CYBERCRIMES AGAINST WOMEN

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                Cybercrime against women in India

 

                                               

                                               Written By:

                                                       Babita Pandey

                                                       1st year L.L.B

                                  VPM’S T.M.C Law College, Thane, Maharashtra.

 

                                               Edited By:

                                            Poojitha Polichetty

                                         3rd year BA.L.LB(Gen)

                               DR. Ambedkar Global Law Institute, Tirupati.

 

 

INTRODUCTION:

 

In India, with the increase in the use of technology, there is an increase in cybercrime. Cybercrime and exploitation of women are rising and this is a danger to an individual’s overall security.

According to the data published by NCRB, there is a spike in cases of cybercrime against women between 2018 to 2020. It has increased by 110% to 6,380 from 3,076.

Cybercrime is any kind of criminal activity done with the help of technology like the internet, smartphone laptop, computer, etc. Motives of such crimes can be gender-based targeting, sexual exploitation, vengeance, etc. Such crimes happen over the web. The perpetrator of such crimes uses a screen as a shield, they need not contact the victim physically or reveal their identity. There was no law before 2013 relating to cyber harassment or cyber crime against women, this was brought into the ambit of The Indian Penal code by way of an amendment.

 


 

 Kinds of cyber crime committed against women:

 

·      Cyberstalking: 
Cyberstalking is when a person follows the internet activity of the victim and makes repeated use of electronic media to harass, for example, by threatening via email. The perpetrator could be on the other side of the world or the person next door. women are stalked by men on the internet. With the availability of enormous personal data over the internet, it is easy to locate the victim and harass her.

·      Catfishing:
Catfishing is an act of creating a false identity to defraud a person or steal the victim’s identity and personal information.

 

Section 354D of the IPC [Indian penal code]- This section of the IPC deals with stalking. It is a bailable and cognizable offense, Maximum punishment for Stalking is up to 3 years, and shall also be liable to a fine on the first conviction. On second or subsequent conviction the term may extend to 5 years and shall also be liable to a fine.

 

Under section 67 of the IT act, if a person sends photos or posts or any obscene content via electronic media, then the person will be liable to be punished with imprisonment of 3 years and a fine up to 5 lakhs. On subsequent conviction, the term may extend to 5 years and a fine of up to 10 lakhs. In case the perpetrator tries to defame the victim, defamation charges under IPC section 500 can be applied, which has simple imprisonment of 2 years, a fine, or both.

 

·      Voyeurism:
Voyeurism can be explained as an attraction to watch unsuspecting people while they are unclothed or involved in an activity of physical intimacy. In voyeurism, the victim doesn’t know that they are being observed. It is an act that blatantly intrudes on a person’s privacy and personal space.

 Section 354C of the IPC deals with voyeurism. The punishment under this section after the first conviction shall not be less than one year and may extend to three years and is also liable to pay a fine. On subsequent conviction, it may extend from three years to seven years and fine.

Under Section 66 of the IT act, a person is punishable with imprisonment for a term that may extend to three years or with a fine that may extend to five lakh or both. A person can be charged under this act for voyeurism.

 


·      Morphing:
Morphing is changing one image to another with the help of the computer. Women posting photos fall prey to online criminals and they morph and misuse them. This act is done with ill intentions. The photos are morphed and circulated to various sites without the consent of the person in the photo or video. It is also done to extort money from the victim.

 

Section 292 of IPC deals with any book, pamphlet, writing, drawing and any other object represents to be obscene. Punishment under this section on first conviction may extend to a sentence of two years and with a fine which may extend to two thousand rupees on subsequent conviction, the terms of imprisonment may extend to 5 years and a fine up to five thousand rupees.

 

Section 509 of the IPC is related to the modesty of women. Punishment under this section is simple imprisonment for a term which may extend to 3 years and also with a fine.

 

Further charges under section 67 of the IT act and section 500 of the IPC for defamation are also applied.

 

·      Cyber pornography and revenge porn:

cyber pornography is an act to create, publish, distribute, and display obscene material in cyberspace. Revenge pornography is misusing someone’s data. It is an activity that involves the distribution of sexually graphic photographs without the consent of the individual in the image.

 

Charges under section 292 of the IPC, section 67 of the IT act, and section 500 of the IPC are applied if a person is accused of committing cyber pornography and revenge pornography.

 

The Bulli Bai application is a famous case of cybercrime against women in India, this application was related to a mock auction of women online.

It is essential to bring awareness about enhanced privacy settings and preventive measures and proper guidance, if somehow women face online harassment then they should be able to raise their voices against it. There is also a need for technical enhancement for the prevention of cybercrime against women.

 

Resources:

·       https://blog.ipleaders.in/punishments-cyber-crimes-ipc/

·       https://www.legalserviceindia.com/legal/article-639-cyber-crime-in-india-are-women-a-soft-target.html

·       https://legodesk.com/legopedia/online-harassment-laws-in-india-your-rights-remedies/

·       https://www.infosecawareness.in/concept/cyber-laws-in-india/women

·       The Information technology act,2000

·       The Indian Penal Code,1860

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