BY : Dr.Debarati Halder, LL.B., M.L., Ph.D(Law)(NLSIU, Bangalore)
During the Board Exams in 2019, several exam centers across the country including Gujarat, found unique “cheating” ways by student examinees: many had smart watches which was used to download the answers. They had apparently accessed the answers by simply tapping on the watches which revealed the answers; some had gone to the wash rooms and clicked pictures of the question papers to send circulate it to their aides who would instantly send them the answers via communication apps.
We can see here two types of “computers” : a smart watch which would not only show time and date, but also can store images/contents and display the same through its screen; a general mobile phone which can take pictures, store the images, circulate information, receive signals and information and display the same to the user. As such, the meaning of the word “computer” has been expanded to include many things which previously were not considered as a “computer”.
Computer is an inherent part of our lives now. It has not only made our lives easy, it has also created many security risks as well. While many may agree with the first part of the above mentioned statement, they may not agree with the second part of the statement : the main reason behind this is, many may not know the basic definition of computer as per legal terms. Popularly, the term computer has many simple definitions; for example, according to Cambridge dictionary, computer is an electronic machine that is used for storing, organizing, and finding words, numbers, and pictures, for doing calculations, and for controlling other machines. Again, whenever anyone searches the meaning of computer on Google, one of the first definition that appears is computer is “an electronic device which is capable of receiving information (data) in a particular form and of performing a sequence of operations in accordance with a predetermined but variable set of procedural instructions (program) to produce a result in the form of information or signals”.
The definitions would show the common understanding about computer. Hence it may be explained as follows:
- It is an electronic device.
- It can receive, store and process certain data or information
- It may be operating under the command of certain person
- It needs to have procedural instructions for operation
- It can control other machines
- It can be connected with devices
- It may necessarily have input and output devices
Computer therefore may mean any electronic device which may perform several functions of receiving information, storing, processing etc of data and performing some other functions including operating other machines which may get connected with the main computer through electro-magnetic mechanisms. Seeing from modern perspectives, computer may necessarily mean an electronic magnetic device which may be connected with internet.
Presently, computer is being considered as one of mechanism to perform crimes online as well as offline. But computer as a machine may never be considered as a “perpetrator “because this is infact “used” to commit crimes. It is therefore necessary to understand how the term has been defined by laws:
The 2001 EU Convention on Cyber Crimes, also known as Budapest convention, defines “computer system” as follows:
- Any device or a group of interconnected or related devices,
- one or more of which, pursuant to a program,
- Performs automatic processing of data.
What we get from it is, computer system means
Now let us see how the Indian Information Technology Act, 2000(amended in 2008) defines it:
S.2(i) of the Information Technology Act , 2000(amended in 2008) defines the term “Computer” . it says “Computer” means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network
Hence, this definition explains the term from 4 main aspects:
- Nature : any electronic, magnetic, optical or other high-speed data processing device or system
- What does it perform : performs logical, arithmetic, and memory functions
- How does it perform the task : by manipulations of electronic, magnetic or optical impulses,
- What else can it do: and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network.
As such, it may be seen that there are several devices which may be termed as “computer”, including:
- A simple mobile phone which is not a smart phone, but can store data like phone numbers, SMSs, images etc.
- Smart phones
- Smart digital cameras
- Ipads, laptops, desktops, pen drives, smart TVs , Smart toys etc.
- Any other electronic gadget which has the facilities of input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network
All of these can be used for committing cybercrimes including monetary crimes, crimes against women and children, crimes involving infringing privacy, cyber stalking and even cyber terrorism.
Hence, be careful while buying and activating all electronic gadgets, buying second hand gadgets and also while using such gadgets. Misuse of such gadgets for ulterior purposes may attract imprisonment which may be as high as life imprisonment in certain cases.
Stay safe, be safe !
Note: Please do not violate the copyright of this blog. If you wish to use it for your assignment/ writeup/ research etc, please refer it as Halder Debarati (2019) Computer: Basic legal understanding. Published in Gender and Internet @ https://internetlegalstudies.com on 11-03-2019
 See for more @https://timesofindia.indiatimes.com/home/education/news/board-exam-2019-students-caught-with-smart-watch-and-mobile/articleshow/68338515.cms Accessed on 10.03.2019
 See https://dictionary.cambridge.org/dictionary/english/computer. Accessed on 02-01.2019
 Retrieved from https://www.google.com/search?rlz=1C1CHBF_enIN822IN822&biw=1366&bih=608&q=Dictionary#dobs=computer on 02.01.2019