The write up highlights the impact of cyber crimes or terrorisms on the criminal justice system all across the globe. In this contemporary world, the usage of the internet and cyberspace is increasing good criminal lawyer in bangalore rapidly with time. The advantages of this cyber world are enormous and it has become necessary as per the dynamic scenarios and requirements. The benefits come along with certain costs and drawbacks. With the increasing usage of computers and internet, cyber crimes are also increasing day by day.The Crackers (Hackers with malign intention) use to gain unauthorised access to the system he wants to breakin and he stops, destroys or gains information with malicious intentions.
Cyber crimes are of various types, in most cases the intruder hacks the system of any individual, company or government etc. and damages or misuse the critical information for his own benefit. Since cyber networks are globalised and the realm of the cyber world is edgeless, problems arise here because criminals may or may not be from the same nation. These problems can be impenetrable for the governments, judges, prosecutors & the police of concerning nations where crime has taken place and the place which is affected by the crime and the place from where the crime is routed.
The criminal justice system
The criminal justice system mainly consists of:
Jurisdictional Courts
Prosecutors and defence lawyers
Law enforcing officers i.e., Police (cop).
Agencies detaining and supervising offenders, such as prisons and probation agencies.
Apart from these law-enforcing bodies, the main component to give judgement is based on concerning enforced law relevant to the case.
In India cyber crimes are covered and regulated by two majorly enforced laws i.e. Information and Technology Act, 2000 and Indian Penal Code, 1860. However in 2008, The IT Act 2000 was amended to include a more specific and outline definition of cyber crimes and charges punishments accordingly. However several amendments were also made in Indian Penal Code 1860 and Reserve Bank of India Act. Many bank related frauds and crimes are also common and rising daily due to the increasing use of online banking services and e- commerce. Any police officer not below the rank of Inspector authorised by the Central government has power to enter and search any public place and arrest without warrant the suspected person who has committed or of committing or being about to commit a crime.
These above mentioned laws are the basis of decisions to decide whether the accused is innocent or guilty. To give justice to the victim of crime related to the cyber world is quite complicated, in this case guilty can be from anywhere from the world, which is beyond the limits of local or national jurisdictional bodies to arrest or detain the accused easily. Definitely if the case involves a victim or guilty of outside the national boundaries then in both cases the government of that nation is also needed to be involved along with its law enforcing agencies and bodies and prevalent law regarding the crime of those nations.
Problems become more complex when crime is routing through the jurisdiction of multiple nations. In those cases it becomes difficult to decide which country law will be applicable on the accused to prove him guilty. Jurisdictional laws and cyber laws of different nations are different so to grab the accused, it is necessary to have internationally skilled personnel having apt knowledge and expertise of different nation’s legal and cyber laws. To find such competent personnel is like finding water in the desert.
Another issue is that concerning governments of the case should have amicable foreign relations to solve the case at ease. The crime cyber world is so intangible sort of in which it is challenging to provide evidence to prove the guilt of the accused. Many times the traces of crimes are proficiently eradicated by the criminal using sophisticated tools and techniques. Such situations are troublesome for the concerned jurisdictional system to solve the case.