In today's digital age, where technology is connected with almost every aspect of our lives, cybercrime has become a significant concern. Perpetrators of cybercrime exploit vulnerabilities in technology to carry out their illegal activities, which range from financial fraud and data breaches to malware attacks and phishing schemes. Understanding its legal framework and how it happens and mainly how to control them becomes essential for coming time and to control it.
INTRODUCTION
Identity theft happens when a person steals your personal information—such as your Aadhaar card Number, bank account number, and credit card information. Identity theft is committed in various different ways. The issue of identity theft within the dominion of cybercrime holds significant effects for individuals, businesses, and society as a whole. The increase in digital interactions and dependence on technology has created a favourable ground for cybercriminals to exploit vulnerabilities. Identity theft can lead to substantial financial losses, damage one's reputation, and cause emotional distress. It disrupts individuals' lives, hampers businesses' operations, and erodes trust in online platforms. Recognizing the significance of this issue is vital in developing effective prevention measures, educating the public, and fostering collaborative efforts to combat cybercrime.
Identity theft can occur in a variety of ways, and the consequences can be shocking. It can be done through:
Mail identity theft can occur when individuals steal data from your mailbox, alter them, or intercept credit cards, debit cards, or account statements sent to you by mail,
Account takeover fraud happens when unauthorized individuals gain access to your accounts.
Tax identity theft occurs when someone files a tax return in your name to collect a refund.
Aadhaar Number Identity Theft or Driver license identity theft, there are so many ways by which a predator can commit a fraud.
Techniques of Identity Thefts
Criminals employ various methods to carry out identity theft like Pretext Calling in which thieves pose as company employees over the phone, requesting financial information from unsuspecting individuals. By faking legitimacy, they persuade victims for revealing personal data with the promise of tempting returns or Mail Theft where credit card information, along with transactional data, from public mailboxes is extracted. The most popular way is phishing. Phishing entails sending emails that appear to be from banks to victims, containing malware. When the victim responds to the email, their information is captured by the identity thieves. Then some commits using CVV number from the cards.
Indian Laws Related to Identity Theft
Information Technology Act of 2000
The Information Technology Act (IT Act), a part of legislation implemented in India, makes no mention of different cybercrimes, such as hacking and illegal access to private data.
A person can be held liable for damages and compensation under sections 43 and 66 of the IT Act if they unlawfully access, transfer, download copy, or extract any data or information from a computer resource.
Furthermore, the IT Act's section 72 addresses the protection of personal data and addresses the problem of data security.
While the IT Act does not exactly talk about identity theft, it provides legal provisions for the punishment of unauthorized access to personal data and its protection. To prevent identity theft, it is important to be cautious about sharing personal information online and secure online accounts with strong passwords and multi-factor authentication.
Section 66C: Punishment for identity theft.
This section talks about the penalties for identity theft and states that they can get either a term of imprisonment of up to three years or a fine of up to one lakh rupees.
Section 66D: Punishment for cheating by personation by using computer resource
This section addresses the penalties for impersonating someone else to cheat by use of computer resource would be awarded with imprisonment extended upto three years, a fine that may not exceed one lakh rupees or both.
The Indian Penal Code of 1860
The Indian Penal Code (IPC), 1860, covers provisions to punish many offences, including those involving identity theft.
Section 419:Punishment for cheating by personation
Cheating by impersonation and gives a punishment extending up to three years of imprisonment, or fine, or both.
Section 420:Cheating and dishonestly inducing delivery of property
This section deals with defrauding and dishonestly procuring the handover of the property, and it lays forth a punishment that includes both a fine and a term of imprisonment that can last up to seven years.
The IPC also includes provisions for penalties in situations of document forgery and passing off a fabricated document as a real one.
THE FUTURE PROTECTION OF IDENTITY THEFT IN CYBER CRIME
The technological advancement, making legislative regulations on corporation on international level may help to safeguard the future of identity theft in cyber space.
Emerging technologies are poised to transform the landscape of identity protection: Artificial Intelligence can play a crucial role in identifying fraudulent activities and irregularities in data usage. They provide timely alerts and proactive measures to prevent identity theft. There can be made the use of advanced biometrics from the traditional one that may provide more sophisticated and secure methods of identity verification.
Legal framework a stricter rules and regulations should be made against cyber crimes and government can produce more regulation relating the protection of personal data. A standard form for cyber security at national and international level should be appointed.
Global cooperation Cybercriminals frequently operate across national borders, international collaboration is crucial. This involves sharing intelligence, resources, and best practices to effectively combat identity theft. Also joint initiatives between governments and private sectors can foster the development of innovative solutions and bolster defences against identity theft.
CONCLUSION
Identity theft can lead to substantial financial losses, significant mental distress, damage to one's reputation, and compromised credit. Safeguarding personal information, ensuring the security of passwords, and regularly monitoring credit reports are crucial steps to avoid identity theft. Understanding and awaking society about its legal repercussions will help to control it. Involving AI in the role might help the detectors and government.
REFERENCES
- Cyber Crime – Identity Theft, https://www.geeksforgeeks.org/cyber-crime-identity-theft/
- What is Identity Theft? An Overview in Today's Cyber World, 31/12/2023, https://www.aratek.co/news/what-is-identity-theft-an-overview-in-todays-cyber-world#:~:text=Personal%20Impact&text=Financial%20Loss%3A%20A%20cyber%20identity,can%20severely%20impact%20credit%20scores
- The Information Technology Act, 2000, Section 66C, https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf
- Indian Penal Code, 1860, section 419, https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46202§ionno=419&orderno=476
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.