There are 2 Essential elements of cyber crime in context of criminal law which needs to be prove before giving any judgement beyond any reasonable doubt.
- Actus Rea: it is a very challenging to prove this doctrine of actus rea in cyber crime cases because there is very less probability that a criminal or hacker would leave any prints or marks after committing a crime, and moreover they are not in physical form.Movement of computer by human may be considered as either they are trying to do something, or breaching or accessing any data from a sstem outside or inside the premises and the command which is used to breach into a system jumps through many systems and commands, so it could be proved, but not 100% surety.
- Mens rea : this element could e of somewhat use as one needs to prove the mental ability of committing such crime of breaching, but it is also difficult as not everyone shows their ability to do breached access or hacking.
2 main ingredients are applied:
- Access which they are trying to breach should be unauthorized
- Hacker is known to the access and the area.
So, these two things are considered to get the criminals, but nowadays, it’s not easy t convict them with only on these categories, because they too have grown out to be smart to fool.
Computer crimes can be broadly classified into two:
2.computer as a tool in cyber crime: it encircles wide range of activities such as criminal offences and unlawful activities related to computers , it is an unlawful act and reflects modification of a conventional crime with the help of information technology and modern communication tools. People can access to various sites and breach the contents and privacy of individuals by attacking their computers, phones etc.
We came up with information Technology Act to safeguard the rights of indviduals
By using computer as a toll they do;
- Cyber defamation: attackers attack the good will , reputation or identity of people and posts them online, but nowadays it is normal because everytime when we open Instagram, facebook there always exists such videos nd photographs which could hurt anyone’s sentiments. They posts in newspapers, posters, social media accounts etc.
- Digital forgery: they makes up fake documents which are not genuine and uses them to trick citizens. Section 91 of IT act entails about it.
- Cyber pornography : this is different from the pron sites but a fefamed one, where people posts intimate moments online and sometimes with intention too. This is a henious crime and mostly covers students of age 18-25.
- Cyber stalking/harassement: people harass and stalk individuals with te intention of hurting them. It involves harassing and later blackmailing. Nowadays, we see any cases related to cyber stalking and harassement .
- Internet frauds and financial crimes: people make fake business websites and applications later tricks people to give money and then ran off. Like work from home, auction and retail schemes, identity theft and frauds, credit card fraud , online investment schemes, market manipulation schemes, online gambling fake sites. These all are covered under it.
- Sale of illegal articles.
- Computer as a target: in any cyber crime activity computer is used bot as a tool and target to commit offences , because evn if we are doing activity with the help of any chip, devise, mobile phone, they come under the category of communication tools only with advanced features.
Crimes ould be committed by breaching the network or attacking trough any device, like sending malwares, viruses, messages etc.
Hacking is done by breaching the network of the area, and attacking a certain system and getting unauthorized access to it,
People send viruses, worms, trojan horses and logic bombs into the network which if comes into contact with any of the system gives them access and rest the whole data. We have certain malware like recently google chrome bug is affecting the systems, Blackrock a dangerous virus which is allowing the attackers to get access into our phones and breach our privacy, recently happened Twitter attack where they affected the network and change the passwords of the accounts.
Theft of internet hours where people are using someone else’s internet service without asking it, whether it was open or they breached into the system.
Salami attacks: a friendly person injects a certain code into the system which later exposes the whole data of all the area, for example in offices, universities, etc.
Data diddling: attacker alters the raw data before it is being processed by computer and then later changes it into a deadly form or the systems which would eat up.
Steganography: it is a very common practice where the data is hidden/decoded into certain pictures, audio, songs and later receiver encodes it and gets the information
E-mail spanning: Viruses or messages send into e-mails of the people with the intention of getting their bank details and personal information.