As per NITI Aayog Report by 2020 India will going to have 730 million internet users. As per other resources India stands at third position in terms of total netizen in the world. Majority of the cyber catastrophe or incidence of breach results from hacking. Hence the billion-dollar Cyber security industry is actually the brain-child of the hackers, be it ethical or unethical. Is it not to create a problem, find a solution and get a promotion? One might disagree with me, but it is my own humble opinion.
The hygiene of the cyber or virtual ecosystem is in the hands of the hackers be it for creating hazards or disinfect the hazards. Especially in this lockdown period, where the number of Cyber crimes is skyrocketing and which has been supported by the recent INTERPOL report, issuing purple notice to its various member countries.
The relevant laws in India on hacking are as follows:
1) Section 43, 43A of Information Technology Act, 2000 for contravention wherein if you are a victim you can have your relief for upto rupees 5 Crore before Cyber Adjudicator, and
2) Section 66 and 72A Information Technology Act, 2000 for offences wherein if you are a victim you can have your relief before your nearest competent Criminal Court.
Hacker and Cracker (ethical or unethical):
Indian Court In Abhinav vs. State of Haryana, Cr. Misc. No. 9245 of 2008, has defined the term “Hacker” and “Cracker” and made distinction between “ Hacker” and “ “Cracker” on the yardstick of mens rea or intention or motive in adjudicating the offence of hacking. Section 66 of Information Technology Act also supports this view as civil contravention of section 43 of Information Technology Act will be converted into criminal activity if the offender has fraudulent or dishonest motive. This concept of mens of rea in hacking will get further support in a foreign judgement (in DPP vs. Bignell (1998)), wherein the Court observed that mere access to any computer resources is not an offence.
Let me continue with the issue relating to hacking …………………………in the next part of this article…….
(Everything written in this article are the personal opinion, which someone may agree or disagree)
As always, I educate myself from your write ups. Awaiting next part. All regards.
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