SIGNIFICANT INGREDIENTS IN CYBER CRIME FOR LODGING FIRST INFORMATION REPORT (FIR)

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Author: Yashraj Bais, student of B.A.LL.B(5yrs) course from Private Institution in Indore (M.P.)

Introduction:

The readers might be aware that the crimes which takes place on internet or on any online platform via the use of any Electronic Gadget is termed as “Cyber Crime”. The Cyber Crime is a kind of umbrella under which several types of illegal activities are classified widely on the basis of their gravity and harm caused to the victim. As it is very difficult to find the identity of the persons, therefore it is very easy for the criminals to execute the Cyber Crime and harm the innocents without being traced anywhere.

It is pertinent to mention here that the Cyber Criminals are experts in field of Internet and handling the electronic devices than any normal or reasonable person therefore it is very tough to face them and trace them after the crime has been committed. Some of the newly emerged Cyber Crimes are Cyber-Terrorism, Cyber-Stalking, Matrimonial-Frauds, Salami Attacks, Call-Spoofing, Cyber-Pornography, etc. which are punishable under the statutory provisions of Information and Technology Act, 2000 and Indian Penal Code, 1860.  

The Cyber Crime is not a major issue only in India, but it is Global Problem. According to a Report of United Nations more than 50% of the websites in the United States of America have faced the major security and breach issues apart from the threatening of Cyber Terrorism. It has been seen that the terrorists groups are using Internet as a source to train their militants and executing their illegal activities like Bomb Blasts and other attacks, which is a major concern in front of our present government.

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Characteristics of Cyber Crime:

The main characteristics which reflects the unique nature of Cyber Crime are as follows:

  1. Low Risk and High RewardsThe Cyber Crimes are comparatively easy to commit as the offender need not to execute it physically, he only needs a computer with some ancillary equipment and some knowledge in the field of Internet. However, the Cyber Crime can cause the huge loss or harm to the targeted victim. So, it’s like more reward in less investment.
  2. Lack of awareness among victims The main issues or the characteristic behind the growing ratio of cyber crimes are that the victim is not aware and updated properly about handling his device and even about the remedies and procedure for making a complaint against the Cyber Crime if it has occurred with him. This is probably the biggest lacuna and shortcoming in the field of Cyber Crime.  
  3. Lack of proper infrastructure with the Investigating Agencies- The Cyber Cells especially in the remote areas lacks proper technological infrastructure and qualified personnel which proves a major drawback and failure in tracing the Cyber Criminals.
  4. Attitude of Victims for reporting cases- The Victims are reluctant to report the cases of Cyber Crimes either due to fear, hesitation or lack of knowledge. This gives the Cyber Criminals a motivation to again repeat the same Cyber Crime with any other innocent individual.
  5. No territorial boundaries requires- The Cyber Crime can be executed by the criminal from any part of the World, as the Internet doesn’t know any territorial boundaries. Perhaps it is the most causative factor that the Cyber Criminals can’t be traced very easily.

Ingredients of Cyber Crime for Lodging First Information Report ( FIR):

That my readers have ever wondered about what are those essential ingredients for lodging a FIR in the Cyber Crime which are considered by the concerned Police Officials before lodging the same. There are two such main ingredients which are considered for lodging of FIR by the police officials they are as follows:

  • Actus Reus- The Actus Reus is when the offender converts his intension into action. This is very significant and crucial element for writing a FIR against the concerned Criminal even asper Code of Criminal Procedure, 1973 and Indian Penal Code, 1860.

For Example- When the Hacker Starts hacking a computer device, he decodes the encryption of the said targeted computer and starts reading and accessing it’s information for which he is not authorized such action is sufficient for lodging a First Information Report (FIR) against the accused.

  • Mens Rea- The Doctrine of Mens Rea states that “Where the Mind is Guilty”, means in an offence the intension of the offender is the main element which is considered before initiating a prosecution against him. It is pertinent to mention here that the Doctrine of Mens Rea is not defined anywhere in the Indian Penal Code, 1860 however, the use of words like fraudulently, dis-honestly, knowingly, malafide, recklessly, intension, etc. is sufficient to represent the Intension of the accused in front of the police authority for lodging a FIR under Section 154 of Code of Criminal Procedure, 1973. It is applied as soon as the criminal starts thinking for executing the crime.

For example- While performing the Hacking, the Intension of the Hacker to Hack is sufficient cause for the prosecution to be initiated against him.

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It is pertinent to mention here that for the FIR to be lodged against the offender both Actus Reus and Mens Rea are necessary to be applied, only the presence of a single element doesn’t makes a case against the offender. The Diagrammatical Explanation regarding the same is as follows:

Actus Reus+ Mens Rea = CRIME (FIR WILL BE LODGED)

Actus Reus+ No Mens Rea= NO CRIME

No Actus Reus+ Mens Rea = NO CRIME

Therefore a case is initiated against a criminal only if both Actus Rea (Action) and Mens Rea (Intension) is present in a Crime.

Conclusion:

The Cyber Crimes are increasing rapidly day by day. Under such circumstances it is the duty of the concerned police officials to lodge the reports of the Cyber Crime Victims whosoever comes before them at the earliest and provide them remedy in this regard. It is also necessary for the social media users and other peoples to be aware about their Rights and Remedies about the Cyber Crimes in order to safeguard them and their dear ones from the criminal intensions of the Offenders. Even in Bhagwat Geeta it is said that ‘Tolerating Offence is also an Offence’. Therefore we as an aware citizen of the Country must always try to raise our voice against the wrong in order to ensure the our survival and betterment of our Country for providing a better tomorrow to our next generations.

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