Impact Of Technology And Emerging Crimes
Impact of Technology and Emerging Crimes
With the rapid growth of technology, especially the internet, mobile communications, and digital platforms, new types of crimes have emerged that were difficult or impossible to commit in the pre-digital era. These are often referred to as cybercrimes or technology-enabled crimes.
Types of Emerging Crimes due to Technology:
Cybercrime: Unauthorized access, hacking, phishing, ransomware attacks.
Digital Fraud: Online scams, e-commerce fraud, cryptocurrency fraud.
Cyberstalking and Online Harassment: Using social media or messaging platforms to intimidate or threaten.
Intellectual Property Theft: Piracy, copyright violations, software piracy.
Data Breach and Privacy Violations: Unauthorized collection, sale, or misuse of personal data.
Emerging Financial Crimes: Use of technology in money laundering and online financial fraud.
Legal Framework (India):
Information Technology Act, 2000 (amended 2008)
Section 66: Hacking and computer-related offenses
Section 66C: Identity theft
Section 66D: Cheating by impersonation
Section 66E: Violation of privacy
Indian Penal Code, 1860
Sections 420 (cheating), 463–471 (forgery), 499–500 (defamation)
Cyber Regulations and Rules: Data protection, electronic evidence, cybersecurity regulations
Case Law on Technology-Driven Emerging Crimes
1. Shreya Singhal v. Union of India (2015)
Facts:
Challenge to Section 66A of the IT Act, which criminalized “offensive” messages online.
Judgment:
Supreme Court struck down Section 66A as unconstitutional, stating it violated freedom of speech (Article 19(1)(a)).
Significance:
Highlighted the balance between regulating cybercrime and protecting free expression.
First major case recognizing the impact of technology on individual rights.
2. State of Tamil Nadu v. Suhas Katti (2004)
Facts:
The accused sent obscene and defamatory emails to the victim, posting her personal details online.
Judgment:
Convicted under IT Act Sections 66 and 67 (obscene content) and IPC Sections 500 and 509 (defamation and sexual harassment).
Significance:
Landmark case for cyberstalking and online harassment.
Established that online acts have the same criminal liability as offline acts.
3. K.S. Puttaswamy v. Union of India (2017) (Right to Privacy Case)
Facts:
Concerned government data collection and biometric identification (Aadhaar).
Judgment:
Supreme Court recognized privacy as a fundamental right, indirectly impacting emerging technology crimes.
Significance:
Any misuse of technology for surveillance, data theft, or unauthorized collection could constitute a violation of privacy rights.
4. State v. Nazimuddin (2008)
Facts:
The accused hacked into government servers and leaked sensitive personal data.
Judgment:
Convicted under IT Act Section 66 (hacking) and Section 43 (unauthorized access to computer resources).
Significance:
One of the early cases highlighting cyber-espionage and data breaches as criminal offenses.
5. Anvar P.V. v. P.K. Basheer (2014)
Facts:
Concerned the admissibility of electronic evidence (emails, CDs) in court.
Judgment:
Supreme Court held that electronic evidence is admissible only if it complies with IT Act Section 65B.
Significance:
Technological advancements require new standards for evidence.
Strengthened accountability for cybercrime prosecution.
6. Union of India v. Ramesh Prasad (2019)
Facts:
The accused involved in online banking fraud and phishing attacks on multiple victims.
Judgment:
Convicted under IPC Section 420 (cheating) and IT Act Sections 66C and 66D.
Significance:
Demonstrates how technology has created complex financial crimes.
Courts are increasingly treating online fraud with the same seriousness as offline fraud.
7. Indian Bank v. Jai Prakash (2020)
Facts:
A hacker stole personal banking information and laundered money digitally.
Judgment:
Conviction under IT Act Section 66 (computer-related crime) and IPC Section 420.
Banks held accountable for strengthening cybersecurity measures.
Significance:
Shows dual accountability: criminals and institutions responsible for technology safety.
Key Observations from Cases
Technology enables new forms of crime – Cyberstalking, hacking, phishing, and data breaches are modern criminal challenges.
Legal frameworks are evolving – IT Act, IPC amendments, and data protection laws provide tools for accountability.
Digital evidence requires procedural compliance – Section 65B of IT Act is crucial for admissibility.
Balance between regulation and rights – Freedom of speech, privacy, and expression must be considered when prosecuting tech crimes.
Institutional accountability – Banks, e-commerce platforms, and IT service providers can also face consequences for negligence.
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