Domestic UPI Frauds: Finance Ministry Presented Data in LokSabha

Introduction

The government has announced that the new criminal laws will come into force on 1st July 2024. The Union Government notified that three recently enacted criminal laws, viz. Bhartiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 will be effective from 1st July 2024.  The Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 have been replaced by these new criminal laws.

On 23 February 2024, the Ministry of Home Affairs Announced the Effective Date of new criminal laws as follows:

1. Bharatiya Nyaya Sanhita, 2023 Effective from 1-7-2024, except Section 106(2).
2. Bharatiya Sakshya Adhiniyam, 2023 Effective from 1-7-2024.
3. Bharatiya Nagarik Suraksha Sanhita, 2023 The provisions will come into force on 1-7-2024 except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule.

Section 106(2) Will Not Be Enforced

Truckers protested against this provision, which provides 10 years imprisonment and fines for those who cause death by rash and negligent driving of a vehicle not amounting to culpable homicide, and escape without reporting it to a police officer. As of now, the government has promised truckers and transporters that subsection 2 of Section 106 of Bharatiya Nyay Sanhita (BNS) will not come into force. This subsection deals with fatal hit-and-run cases and prescribes higher penalties for not informing authorities immediately after an accident. 

Section 106(2) of Bharatiya Nyaya Sanhita, 2023 read as follows;

106. Causing death by negligence.—

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of aterm which may extend to ten years, and shall also be liable to fine.

BHARATIYA SAKSHYA ADHINIYAM, 2023

The Bhartiya Sakshya Adhiniyam 2023 will replace the Indian Evidence Act 1872. The Act has undergone significant modification to maintain its fundamental principles for fair legal proceedings and adapt to technological advancements and changes in societal norms. This Act recognises electronic records as primary evidence under Section 57. It also allows the electronic presentation of oral evidence, enabling remote testimony and ensuring that electronic records will have the same legal effect as paper records.

Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the 1973 Code of Criminal Procedure, introducing certain modifications. This Act, under section 176, requires forensic investigation for crimes punished with seven years' imprisonment or more.  Section 530 of BNSS, 2023 is a newly inserted provision which envisages the use of electronic communication audio-video electronic means for trials, inquiries, proceedings, service and issuance of summons. Electronic mode is permitted for all trials, inquiries, and proceedings under section 173 of this Act. The concept of Zero FIR is also introduced under section 173(1) and mandates police stations to register the FIR, irrespective of jurisdiction.

Conclusion

India's new criminal laws are set to take effect on 1st July 2024. These laws modernise the country's legal framework, replacing outdated statutes and incorporating technological advancements. The concerns from stakeholders led to the withholding of enforcement of Section 106(2) of Bharatiya Nyaya Sanhita 2023. The new criminal laws aim to address contemporary society's complexities while upholding justice and fairness.

References

• https://www.indiatoday.in/india/video/new-criminal-laws-to-come-into-effect-from-july-1-2506664-2024-02-24
• https://www.lawrbit.com/article/ipc-crpc-evidence-act-replaced-by-new-criminal-laws/

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Introduction

In India, the population of girls and adolescents is 253 million, as per the UNICEF report, and the sex ratio at birth is 929 per 1000 male children as of 2023. Cyberspace has massively influenced the daily aspects of our lives, and hence the safety aspect of cyberspace cannot be ignored any more. The social media platforms play a massive role in information dissemination and sharing. The data trail created by the use of such platforms is often used by cyber criminals to target innocent girls and children.

On Ground Stats

Of the six million crimes police in India recorded between 1 January and 31 December last year, 428,278 cases involved crimes against women. It’s a rise of 26.35% over six years – from 338,954 cases in 2016. A majority of the cases in 2021, the report said, were of kidnappings and abduction, rapes, domestic violence, dowry deaths and assaults. Also, 107 women were attacked with acid, 1,580 women were trafficked, 15 girls were sold, and 2,668 were victims of cybercrimes. With more than 56,000 cases, the northern state of Uttar Pradesh, which is India’s most populous with 240 million people, once again topped the list. Rajasthan followed it with 40,738 cases and Maharashtra with 39,526 cases. This shows the root of the problem and how deep this menace goes in our society. With various campaigns and initiatives by Government and the CSO, awareness is on the rise, but still, we need a robust prevention mechanism to address this issue critically.

Influence of Social Media Platforms

Social media platforms such as Facebook, Instagram and Twitter were created to bring people closer by eliminating geographical boundaries, which is strengthened by the massive internet connectivity network across the globe. Throughout 2022, on average, there are about 470.1 million active social media users in India on a monthly basis, with an annual growth rate of 4.2 % in 2021-22. This represents about  33.4 % of the total population. These social media users, on average, spend about 2.6 hours on social media, and each, on average, has accounts on 8.6 platforms.

The bad actors have also upskilled themselves and are now using these social platforms to commit cybercrimes. Some of these crimes against girls and women include – Impersonation, Identity theft, Cyberstalking, Cyber-Enabled human trafficking and many more. These crimes are on the rise post-pandemic, and instances of people using fake IDs to lure young girls into their traps are being reported daily. One such instance is when Imran Mansoori created an Instagram account in the name of Rahul Gujjar, username: rahul_gujjar_9010. Using social engineering and scoping out the vulnerabilities, he trapped a minor girl in a relationship & took her to a hotel in Moradabad. The hotel manager raised the suspicion of seeing a different ID & called the Police, Imran was then arrested. But many such crimes go unreported, and it is essential for all stakeholders to create a safeguard regarding girls’ and women’s safety.

Legal Remedies at our disposal

The Indian Legal system has been evolving with time towards the online safety of girls and women. The National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW) have worked tirelessly to safeguard girls and women to create a wholesome, safe, secure environment. The Information Technology Act governs cyberspace and its associated rights and duties. The following provisions of the IT Act are focused towards safeguarding the rights –

• Violation of privacy – Section 66E
• Obscene material – Section 67
• Pornography & sexually explicit act – Section 67A
• Child pornography – Section 67B
• Intermediaries due diligence rules – Section 79

Apart from these provisions, acts like POCSO, IPC, and CrPC, draft the Digital Personal Data Protection Bill, Intermediary Guidelines on Social Media and Online Gaming and telecommunications bill.

Conclusion

The likelihood of becoming a victim of cybercrime is always growing due to increased traffic in the virtual world, which is especially true for women who are frequently viewed as easy targets. The types of cyber crimes that target women have grown, and the trend has not stopped in India. Cyber flaming, cyber eve-teasing, cyber flirting, and internet cheating are some new-generation crimes that are worth mentioning here. In India, women tend to be reluctant to speak up about issues out of concern that doing so might damage their reputations permanently. Without being fully aware of the dangers of the internet, women grow more susceptible the more time they spend online. Women should be more alert to protect themselves from targeted online attacks.

Introduction

A recent massive scam has been uncovered in the Indian state of Gujarat, where the Criminal Investigation Department (CID) has blacklisted 30,000 SIM cards that were used for illegal activities. The scam has created a huge uproar in the state, and its implications are significant. In this blog, we will discuss the details of the Gujarat scam and its impact on the state.

What is sim card fraud?

Sim card fraud occurs when someone uses a fake or cloned sim card to impersonate someone else. This allows the fraudster to gain access to sensitive information or conduct transactions on behalf of the victim. The use of fraudulent sim cards has become increasingly common in recent years, with scammers targeting individuals and businesses around the world.

The Gujarat Scam: The Gujarat scam involves the use of SIM cards for illegal activities such as extortion, blackmail, and cybercrime. The CID has identified that the SIM cards were obtained using fake documents and were used for illegal activities.  The scam has been happening for a while, involving several individuals, including businessmen, politicians, and government officials.

The CID has conducted raids across the state and has arrested several individuals involved in the scam. They have also seized a significant amount of cash, mobile phones, and other electronic devices used for illegal activities. The investigation is ongoing, and more arrests are expected in the coming days.

The Gujarat scam is not an isolated incident, as similar scams have been reported in other parts of the country. The Telecom Regulatory Authority of India (TRAI) has also reported that several telecom operators are not following the regulations and are not verifying the authenticity of documents used to obtain SIM cards.

Impact on the State: The Gujarat scam has caused significant damage to the state’s reputation, and it has also affected the economy. The scam has highlighted the lack of regulation in the telecom industry, and it has exposed the loopholes in the system that criminals are exploiting.

The blacklisting of 30,000 SIM cards will affect several individuals who may have obtained them legally but were unaware of their use for illegal activities. The blacklisting may also impact businesses that rely on mobile phones for their operations.

The scam has also raised concerns about personal information and data safety. With the use of fake documents to obtain SIM cards, it is evident that personal information is not secure and can be easily misused. The government needs to take steps to ensure that personal information is protected and that the telecom industry is regulated to prevent such scams from happening in the future.

Steps Taken by the Government: The Gujarat scam has prompted the government to take action to prevent such incidents from happening in the future. The government has announced that it will implement stricter regulations in the telecom industry to prevent the misuse of SIM cards. The government has also announced that it will introduce a system to verify the authenticity of documents used to obtain SIM cards.

The government has also urged citizens to be vigilant and report any suspicious activity related to the misuse of SIM cards. The government has assured citizens that it will take strict action against those involved in the scam and that it will ensure the safety of personal information and data.

The TRAI has also taken steps to address the issue. It has directed telecom operators to verify the authenticity of documents used to obtain SIM cards and to follow the regulations. The TRAI has also introduced a new system to identify and deactivate inactive SIM cards.

Here are some key takeaways from the Gujarat Sim scam: These takeaways should be kept in mind to prevent such incidents from happening in the future and to ensure the safety of citizens and businesses.

Need for Stricter Regulations: The Gujarat Sim scam has highlighted the need for stricter regulations in the telecom industry. The government needs to ensure that telecom operators follow the regulations and verify the authenticity of documents used to obtain SIM cards. This will help prevent the misuse of SIM cards and illegal activities.

Importance of Personal Information Security: The scam has raised concerns about personal information and data safety. It is important to ensure that personal information is protected and that the telecom industry is regulated to prevent such scams from happening in the future.

Impact on Reputation and Economy: The Gujarat scam has caused significant damage to the state’s reputation, and it has also affected the economy. The blacklisting of 30,000 SIM cards will impact several individuals who may have obtained them legally but were unaware of their use for illegal activities. The scam has also raised concerns about the safety of businesses that rely on mobile phones for their operations.

Need for Vigilance: The government has urged citizens to be vigilant and report any suspicious activity related to the misuse of SIM cards. It is important for citizens to be aware of the regulations and to report any illegal activities to prevent such incidents from happening in the future.

Strong Action Against Criminals: The blacklisting of 30,000 SIM cards and the arrests made by the CID sends a strong message to those involved in illegal activities that they will not be spared. It is important for the government to take strict action against those involved in the scam to deter others from engaging in such activities.

Conclusion

The Gujarat scam has exposed vulnerabilities in the telecom industry and highlighted the need for stricter regulations to prevent such incidents from happening in the future. The blacklisting of 30,000 SIM cards has sent a strong message to those involved in illegal activities that they will not be spared. The government’s efforts to implement stricter regulations and ensure the safety of personal information and data are commendable. It is now up to the citizens to be vigilant and report any suspicious activity to prevent such incidents from happening in the future.

The telecom industry plays a vital role in the country’s development, and it is important to ensure that it is regulated to prevent the misuse of its services. Overall, the Gujarat Sim scam has highlighted the need for stricter regulations, personal information security, vigilance, and strong action against criminals.

Reference:

https://timesofindia.indiatimes.com/city/ahmedabad/pre-activated-sim-cards-behind-phone-scamming/articleshow/98261346.cms

https://timesofindia.indiatimes.com/city/ahmedabad/cid-blacklists-30000-sim-cards-used-to-con-1-27-lakh-gujaratis-of-rs-815-crore/articleshow/98259398.cms