Gangtok: November 22, 2011

Cyber crime in Sikkim is taking its slow foot steps ahead using various means. So far four cases have been registered under the cyber crime cell but no arrests have taken place and the cases registered are still under investigation.

Cyber crime stands for illegal activities done solely using computers resources or conjunction with the traditional means like using computer resources and communication devices as tools to commit conventional crime, which is an offence under section 2 of Information and Technology Amendment Act 2008.

The penal provision of the offence on cyber crime is charged under section 66 of IT Amendment Act 2008 and above. The cyber crimes that can be convicted for are hacking, DOS attack or distribution, spreading of virus, website defacement, spoofing, skimming, spamming, data theft, data modification, espionage on
protected system, identity theft and misuse, bullying , stalking, cyber terrorism and any other illegal activities using computers, electronic devices or communication.

The crime is very hard to detect and needs the help from ethical hackers along with adequate tools. Experts advices play a very important role during the courts procedure but in state till date no forensic science laboratory or any experts in any field is available in the state. The state police since ages have been taking
the help of the forensic science laboratories from outside state to avail authentic evidential proofs to convict the criminal in the court of law. The lack of experts, technocrats or the laboratory in state has been delaying the proceeding of numerous cases is also learnt.

Furthermore a separate police station exists under cyber crime cell in numerous states, where the officials designated are experts in the fields. Whereas in case of Sikkim no such facilities or designated official are so far enrolled. For the state it requires ethical hackers from outside which are time consuming process.

Cyber crime in today’s era is a vulnerable offence and is spreading like wild fire across the globe where Sikkim cannot be considered untouched. The cyber café operating across state are the most vulnerable source of carrying out such criminal activities and keeping in mind the vulnerability of the cyber crime the protective measures has also been initiated in state under Sikkim IT Rules 2009 where the guidelines are incorporated for the cyber café operators, owners to follow strictly to avert any cyber crime to take place in state. Under
section 4 A of IT Act the license issuance procedure is covered and in case of violation, default of any guidelines as enforced by the authority, the offender is liable to be penalized with a penalty amounting to Rs. 10,000 for each offence commenced.

The trade license issuing authority for the operation of cyber café in state is the Urban Development and Housing Department (UD&HD) whereas the cyber crime cell acts as a monitoring authority and NOC provider. But so far the UD&HD is not able to place the list of cafes operating in the state. Likewise the Department of Information and Technology is the authority to monitor, generate awareness amongst the owners of cyber café or the commune which even lacks in state presently. The enforcement of acts or laws in checking criminal activities is not only the way but as of now the generation of awareness amongst the masses is important to avert any severe incidents in state near future in any field.

Furthermore the newly recruited officials in the police department having the knowledge of the modern technology , high-tech technology like computers or its resources has to be imparted training in the sector to control the spreading of cyber crime in state, in near future.

 

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