RTGS - Online Fraud - Part 2
Introduction:
In the previous Blog RTGS – Online Fraud (http://cybercrimevigilance.blogspot.in/) we came across the news of siphoning of ` 1 Crore through RTGS by cyber thieves from the account of a cosmetics company and its aftermath.
Now we are informed by various media that the main kingpin was also arrested from Delhi/UP along with others involved in the huge theft. Refer the below links for detailed news.
http://articles.timesofindia.indiatimes.com/2013-03-12/mumbai/37650548_1_bank-e-fraud-bank-account-current-account
Till this time, the Police had done a stupendous job by arresting all those involved by following an arduous virtual & physical trail – A job well done.
Challenges Faced:
Now the real challenge is of giving justice to the victim and taking appropriate action against the wrongdoer.
Let us imagine what kind of process, the law enforcement officers might have to follow in a cyber-crime case and this will throw light on the work involved to get justice in these cases.
- Locating the offenders physically through various means. May take months and years on case to case basis.
- Then getting the correct information from the arrested person to proceed further in the case is the next big step.
- In the process, if the offender resides in other states of India then formalities are involved in taking the help of local police of that state. If the offender resides in another country that too if in enemy country then it will become very painful for the police.
- Taking the offender/criminal in to police custody and then to jail.
- Confiscating the devices used in the crime i.e. Computer, Mobile phone, SIM card, Printer etc. Let us call it "Device" for our simplicity.
- Proper method to be followed for confiscation of Device.
- If proper method is not followed then the evidence will get erased/distorted and the case will stand weak in the court.
- Once, properly confiscated, the physical safety of the Device becomes necessary. It also needs to be protected from magnetic fields etc. and to be preserved in a special case.
- Then the Device needs to be sent to Government Forensics Laboratory to collect electronic evidence. These need to be examined by the “Examiner of Electronic Evidence”.
- This case will also come under Information Technology Act apart from other sections of IPC and Cr. Pr. Code.
- Drafting case papers against the offenders/criminals is a big task and requires experience and craftsmanship to include every minute detail and highlight the right point.
- Then the court hearing will follow leading to long drawn battle.
- In the meantime the wrongdoer may apply for bail and may sometimes go scot-free if timely action is not taken or electronic evidence is not maintained till the court proceedings.
- The offender/criminal may also contest in the court of law with regard to authenticity of the electronic evidence provided by the police. Then again it will take time to prove otherwise.
Victim’s Fate:
In the above process, the victim from whose account/s the money is stolen makes numerous visits to Police stations and advocates and also suffers from mental agony apart from financial loss.
Various Legal Sections:
Now in this case, the Police have booked accused under IPC sections 34 (common intention), 419 (impersonation ) and 420 (cheating), and under IT Act 66 (C) (identity theft) and 66 (D) (impersonation by using computer resource). (Source: TOI news http://articles.timesofindia.indiatimes.com/2013-02-03/mumbai/36720927_1_account-holders-current-account-mulund)
No further news on this case:
There is no further news about this case and we the general public are still in dark about the progress on the case. This way common man will not have much faith in the judicial system or the Government if offences/crimes like this goes unsolved/unpunished.
Repeat offender/criminal:
There might be at least one seasoned criminal in such technical cases as it requires management of manpower, money and technical knowledge and connections with other criminals.
In the case in question, the accused had got the know-how from Nigerians, sent Trojan mails to 5,000 people and kept a watch on his potential victim/s online activities. Further, the kingpin befriended 4 close aides from Tihar Jail and Mumbai in 2007 & 2008 during his arrest and also wanted by Economic Offences Wing of New Delhi. In 2011 he came out of Jail and again started his fraudulent activity. (Refer link for details: http://articles.timesofindia.indiatimes.com/2013-03-12/mumbai/37650548_1_bank-e-fraud-bank-account-current-account)
Need for Swift Action and/or Stricter Detterence:
Now the question is whether the law provides stricter deterrence/punishment to the repeat offender/s or not. Even when the accused was in jail, his mind was still not filled with remorse of wrong doing instead befriended other criminals/offenders/accused in jail to carry out another crime when released from jail and he did it again. This indicates the liniency in our law or implementation of the law which does not deter the criminals from repeating the offence.
Need Government’s Will:
Will Govt. of India review the IT Act, or other related acts and come out with a stricter rules/deterrence or rehabilitation plan for such criminals to combat cyber-crimes?
If swift action is not taken against such offenders/criminals, then they may graduate to become cyber-terrorist and act against the interest of our Nation.
