Cyber Crimes against Women: Legal Precautions the Government Should Enforce in India
Keywords:
cybercrime, women, internet, government, defamation, social media, technology, threats, victim, offenceAbstract
In this modern era the crimes against women are at peak of it. The crime done against women can be in many ways, it can be physical, or it can be on internet (cyber). The crime rates are more on internet (cyber) then physically, which affects the whole family of a woman and the woman herself, and which leads to lots of miss happenings. In India the crime rate physically and on internet (cyber) has become more comparing to the earlier times. To which the government should pass and enforce strict laws and the government should stick to it.
Crimes against Women in India
Crime head
Crime incidence
Crime rate
2014
2015
2016
2014
2015
2016
Total crime against women
3,39,457
3,29,243
3,38,954
56.6
54.6
55.2
It is a record by the National Crime Records Bureau Ministry of Home Affairs where it is been seen that the crime against women has gradually increased in subsequent years.
A Cybercrimes in India
Crime head
Crime incidence
Percentage Variation
2014
2015
2016
2014–2015
2015–2016
Total cyber crime
9,622
11,592
12,317
20.5%
6.3%
Here is another record by National Crime Records Bureau Ministry of Home Affairs where it is seen that the cybercrimes have also increased year to year.
This paper is going to deal with the cybercrimes against women and would provide LEGAL suggestions to stop the cybercrimes against women and will help to stop many cybercrimes overall.
References
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7. Punishment for publishing or transmitting obscene material in electronic form. - Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodie d in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
8. 66A Punishment for sending offensive messages through communication service, etc. -Any person who sends, by means of a computer resource or a communication device,-(a) any information that is grossly offensive or has menacing character; or (b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; or (c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine. Explanation. For the purpose of this section, terms “electronic mail ” and “electronic m ail message ” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.
9. Punishment for dishonestly receiving stolen computer resource or communication device. -Whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to NJCSL (2020) 24–30 © Law Journals 2020. All Rights Reserved Page 30 believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.
10. Punishment for identity theft. -Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh.
11. Punishment for cheating by personation by using computer resource. -Whoever, by means for any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.
12. Punishment for violation of privacy. - Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Explanation. -For the purposes of this section- (a)”transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; (b)”capture”, with respect to an image, means to videotape, photograph, film or record by any means; (c)”private area ” means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d)”publishes” means reproduction in the printed or electronic form and making it available for public; 9e) “under circumstances violating privac y” means circumstances in which a person can have a reasonable expectation that; -he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or any part of his or her private area would not be visible t o the public, regardless of whether that person is in a public or private place.
13. Computer related offences. -If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. Explanation. -For the purposes of this section, -(a) the word “dishonestly” shall have the meaning assigned to it in section 24 of the Indian Penal Code (45 of 1860); (b) the word “fraudulently” shall have the meaning assigned to it in section 25 of the Indian Penal Code (45 of 1860).
14. Available at <https://shodhganga.inflibnet. ac.in/bitstream/10603/188821/10/8%20ch apter%206.pdf> last visited on 19/03/2019
15. Available at< https://itforchange.net/e- vaw/wp-content/uploads/2018/01/Molly_ Ghosh.pdf> last visited on19/03/2019 Cite this Article Pritam Mirdha, Md. Umar Faiz . Cyber Crimes against Women: Legal Precautions the Government Should Enforce in India . 2020; 3(1): 24–30p.
