Gautam examines the growing issue of cybercrime against women in India, in two parts, highlighting its severe impacts on their mental, physical, and economic well-being, exclusively for Different Truths.
Cybercrime is a rapidly growing problem in India, with a significant impact on women. Let’s aim to critically examine the nature and extent of cybercrimes committed against women in India, with a focus on the legal framework and enforcement mechanisms in place to address these crimes with special reference to the Information Technology Act, 2000.
It is seen that the most common cybercrimes committed against women in India include online harassment, cyber-stalking, and revenge pornography. These crimes often go unreported due to a lack of awareness about the legal options available to victims and a lack of trust in the law enforcement agencies to effectively investigate and prosecute these crimes.
In some places, it has been found that the current legal framework in India is inadequate to address the unique challenges posed by cybercrimes against women and that there is a need for better training and resources for law enforcement agencies to effectively investigate and prosecute these crimes and there is a need for better training and resources for law enforcement agencies and increased awareness and education for women about the risks and legal protections.
Introduction
In recent years, cyberspace has become an integral part of our daily lives, and with the increasing use of technology, cybercrime has emerged as a significant threat to society.
Cybercrime refers to illegal activities that are carried out using the internet or any digital technology. Cybercrime includes a broad range of offences, from financial fraud to cyberbullying, hacking, and online harassment. Unfortunately, women have been disproportionately affected by cybercrime in India, where cyber offences against women have increased rapidly in recent years. Cybercrime has severe consequences for women in India, both in terms of mental and physical health. With the rise of social media and online platforms, cyberbullying and online harassment have become widespread in India, targeting women, in particular. Women face cyber threats like stalking, identity theft, and revenge pornography, leading to severe mental distress and emotional trauma.
According to a study by the National Commission for Women, 60% of women have experienced cyber harassment, while 26% of them have reported cases of morphed images or videos. Moreover, cybercrime has also had a significant economic impact on women, with many women losing their jobs or experiencing financial losses due to online fraud. Some examples of Cyber Crime are as follows:
- Cyberstalking
- Cyberbullying
- Cyber harassment
- Identity theft
- Breach and violation of privacy/confidentiality
- Voyeurism
Revenge pornography, though falling within the ambit of cyber harassment, is one such cybercrime, which has seen a lot of discussion of late owing to increased instances of non-consensual pornography
Online harassment involves sending threatening or offensive messages or comments on social media platforms, while cyberbullying is the use of technology to harass, humiliate, or intimidate someone.
Online stalking is a pattern of repeated online harassment that involves following, monitoring, or tracking someone’s online activity. Revenge pornography involves the distribution of sexually explicit images or videos without the victim’s consent, while cyber-financial fraud includes online phishing, credit card fraud, and other forms of online financial scams.
The current state of cybersecurity in India is a cause for concern, with India ranking among the top five countries in the world for cybercrime. Despite the government’s efforts to strengthen cybersecurity laws and regulations, there are still significant gaps in implementing cybersecurity measures in India. The lack of awareness and knowledge about cybersecurity among the general public and law enforcement agencies also exacerbates the problem. Moreover, the increasing use of technology and the internet has led to an increase in the number of cybercrimes, making it challenging to address the issue effectively. To deliberate upon the instances and effects of the violations to the body and mind of a woman through cyber crimes, it is to be noticed that Cybercrime against women in India is a growing concern, with severe consequences for women’s mental and physical health, as well as their economic wellbeing.
In this context, I may refer to the case of Supreme Court Women Lawyers Association -VS- The Union of India and Ors. reported in (2016) 3 SCC 680, wherein the Hon’ble Apex Court after taking into consideration the dictum of the Court in “Vishaka Vs The State of Rajasthan, reported in (1997) 6 SCC 241 and Sakshi -VS- The Union of India, reported in (2004) 5 SCC 518 held in reference to the “ International Convention on the Elimination of all Forms of Discrimination against Women” that “….. the international conventions and norms are to be read into them in the absence of enacted Law occupying the field when there is no inconsistency between them. It is now an accepted rule of judicial construction that regard must be had to the international conventions and norms for construing domestic law when there is no inconsistency between them and there is a void in the domestic Law…..”
This principle was reiterated in the case of Manoj Narula -VS- Union of India, reported in (2014) 9 SCC 1, wherein it was observed that the said principle is a progressive one and is applied as a recognised advanced constitutional practice. It has been recognised by the Courts to fill up the gaps in respect to certain areas in the interest of justice and larger public interest…”
In Sakshi (2004) 5 SCC 518, the court dealing with a PIL, took note of various statutory provisions and the constitutional command, referred to the international conventions, as well as the pronouncement in the case of S. Gopal Reddy -VS- State of A.P. reported in (1996) 4 SCC 596 and the report of the Law Commission and opined amongst others that the provisions of subsection (2) of section 327 CrPC shall, in addition to the offences mentioned in the subsection, also apply in the inquiry or trial of offences u/s 354 and 377 IPC;
2. In holding trial for child sex abuse or rape;
(i) Provide a screen or some arrangements where the victim or the witnesses, (who may be equally vulnerable) do not see the body or the face of the accused;
The questions put in cross-examination on behalf of the accused in so far as directly relating to the incident should be given in writing to the Presiding Officer of the Court, who may put them to the victim or the witness in a language which is clear and is not embarrassing;
The victim of child abuse or rape, while giving testimony in Court, should be allowed sufficient breaks as and when required….
Computer Related Offences
Now let me refer to various sections of the IT Act, 2000, which deals with the offences and the punishment for computer related offences as follows:
65. Tampering with computer source documents: Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both. Explanation–For the purposes of this section, ―computer source code‖ means the listing of programmes, computer commands, design and layout and programme analysis of computer resources in any form.
66. 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).
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; (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 purposes of this section, the terms ―electronic mail and ―electronic mail 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. (However, it may be stated here that in the case of Shreya Singhal Vs Union of India, reported in (2015) 5 SCC 1, section 66A was struck down in its entirety as it was held to be in violation and ultra vires to Article 19(1)a of the Constitution of India)
66B. Punishment for dishonestly receiving stolen computer resource or communication device–Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to 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.
66C. Punishment for identity theft–Whoever, fraudulently or dishonestly makes 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 which may extend to rupees one lakh.
66D. Punishment for cheating by personation by using computer resource–Whoever, by means of any communication device or computer resource cheats by personation, 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.
66E. 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, public area, buttocks or female breast:
(d) ―publishes means reproduction in the printed or electronic form and making it available for the public;
(e) ―under circumstances violating privacy means circumstances in which a person can have a reasonable expectation that– (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.
66F. Punishment for cyber terrorism–(1) Whoever,– (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by– (i) denying or cause the denial of access to any person authorised to access computer resource; or (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or (iii) introducing or causing to introduce any computer contaminant, and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70; or (B) knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer data base that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer data base, with reasons to believe that such information, data or computer data base so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism. (2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.
67. 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 embodied 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.
67A. Punishment for publishing or transmitting of material containing the sexually explicit act, etc., in electronic form–Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
67B. Punishment for publishing or transmitting of material depicting children in sexually explicit acts, etc., in electronic form–Whoever–
(a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or
(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or
(c) cultivates, entices or induces children to online relationships with one or more children for and on sexually explicit acts or in a manner that may offend a reasonable adult on the computer resource; or
(d) facilitates abusing children online, or
(e) records in any electronic form own abuse or that of others pertaining to sexually explicit acts with children shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:
Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form–
(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or
(ii) which is kept or used for bona fide heritage or religious purposes. Explanation–For the purposes of this section, ―children means a person who has not completed the age of 18 years.
In view of the seriousness of the offences, and its effect on the public, particularly females and children, there is a need for a comprehensive approach to addressing cybercrime, including increasing public awareness, strengthening cybersecurity laws and regulations, and providing support to victims of cybercrime.
Picture design by Anumita Roy
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