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In this article i will explain :
- What actually is a computer crime or cyber crime
- Types of computer crime
- List of different type of laws for cyber crime in India to overcome cyber cases.
- Different type of threats to computer from internet or hackers or viruses.
Alternatively computer crime or cyber crime is an act commonly performed by a knowledgeable computer user, sometimes referred to as a hacker that illegally browses or steals a company's or individual's private information. In some cases, this individual or group of individuals may be malicious and destroy or otherwise corrupt the computer or data files.
In the era of computer "viruses" and spying by "hacking", computer security is a topic of concern in the field of computer ethics. Computer crime (Cyber Crime) can be looked into from five different aspects :
- Privacy and confidentiality
- Integrity - Ensuring that data and programs are not modified without proper authority
- Unimpaired service
- Consistency : Ensuring that data and behaviour we see today will be the same tommorow.
- Controlling access to resources.
Malicious kinds of software or programmed threats provide a significant challenge to computer security. These include "viruses" which cannot run on their own but are inserted into other computer programs. "Worms" are software that are programmed to move from machine to machine across networks and could consist of parts of themselves running on different machines; "Trojan horses" are programs which tend to appear as a sort of program but actually end up doing damage behind the scenes; "logic bombs" check for particular favourable conditions and then execute when such conditions arise and "bacteria" or "rabbits" are programs which are programmed to multiply rapidly nod fill up the computer's memory.
Computer crimes are normally commited by personnel who have the permission to use system. An "hacker" is one who enters the system without organization. It is done to steal data, commit vandalism or merely explore the system to see how it works and see what is contained. However every act of hacking is harmful as it involves the unauthorized entry into a system thus in fact trespassing into a perons's private domain. Even if the hacker did indeed make no changes, a computer's owner must run through a costly and time-consuming investigation of the compromised system. There are so many laws has been made to maintain the security in the cyber world:
Cyber Laws in India
The following provisions of the Indian Companies Act, 1956 provide that the Members or the Directors/officers of a company will be personally liable if:
A company carries on business for more than six months after the number of its members has been reduced below seven in the case of a public company and two in the case of a private company. Every person who was a member of the company during the time when it carried on business after those six months and who was aware of this fact, shall be severally liable for all debts contracted after six months,
The application money of those applicants to whom no shares has been allotted is not repaid within 130 days of the date of issue of the prospectus, then the Directors shall be jointly and severally liable to repay that money with the prescribed interest ,
an officer of the company or any other person acts on its behalf and enters into a contract or signs a negotiable instrument without fully writing the name of the company, then such officer or person shall be personally liable,
The court refuses to treat the subsidiary company as a separate entity and instead treat it as only a branch of the holding company,
In the course of winding up of the company, it appears that the business of the company has been carried on with intent to defraud the creditors of the company or any other person or for any fraudulent purpose, al those who were aware of such fraud shall be personally liable without any limitation of liability.
Moreover, Indian Information Technology Act of 2000 provides for further personal liabilities. For example, Section 85(1) of the IT Act provides that where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made there under is a Company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.
The proviso to section 85 (1) provides that such person will not be liable for punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.
Section 85(2) of the IT Act provides that where a contravention of any of the provisions of this Act or of any rule, direction or order made there under has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.
The explanation to section 85 provides that the expressions “company” means any body corporate and includes a firm or other association of individuals and the expression "director", in relation to a firm, means a partner in the firm.
All the Indian companies and all foreign companies doing business in India, either directly or indirectly, should comply with this law.