The Psychology Of Cyber Crime In India: A Doctrinal Study On The Motivation And Behaviour Of Cyber Criminal

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Author(s): Sunita Khan

Paper Details: Volume 3, Issue 5

Citation: IJLSSS 3(5) 26

Page No: 203 – 266

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ABSTRACT

The researcher in this doctrinal study explores the psychology of cybercriminals focusing on their motivation and behaviors. Cybercrime has become an increasingly pervasive issue in the digital age, with a growing number of individuals falling prey to various forms of online criminal activities. Understanding the psychological drivers behind cyber-criminal behaviour is crucial for developing effective prevention and intervention strategies.  This study highlights the key factors influencing cybercriminal behaviour and the psychological traits. The researcher also investigate how cybercriminal motivations and behaviours are shaped by their socio-economic environments, technological advancement and law enforcement efforts. In conclusion the researcher provides insights into complex nature of cybercriminal psychology understanding the need for the comprehensive approach to addressing cyber criminals. The researcher gave some recommendation suggestion and security measures which helps in law reform and    cybercrime investigation and developing deter in the mind of cyber criminals.

CHAPTER 1: INTRODUCTION

1.1 BACKGROUND OF THE STUDY

In an increasingly globalized world, cybercrime has emerged as one of the biggest challenges facing the world, affecting people, businesses, and governments. From identity theft and data breaches to online fraud and cyberbullying, the scope of cybercrimes continues to widen in magnitude and complexity. While considerable scholarly and legal focus has been placed on the technical and legal aspects of cybercrime, the psychological foundations that drive people to engage in such activities have so far remained fairly under research in law field. However, cybercrime do not happen in a vacuum; they are usually the outcome of multifaceted psychological, social, and environmental factors, such as anonymity, felt impunity, cognitive distortions, thrill-seeking, and even psychopathology.

This study attempts to close the gap between cyber law and criminal psychology through doctrinal legal analysis augmented by psychological theory. It aims to examine how thinking, personality, motivations, and behavioural tendencies make their respective contributions to the perpetration of cybercrimes like hacking, cyber stalking, online deception, and digital harassment. In analysing the psychological motivations for cybercrimes, this research hopes to strengthen the comprehension of legal systems, guide preventive measures, and aid more successful enforcement and rehabilitative policies. In many cases, perpetrators may be motivated by a desire for control, recognition, revenge, thrill-seeking, ideological commitment, or financial gain. Others may suffer from personality disorders, exhibit anti-social tendencies, or be influenced by peer dynamics in online communities. Ultimately, the incorporation of psychological insights into legal discourse may not only advance the interpretation and application of cyber legislation but also reflect a more balanced approach to justice in the era of cyberspace.

1.2 RATIONALE AND IMPORTANCE OF THE STUDY

The researcher could focus on understanding the psychological drivers, such as age, power, revenge, thrill seeking behind cybercrime and explore how motivations differ across types of cybercrimes such as hacking, fraud, ransomware etc. Finding common behavioural patterns of cyber criminals and investigate ole of personality traits in cyber-criminal behaviour to improve prevention and intervention strategies.

The main importance of the study is:

  • By understanding cybercriminal motivations and behaviour, better prevention must be taken.
  • The study could gave a better understanding of criminal behaviour common in cyber criminals which may help in law reforms.
  • The main findings of the study guide policymakers in creating effective laws and regulations to deter cybercrime.

1.3 RESEARCH OBJECTIVES

The primary objective of this research is:-

  1. To identify the psychological motivations and factors that drive individuals to engage in cybercrime.
  2. Analyse the role of psychological factors in the perpetration of cybercrime.
  3. To find the impact of cybercrime on victims and society.
  4. To propose preventive strategies and policy recommendations based on a psychological understanding of cybercrime.

1.4 RESEARCH QUESTIONS

The researcher in this study gave answers to some of the research questions:

  1. What are the primary psychological motivations behind individuals’ involvement in cybercrime?
  2. What are the common behavioural traits and profiles of cybercriminals in India?
  3. How do psychological disorders or mental health conditions relate to cybercriminal activity?
  4. What psychological effects (e.g., anxiety, depression, PTSD) do cybercrimes have on individual victims?

1.5 METHODOLOGY AND SOURCES OF DATA

The study adopts a Doctrinal research methodology, primarily relying on Library based analysis of legal and psychological literature, Statutes, case laws and commentaries. It is an analytical and theoretical study, aimed at understanding the psychological motivation behind cybercrime and its legal and social impact.

The sources of data on which the research is relying on are:

  • Statutory provisions, especially the Information Technology Act, 2000 and its amendments.
  • Judicial decisions from Indian courts pertaining to cybercrime.
  • Scholarly articles, books, reports, and journals in criminology, psychology, and cyber law.
  • Case studies and empirical findings from previous research conducted in India and globally.
  • The study uses a qualitative, analytical method to interpret psychological theories in the context of legal texts and real-world cases.

1.6 SCOPE AND LIMITATIONS

The scope of this research paper will able to give the deep and productive knowledge regarding the Psychological motivation and behaviour of cyber criminals and the common traits and profiles of cyber criminals in India.

LIMITATIONS

The Limitations on the research of psychological motivation and behaviour are:

  • Cybercrimes committed within or having a significant connection to India.
  • The psychological and behavioural aspects of offenders rather than victims.
  • Legal responses to cybercrime as applicable in India, with limited comparative references.

CHAPTER 2: CONCEPTUAL AND THEORETICAL FRAMEWORK

2.1 DEFINITION AND MEANING OF CYBER CRIME

Cybercrime is a broad and generic term that refers to crimes committed using computers and the Internet, and can generally be defined as a subcategory of computer crime. If this sounds strange, consider that whether someone commits Internet fraud or mail fraud, both forms of deception fall under a larger category of fraud. The difference between the two is the mechanism that was used to victimize people. Cybercrime refers to criminal offences committed using the Internet or another computer network as a component of the crime. Computers and networks can be involved in crimes in several different ways:

  • The computer or network can be the tool of the crime (used to commit the crime).
  • The computer or  network can be the target of the crime (the “victim”)
  • The computer or network can be used for incidental purposes related to the Crime (for example, to keep records  of illegal drug sales)

           Although it is useful to provide a general definition to be used in discussion, criminal offences consists of specific acts or omissions, together with a specified culpable mental state. To be enforceable, laws must also be specific. These definition should be as narrow as possible, but legislators don’t always do a good job of defining term (and sometimes don’t define them at all, leaving it up to law enforcement agencies to guess, until the courts ultimately make a decision).[1] (Shinder & cross, 2008.)

2.2 CATEGORIES AND TYPES OF CYBER CRIMES

The term Cybercrime has its broader aspect in the wold of Technology. Cybercrime encompasses a broad spectrum of illicit activities where computers or computer networks play a pivotal role as instruments, targets, or venues for criminal endeavours. This term covers a wide range of offenses, from hacking and cyber invasions to distributed denial-of-service (DoS) attacks and other malicious exploits. Additionally, it includes traditional crimes that leverage computers or networks to facilitate illegal actions, effectively merging the physical and digital realms of criminal activity.

CATEGORIES OF CYBER CRIMES

There are a lot of Cyber Crime categories; these categories include different terminology and iconography that create controversy over the computer attacker terms.

1. DATA CRIME: Data Interception, Data Modification, and Data Theft are called Data Crime. An attacker monitors data streams to or from a target in order to gather information. This attack may be undertaken to gather information to support a later attack or the data collected may be the end goal of the attack. This attack usually involves sniffing network traffic, but may include observing other types of data streams, such as radio. In most varieties of this attack, the attacker is passive and simply observes regular communication, however in some variants the attacker may attempt to initiate the establishment of a data stream or influence the nature of the data transmitted. Privacy of communications is essential to ensure that data cannot be modified or viewed in transit. Distributed environments bring with them the possibility that a malicious third party can perpetrate a computer crime by tampering with data as it moves between sites. In a data modification attack, an unauthorized party on the network intercepts data in transit and changes parts of that data before retransmitting it. Data Theft used to describe when information is illegally copied or taken from a business or other individual. Commonly, this information is user information such as passwords, social security numbers, credit card information, other personal information, or other confidential corporate information. Because this information is illegally obtained, when the individual who stole this information is apprehended, it is likely he or she will be prosecuted to the fullest extent of the law.

2. NETWORK CRIME: Unauthorized Access and Virus Dissemination are called Network Crime. “Unauthorized Access” is an insider‘s view of the computer cracker underground. The filming took place all across the United States, Holland and Germany. “Unauthorized Access” looks at the personalities behind the computers screens and aims to separate the media hype of the ‘outlaw hacker’ from the reality. Malicious software that attaches itself to other software. (Virus, worms, Trojan Horse, Time bomb, Logic Osman 4 Bomb, Rabbit and Bacterium are examples of malicious software that destroys the system of the victim.

3. RELATED CRIME: Aiding and Abetting Cyber Crimes, Computer-Related Forgery and Fraud and Content-Related Crimes are called Related Crime. There are three elements to most aiding and abetting charges against an individual. The first is that another person committed the crime. Second, the individual being charged had knowledge of the crime or the principals’ intent. Third, the individual provided some form of assistance to the principal. Computer forgery and computer-related fraud constitute computer-related offenses. Cyber-sex, unsolicited commercial communications, cyber defamation and cyber threats are included under content-related offenses. The total cost to pay by victims against these attacks is in millions of millions Dollar per year which is a significant amount to change the state of un-developed or under-developed countries to developed countries.[2] (Goni, 2021)

TYPES OF CYBER CRIMES

There are different types of Cyber Crime. 1. Hacking, 2. Virus dissemination, 3. Logic bombs, 4. Denial-of-Service attack, 5. Phishing, 6. Email bombing and spamming, 7. Cyber Terrorism, 8. Cyber stalking, 9. Data diddling, 10. Identity Theft and Credit Card Fraud, 11. Salami slicing attack, 12. Software Piracy, 13. Cyber Terrorism,, 14. Sale of illegal articles, 15. Pharming 16.TOR Network 17. Unauthorized Access. 18. Computer Vandalism. 19. Cyber Defamation 20. Online Gambling 21. Intellectual Property crime. Now we discuss some of the types of Cybercrime:

  1. Hacking: Hacking refers to the unauthorized access to a computer system or account, compromising computer resources without the owner’s express or implied permission. This act involves intentionally causing wrongful loss or damage to the public or individuals by destroying, deleting, or altering information in a computer system, diminishing its value or utility, or affecting it injuriously. Hacking encompasses various forms of cybercrime, including damage to computer systems, email hacking, tampering with computer source documents, unauthorized access or data breaches, and website defacement. These malicious activities can have significant consequences, including data loss, financial damage, and compromised security. In a famous case Sony India Private Ltd. V. Harmeet Singh &Anr.(2005)[3], the accused hacked into Sony’s online music portal and offered pirated music for download, causing financial damage to the company. The case was filed under the Information Technology Act, 2000, and the Indian Penal Code. It was one of the first cases dealing specifically with intellectual property theft through hacking in India.
  2.  Virus dissemination: Computer sabotage involves unauthorized access to computer systems, where malicious programs such as viruses, worms, or logic bombs are introduced to disrupt normal functioning. This form of cybercrime includes unauthorized modification, suppression, or erasure of computer data or functions, causing harm to the system. Malicious code, designed to cause damage or steal information, comes in various forms, including viruses, worms, and Trojan programs. Viruses replicate and spread to other systems, worms self-replicate without user interaction, and Trojan programs disguise themselves to allow unauthorized access. These malicious activities can lead to significant harm, including data loss, system disruption, and compromised security.
  3. Logic bombs: A logic bomb is a type of malicious code embedded in software that remains dormant until specific conditions are met. When triggered, a logic bomb virus executes a destructive action, such as deleting files or disrupting critical systems. Unlike traditional malware, a logic bomb does not propagate actively but rather lies in wait for its pre-defined activation event.
  4. Denial-of-Service attack: A Denial of Service (DoS) attack aims to overload a website or network, degrading its performance or making it inaccessible. A successful attack can result in partial or complete system unavailability, consuming time and resources to analyse, defend, and recover. A Distributed Denial of Service (DDoS) attack is a more potent form of DoS, originating from multiple sources. DDoS attacks generate more traffic and are harder to distinguish from legitimate traffic due to their distributed nature, making them more challenging to defend against. This can lead to significant disruptions and economic losses for the targeted organization.
  5. Cyber Terrorism: Cyber terrorism involves using computers and networks to    spread information or incite fear, anxiety, and violence. Like traditional terrorism, its impacts can be severe. Through internet technologies and social media, cyber terrorism can disseminate propaganda, undermine credibility, facilitate sabotage, manipulate public opinion, disrupt law and order, damage infrastructure, and even lead to loss of life. Its effects can be far-reaching, making it a significant concern for individuals, organizations, and governments worldwide. By leveraging digital platforms, cyber terrorists can amplify their reach and amplify the fear and disruption they seek to create.[4] (Ibrahim et al., n.d.)
  6. Cyber Pornography: Child Pornography is a field of cybercrime, which entails recorded videos or images of minor children is spreading through large network medium. It made an evil impact on the minors and make there self-provocative to indulge in crime. It destroys a minor’s life inn a heinous manner.
  7. Phishing: Phishing is a type of cyber-attack where attackers create fake webpages or messages to deceive users into revealing personal information. This attack combines social engineering and technical methods to trick users into divulging sensitive data. Phishing is often carried out through email spoofing or instant messaging, targeting individuals who are unaware of social engineering tactics and internet security best practices. These attacks can compromise personal accounts, including social media, email, and financial accounts, highlighting the importance of understanding phishing tactics and taking measures to protect online privacy and security.[5] (Gupta, S., Singhal, A., & Kapoor, A., 2016)
  8. Cyber Defamation: Cyber defamation, or online defamation, occurs when false or derogatory statements are made about someone on the internet or through digital communication channels like social media, emails, or instant messaging. It involves spreading false information that harms an individual’s or organization’s reputation. Online, defamation can manifest as false accusations, malicious gossip, or untrue statements shared on social media or other platforms. This can be done intentionally or unintentionally and can affect both individuals and organizations, highlighting the importance of being mindful of online content.[6] (Khan, Shaikh,& Singh, 2023). 

2.3 PSYCHOLOGICAL PERSPECTIVES ON CRIME AND CRIMINAL BEHAVIOUR

Crime is a social phenomenon with ethical, legal and psychological parameters. So multitudinous criminogenic causes are attributed to the incidence of crime. Criminal behaviour, therefore is behaviour which violates a criminal code. This legal definition encompasses a great variety of acts which may range from homicide to a traffic violation. According to Sutherland and Cressey (1968) “criminal behaviour is behaviour in violation of the criminal law. No matter what the degree of immorality, reprehensibility or indecency of an act, it is not considered a crime unless it is prohibited by criminal law. Behaviour to be called ‘Criminal’ there must be harm, conduct, mens rea (crime intent) and prescribed punishment.”

Psychological theories of crime and criminality examine how mental processes of individuals, personality, and developmental history lead to illegal behaviour. Psychological theories offer explanations for how cognition, emotion, and environment interact in forming criminal behaviour. Here are the principal psychological explanations:

PSYCHODYNAMIC THEORY

Based on Freudian psychoanalysis, this theory asserts that unconscious conflicts during early childhood determine behaviour. The psyche is made up of three structures:

Id: Basic wants (e.g., aggression, immediate pleasure).

Ego: Intermediates between id and world, reconciling wants with social norms.

Superego: Conscience; weak superego may not repress criminal impulses.

Early trauma, neglect, or insecure attachment may cause bottled-up feelings (e.g., anger, fear) to be expressed as criminal activity in adult life. For instance, Bowlby’s attachment theory attributes early maternal separation to antisocial behaviour. People who’ve experienced trauma, abuse, or neglect in their childhood might struggle with unresolved conflicts that can resurface later in life, potentially leading to criminal behaviour. Unaddressed emotions like frustration or anger can manifest in violent or illegal actions. This perspective suggests that early life experiences play a significant role in shaping behaviour and decision-making.

BEHAVIOURAL THEORY

Behavioural theory focuses on how environmental influences and learned experiences shape human behaviour. Proposed by psychologists such as John B. Watson and B.F. Skinner, this theory argues that all behaviour, including criminal behaviour, is learned through interactions with the environment. People develop certain behaviours because they are reinforced or rewarded, while behaviours that result in punishment are typically avoided. This perspective highlights learned behaviour through interactions with the environment:

Operant conditioning: Criminal behaviour is rewarded (e.g., money, social standing) or deterred by punishment.

Observational learning: Imitating criminal behaviour observed in family, peers, or media.

Behavioural treatments, including cognitive-behavioural therapy (CBT) in corrections, seek to exchange criminal responses for prosaically ones using reinforcement techniques.

[1] Shinder, D. L., & cross, M. (n.d.). Scene of the cybercrime (2nd ed.). Elsevier.

[2] Goni, O. (2021). Cyber Crime and Its Classification. International Journal of Electronics Engineering and Applications, 10(2), 01–17.

[3] Sony India Private Ltd. V. Harmeet Singh & Anr.,119 DLT 565 (2005)

[4] Ibrahim, S., Nnamani, D. I., & Okosun, O. (n.d.). Types of Cybercrime and Approaches to Detection.

[5] Gupta, S., Singhal, A., & Kapoor, A. (2016, April). A literature survey on social engineering attacks: Phishing attack. In 2016 international conference on computing, communication and automation (ICCCA) (pp. 537-540). IEEE

[6] Khan, N., Shaikh, A., & Singh, M. V. P. (2023). Understanding of cyber defamation and its impact: a critical analysis. Dogo Rangsang Res J, 13, 168-173

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