cyber activities due to the presence of multinational companies and also the center of all governmental activities is vulnerable to cybercrime. Chandigarh as capital of two States and a union territory has vast number of government and semi government offices and most of these offices are at various state of adopting information technology centers. Chandigarh Police establish cyber crime cell on 13th May 2008 moving a step ahead with technological up gradation. The focus of the cell is on the virtual world of cyber crime that is even on the rise with increasing intricacies of computer technology. Over 700 complaints have been received by the cyber crime cell till now. Jurisdiction is the highly debatable issue in cyber crime investigation cell in Chandigarh. At present there is only one Cyber Crime cell existed Chandigarh. This integration is posing new challenges for all of us in Chandigarh police. In our society computers are being used for criminal behavior in three ways. First, a computer can be the target of an offence. Second, a computer can be used as a tool for committing criminal behavior. And third, a computer can be incidental to an offence, but still significant for our purposes of law enforcement officials. One of the major challenges of Chandigarh police has been facing the cyber space crimes. Cyber technology changes have been so rapid that it has laws are meant to set some rules and guidelines that make the cyber activities legalized.

Keywords: Challenges, Chandigarh Police, Cyber Crime, Cyber Crime Cell.

INTRODUCTION

Every aspect of human life is being touched by information technology. The computers are used for betterment of civic life. Computers are extensively being used for crime detection. Interestingly, Computers are now even being used to repel mosquitoes. Every technology development also has got its flip side too. Information Technology is like a double edged weapon. The traits like speed that made the computer, information technology, internet and world wide web popular, are equally responsible for the misuse of the same in the hands of anti-social elements. Criminal minds are quick to harness the fast easier and cheap medium for their illegal and immoral pursuits. It is a deadliest epidemic face by the world in this millennium. Cyber crime is an umbrella term covering all forms of crime perpetrated with the help of computer networks. Computer Crime, E-Crime, Hi-Tech Crime or Electronic Crime is where a computer is the target of a crime or is the means adopted to commit a crime. Cyber Crime is on the increase, with criminals attempting over 100 attacks every second worldwide. [1] Most of these crimes are not new. Criminal simply devise different ways to undertake standard criminal activities such as fraud, theft, blackmail, forgery, and embezzlement using the new medium, often involving the internet. A modern thief can steal more with a computer than with a gun. Tomorrow's terrorist may be able to do more damage with a keyboard than with a bomb. Cyber technology changes have been so rapid that it has become a difficult issue for law enforcement agencies to keep up with this rapid change.

DEFINITION OF CYBER CRIME

The term 'cyber crime' has not been defined in any Statute or Act. The Oxford Reference Online defines 'cyber crime' as crime committed over the Internet. The Encyclopedia Britannica defines 'cyber crime' as any crime that is committed by means of special knowledge or expert use of computer technology. Cyber Crime could reasonably include a wide variety of criminal offences and activities. A generalized definition of cyber crime may be "unlawful acts wherein the computer is either a tool or target or both".

CBI Manual defines cyber crime as:

(i) Crimes committed by using computers as a means, including conventional crimes.

(ii) Crimes in which computers are targets.

The Information Technology Act, 2000, does not define the term 'cyber crime’. Cyber crime can generally defined as a criminal activity in which information technology systems are the means used for the commission of the crime.

NATURE AND SCOPE OF CYBER CRIME

Cyber crimes are committed through technology, so the criminals are not illiterate persons. They are educated and technical experts having deep understanding of internet and computers. Cyber crime is extremely fast, one can commit it with a click of mouse. The reach of cyber criminals is throughout the world, as Internet technology is not based in geographical boundaries. These crimes are committed in cyberspace all which is an imaginary place. This makes the identification of criminal almost invisible because of the invisibility of cyber criminality and its potential to affect in several countries, which are different from the place of operation of the cyber criminal. In such a crime it is extremely difficult to collect evidence of cyber crime and prove the same in the court of law. It is not like the traditional crimes of murder or theft. In cyber space, theft committed through computers without removing the data or money by technological means. For example, a person can hack the ATM password of another person and thereby causing the transfer of another person's money into his own account. There is no need for hacker to carry the currency notes or an attempt to move mouse from victim's pocket on a street like traditional thief.

TYPES OF CYBER CRIME

Cyber crime is also variously referred to as cyber-crime, e-crime, high-tech crime, white collar crime and electronic crime. Cyber crimes can be basically divided into three major categories; Cyber crime against persons, property, government. [2]

CYBER CRIME AGAINST PERSONS:

Cyber crimes committed against persons include various crimes like transmission of child-pornography, harassment of any one with the use of a computer such as e-mail. The trafficking, distribution, posting, and dissemination of obscene material including pornography and indecent exposure, constitutes one of the most important cyber crimes known today. The potential harm of such a crime to humanity can hardly be amplified. This is one cyber crime which threatens to undermine the growth of the younger generation as also leave irreparable scars and injury on the younger generation, if not controlled. Another example wherein the damage was not done to a person but to the masses is the case of the Melissa virus. The Melissa virus first appeared on the internet in March of 1999. It spread rapidly throughout computer systems in the United States and Europe. It is estimated that the virus caused 80 million dollars in damages to computers worldwide. In the United States alone, the virus made its way through 1.2 million computers in one-fifth of the country's largest businesses. David Smith pleaded guilty on Dec. 9, 1999 to state and federal charges associated with his creation of the Melissa virus. There are numerous examples of such computer viruses few of them being "Melissa" and "love bug". Cyber harassment is a distinct cyber crime. Various kinds of harassment can and do occur in cyberspace, or through the use of cyberspace. Harassment can be sexual, racial, religious, or other. Persons perpetuating such harassment are also guilty of cyber crimes. Cyber harassment as a crime also brings us to another related area of violation of privacy of citizens. Violation of privacy of online citizens is a cyber crime of a grave nature. No one likes any other person invading the invaluable and extremely touchy area of his or her own privacy which the medium of internet grants to the citizen.

CYBER CRIME AGAINST PROPERTY:

The second category of cyber crimes is that of cybercrimes against all forms of property. These crimes include computer vandalism, transmission of harmful programmers. A Mumbai-based upstart engineering company lost a say and much money in the business when the rival company, an industry major, stole the technical database from their computers with the help of a corporate cyber spy.

CYBER CRIME AGAINST GOVERNMENT

The third category of cyber crimes relate to cybercrimes against government. Cyber terrorism is one distinct kind of crime in this category. The growth of internet has shown that the medium of Cyberspace is being used by individuals and groups to threaten the international governments as also to terrorize the citizens of a country. This crime manifests itself into terrorism when an individual "cracks" into a government or military maintained website. It was said that internet was becoming a boon for the terrorist organizations. According to Deputy Director CBI, terrorist outfits are increasingly using internet to communicate and move funds. "Lashker-e-Toiba is collecting contributions online from its sympathizers all over the world. During the investigation of the Red Fort shootout in Dec. 2000, the accused Ashfaq Ahmed of this terrorist group revealed that the militants are making extensive use of the internet to communicate with the operatives and the sympathizers and also using the medium for intra-bank transfer of funds". Cracking is amongst the gravest cyber crimes known till date. It is a dreadful feeling to know that a stranger has broken into your computer systems without your knowledge and consent and has tampered with precious confidential data and information. Coupled with this the actuality is that no computer system in the world is cracking proof. It is unanimously agreed that any and every system in the world can be cracked. The recent denial of service attacks seen over the popular commercial sites like E-bay, Yahoo, Amazon and others are a new category of Cyber-crimes which are slowly emerging as being extremely dangerous. Unauthorized access: Using one's own programming abilities as also various programmers’ with malicious intent to gain unauthorized access to a computer or network are very serious crimes. Similarly, the creation and dissemination of harmful computer programmers’ which do irreparable damage to computer systems is another kind of cyber crime. Software piracy is also another distinct kind of Cyber crime which is perpetuated by many people online who distribute illegal and unauthorized pirated copies of software.

CYBER CRIME LEGISLATION IN INDIA

Information Technology Act, 2000 came into force on 17 October 2000. In the year of December, 2008, the Parliament of India has passed the amendments to the Information Technology Act 2000, which is popularly known as Indian Cyber law. The Information Technology Amendment Act 2008 brings about various changes in the existing Cyber law. [3] While the lawmakers have to be complemented for their appreciable work removing various deficiencies in the Indian Cyber law and making it technologically neutral, yet it appears that there has been a major mismatch between the expectation of the nation and the resultant effect of the amended legislation. The most bizarre and startling aspect of the new amendments is that these amendments seek to make the Indian Cyber law a cyber crime friendly legislation;- a legislation that goes extremely soft on cyber criminals, with a soft heart; a legislation that chooses to encourage cyber criminals by lessening the quantum of punishment accorded to them under the existing law; a legislation that chooses to give far more freedom to cyber criminals than the existing legislation envisages; a legislation which actually paves the way for cyber criminals to wipe out the electronic trails and electronic evidence by granting them bail as a matter of right; a legislation which makes a majority of cybercrimes stipulated under the Information Technology Act as billable offences; a legislation that is likely to pave way for India to become the potential cyber crime capital of the world. A perusal of the said legislation shows that there is hardly any logical or rational reason for adopting such an approach.

Currently, the IT Act, 2000, has provided for punishment for various cyber offences ranging from three years to ten years. These are non-bailable offences where the accused is not entitled to bail as a matter of right. However what amazes the lay reader is that the amendments to the IT Act have gone ahead and reduced the quantum of punishment. Taking a classical case of the offence of online obscenity, Section 67 has reduced the quantum of punishment on first conviction for publishing, transmitting or causing to be published any information in the electronic form, which is lascivious, from the existing five years to three years. Similarly, the amount of punishment for the offence of failure to comply with the directions of the Controller of Certifying Authorities is reduced from three years to two years.

Further it is shocking to find that the offences of hacking, as defined under Section 66 of the existing Information Technology Act, 2000, has been completely deleted from the law book. In fact, the existing language of the under Section 66 has now been substituted by new language. Deleting hacking as a specific defined offence does not appeal to any logic. The cutting of certain elements of the effects of hacking under the existing Section 66 and putting the same under Section 43 make no legal or pragmatic sense. This is all the more so as no person would normally diminish the value and utility of any information residing in a computer resource or affect the same injuriously by any means, with the permission of the owner or any such person who is in charge of the computer, computer system or computer network. At that time when the entire world is going hammer and tongs against cyber crimes and Cyber Criminals, here comes a contrary trend from the Indian legislature. Cyber criminals of the world targeting India or operating in India need not despair. The legislation has now stipulated that cyber crimes punishable with imprisonment of three years shall be bailable offences. Since the majority of cyber crime offences defined under the amended IT Act is punishable with three years, the net effect of all amendments is that a majority of these cybercrimes shall be bailable. In common language, this means that the moment a cybercriminal will be arrested by the police, barring a few offences, in almost all other cyber crimes, he shall be released on bail as a matter of right, by the police, there and then.

Keeping in account human behavior and psychology, it will be but natural to expect that the concerned cyber criminal, once released on bail, will immediately go and evaporate, destroy or delete all electronic traces and trails of his having committed any cyber crime, thus making the job of law enforcement agencies to have cyber crime convictions, a near impossibility. The fertile liberal treatment meted out to cyber criminals, by the new IT Act amendments, facilitating the environment where they can tamper with, destroy and delete electronic evidence, is likely to make a mockery of the process of law and would put the law enforcement agencies under extreme pressure. In the 13-odd years since internet has been commercially introduced in our country, India has got only three cyber crime convictions. I believe if the new amendments come into force, India is likely to see a drought of cyber crime convictions. Another major change that the new amendments have done is that cyber crimes in India shall now be investigated not by a Deputy Superintendent of Police, as under the existing law, but shall now be done by a low level police inspector. So, all of us need to remember that henceforth, your local police inspector is going to be your next point of contact, the moment you are a victim of any cyber crime. The efficacy of such an approach is hardly likely to withstand the test of time, given the current non- exposure and lack of training of Inspector level police officers to cyber crimes, their detection, investigation and prosecution.

Given this new development, it is probable that the concept of e-hafta (or electronic hafta” is likely to be far more reinforced and developed as an institutional practice. This is so as the law has now produced more powers to the inspector than ever before, regarding cybercrimes. The expectations of the nation for effectively tackling cyber crime and stringently punishing cyber criminals have all been let down by the extremely liberal amendments, given their soft corner and indulgence for cyber criminals. All in all, given the glaring loopholes as detailed above, the new IT Act Amendments are likely to adversely impact corporate India and all users of computers, computer systems and computer networks, as also data and information in the electronic form. [4]

CYBER CRIME: CHALLENGE AHEAD SPECIAL REFERENCE TO CHANDIGARH POLICE

India profile and wealth have risen enormously in the world due to the constructive use of Information Technology. At the same time, India ranks second in the world for cyber crime, according to a report last year by the U.S. based internet crime complaint centre, a partnership between the Federal Bureau of Investigations (FBI) and the National white collar crime center. Cyber Crime has been rising at more than 50 percent per year. [5] A striking example of such crime is the attack on computers in the Indian prime minister's office by Chinese hackers last December. Investigators are still coming to terms with the extent of damage caused by that Attack, as the hacker has targeted the cream of India's national security setup. We have entered the information Age, where information technologies have been integrated into virtually every aspect of business and society. Cyber crime is a generic term that refers to all criminal activities done using the medium of computers, the Internet, cyber space and World Wide Web. The applicability and effectiveness of our existing laws need to be constantly reviewed to face the risk coming from the cyber world.

Cyberspace does not recognize geographical boundaries. This has proved a boon to the delinquents who perform illegal activities on the internet why any fear of being identified or located. Lack of knowledge of actual working of internet on the part of law enforcement agencies further complicates the manner. The cyber crime challenges have various classified as:

CYBER CRIME INVESTIGATION CHALLENGES

The law enforcement agencies were bound by some ground rules before the evolution of cyber crimes. There were established procedures for investigation and prosecution of all types of crimes. [6] In case of traditional crimes, large number of physical evidence is generally available at the scene of crime. Collection of such physical evidence required a lot of common sense and a little technical knowledge. Forensic help could also be provided since laboratory examination procedures are fully established. The crime scene is also confined to a relatively smaller place.

Today, with the advancement of technology, crimes have become more complex and criminals more sophisticated as their modus operandi is incomparable to the traditional investigation methods information technology provides an opportunity to the criminals to commit traditional crimes like cheating fraud, theft, credit card frauds, embezzlement of bank deposits, industrial and political espionage, cyber terrorism etc. and at the same time it helps in committing non-traditional and information technology related crimes like attacks against the security of critical infrastructure like telecommunication, banking, and on emergency services. Such crimes may be committed through computer networks across the national borders, affecting not only individuals, but they may instead result in compromising the security and the economy of the nation. In this information technology age the criminal investigation procedures require radical changes to handle the errant computer users effectively. Today, the crime investigators are faced with the problem of collection of appropriate evidence in computer storage media and data communication system. It requires a cohesive well trained and well equipped force of investigators operating and co-coordinating at national and international levels. This change in crime scenario would also necessitate major changes in the related forensic procedure as well as in the outlook of judiciary. Present era of fast changing technologies will soon detail the criminal justice system and make the whole exercise futile, if appropriate steps are not taken urgently.

CYBER CRIME JURISDICTIONAL CHALLENGES

Cyber crimes are crimes truly which have no boundary. Information technology has turned the world into a global village. The advent of Internet has put everyone within the reach of other. The cyber criminals have little regard for national or local jurisdictions. Section 75 of the Information Technology Act (ITA) is Indian answer to jurisdictional blues. This section extends the influence of I.T Act, 2000 over the entire world keeping in view the nature of cyber crimes. So the nationality of criminal, place of perpetration of the crime, the place of effect of crime or nationality of the target or victim is immaterial. However, the problem is not as simple as it appears. The difficulty arises in implementing extra-territorial jurisdiction. The problem will arise as to actual conducting of investigation and trial. The procedure also involves a request by the court of one country to its counterpart in another. The first point is how far the nations are willing to help one another. The second part of section 75 has potential to create problems. As an act that overseas may have no connection in India except the use of some remote computer resource located here. This, which is quite common in internet relations, may be brought within the purview of our laws. How it is justifiable to start criminal proceedings against a foreigner who has not committed any act on Indian Territory. It is submitted that jurisdiction of IT Act shall not extend to those cases where the accused and victims are foreigners and the offence is committed outside the territory of India.

CYBER CRIME LEGAL CHALLENGES

Cyber crimes have become a global menace and is no longer the problem affecting only the developed countries. Therefore, all the nations should treat this menace seriously. There is no universally accepted definition of cyber crime. The cyber crime in a country may not be termed as a cyber crime in another. There are only 19 countries that have cyber crime laws. [7] This puts enormous pressure on the law enforcement agencies in obtaining international co-operation. The absence of such laws is like shielding the criminals from the legal provisions and providing them safe haven to continue with their evil deeds. Further, the rate at which cyber crimes are increasing in the world, it is necessary for the criminal justice to demonstrate that quick and severe punishment would be awarded to those involved in such criminal activities.

CYBER CRIME TECHNICAL CHALLENGES

Cyber Crime Technical challenges of thwarted the efforts of law enforcement agencies ability to catch and prosecute on-line offenders.

LOCATING AND SECURING RELEVENT MATERIAL

Considerable difficulties arise in locating and securing electronic evidences the more act of switching on or off a computer may alter critical evidence and associated time and date records. It is also necessary to search through vast quantities of data in order to locate the information being sought.[8] Today's cyber investigators are faced with many problems because digital evidence is highly fragile, bits are easier to temper than paper, can easily be altered, manipulated and destroyed.

PROBLEM OF ENCRYPTION

A difficult problem faced by cyber crime investigators is concerning the data that have been encrypted by accused who refuse to provide the decryption key or password. In order to decrypt data one method is to install a key logging program onto a computer that will capture the password used for decryption. [9] The installation of such a program of course must be done without the knowledge of the accused. This may cause legal complication such as it amounts to interference with right to privacy, and a special warrant needs to be obtained for this.

BRIEF INTRODUCTION OF CHANDIGARH

Chandigarh is one of the best planned cities in India. It has a unique place in the world in term of architecture and town planning. The city is located in picturesque settings with the ragged skyline of Shivalik hills as its back drop. Chandigarh Union Territory came into existence on November 1, 1966. It is the capital of both Punjab and Haryana. The Union Territory of Chandigarh is known throughout the world for its excellent architecture and planning. The 'City Beautiful' boasts of broad roads that are flanked by beautiful landscapes and greens belts. The city has the highest per capita income in the country as also the highest per vehicle ownership. The city is fast emerging as information technology hub for the northern region and is being labeled as one of the fastest emerging metros. The bourgeoning population and the increasing vehicular congestion, however, have placed tremendous pressure on the system of management of law and order, this one of the problem cyber crime, and other related areas.

CYBER CRIME INVESTIGATION CELL IN CHANDIGARH

Chandigarh Police established Cyber Crime Investigation Cell on 13th May 2008 moving a step ahead with technological up gradation. The Cyber Crime Investigation Cell is in Crime Branch in Sector 11, Chandigarh. [10] The focus of the cell is on the virtual world of cyber crime that is even on the rise with increasing intricacies of computer technology. The Cyber Crime Investigation Cell is headed by an officer of the rank of an Inspector. The Inspector is assisted by a two Sub-Inspector, two Head constables and a Constable. There are only seven police official in Cyber Crime Investigation Cell, Chandigarh. There is lack of manpower in the cell as only seven police official are employed and they have also lack of technical skills. It will be a huge problem for a city like Chandigarh.

A total case of cases/complaints registered in the cell is given in the Table No. 1

Table No.1 Number of cases/complaints registered from 2008 to 2011

Year

Number of Cases/Complaint Register

2008

50

2009

157

2010

292

2011

350

Total

849

Source: Cyber Crime Investigation Cell, Chandigarh.

In 2008 itself a total of fifty cases have been register under the purview of cyber crime. The other crime included hundred of fake IDs created in social network websites mainly facebook, orkut and twitter. The cyber crime cell received around over 157 complaints in this year 2009. As per the incidents in past many years, increased internet transactions have lead to a rise in cyber crime in the city. The cyber crime mainly comprises of sending of fraud emails of SMSes regarding winning of Lottery or money to various people. The year 2010 number of 292 such complaints received the cell. In 2011 as many 350 cases were reported. The reports are mainly fake profiles, credit card fraud and others.

CHANDIGARH POLICE HI-TECH TO DEAL CYBER CRIME

The Chandigarh police are now using advanced to combat cyber crime. There are among the latest gadgets acquired by the Chandigarh police to tackle cyber crime. The Crime Branch and Cyber Crime Cell of the Chandigarh Police are using advanced technology of Cell Dek and Portable Forensic Lab (PFL) machine to combat rising crimes. The Cell Dek machine can retrieve the call details of dialed numbers, received and missed call from a mobile. Even the sent and received messages can be retrieved in three to six minutes depending on the data. If an accused deleted the record from the mobile memory, Cell Dek can easily recover all the details reports. The police also have a PFL machine that can retrieve the data from any suspected drives and hard disks.

FINDING OF THE STUDY

The study of Cyber Crime: Challenges ahead with special reference to Chandigarh Police has highlighted the following major finding.

The Information Technology Act has been prepared with the objective of controlling and regulating cyberspace but has it really done so. As we have seen earlier the Act, though enacted with very good intensions, have many inherent grey areas, which have provided the cyber criminal loopholes to circumvent its provisions.

Though a beginning has been made by the enactment of Information Technology Act 2000 and amendments in 2008 made to Indian Penal Code, problems associated with Cyber Crime Continue to persist.

One of the greatest lacunae in the field of Cyber Crime is the absence of comprehensive law anywhere in the world.

Jurisdiction is the highly debatable issues as to the maintainability of any Suits, Which has been field, today with the growing arms of Cyber space the territorial boundaries, seem to vanish.

Under the Information Technology Act 2000, the relevant officer entitled to investigate a Cyber Crime is Inspector of Police, but most inspectors are not well equipped to fight Cyber Crime.

At present Cyber Crime cell existed only Sector-11 in Chandigarh. The General Police remained the primary agency for taking charge of Cyber Crime investigation cell.

The Cyber Crime investigation cell not adequate Staff. The Staff are number very less than Compare to Chandigarh population.

The Cyber Crime investigation cell large number of cases pending. Its main cause police official not special Training of cyber laws, Digital evidence..

Most people in Chandigarh are not to report Cyber Crimes to the law enforcement agency because they fear it might invite a lot of harassment.

Law Enforcement agencies are ineffective in cyberspace. The law enforcement agencies have been facing tremendous problem while trying to cope with the challenges of emerging cyber crime.

Cyber Crime cell police are not providing the Cyber Crime awareness activity in Chandigarh.

There are not systematic researches in this field Cyber Crime in Chandigarh.

In the light of findings of the study the following suggestion have been put forth to improve strengthen Chandigarh Police control and tackling cyber crime.

SUGGESTION:

Due to extra ordinary growth of internet users, the online cyber frauds have also increased likewise. Now you can report such matters at 1800 209 6789, this is the Indian cyber crime tool-free number to report online frauds.

They must be essential for the effective implementation of Information Technology Act 2000.

Cyber law is a need for dedicated continuous updating training of the law enforcement agencies.

The different countries have different laws but we need to work together to create a global because the internet is global.

Proper legal jurisdiction to adjudicate on the matter of cyber crime. An International Treaty providing uniform rules applicable to Cyber Crime, jurisdiction of courts, enforcement of arbitration awards and foreign judgments need to be adopted. A beginning has to be made for the concept of universal cyber law.

The Cyber Crime investigation cell at Sector 11 has been handling the load of all the Cyber Crime cases. Cyber crime investigation Cell police official should be increase.

Active coordination between police and other law enforcement agencies and authorities is required.

Police Officer should be properly trained in Information Technology Act 2000, because it is the main instrument in the hands of Police department under which they can arrest the offender.

A Cyber Crime investigation cell should be established at every Police Station. Where Cyber crime can be reported round the clock on line facility should be provided here to report the cases. Expert Police officer should be posted here for the investigation of cases.

Computer knowledge should be made compulsory for the selection in Police department. Refresher courses should be organized for the Police personal by which they can update their knowledge.

The collection of evidence by law enforcement agencies include the following impounding the computer of the suspect is the best for an investigator of the Cyber Crime, which is likely to contain the critical evidence. In a cyber Crime the procedures and processes for search and Seizure have to be different. The investigation has to capture intangible information. The investigator has to convince the court on the authenticity of the information so gathered.

People need to be encouraged to report the matter to the law enforcement agencies with full confidence and trust and without the fear of being harassed.

Government should be provided the adequate fund for improve the Cyber Crime investigation cell.

Government should be encouraging the research in this field of cyber crime.

CONCLUSION:

Founding fathers of Internet wanted it to be a boon to the whole world and it is upon to keep this tool of modernization as a boon and not make it a bane to the society. Law enforcement must seek ways to keep the drawbacks from over, shadowing the great promise of the computer age. Cyber crime is a menace that has to be tackled effectively not only by the official but also by the users by co-operating with the law. From the above it is assessed that cyber crime are still in infancy and the people generally are not much prepared to take the challenges head on. Even the police are not yet equipped to tackle the burgeoning menace of cyber crime. The need therefore, is to create awareness among all walks of life where cyber space is used about not only various forms of crime on cyberspace but also the legal remedies and preventive measures. Unless serious steps are taken on the issue, no matter how effective legal measures are taken the result will not be as good as it can be with wide and effective awareness of all the issues involved in cyberspace and cyber crime. The provision provided under Section-80 of the Information Technology (Amendment) Act, 2008, if properly implemented can bring drastic changes against the prevention of cyber crime. Prevention is always better than cure. It is always better to take certain precaution while operating the net. A should make them his part of cyber life. Certain precautionary measures should be taken by netizens while using the internet which will assist in challenging this major threat Cyber Crime. I suggest the 5P mantra for online security: Precaution, Prevention, Protection, Preservation and Perseverance. It is hoped that if the above suggestions are implemented the crime may be controlled though may not be totally wiped out.

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