By Shuchita Thapar
The National Crime Records Bureau released their annual “Crime in India” report for the year 2015 earlier this year. This post analyses the trends in cybercrime traced through the report.
The National Crime Records Bureau (“NCRB”) released their annual “Crime in India” report (“NCRB Report, or “Report”) for the year 2015 earlier this year. The report tracks statistics for various types of crimes across India, and provides useful insight into socio-legal trends, as well as problems being faced by law enforcement agencies in the country. This post seeks to review the findings of the report in relation to cybercrime in the context of issues facing crime deterrence and law enforcement in the country.
The NCRB has been tracking statistics relating to cybercrime since their 2014 report. Based on other trackers, between 2011 and 2015, the country witnessed a surge of nearly 350% in cybercrime cases reported. However, despite an increasing number of cases being reported, conviction rates remain very low. For example, Maharashtra saw only a single conviction in 2015 despite over 2000 cases being registered. While it is true that convictions are not generally related to the cases filed in the same year, low conviction rates are generally indicative of high pendency of cases, as well as an underdeveloped architecture of investigation and deterrence.
The NCRB Crime in India Report 2015
The NCRB Report tracks, in their cybercrime chapter, cases filed which are linked with the use of the internet and IT enabled services. Under this broad categorisation, the report seeks to trace (amongst other things) patterns of cases reported, cases pending, arrest rates, conviction rates, and offender demographics. A total of 11,592 cybercrime cases were registered in 2015, representing an increase of approximately 20.5% over the previous year. These include offences registered under the Information Technology Act (“IT Act”), as well as related sections of the Indian Penal Code and other special or local laws. Uttar Pradesh had the highest rate of reportage of such crimes, followed by Maharashtra and Karnataka.
The majority of the cases (6567) were registered under “Computer Related Offences”, which involve cases registered under Sections 66 to 66E of the IT Act. These include offences such as ‘sending offensive messages through a communication service’ (Section 66A), ‘dishonestly receiving stolen computer resource or communication device’ (Section 66B), ‘identity theft’ (Section 66C) and others. It is interesting to note that despite Section 66A being struck down last year by the Supreme Court in the Shreya Singhal case, convictions under the section have risen, and in some instances new cases have also been filed. Under the IPC, the majority of cases filed were relating to cheating, involving over 65% of the total cases filed.
A total of 8121 persons were arrested during 2015 in relation to cybercrime offences, representing a 41.2% increase over 2014. The maximum number of persons arrested were in Uttar Pradesh. However, tracking the persons arrested may not be the most useful metric, because it does not represent the number of cases that were brought to successful completion. In fact, only 250 persons were finally convicted under the IT Act and 20 were convicted under the IPC.
Over 14,000 cases registered under the IT Act were investigated in 2015, including over 6000 pending cases. At the end of the year, over 8000 cases remained pending for investigation. 2396 cases were charge-sheeted in 2015, and 4191 cases were pending for trial. Trials were completed in 486 cases, with 193 ending in conviction. 5,094 cases under the IPC were investigated in 2015, with over 1600 being pending cases from the previous year. 710 cases were charge-sheeted in 2015, and trials were completed for only 53 cases. In cases registered under the IPC, over 3600 cases remained pending for investigation at the end of 2015 – the majority of these cases related to forgery and data theft. It is clear that the pendency of cases is not only high, but increasing, although the NCRB report does not offer any potential reasons.
In terms of offender demographics, the majority of persons arrested fell within the 18-30 age bracket – over 65% of the arrestees under the IT Act, and 55% of the arrestees under the IPC are within this category. However, the NCRB report does not track other demographic statistics, including gender and socio-economic status.
The largest section of arrestees were characterized as ‘business competitors’, followed by ‘neighbours/friends/relatives’. The vast majority of persons arrested were Indian nationals, with only 4 foreign nationals being captured. Given the rising number of cyber incidents stemming from abroad, it is clear that the existing cyber law framework may be insufficient to tackle transnational cyber crime.
The NCRB report highlights the fact that problems that have plagued most areas of the Indian criminal justice system continue to be issues in relation to cybercrime. These include high pendency of cases, low conviction rates and low reporting. These problems are exacerbated by rising usage of information technology resources with limited knowledge of good cybersecurity principles. Experts have also suggested that the Indian ecosystem around cyber policing is simply not equipped to secure convictions, because of an inadequately trained police force, limited technical resources, low co-ordination between the public and private sector, and an unequipped judicial system.
The Supreme Court of India has taken suo moto cognizance of the issue after a letter written by Hyderabad-based NGO Prajwala pointed out that 9 videos of sexual assault were being circulated on WhatsApp. After a CBI probe was ordered into these instances, the Centre also set up an expert group to formulate appropriate means to tackle growing cybercrime in India. Following this, the government agreed to take various steps, including the establishment of a National Cyber Crime Coordination Centre (“NCCC”) in order to focus on cybercrimes and national security issues and ensure appropriate communication between agencies. Reports have suggested that Phase I of the NCCC will be live by March 2017. It has also been agreed that cybercrime complaints can be filed online without the necessity of visiting a police station.
There have also been other steps taken, including the establishment of cyber labs promising additional technical, and increased emphasis on international co-operation. It is to be hoped that these measures will go a long way towards assuaging the policing problems currently facing cybercrime in India.
Shuchita Thapar is a Project Manager at the Centre for Communication Governance at National Law University Delhi