Cyber Crime (Part - 4)

Cyber Fraud and Cyber Cheating
Though both the terms look similar but have some differences between them due to purpose of using. Fraud is used to define civil cases where cheating is used to describe criminal offences. The terms cyber fraud and cyber cheating have not been defined but the terms fraud and cheating has been defined.

Cyber Fraud
Section 17 of the Contract Act, 1872 defined- “Fraud means and includes any of the following act committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party there to or his agent, or to induce him to enter into the contract:-

1. the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. the active concealment of a fact by one having knowledge or belief of the fact;
3. a promise made without any intention of performing it;
4. any other act fitted to deceive;
5. any such act or omission as the law specially declares to be fraudulent.

Explanation – Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.”

This definition of fraud in the law of the contract applies to civil and contractual relations between parties and has no applicability to criminal law. The definition of fraud and the modes described as fraud are also applicable to online contract.

Internet fraud is any type of intentional deception that uses the internet. Therefore when someone uses the social networking sites to get money or goods, etc. from people illegally by deceiving them is called cyber fraud by using social networking sites.

Cyber Cheating
The term cheating is used to describe criminal liability. Section 415 of the Penal Code 1860 defined cheating as follows:
“Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Explanation- A dishonest concealment of facts is a deception within the meaning of this section.”

This section only describes the definition of the term cheating. So it may be presumed that any kind of work which constitutes cheating. Cheating may be committed through internet or computer by using social networking sites. For the purpose of this section, cyber cheating may be defined as: whoever through the use of computer or internet and by deceiving any person, fraudulently or dishonestly induces the person so deceived

1. To deliver any property to any person, or
2. To consent that any person shall retain any property, or
3. Intentionally induces the person so delivered to do, or
4. To omit to do anything which he would not do or omit if he were not so deceived, and
5. Which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property is said to cyber cheat.

Section 416 of the said Code defined cheating by personation as follows:
“A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Explanation -The offence is committed whether the individual personated is a real or imaginary person.”

In the case of social networking sites, it would be cheating by personation when the person cheating intentionally will represent himself as another person to induce some other or believe to be as him.

Arena of Cyber fraud and Cyber Cheating on Social Networking Sites: Now-a-days online business using social networking sites have become a popular concept. Thus there has been created a vast option of entering into contracts via social networking sites like Facebook, different blogs etc. the most fraud and cheating activities are mostly connected with online shopping related pages or groups. These are:

1. Showing false sample of article and thereby inducing to buy the product
2. Taking advance money via mobile banking facilities e.g. Bkash and then refusing to deliver the product
3. Intentionally representing as someone else and taking benefit of such personation e.g. opening a new business page or group using the information or photos belonged to by another business page or group in order to deceive the customer or to induce them to believe it as the real page or group. Here he committed crime against both the customers and the real page or group owner.