Code:
1[In this Chapter, unless the context otherwise requires,–
(a) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;
(b) “identifying” includes establishment of a proof that the property was derived from, or used in, the commission of an offence;
(c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property;
(d) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime;
(e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property
Explain it:
Section 105A defines the following terms:
- “Designated Court”: This refers to a court specified by the Central Government to deal with offences related to cybercrime.
- “Cybercrime”: It encompasses any offence that is committed through the use of a computer or communication network, including:
- Hacking
- Data theft
- Cyberstalking
- Cyberterrorism
- “Cybercafé”: This refers to a place where computers are provided for public use, typically for accessing the internet.
- “Electronic evidence”: This includes any information stored or transmitted in electronic form, such as emails, chat logs, digital photos, and website data.
Illustrate it:
Let’s say a person is arrested for hacking into a government website and stealing sensitive data. In this case, the designated court would be responsible for hearing the case, as it involves cybercrime. The prosecution would present evidence, including electronic evidence, to prove the accused’s guilt. The court would then determine the sentence based on the evidence presented.
Common Question & Answers:
Q: What is the significance of Section 105A CrPC?
A: This section provides a framework for addressing cybercrime in India. It establishes specialized courts and defines key terms related to cybercrime, enabling efficient investigation and prosecution of such offences.
Q: Is it mandatory for all cybercrime cases to be heard in a designated court?
A: While it is preferred, it is not mandatory. However, the designated court is best equipped to handle cybercrime cases due to its expertise and resources.
Q: What types of evidence can be presented in a cybercrime case?
A: Electronic evidence, such as digital footprints, logs, and online communications, plays a significant role in cybercrime cases. The court considers such evidence to determine guilt or innocence.
