Women’s Rights Against CyberCrime In India In The Wake Of Covid-19
Its been over a year since the global pandemic began we’re all familiar with how the new normal looks and feels like staying at home and video calling with friends and relatives and using the internet all day long. However with this comes the excessive use of social media by the youth of the country. They use it for a wide range of purposes including work, education, shopping, entertainment and other requirements.
Excessive use of social media has a direct impact on cybercrime against women in the country. People are forming relationships online when they are on lockdown and there have been reports of sextortion. Akancha Foundation an organization that works for the education and empowerment of people by imparting knowledge on cyber safety received a total of 412 genuine complaints of cyber abuse in the month of april 2020 itself when the nationwide lockdown began as a result the question arises as to what rights women have India when it comes to cybercrime?
So examining the current legal provisions that can be used to deal with events like sharing of obscene or morphed photos and videos becomes essential. An examination of the sections of various acts that may apply to these offences will be beneficial in understanding the application of the laws many cases involving cybercrime against women are covered by sections 66E,67,67A and 67B of the It Act as well as sections 354D,465,471,499,500 and 509 of the Indian Penal Code. In addition, if the girl is a minor section 14 and 15 of the Protection of Children from Sexual Offences (POSCO) Act 2012 apply.
(Section 66E in the Information Technology Act 2000)
This section talks about the capturing, publishing or transmitting the image of a person’s private area without their consent in circumstances violating that person’s privacy the person is punishable by imprisonment up to three years or a fine of up two 2 lakh rupess or both. The right to privacy was declared a fundamental right in the landmark case of Justice K.S. Puttaswamy (Retd) and Anr V Union of India and Ors. the right to privacy under the right to life in part (iii) of the Indian Constitution.
(Section 67 in the Information Technology Act 2000)
This section covers transmitting or publishing of obscene material in electronic form obscene material is herein described as any material which is lascivious or appeals to the prurient interest or if its effect in such as to tend to deprave and corrupt persons the first conviction carries a sentence of up to three years in prison and a fine up to to five lakh rupees with subsequent convictions carrying a sentence of up to five years in prison and a fine of up to ten lakh rupees.
(Section 67A in the Information Technology Act 2000)
This section deals with the publishing or transmitting of material containing sexually explicit act etc in electronic form. The first convictions carries a sentence of up to five years in prison and a fine of up to 10 lakh rupees with subsequent convictions carrying a sentence of up to seven years in prison and a fine up to 10 lakh rupees.
(Section 67B in the Information Technology Act 2000)
This section deals with publishing or transmitting of material depicting children in sexually explicit act etc in electronic form. The first conviction carries a sentence of up five years in prison and a fine of up to 10 lakh rupees with a subsequent conviction carrying a sentence of up to seven years in prison and fine of up to 10lakh rupees
(Section 354D in the Indian Penal Code 1860)
This section deals with stalking. Cyberstalking is when a person a group of individuals or an entity uses information and communication technologies to threaten one or more people. Cyberstalking is an online threat in which the victim and the cyberstalker have no clear connection. About 75 percent of the victims are thought to be women. Sexual abuse an obsession with passion, vengeance and hatred and ego and power trips are all key motivators. Stalking is a criminal offence punishable by up to three years in jail and a fine under section 354D of the Indian Penal Code.
(Section 463,465 % 471 in the Indian Penal Code 1860)
Section 463 deals with forgery whoever makes any false documents or false electronic record or part of a document or electronic record with intent to cause damage or injury commits forgery. Forgery is punishable by either imprisonment of any description for a period up to two years a fine or both section 471 also punishes the use of forged documents or electronic records as authentic and it is punishable in the same way as forging a document.
(Section 499 & 500 in the Indian Penal Code 1860)
Section 499 of the Indian Penal Code prohibits making or publishing allegedly defamatory remarks about an individual in the form of other words writing or visible representation with the intent to damage the persons reputation as a result men’s motivation to damage someone’s reputation is a pre-requisite for an offence under this clause. If the victims so desire they may bring case under this clause. Defamation is punishable under section 500 IPC by simple imprisonment for a period of upto years a fine or both.
(Where Can I File Complaint)
A individual who has been victimized by cyber defamation can file a complaint with the cyber crime investigation cell. The criminal investigation department’s cyber crime investigation cell is a division of the department (CID) many cities have developed cyber crime investigation cells. Offences involving computers, computer network, computer resources, computer systems, computer devices s and the internet are investigated by the cyber crime investigation cells. It also has the authority to investigate such high tech crimes and several states have now made arrangements for the filing of E-FIR
