Cyber Law: A Basic Idea


Crime isn’t new in the planet, it’s as old because the human society. Crime has existed ever since humans have existed. With the passage of your time the society has changed then has the character of crime. With the emergence of latest era of technology, a new crime came to be referred to as ‘cybercrime’. The traditional texts and mythological stories right from the pre-historic era spoken about the crime that it’s an act by a private against a private , but this thought changes when it involves cybercrime, because a cybercrime also can be against a private and may even be against a corporation, during this article we’ll be discussing about the concept of cyberspace, meaning and concept of cybercrime, the elemental elements of cybercrime, international convention associated with cybercrime and differences between cybercrime and traditional crime.

Concept of Cyberspace:-

The term ‘cyber space’ was first coined by William Gibson. He later described as “an evocative and essentially meaningless”, at the present Cyberspace is employed to represent anything which is said to computer and internet. Thus, we will say that cyberspace may be a virtual space where all the communication and actions associated with information technology takes place. It also can be described as a worldwide electronic village which has no barriers, it’s an electronic medium of computer networks, where online communication can happen and individuals can interact, share information, exchange ideas, direct actions, provide social support, conduct business, play games, etc.

Webster Dictionary defines Cyberspace as,——- “Cyberspace is that the electronic system of interlinked networks of computers, bulletin boards, etc. that’s thought of as being a boundless environment providing access to information, interactive communication, and, in fantasy , a sort of computer game .”

Gibson defined Cyberspace as, ——“Cyberspace is that the name of a true non-space world, which is characterised by the power for virtual presence of, and interaction between, people through ‘icons, waypoints and artificial realities’.”

According to Chip Morningstar and F. Randall Farmer, ——“Cyberspace is defined more by social interactions involved instead of its technical implementation.”

From the above definitions we understand that cyberspace may be a virtual platform where people can communicate with each other, collect information, etc. and it’s no limitations.

Meaning and concept of Cybercrime:-

The use of term ‘Cyber’ became universal during 1980s but it originated several decades earlier in 1948 when Nobert Wiener coined the term ‘Cybernetics’ and described it as “the study of message as a way of controlling machinery and society”. The term ‘Cybercrime’ is that the combination of two words ‘Cyber’ and ‘Crime’. ‘Cyber’ denotes the virtual space and ‘Crime’ is an act against the society which is an offence. So, we will say that ‘Cybercrime’ is an offence which is committed in virtual world. These crimes are committed with the assistance of computer, computing system or network, one among the most characteristic of cybercrime is that it’s no boundaries or it scope isn’t limited to at least one country, it are often committed by anyone from anywhere and therefore the victim are often anyone at anywhere.

Fundamental elements of Cybercrime :-

To prove someone guilty of a criminal offense the 2 elements are very important:

i. Actus reus: act or omission that comprise the physical of a criminal offense.

ii. Mens rea: guilty state of mind.

Actus reus in Cybercrime:

The wrongdoing of cybercrime is varied and dynamic, wrongdoing in cybercrime is challenging because it is committed in intangible surroundings. First of all it’s hard to trace any footmark of the perpetrator and even after if he leaves any footmark then it’s hard to trace.

The act of crime has occurred, are often said, when someone gains the access to any computer, computing system or network without permission of the rightful owner. Until and unless the absence of consent or permission isn’t proved, the wrongdoing of the offender isn’t proved.

Mens rea in Cybercrime:

The malice aforethought just in case of cybercrimes comprises of two essential elements:

There must be an intent to secure access to any programme or data stored in any computer, computing system or network .

The one that is attacking must know at the time of attack that he’s committing the wrongdoing , that the access he’s meaning to secure is unauthorized.

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