Cybercrimes & Human Rights

Praveen Dixit

Special Rapporteur, Maharashtra & Goa

National Human Rights Commission

India has been upholding human rights since ages and practising the same in respect of not only human beings but also the rights of animals, birds, marine life as well as mountains, trees, rivers, and seas. This is being achieved through adopting of Indian Constitution enlisting enforceable fundamental rights as well as Directive principles to guide the State policy. This has been further strengthened through establishment of National and State Human Rights Commissions from 1993 onwards. While these efforts witnessed great success, the last two decades have noticed technological innovations in the field of information, technological revolution and communication. It is believed the number of persons using computers and mobiles in India is nearly one billion and the same is likely to witness further escalation in the coming years with increasing speed. As this number of persons using cyber space is growing, the anti-social elements exploiting the legal, human, economic, social and other short comings and trampling on the human rights of one and all is also growing geometrically.

According to the data compiled by National Crime Record Bureau (NCRB), the cybercriminals are targeting infants, young children, girls and boys in adolescent age, young men and women, elderly persons, rich and poor, educated and semi-educated. One finds, practically there is no one who is being spared from this menace.

India has been sensitive to these ever-expanding threats from the cyber world and endeavouring to undertake all possible measures to combat the same through international, national, legal, organisational efforts by adopting innovative technologies from time to time. The first step in this direction was adoption of Information Technology Act 2000 (IT Act) with Amendments in 2008, and 2015. With a view to ensure cybersecurity, there are five main types of laws followed in India.

These include Information Technology Act, 2000, (IT Act), Bharatiya Nyaya Sanhita, 2023, (BNS), the Information Technology Rules (IT Rules), the Companies Act of 2013 and the Cybersecurity Framework (NCFS). These highlight penalties and sanctions enacted by the Parliament of India that safeguard the sectors of e-governance, e-banking, and e-commerce. In a major step to repeal archaic three criminal laws, the Parliament adopted Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bhartiya Sakshya Adhiniyam 2023 and the same have been implemented through-out the country from July 1st 2024. These enactments expressly recognise electronic communication as approved in the criminal process and thereby promotes transparency.

These also ensure the rights of victims. Moreover, the earlier practice of inordinate delays causing enormous harm to the cause of justice has been curbed through timelines for the entire process. Cyber offences through electronic devices have been expressly mentioned along with penalties to protect children, women, elderly persons in the beginning chapters of BNS. Human rights of individuals during arrest, searches and seizures have been well protected through mandatory video recording of the entire process.

In order to ensure details of persons who are missing or disappearing, the BNSS has made it mandatory for every police station and district police headquarters to display details of arrested persons including name of the arrested person, charges, time etc. digitally. It is also mandatory to have forensic experts to examine a person when the offence is punishable more than seven years. In order to curb the nefarious practice of determining the sex of the foetus, sonography machines were being used widely. India has promulgated Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act 1994 along with initiating a movement called बेटी बचाओ, बेटी पढाओ throughout the country. This has reduced the female infanticides and helped in improving the male-female sex ratio considerably.  

Cybercriminals have been increasingly making use of cyberspace to promote terrorist activities and to recruit young boys and girls to accept fundamentalism. They have been noticed using dark net, cryptocurrency and drug trade to further their illegal activities. India has initiated tough actions against all sorts of terrorist activities, refused to legalise cryptocurrency and follows zero tolerance towards drug trade. Similarly, India implemented demonetisation of high value currency notes to eliminate fake currency notes and reduce black money. This has saved economic rights of Indian citizens to a great extent. To strengthen these efforts, India has amended Unlawful Activities Prevention Act as well as enabled National Investigation Agency (NIA) by amending their Act to investigate these offences as federal crimes.

In this connection, it is worth recalling NIA statement on October 10, 2024. It read,” NIA investigations have revealed that five persons were involved in trafficking vulnerable Indian youth to the Golden Triangle Region in Lao PDR where they were forced to commit cyber scams targeting European and American citizens. They operated through the consultancy firm, All International Services, which functioned as a front for human trafficking”. (The Perfect Voice, Oct 11, 2024). Increasingly, cybercriminals from China and Pakistan are indulging in cybercrimes against vulnerable Indians, Americans, Australians and British citizens. This underlines the need to have close cooperation among the international law enforcing agencies through multilateral cooperation.

In order to promote awareness about cybercriminals and follow best practices to combat the same, National Human Rights Commission has been issuing Advisories regarding technical innovations in the field of rights of children, women, elderly citizens, prisoners and other vulnerable sections from time to time. It is so investigating individual complaints about violation of human rights and ensuring micro-justice.

In addition, the Reserve Bank of India (RBI) and other public as well as private banks are constantly alerting their customers and the public in general to guard against the fraudsters and not to disclose their account details, or not fall prey to any links for rewards. They have also publicised their helplines where the victims are asked to report at the earliest. Government of India has issued the helpline no 1930 as well as asking victims to report to https://www.cybercrime.gov.in . Department of Telecommunication has a portal called चक्षु- for Reporting Suspected Fraud and Unsolicited Commercial Communication received within last thirty days. ( https://services.india.gov.in/service/detail/chakshu-report-suspected-fraud-communication ) It helps you in number of ways including knowing your wireline internet service provider,   https://services.india.gov.in/service/service_url_redirect?id=MjQ0MTA= ; for reporting incoming international call with Indian number ( https://services.india.gov.in/service/service_url_redirect?id=MjQ0MDg= ) know the number of connections issued in your name ( https://services.india.gov.in/service/service_url_redirect?id=MjQwNTA=) and facility to verify mobile device using IMEI number (https://services.india.gov.in/service/service_url_redirect?id=MjQwNDg= ).

India Cybercrime Coordination Centre

                      Indian Cybercrime Coordination Centre (I4C) was established by MHA, in New Delhi to provide a framework and eco-system for Law Enforcement Agencies (LEAs) for dealing with Cybercrime in a coordinated and comprehensive manner.

                      I4C is envisaged to act as the nodal point to curb Cybercrime in the country. ( https://i4c.mha.gov.in/ ) It deals with efforts in creating awareness through training law enforcing agencies in the form of Cyber योद्धा and has trained thousands of police officers in cybercrime. It also spreads awareness message through social media in the form of cyber दोस्त. According to the same, safe practices to prevent cybercrime include

• Avoid pop ups, unknown mails and links: https://i4c.mha.gov.in/#:~:text=Avoid%20pop%2Dups%2C%20unknown%20emails%20and%20links
• Use strong password and authentication: https://i4c.mha.gov.in/#:~:text=Use%20strong%20password%20protection%20and%20authentication
• Install updates and backups for your data ( https://i4c.mha.gov.in/#:~:text=Install%20updates%20and%20back%20up%20your%20files)

               The portal mentions cybercrimes categories such as

• cryptocurrency crime,
• cyber terrorism,
• hacking /damage of computer systems,
• online and social media related crime such as:

1. Cheating by Impersonation
2. Cyber Bullying / Stalking / Sexting
3. E-Mail Phishing Fake/Impersonating Profile
4. Impersonating Email
5. Intimidating Email
6. Online Job Fraud
7. Online Matrimonial Fraud
8. Profile Hacking / Identity Theft
9. Provocative Speech for unlawful acts

                       With a view to strengthen efforts in fighting cybercrime, Government of Maharashtra has recently established Cybercrime Investigation Capacity Centre. It claims to possess best global technologies including Technology Assisted Intelligence (TAI) and machine learning tools to aid investigations into crimes like cryptocurrency fraud and combat cybercrime effectively.  It houses Security Operation Centre (SOC) for security of Cyber Security Project. This is  designed to manage large scale security breaches and respond to threats targeting individuals and businesses. It has launched a new dedicated helpline -14407- in a 24*7 Command Centre. It has Computer emergency Response Team (CERT) to coordinate swift responses to cyber incidents.

                       I would like to conclude by observing that the right to disconnect one’s posts from social media and right to privacy of personal data are areas which need to be looked into by India urgently. These areas are being misused by cybercriminals extensively.  While these efforts by India are laudable, I would urge everyone using cyberspace in the form of computer, mobile or any other electronic device to completely refrain from responding to any calls from unknown mobile number from India or abroad, or email, or video calls. In case one wants to respond, it is advisable to verify the details of the person calling you or sending email or the link. Constant awareness alone can protect your human rights pertaining to life, money, dignity and reputation from the ever-increasing cybercriminals.

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Cybercrimes & precautions
Praveen Dixit

Geometrical increase in the number of cybercrimes every day and at every place, is not only alarming but also traumatic. There is no exception and it is engulfing almost everybody whether rich or poor, educated or uneducated, men and women, elderly as well as youth. The criminals are usually invisible, and if visible their identity is fake. The victims are the gullible unsuspecting persons. They easily fall prey to the tactics and the victims mostly do not report these crimes out of shame or fear or lack of awareness. When they realise, they have been cheated, considerable period has lapsed and by that time, the transactions are complete and the transferred amount has been withdrawn by the criminals.

The nature of cybercrime differs from place to place and incident to incident. It may be investment in equity market through fake portals, it could be an attractive job offer in the name of some reputed company, it could be matrimonial proposal or it may be so called digital arrest. Cybercriminals are increasingly leveraging search engine optimisation (SEO) to deceive victims. SEO manipulation allows criminals to rank fraudulent websites at the top of search results, making them appear legitimate and credible, duping victims into sharing sensitive personal and financial information. Fraudsters create fake websites that mirror legitimate businesses, online stores or financial platforms. There is a paid process to get your website at the top in search. Such websites look similar to the original. When the victim proceeds further, the money is transferred to third person through the gateway. It is suspected that bank employees could be part of such crimes while sharing victims’ documents with a third party. KYC of the bank account holder should be updated but many banks ignore this, which leads to difficulties in tracking the account information. Loan apps and gaming apps are another medium of losing private information. FedEx scam is currently at its peak.

Cybercrimes may take place through a call from unknown and fake person sometimes giving attractive offer, or it could be threatening for a crime or accident which has never taken place. It may be in the name of gas connection company asking you to update your personal details and demanding bank account details. It could be through email asking you to provide your personal bank details or a video call putting you under “digital arrest’’ and demanding instant payment of huge amounts. Till the payment is completed the fraudsters won’t allow even to leave the room. Victims may be recently retired persons interested in investing their retirement benefits at attractive returns, or unemployed youth looking for a job offer in India or abroad. It could be a young woman interested in marriage offer. There are also instances when women may be threatened with blackmailing or publishing their obscene photos. One may say every possible trick to attract you for false promises, luring you to unusual returns because of your greed, or expecting to realise your dream for which you are not eligible, the cybercriminal is likely to entice you. Obviously, persons with substantial funds fall prey to these tricks and unfortunately, they are also those who are savvy with social media, mobile handling, or computer knowledgeable.

In fraction of the cases, where law enforcing agencies have been able to nab the criminals, even these offenders themselves are not aware where the money has been transferred. Let me draw your attention to NIA statement on October 10, 2024. It read,” NIA investigations have revealed that five persons were involved in trafficking vulnerable Indian youth to the Golden Triangle Region in Lao PDR where they were forced to commit cyber scams targeting European and American citizens. They operated through the consultancy firm, All International Services, which functioned as a front for human trafficking”. (The Perfect Voice, Oct 11, 2024). It is noticed that the real culprits are either from China or Pakistan and they are causing this cybercrime havoc in India, USA, UK etc.

Apart from registering offences under Bharatya Nyaya Sanhita, 2023, and I.T Act under various provisions, the RBI and other public as well as private banks are constantly alerting their customers and the public in general to guard against the fraudsters and not to disclose their account details, or not fall prey to any links for rewards. They have also publicised their helplines where the victims are asked to report at the earliest.

Government of India has issued the helpline no 1930 as well as asking victims to report to https://www.cybercrime.gov.in . Department of Telecommunication has a portal called चक्षु- for Reporting Suspected Fraud and Unsolicited Commercial Communication received within last thirty days. ( https://services.india.gov.in/service/detail/chakshu-report-suspected-fraud-communication ) It helps you in number of ways including: https://services.india.gov.in/service/service_url_redirect?id=MjQ0MTA= ; for knowing your wireline internet service provider, for reporting incoming international call with Indian number ( https://services.india.gov.in/service/service_url_redirect?id=MjQ0MDg= ) know the number of connections issued in your name ( https://services.india.gov.in/service/service_url_redirect?id=MjQwNTA=) and facility to verify mobile device using IMEI number (https://services.india.gov.in/service/service_url_redirect?id=MjQwNDg= ).


India Cybercrime Coordination Centre

Indian Cybercrime Coordination Centre (I4C) was established by MHA, in New Delhi to provide a framework and eco-system for Law Enforcement Agencies (LEAs) for dealing with Cybercrime in a coordinated and comprehensive manner.

I4C is envisaged to act as the nodal point to curb Cybercrime in the country. ( https://i4c.mha.gov.in/ ) It deals with efforts in creating awareness through training law enforcing agencies in the form of Cyber योद्धा and has trained thousands of police officers in cybercrime. It also spreads awareness message through social media in the form of cyber दोस्त. According to the same, safe practices to prevent cybercrime include

1) Avoid pop ups, unknown mails and links: https://i4c.mha.gov.in/#:~:text=Avoid%20pop%2Dups%2C%20unknown%20emails%20and%20links
2) Use strong password and authentication: https://i4c.mha.gov.in/#:~:text=Use%20strong%20password%20protection%20and%20authentication
3) Install updates and backups for your data ( https://i4c.mha.gov.in/#:~:text=Install%20updates%20and%20back%20up%20your%20files)

The portal mentions cybercrimes categories such as

* cryptocurrency crime,
* cyber terrorism,
* hacking /damage of computer systems,
* online and social media related crime such as:
1. Cheating by Impersonation
2. Cyber Bullying / Stalking / Sexting
3. E-Mail Phishing Fake/Impersonating Profile

4. Impersonating Email

5. Intimidating Email

6. Online Job Fraud

7. Online Matrimonial Fraud

8. Profile Hacking / Identity Theft

9. Provocative Speech for unlawful acts

With a view to strengthen efforts in fighting cybercrime, Government of Maharashtra has recently established Cybercrime Investigation Capacity Centre. It claims to possess best global technologies including Technology Assisted Intelligence (TAI) and machine learning tools to aid investigations into crimes like cryptocurrency fraud and combat cybercrime effectively. It houses Security Operation Centre (SOC) designed to manage large scale security breaches and respond to threats targeting individuals and businesses. It has launched a new dedicated helpline -14407- in a 24*7 Command Centre. It has Computer emergency Response Team (CERT) to coordinate swift responses to cyber incidents.

Precautions:

I would conclude by urging everyone using cyberspace in the form of computer, mobile or any other electronic device to completely refrain from responding to any calls from unknown mobile number from India or abroad, or email, or video calls. In case you want to respond, first verify the details of the person, calling you or sending email or the link. Constant awareness alone can protect your life, money, dignity and reputation from the ever-increasing cybercriminals.

I would also urge the Government of India to make use of these portals and helplines available for 24*7 and make them user friendly so that everyone is able to follow these. Government also must ensure security of the personal data which is being shared by online firms, banks, investment centres. Fraudsters are able to access this data easily. In fact, the government must come up with legal enactment to prevent the same and stern action needs to be taken against those who leak this data. Efforts may also need to be made to study the new technological innovations in other advanced countries which are able to precisely locate and nab the cybercriminals wherever they may be operating from. The coordination efforts with international organisations and governments of other countries need to be stepped up to save Indians from these borderless cybercriminals.

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