CYBER CRIMES AGAINST WOMEN – Immey Grace

CYBER CRIMES AGAINST WOMEN 

Abstract 

Even if there is an increase in crime against women across the board, becoming the victim of  cybercrime may be the most distressing experience for a woman. Particularly in India, where  women are devalued by society and cybercrimes are not even adequately recognized by the law.  Different kinds of cybercrimes that can happen to women and how they hurt them. I will also take  a quick look at the several legislation, such the Information Technology Act of 2000 and the  constitutional liability, that are in place to safeguard women in similar situations. I will be utilizing  a variety of well-known cybercrime examples (like the Ritu Kohli case). The rise in female  cybercrime in recent times and the several reasons behind it. The Indian Constitution’s expanded  interpretation of Article 21 includes the right to privacy. Accordingly, the accused may be  prosecuted with violating article 21 of the Indian Constitution anytime a cybercrime involves a  person’s private property or personal belongings, and the required penalty may be employed  against the accused. In addition, I intend to provide a number of recommendations to address  India’s growing cybercrime against women. The alternatives accessible to victims of cybercrime  and the modifications that must be made to the legal system in order to effectively quell the rising  morale of cybercriminals. 

Keywords 

¹Crimes in India, women, cybercrime, crimes against women, and privacy rights Introduction  

¹ Crime in India,https://en.wikipedia.org/wiki/Crime_in_India, Wikipedia,April 25, 2024

²Cybercrimes are crimes committed online in which the perpetrator is hidden behind a computer  screen and does not always need to make physical contact with the victim or reveal their identity. Online criminal activity may take the form of Internet stalking, Cyberbullying, Online  intimidation, Theft of identity, Breach and infringement of secrecy and privacy and Traveling  abroad. Although it falls under the category of cyber harassment, revenge pornography is one type  of cybercrime that has received a lot of attention lately due to a rise in non-consensual  pornography. 

Women are held in the highest regard in traditional Indian society. The Vedas, for example, extol  the virtues of motherhood, creation, and giving birth, and they are revered as “Devi,” or goddesses.  Because women played such an important role in society, it was considered humiliating for them  to be subjugated and mistreated, not just for themselves but for society as a whole. However,  women are now portrayed as sex objects and are treated less favorably than males in a variety of  social contexts and roles. As a result, there is a strong gender prejudice in society and even some  men believe that their mistreatment of women is not punishable. ³Cyberbullying and cybercrime  operate similarly in that the perpetrators are not scared of any power with the ability to punish.  The cyber world offers a virtual reality where anyone may conceal or even assume a false identity.  Criminals take use of this gift of the internet to commit crimes and then hide behind the internet’s  protective shield. The culmination of several inventions and rapid technical advancements is  Digital India.  

The majority of people use computers, the internet, and other devices on a regular basis. The most  popular gadgets are those used for social media, which includes Facebook, Instagram, Skype,  ⁴WhatsApp, dating sites, and chat rooms. Digitalization has, on the one hand, strengthened India’s  systems in all areas, including governance, the economy, and education, but it has also resulted in  an increase in cybercrimes. India in a very big way. As old as human civilization, crime is a social  and economic phenomenon. In essence, crime is a legal notion with associated legal provisions.  

² Cyber Crime, https://www.fbi.gov/investigate/cyber, FBI, May 03, 2016 

³ Bullying Resources: Text HOME to 741741 for free support, https://www.crisistextline.org/topics/bullying/, Crisis Text  Line, April 19, 2024 

⁴ WhatsApp: Secure and Reliable Free Private Messaging and Calling, https://www.whatsapp.com/,  WhatsApp.com,

“A legal wrong that can be followed by criminal proceedings which may result in punishment” is  what is meant to by crime or offence. Crime always has an impact on society, whether directly or  indirectly. A growing number of new crimes have evolved as a result of people using computers  and the internet more frequently; these crimes are generally referred to as cybercrimes. Any  segment of society could be the victim of these crimes, although women are the most frequently  attacked. In Indian society, the true victims of cybercrimes are women.. 

Various legislations  

⁵ Even though there isn’t currently a complete regulatory structure for laws governing the  cyberspace, specifically for crimes like these, there are legal remedies under numerous statutes  that can help someone who has been the victim of cyber violence. 

The Penal Code of India, 1860 

There was no legislation in place prior to 2013 that specifically addressed crimes against women  in cyberspace or online harassment. Sections 354A through 354D of the 2013 Criminal  Amendment Act amend the Indian Penal Code, 1860. 

Section 354A: A male who engages in any of the following behaviors, without the will of a  woman, displays pornography, requests sexual favors, or makes remarks that are suggestive of  sexuality, shall be found guilty of the crime of sexual harassment, you might face a harsh three year prison sentence, a fine, or even both. For the first two, there will be a fine, a sentence of  imprisonment of any kind that could last up to a year, or both. 

Section 354C: “Voyeurism” includes taking pictures of women doing private acts and/or sharing  those photos online without the subjects’ permission. The woman would “usually have the  expectation of not being observed either by the perpetrator or by any other person at the behest of  

⁵(PDF) An Empirical Study on Cyber Crimes Against Women and Children in India,  

https://www.researchgate.net/publication/371339507_An_Empirical_Study_on_Cyber_Crimes_Against_Women_and _Children_in_India

the perpetrator” for the conduct to be considered “voyeurism.” An individual found guilty is subject to fines and imprisonment under this section for a maximum of three years on a first  conviction and seven years on a subsequent conviction. 

A stalking clause was added by Section 354D, and it includes cyberstalking as well. According to  definitions, stalking is when a guy pursues or makes contact with a woman even when she makes  it obvious that she doesn’t want to, or when he keeps an eye on a woman’s online behavior, Internet  usage, or electronic communications. A man found guilty of stalking might face up to three years  in jail on his first offense, as well as a fine. If convicted again, he could face up to five years in  prison and additional penalties. 

Apart from the particular modifications made to the Code, there are additional provisions that  allow for the reporting of cybercrimes and the prosecution of those found guilty. These are the  following: 

Section 499: The act of defaming a person involves doing anything with the goal of damaging  their reputation. When done with the aim to damage the woman’s reputation, defamation by the  publication of visible representations of an imputation against her is punishable by up to two years  in prison, a fine, or both. 

Section 503: Threats directed at any anyone whose reputation has been damaged, either to frighten  them or to persuade them to alter their course of action regarding anything she would not normally  be allowed and is considered criminal intimidation. Blackmailing someone via the internet, as was  done in the aforementioned example, may fall under the purview of this clause. 

Section 507: This clause specifies the severity of penalties for criminal intimidation committed by  an individual whose identity is unknown to the victim. Any anonymous communication is  prohibited under this provision, which, in accordance with the previously mentioned provision  503, amounts to criminal intimidation. 

Section 509: Any individual who speaks, gestures, or displays objects with the purpose of causing  a woman to be offended or feel as though her private has been violated, or who does so with the  intent to do so, maybe found guilty of a violation of this section, subject to a fine and a maximum  3-year jail sentence. This area may be used to penalize instances of offensive remarks or comments  made online, as well as other explicit photos and content that are forced to be shared.

1. ⁶The Information Technology Act of 2000, as revised by the Information Technology Act  of 2008, establishes criminal penalties for identity theft under Section 66C. This provision  would cover cyber hacking incidents. According to this clause, anyone found using another  person’s electronic signature, password, or any other distinctive identifying feature in a  dishonest or fraudulent manner faces up to three years in prison of both type shall  additionally be subject to a fine that could reach one 100,000 rupees. 

2. The violation of an individual’s privacy is covered by Section 66E of the IT Act. Any  individual who violates the privacy of another by taking, publishing, or sending a  photograph of their private area without that person’s agreement faces a fine or up to three  years in prison. 

3. Section 67 forbids the publication, transmission, or incitement of the publication of  pornographic material and imposes fines and sentences of up to three years in jail for first  offenses and five years in prison for second offenses. Since the definition of obscenity in  Section 292 of the IPC is the same, the standard for determining obscenity must be the  same as according to Section 67A of that law, publishing, transmitting, or assisting in the  transmission of sexually explicit material is illegal and is punishable by up to five years in  jail and a fine on a first offense, and up to seven years and a fine on a second offense. 

4. Publication or transmission of sexually explicit content featuring children is prohibited by  Section 67B. 

5. Prohibition-era Indecent Representation of Women Bill (2012) 

6. The Indecent Representation of Women (Prohibition) Act governs and forbids the  derogatory portrayal of women in publications, commercials, and other forms of media.  The Amendment on the Prohibition of Indecent Representation of Women The purpose of  Bill, 2012 is to extend the legal definition to include electronic and audio-visual media, as  well as content distributed online and in the form of women’s representations in media. 

Social reason for growth cybercrimes against women  

⁶ Cybercrime,  

https://en.m.wikipedia.org/wiki/Cybercrime#:~:text=Cybercrime%20encompasses%20a%20wide%20range,upon%20i n%20other%20malicious%20acts, April 24, 2024

The victims’ (women’s) personal information is easily accessible: SNWs are designed to make the  profile owner’s existence known to others. As a result, users divulge personal information such as  their home address, marital status, age, phone number, and preferences. Many first-time  registrants, particularly women, use SNWs to publish their personal information online without  realizing the risks involved. These SNWs offer choices for utilizing fake identities and only publish  such information as “optional.” This provides harassers with a great chance to harm their targets. 

1. ⁷User ignorance and carelessness: Women are more likely than men to commit many  online crimes, including hacking, stalking, morphing, cyber cheating, cybersex abuse, and  defamation. Internet Social Networking Sites(SNWs) have become into havens for these  kinds of crimes. Researchers are plagued with the following question: Why are women the  primary target group in SNWs? We believe that understanding of policy rules and safety  precautions is the primary reason contributing to women becoming victims in SNWs,  among other issues. Presently, social networking sites (SNWs) offer a plethora of options  for safeguarding against harassment. These include implementing security measures,  “locking” personal albums and message boards, blocking the harasser, preventing aliens  from accessing personal data, preventing strangers from posting on one’s message board,  banning and blocking members of communities and groups, and concealing one’s profile  from internet searches. 

2. Planning strategies to conceal one’s true identity behind false profiles: The SNWs  permit a user must periodically update his address and fictitious name. Despite the fact  that the SNWs took this action to let their members relocate and change their physical  location while also protecting themselves from criminals, it has incentivized the criminals  to commit crimes and assume new identities. The risk factor for female SNW members is  raised by these hide-and-seek games played by the offenders. 

3. The SNWs’ indolent response: The majority of SNWs include a way for clients to report  any misuse of their services. Reporting incidents of cyberbullying, cyber harassment, cyber  threats, and cyber pornography falls under this category. However, SNWs typically have  

⁷ Cybercrime Against Women, https://www.clearias.com/cybercrime-against-women/, ClearIAS, January 07,  2023

their own policies in place to handle posts that are deemed harassing or defamatory.  Occasionally the victim becomes more anxious when the website administrators don’t  respond at all, or respond slowly, giving the harasser plenty of chances to damage the  victim’s reputation in the allotted period. Remarkably, the majority of SNWs state in their  privacy rules that they will not be held accountable for any harassment that other users may  inflict on them. However, they warn users that their profile may be deleted if it is reported  that the said profile is bothering others, inciting hate speech, promoting pornography, etc.  and offer safety advice on the menu bar. It is regrettable that these rules are not being  appropriately observed. 

4. Inconsistency in laws, customs, and guidelines: The majority that occur in the SNWs are  not widely acknowledged by any standard legislation, regulation, or guideline. Because the  offenses are not clearly defined by law, offenders frequently get away with it. More issues  arise for the victims as a result, particularly the women.  

5. The proliferation of online victimization of women is facilitated by the absence of global  legislation governing social networking sites and the legal acknowledgement of offenses  committed against women online. 

Victims of Cybercrime 

⁸Men and adults were the victims of multiple cybercrime schemes, but women and children were  the most vulnerable members of society during the pandemic, making them easy targets for  cybercriminals. During the pandemic, women were more likely to be victims of these crimes than  men, especially housewives and social media users. According to data from the National  Commission for Women in 2021, there is a drop in cybercrime incidents against women during a  lockdown. Cybercrimes against women soared sharply in March of 2021 and continued to rise  after the country was severely hit by the second wave of COVID-19 and nearly all of India was  placed under harsh lockdown restrictions in April and May of the same year. Eventually, once the  

⁸ Cyber crime – National Crime Agency, https://www.nationalcrimeagency.gov.uk/what-we-do/crime threats/cyber-crime

second pandemic wave subsided and the limitations on lockdown were lifted and saw the  beginning of a decline in the frequency of cyberattacks. This situation persisted until July, when  the lockdown limitations were removed. Although the number of female cybercrime victims was  relatively low in the past, it rose dramatically during the pandemic and lockdown. 

Women Targeted by Cybercrimes 

⁹The computer-generated internet is known as “cyberspace,” and the rules that govern it are known  as “cyber laws.” All users are subject to these rules since this area has universal jurisdiction of its  own. Another branch of law that addresses legal issues arising from the use of networked  information technology is cyber law. Due to the pandemic, people have been experiencing hardship  all across the world. A few of the challenges that people faced included the death of healthcare  facilities, the unhappiness and loneliness that accompanied lockdowns, the loss of jobs and  company revenue, and the death of loved ones from this terrible illness. COVID-19 pandemic has  proven to be a catastrophe, claiming millions of lives and affecting millions more. It has been a difficult time for many people who have lost their jobs or had to close their businesses due to  lockdown, for families who have lost the only wage earner, for children who have lost both parents  at a young age, and for many others, in addition to the millions of deaths caused by the pandemic. 

However, this is untrue! While people fought the epidemic, another disaster cybercrime and mobile  crime spread like a virus. A number of individuals vented their frustration with the lockdown by  misusing phones and the internet, torturing others. 

The Victimization of Women in Cybercrimes 

⁹ Top 10 Cyber Crime against Women, https://xiotz.com/top-cyber-crime-against 

women/#:~:text=Women%20are%2027%20times%20more,as%20hacking%20and%20identity%20theft, xIoTz, February 21, 2024

People were forced to use the internet for social, professional, recreational, and educational  purposes throughout the pandemic and lockdown. Working women began working from home  thanks to the internet, cellphones, and computers. It is mandatory for women who are still enrolled  in school to use the internet for other academic purposes, such as online homework. Since most  women were using social media sites and one or more online platforms for academic, professional,  and recreational objectives, the rate of cybercrime against women began to rise at this time.  Because the entire nation was under lockdown, criminals were unable to physically damage the  victim, so they began abusing them mentally and emotionally. 

The following cybercrimes most often affect women: 

¹⁰ Settortion: During the epidemic, sextortion was the most frequent cybercrime committed  against women. Blackmailing their victims with altered or private photos, the perpetrators began  requesting money or sexual favors in exchange. To show their frustration with the epidemic, the  perpetrators intimidated women and demanded letters or sexual video conferences from them.  They also felt emboldened to threaten victims with their manipulated photographs in an attempt to  extract money from them because they were penniless. 

Phishing: During the lockdown, thieves send phony emails including a link to a specific webpage  in an attempt to trick the target into divulging personal information such passwords and contact  details, or with the intention of infecting the target’s device with harmful viruses as soon as the  link is clicked. These texts and emails appear to be authentic. The attackers then carry out shady  transactions from the victim’s bank account to their own using the victim’s bank account and other  private information. 

Pornography: During the pandemic, offenders indulged in online sexual attacks against women,  altering the victim’s image and using it in pornographic material. 

Cyber stalking: It included, among other things, contacting or trying to engage the victim via  social media sites or phone conversations despite her obvious lack of interest, posting messages  

¹⁰ What is Cyber Extortion?: Definition from TechTarget,  

https://www.techtarget.com/searchsecurity/definition/cyberextortion#:~:text=Cyber%20extortion%20occurs %20when%20the,infected%20websites%20and%20other%20techniques, Security, July 18, 2023

on the victim’s page (often threatening in nature), and persistently bothering the victim with emails  and phone calls. 

Cyber hacking: People began reading the news online during the pandemic. More instances of  misleading information and news exist today than in the past. The women fell victim to cyber  hacking after clicking on fraudulent URLs. The spyware captured their private images and videos,  activated the camera and microphone, and downloaded all of their personal information to their  phones. Criminals then utilize these images and bits of information to commit crimes like  extortion. Cyberbullying is the act of threatening the victim with rape or death, posting derogatory  or inaccurate information about them on social media, and requesting payment to get it taken down.  It also include making offensive remarks on the victim’s social media pages. A laptop, smartphone,  or computer are a few instances of how harassment and bullying are committed via digital or  communication technologies.  

Cyber-bullying: This includes, sending rape and death threats to the victim and posting false,  misleading, and abusive statements about the victims on social media sites, and demanding money  to have them removed. It also includes leaving hurtful comments on the victim’s posts. A computer,  cell phone, or laptop are examples of digital or communication technology that are used for  harassment and bullying.  

¹¹Cyberset trafficking: In contrast to physical sex trafficking, this type of trafficking does not  include the victim physically interacting with the perpetrator. Cybersex trafficking, which is  defined as the sexual abuse of women, occurs when a dealer broadcasts, films, or takes images of  the victim having sex in a public place and then sells the content. 

The Second World War’s carnage and genocide gave rise to the idea that all people, men, women,  and children alike, should have at least a minimal respect for their human dignity and rights. Ever  since, the UN has labored to further define and improve these rights for all people. The United  Nations has long been concerned with domestic violence, as seen by the discussions and decisions  made by UN congresses on crime prevention and offender treatment. This paper is centered on  domestic abuse against women. Domestic abuse can affect both men and women, as well as boys  and girls. The scope of this work is restricted to the violence committed in their own houses by  husbands and other male partners against their spouses and female partners. Many of the tactics  discussed here should prove useful in the future in combating different forms of domestic abuse.  

¹¹ Research Center for Law and Information Technologies, https://www.netlaw.bg/en, Law and Internet  Foundation

The approach taken by each nation to address domestic abuse will differ. It lays forth a variety of  approaches and tactics that are being employed globally to combat domestic abuse. Information is  provided about actions taken to address the issue of domestic abuse by the government, women’s  organizations, health care providers, social workers, police, and prosecutors. Its goal is  disseminating this information so that it can be utilized to stop the bloodshed that females  encounter within their own households. The approach taken by each nation to address domestic  abuse will differ. This paper presents a variety of approaches and tactics that are being employed  globally to address domestic abuse. Information is provided about actions taken to address the  issue of domestic abuse by the government, women’s organizations, health care providers, social  workers, police, and prosecutors. Its goal is to disseminate this information so that it can be utilized  to end domestic abuse against women. The most crucial thing that those who have been addressing  the issue of domestic abuse have discovered is that can only be managed if the different  organizations and people working on the issue collaborate to find answers.