According to Mendelsohn’s view of victimology, “… the study of the etiology (or causes) of victimization, its consequences, how the criminal justice system accommodates and assists victims, and how other elements of society such as the media, deal with the crime victims.” The widespread use of computing and networked devices worldwide, such as computers, PDAs, and cellular phones, has brought about significant technological advancements. The rapid advancement of information technologies (IT) has revolutionized the way we work and function as a society. Unfortunately, there are always going to be ways for technology to be misused or even harmful. It is undeniable that the increasing prevalence of cybercrime has had a profound impact on society, given our heavy reliance on computer technology in various facets of life. Due to the rise in cybercrime, individuals are being victimized in multiple ways. Despite the significant attention given to the impact of cybercrime on human life in legal and social discussions, cyber criminology has not received much importance in legal and academic discourses. Victimology, therefore, needs more recognition in order to be understood and applied by the stakeholders for the sake of the victims.
Cyber Crime
The term “cybercrime” is an umbrella term that encompasses all forms of unlawful activity and damage caused by computers, portable electronic devices (PDAs), and mobile phones that can communicate to the Internet. A definition that is marginally more technical would be ‘‘use of computers or other electronic devices via information systems such as organizational networks or the Internet to facilitate illegal behaviors’’ (McQuade, 2006).
The term ‘‘cybercrime’’ is sometimes used synonymously with technological crime, high technology crime, high tech crime, economic crime, Internet crime, digital crime, or electronic crime, among other labels used by people to describe crime committed with computers or other IT devices.
Concept & meaning of victims
Victims have been recognized since ancient times in various societies. The concept was associated with the notion of sacrifice. In its original sense, a victim was someone or something offered in a religious ritual to please a supernatural force or deity. Over time, people have given the term additional meanings. In the realm of law, the term “individuals” is frequently employed to refer to individuals who have undergone injuries, losses, or hardships, irrespective of the cause. People can face difficult situations caused by accidents, natural disasters, diseases, or social problems such as warfare, discrimination, political witch hunts, and other types of injustice. Damage is inflicted upon these victims as a result of illegal activities.
The UN Convention on Justice and Support for Victims of Crime and Abuse of Power defines the victims in Article 1 as
“(1) ‘Victims’ means natural persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering or economic loss or violations of fundamental rights in relation to victimizations identified under ‘scope’.
(2) A person is a victim regardless of whether the crime is reported to the police, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and victim. The term ‘victim’ also includes, where appropriate, the immediate family or dependents of the direct victims and persons who have suffered in intervening to assist victims in distress or to prevent victimization.”
Section 2 (wa) under the Code of Criminal Procedure, 1973, “Victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir.”
Here, we are specifically addressing individuals who are being victimized on a daily basis through various digital platforms.
Concept of cyber-Victimization
The concept of cyber victimization emerged with the rise of cybercrime. A victimization relationship is one in which one party is at a disadvantage while the other party experiences abuse, suffering, destruction, exploitation, and injustice. While committing a crime, criminals may manipulate their victims into acting out roles that are similar to those of master and slave, winner and loser, champion and defeated, or predator and prey. Victimization in all its manifestations has been considered unlawful throughout history. These acts encompass various forms of oppression and exploitation, including sexual assault, theft, and deceit. Nevertheless, each of these methods of victimization could be classified as conventional victimization.
The broader scope of victimization was expanded with the advent of Internet technology. In today’s digital age, cyberspace has emerged as the preferred and convenient platform for individuals to communicate. Due to the significant expansion since the millennium, there has been a notable rise in internet-related crimes over time. The crimes encompassed by this category include those that involve machines, such as card fraud and cloning, as well as those that occur within interpersonal and social media settings, such as cyberbullying, trolling, stalking, online grooming, sexting, crimes related to sextortion, online gender violence, etc., and organized cyber-crimes, such as cyberterrorism, child porn, copyright violations, etc. These types of cybercrimes lead to cyber victimization.
Types of cyber victimization
There are three types of victims of cybercrimes, according to research: the State, companies, and common individuals. There are different ways that these three types of victims can be targeted by criminals. Some of them will be talked about here. The following are some of these:
1. Hate and misogynist speech on cyberspace
The virtual environment is designed to allow users to communicate and convey their emotions through written words, audio-visual content, and various types of images. As a result, the right to freedom of speech has been extended to a point where it has been abused by certain individuals in cyberspace, resulting in harm to various groups such as minority communities, women, LGBTQ individuals, and children. Frequently, this has resulted in the proliferation of online extremism and the exacerbation of terrorism.
The repercussions of such misuse of the right to speech are evident in instances of cyber-bullying, trolling, and harm to individuals’ reputations, particularly women. The rise of online racial abuse has had a significant impact on individuals from Asian, African, and other backgrounds who have chosen to immigrate to Europe, Australia, or the United States in search of improved living conditions. Studies on online speech have revealed that individuals from diverse professions, including public figures, can be impacted by such discourse.
Deliberate expressions of hate or misogyny can severely harm the reputation of the targets, making it challenging for them to quickly recover from the damage. It has the potential to significantly impact the victim’s career opportunities and relationships.
Even though cyberbullying has been recognized as a distinct form of speech offense, it should be examined in the context of online hate speech. Bullying can take place between individuals and may be directed towards a particular group. However, given the nature of cyberbullying, it could potentially fall under the category of hate speech.
On the other hand, trolling indicates a malicious desire to draw attention to one’s own views rather than being a kind of hate speech. However, this type of expression does not fall under the category of free speech, particularly when the act of trolling can result in significant harm to the individual affected. There have been numerous reports indicating that companies that offer platforms for speech and expression can be held responsible for increasing victimization. This is because they have their own policies in place to manage and regulate content.
- Legal safeguard
Under article 19 of the Indian Constitution there are mention reasonable restrictions on freedom of speech, people can get remedies under Article 32 and 226 of the Indian Constitution respectively before The Supreme Court and any High Court .
There are some other statutory remedies mentioned below:
Sections 153A and 153B of the IPC: Punishes acts that cause enmity and hatred between two groups.
Section 295A of the IPC: Deals with punishing acts which deliberately or with malicious intention outrage the religious feelings of a class of persons.
Sections 505(1) and 505(2): Make the publication and circulation of content which may cause ill-will or hatred between different groups an offence.
Section 8 of the Representation of People’s Act, 1951 (RPA): Prevents a person convicted of the illegal use of the freedom of speech from contesting an election.
Sections 123(3A) and 125 of the RPA: Bars the promotion of animosity on the grounds of race, religion, community, caste, or language in reference to elections and include it under corrupt electoral practices.
2. Privacy violation-related victimization for ordinary individuals
Privacy is a key concern when it comes to cyber victimization for individuals. Privacy should not be limited to data privacy as defined by stakeholders, like the European Union General Data Protection Regulations. Privacy encompasses various aspects, such as the protection of personal data and bodily autonomy. Privacy violation can be linked to various forms of victimization in cyber-crime.
2.I.a Financial frauds and hacking :
When discussing cyber-crimes targeting everyday individuals, the immediate concern is typically economic fraud.
Since the growth of e-commerce, the reliance on online transactions, online banking, and e wallets has skyrocketed. The highest surge was seen during the COVID-19 lockdown in 2020.( as per debarati Haldar)
Although this may be classified as an economic fraud, con artists targeting regular people, regardless of gender, may target them with romance, employment, lottery, gift, or advance fee scams; they can even use phishing assaults that use ruses such posing as someone who is broke and needs aid in a foreign country. In the majority of these fraudulent situations, victims are often held responsible for their avarice in seeking immediate financial gain and their lack of awareness about safety warnings that may have been disseminated by governmental and non-governmental entities.
Multiple studies have indicated that individuals who fall prey to economic frauds are frequently young individuals seeking employment or quick financial gains. Additionally, women may also be targeted as potential victims. Although sexual offences primarily target young women, women aged 30 and above, including widows, single women, and divorcees with young children, may become victims of romance scams. These women are searching for trustworthy and caring male partners who can offer them not only financial stability but also love and affection for themselves and their children. Elderly individuals, regardless of their gender, are particularly vulnerable to financial fraud. Some retired pensioners and senior citizens, who may not be well-versed in digital practices, might unknowingly disclose their banking information to scammers either over the phone or at ATM kiosks, mistakenly believing that they are receiving assistance. Financial frauds can also occur through the unauthorized access of personal data and devices belonging to the victims.
2.I.b Legal Safeguard
Under section 66C of IT act states that A person fraudulently uses the password, digital signature or other unique identification of another person. Imprisonment up to three years, or/and with fine up to ₹100,000.
And section 66D of IT act states that, If a person cheats someone using a computer resource or communication. Imprisonment up to three years, or/and with fine up to ₹100,000.
2.II.a Cyberstalking
Women and girls are often seen as the most susceptible targets of cyberstalking, a form of harassment that entails monitoring both online and offline actions of the victims. Cyberstalking entails the infringement of privacy. The stalker typically attempts to monitor the actions of the victims by gaining unauthorized access to their personal devices, email accounts, or social media profiles, or by enlisting someone else to monitor the victim on their behalf. The objective of the stalker is to instill fear in the victim, leading them to comply with the stalker’s requests. Cyberstalking can lead to the dissemination of explicit content without consent, unauthorized access to personal data, or even physical harm to the victim.
2.II.b Legal safeguard
There is no specified section regarding cyberstalking. However, section 354D of IPC will be applied in this case.
2.III.a Child online sexual exploitation
Child online sexual exploitation cases often involve privacy violations. The number of teenagers using the internet is growing at a fast pace. Additionally, there has been a significant rise in online engagement among adolescents, with app developers introducing a multitude of online games.
During the COVID-19 pandemic, there has been a rise in the utilization of online classes for children. Parents were compelled to grant children nearly unrestricted internet access due to the necessity of using it as a means to keep them occupied while they worked. The combination of these factors has significantly heightened the risk of children’s privacy being violated.
In addition, there are various organized groups that have been operating online child trafficking operations using images of children found on the internet. There have been frequent claims that parents and children themselves have made these images and information accessible due to their tendency to share excessive personal information on various online platforms, such as Instagram.
2.III.b Legal safeguard
If a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child into a sexual act. A child thus defined as anyone under 18.
Punishment : Imprisonment up to five years, or/and with fine up to ₹1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to ₹1,000,000 on second conviction under section 67 B Of IT Act 2000,
Also can cover section 370 of IPC where :rafficking any minor, punishment will be imprisonment of not less than 14 years but which may extent to imprison for life and with fine, non-bailable,
trafficking of more than one minor punishment imprisonment of not less than 14 years, but which may extent to imprison for life and with fine, non-bailable,
Section 11 of POCSO Act states that any person who passes any sexual remarks, or makes any gestures with an object or part of the body or makes a child do so or anything that involves sexual intent shall be termed to have perpetrated sexual harassment. The punishment for such activity stated under Section 12 is imprisonment of up to 3 years and also a fine.
2.IV.a Revenge porn and non-consensual image sharing
Revenge porn and non-consensual image sharing may appear to have similar meanings. However, in reality, these two things are distinct. Both compromise the privacy of the victims, particularly women. However, when it comes to revenge porn, individuals who seek revenge may choose to share personal images of the victim as pornographic material to satisfy their personal anger and desire for revenge. Sharing images without the owner’s consent or personal identifiable data is commonly referred to as non-consensual image sharing. However, not all instances of sharing non-consensual images can be classified as revenge porn. On numerous occasions, photographs of ordinary individuals have been taken without their knowledge and then shared on various online platforms.
The unauthorized sharing of private photos or voyeuristic pictures of famous people for financial gain is a serious problem online. Various methods can be used to invade privacy, such as unauthorized access to the personal profiles of both famous and ordinary people, resulting in the unauthorized use of their images. Non-consensual image sharing can involve taking pictures of someone without their consent using various devices like mobile phones, spy cameras, or even drones. These images are then shared or sold on online platforms for financial gain. It is concerning to observe a significant rise in the utilization of such methods to capture images of individuals in private settings, with the intention of later harassing them.
2.V.a Reputation damage
Instances of privacy violations, such as unauthorized image capturing and sharing, revenge porn, hacking, and doxing, can have severe consequences for the victim’s reputation both online and offline. Many privacy breaches are carried out by perpetrators, particularly in cases of interpersonal criminal activities, with the intention of damaging the victim’s reputation. Think about the instances of revenge porn: when someone posts that kind of content online, it can have a direct effect on the victim’s reputation in the professional world. Expressions of hatred or the act of revealing personal information can have severe consequences on a person’s social standing and even pose a threat to their physical safety.
2.V.b Legal Safeguard
Section 67 of IT Act states that, Publishing information which is obscene in electronic form, will be punished, Imprisonment up to five years, or/and with fine up to ₹1,000,000,
Defamation is addressed in Section 499 of IPC, while Section 500 outlines the punishment for defamation. It states that individuals who defame others may face simple imprisonment for up to 2 years, a fine, or both.
Closing Remark
Based on the previous discussion, industries, common individuals are heavily relying on computers for fund transfers and process numerous business transactions on a daily basis. With the rise of technology, the chances for computer criminals to partake in unlawful activities have also increased, posing a threat to the safety of individuals and organizations whenever a computer is powered on. There are various types of victimization on the internet that are often referred to as victimless crimes. These may involve activities such as sexting, certain phishing crimes, and more, where individuals may unknowingly become involved in criminal networks. Just like a data scientist, the criminal justice machinery may choose to overlook these victims, point fingers at them, or view them as offenders due to the lack of evidence supporting their claims of victimhood.State parties should prioritize the development of their legal and cybersecurity infrastructure in a manner that is accessible and supportive for victims. Ensuring justice for victims also involves safeguarding the well-being of witnesses and those who have been harmed. It is crucial for state parties and international stakeholders to take necessary measures to prevent and protect victims of cyber-crimes from experiencing further victimization, which can be caused by the anger and vengeful attitudes of the offender/s. Additionally, it is crucial to ensure the safeguarding of their data against any further misuse. Enhancing victim justice requires providing comprehensive training to victim assistants to effectively address the complex and unprecedented challenges posed by cyberspace.
It is important to continue raising awareness to prevent the victimization of specific groups of individuals. However, such awareness’s impact has to be refreshed on a regular basis. In order for States to stop further victimization, victims of cybercrimes must be given a voice and understanding of their experiences.