As we talking about it the word ‘Hacking’ it always comes to the mind with the intention of deceit. As we all think correct that this term is used only for capturing the information about someone or to break codes, password and to used send viruses, etc. to blackmailing for their wrongful intention act or to may be remove some private things. All as they are not having an wrongful intention for becoming an ‘Hacker’ because some of them are there who used to do work for government to provide them national documents and the most useful informations that would help us to get the justice or about the crime that will happen in future. But the one who is helping and the one who used to extract information of someone to attack or blackmailing is two different kinds as the one with right intention called ‘Hacker’ and the one with wrongful intention called ‘Cracker’. Those who crash credit card numbers, release computer viruses, usually make the free phone calls are also call themselves as a hacker ;a bit confusion between the both cracker and hacker.
Actually, the hacker is the one who execrate the crackers. Among this hacking community, and to be on a very large extent done a illegal programming, those people are called crackers. For them encoding the password of other computer system like 12345 or some of them are used ‘qwerty’- the first six letter on the top left of a standard keyboard. They can do it for the profit, maliciously, for some unstinting purpose because they may find challenge in it. The people when they asked about the hacking and cracking, most of them don’t even know the exact meaning of these both terms. Many of them don’t even know anything or some may vice-versa it. The way in it employee in their real life might change completely the real meaning of the hacking and also give a false impression to the hackers. It is always said that having a “Little knowledge is more dangerous than having no knowledge at all”. It is rightly said by one India’s great master in the field of ‘hacking’ that few years back, they were the computer geeks who almost knew about everything of it and even also respected for such an wide knowledge. But now, the reputation of hackers day by day becoming down.
When ever they were asked about why these people are involving in these activities they said that it is because of social status. But I can’t be able to understand what kind of social status it is talking about. But after analysing what it is kind of mean then it is justified that it was about the defeatist act which is aversion in the eye of society. Even though hacking is not at all an offence but sending viruses for people means hacking.
Cyber Hacking is the one of the cyber crime which imply the criminal activities by using the computer, network, cyber space. In India, for such crimes is the Information Technology Act, 2000. But there are still some amendments are needed in the act like there about Cyber crime not justified and the crimes named ‘offences’ i.e. punishable by imprisonment or fine because section 66 talks about hacking and suddenly fluently talking about cracking and also it is very wide and misappropriation, therefore, possibility of misapplication. Some crackers over there who used to do this for their fun only that not countable in committing a crime. There is a term ‘trespass’ which means went to another property without the permission or any right with the criminal intention is called criminal trespass which laid down under section 441 of Indian penal code. It is applicable so that a one can enjoy their personal premises without any interruptions. But the question is that whether the website are property to apply this section on hacking. So, the website are basis of real property and this would relevantly applicable because the websites in itself is species of property. In Indian law, it has been clearly stated that criminal trespass is not enough to show the criminal intention of any person if he is knowing that knowledge of his act that could cause aggravation, therefore there is no binding rule for that presumption of natural consequences occur, if there is some other intention is shown i.e., problematic to deal with this interpretation on the internet.
There is also a liability of that crime as like in trespass, when the cracker just cracked the code or password it is to be taken in civil nature but if there is intention to harm had been showed it becomes of penal nature. Like, if a cracker done other crime as theft from bank it is also mentioned in Indian Panel Code under section 378 as a completely penalty liability.
It is applicable in our country as well. Their first case, concerned in lucknow in February, 2001 under section 66 .
There is also an interesting fact of IT Act that it is applicable to offences committed by any person in section 1(2). It also detailed in section 75 of the act which states that Indian court have jurisdiction on the act committed by anyone even outside the country also; for foreigners.
After all of these, I would like to conclude that there are so many delusion about the hacking. After even the people are not aware of it totally but it would like to seem that people are now start interesting in it. But it also has an adverse effect too as it can be used for the society or the against. Cracking can be taken as an offence but applicability of jurisdiction is a problematic due to the insensitiveness to local curb. It also posed for the new challenges for the legal world. That would make it difficult to create a bona fide shape to society.
Author: Prashanshu sharma,
Lloyd law college and 1st year /law