What is Online Job Fraud?
Online Job Fraud is an attempt to defraud people who are in need of employment by giving them a false hope/ promise of better employment with higher wages.
The data also revealed that in the year 2024 (from January-July 14), 1,820 cases of online job fraud amounting to Rs 178 crore has been recorded.
How does the work-from-home (WFH) scam operate?
The scam usually starts with a message from scammers posing as human resource (HR) representatives from well-known companies. They entice victims by asking them to like and follow social media accounts and YouTube videos, and even send them money in order to gain their trust.
Victims are then led to believe that they are involved in a legitimate business as the scammers make daily payments to their accounts.
However, the scam takes a sinister turn when the scammers add the victims to a Telegram group where they create fake, sophisticated, and
unique-looking crypto trading platforms. They ask victims to send them money and complete certain tasks in order to multiply their investment.
Issues reported –
- Visa for working in Foreign
- Fake job offers
- Not providing Salary
- Fake calls for Interview
- Money for providing job details
Know More about relevant section of IT Act and BNS
Provisions Under Information Technology Act
Section 43 of the IT Act states:
“Notwithstanding anything contained in any other law for the time being in force, a network service provider shall not be liable for any act done by another person using the network service of such provider, unless such provider:
(a) has knowledge of the act; (b) fails to exercise due diligence to prevent such act;
Provided that the provisions of this section shall not apply if the network service provider has entered into an agreement with the user of the network service which requires the network service provider to monitor or control the activities of the user of the network service.”
In essence, this section provides a limited liability protection to network service providers, exempting them from liability for the actions of third parties using their networks unless they have knowledge of the harmful activity and fail to take reasonable steps to prevent it. However, this protection does not apply if the network service provider has a contractual obligation to monitor or control the user’s activities.
Key points to remember about Section 43:
● Limited Liability: Network service providers are generally not liable for the actions of third parties unless they have knowledge and fail to act. ● Due Diligence: Network service providers must exercise due diligence to prevent harmful activities.
● Contractual Obligations: If the network service provider has a contract with the user to monitor or control their activities, the protection under Section 43 does not apply.
Section 74 of the Information Technology Act (IT Act)
Section 74 of the IT Act deals with the liability of intermediaries in case of copyright infringement. It outlines the circumstances under which an intermediary, such as a search engine, online marketplace, or social media platform, can be held liable for copyright infringement facilitated through their services.
Key points of Section 74:
● Innocent Intermediary: An intermediary is generally not liable for copyright infringement if it has no knowledge of the infringement and has not received any notice of it.
● Due Diligence: If an intermediary receives notice of copyright infringement, it must take reasonable steps to remove or disable access to the infringing material.
● Safe Harbor Provision: The IT Act provides a “safe harbor” provision for intermediaries who comply with the above conditions. This means they are generally protected from liability for copyright infringement committed by their users.
However, the safe harbor protection does not apply in certain cases, such as:
● Direct Infringement: If the intermediary directly infringes copyright, the safe harbor protection does not apply.
● Financial Benefit: If the intermediary derives financial benefit from the infringement, the safe harbor protection may not apply.
● Failure to Act: If the intermediary fails to take reasonable steps to remove or disable access to infringing material after receiving notice, the safe harbor protection may not apply.
In summary, Section 74 of the IT Act provides a framework for intermediaries to be exempt from liability for copyright infringement, provided they meet certain conditions. However, this exemption is not absolute and can be subject to exceptions.
Section 405 of the Indian Penal Code (IPC)
Section 405 of the IPC deals with the offense of criminal breach of trust. It outlines the circumstances under which a person entrusted with property can be held liable for criminal breach of trust.
Key points of Section 405:
● Trust: A person is said to be entrusted with property if it is delivered to them for a specific purpose or to be returned.
● Dishonest Conversion: If the person entrusted with property dishonestly converts it to their own use or purpose, it constitutes criminal breach of trust. ● Intention: The intention to dishonestly convert the property must be present at the time of the entrustment or at some subsequent time.
The punishment for criminal breach of trust under Section 405 can vary depending on the value of the property involved. It can range from imprisonment of different terms to fines or both.
Examples of criminal breach of trust:
● A bank employee who misappropriated funds entrusted to them. ● A trustee who uses trust property for personal gain.
● A person who accepts goods for sale but fails to return the proceeds or deliver the goods.
How to Report Online Job Fraud
From pdf brochure
Take Legal Advice on Online Job Fraud
Connect With Advocate Tabish Ahmad – Cyber Crime Lawyer & Expert
