Phishing attacks as a cyber crime is becoming a common in our digital world. As the cyber crimes are becoming out of control, the need of specialised legal provisions to address it is important. This blog is shedding light on phishing attacks and how Indian laws addresses this pervasive problem. It not only affects individuals, it will affect the business and government organisations.
What is phishing?
Phishing is a cybercrime in which people are deceived into providing sensitive information like password, credit card details, security pins, bank details etc, by impersonating as legitimate entity. Phishing are often used in the form of emails, websites and messages which look like real and genuine. As communication and transactions are shifted to digital, the risk of phishing is very high and dangerous.
Legal provisions in India
In India, there are many legal provisions which deals with phishing like cyber crimes. Some of the major are :
Information Technology Act (IT Act) ,2000
Section 43 – Unauthorised access, extraction of data and damages to any system shall be punished with compensation for victim.
Section 66 – If any person the act of phishing, he/she shall be punished with imprisonment upto 3 years or fine upto 5 lakhs rupees or both.
Section 66C – Deals with identify theft ,which is seen as a associated component of phishing .Persons shall be punished with imprisonment upto 3 years and fine upto 1 lakh rupees for Identity theft.
Section 66D – Any person cheating by impersonating another entity shall be punished with imprisonment upto 3 years and fine upto 1 lakh rupees.
Bharatiya Nyaya Sanhita, (2023)
Section 319 – Any person doing cheating by impersonating shall be punished with life imprisonment upto 5 year or fine or both.
How to prevent ?
Awareness – if people are aware of such cybercrimes and be cautious, phishing like cyber crimes can be easily avoidable. Also encouraging victims to complaint can avoid wider cyber attacks.
Specialized legal provisions – As cybercrimes are always cross international borders, there should be specialised laws to prevent and protect the victims from such cyber crimes.
Technological advancements – Cyber crimes are often associated with high level of technology. So to identify, track and prevent such cyber crimes should need high technologies. Easy monitoring will help to prevent such cybercrimes.
Cybercrime Cell – Cyber crimes cell at different levels will help to identify, monitor, and avoid phishing like cyber crimes. Also the person behind can be prosecuted through advanced technologies and strategies.
Technological Defence – Technologies like anti virus, email filter, two factor authentication, firewall etc.. will help to make a security wall against phishing like cyber crimes.
Phishing is one of the major cyber crimes in the world. It is a significant threat to the cyber world. There are many legal provisions in India to protect the victims of Phishing. However there is still loopholes and threats, which making the act of phishing more serious and uncontrollable offence. There is a need for continuous efforts to enhance Public awareness, enhance enforcement and to improve legal mechanisms.
This article is authored by HASHIM AK, who was among the Top 40 performer in the Cyber & Technology Laws Quiz Competition organized by Lets Learn Law.
