Cyber Crime in India: Emerging Challenges, Legal Framework, Judicial Trends and Cybersecurity Concerns

Abstract

Due to the rapid growth of information and technology, the three main factors which have transformed were social, economic and administrative structure of modern-welfare society. There are multiple tools like the internet, smartphones including apps, digital banking including digital transactions, e-commerce, social media and digital governance which have become a part and parcel of everyday life. At the same time, increased dependence on digital infrastructure has created new opportunities for criminal activity. Cyber-crime has therefore emerged as an important area of contemporary criminal law and cybersecurity. Cyber-crimes differ from conventional crimes because computers and digital networks may function as the target, instrument or environment of the offence. Activities such as hacking, identity theft, phishing, ransomware, cyber stalking, online financial fraud and other related offences like data theft, cyber terrorism, digital arrest and publication of digital content which is unlawful and opposed to public policy has created a lot of challenges not only for individuals but also to NGO’s, businesses and Government institutions. With respect to technology, the parent law created by the Parliament is IT Act of 2000 and other laws in support of this act are Bhartiya Nyaya Sanhita, 2023 and Digital Personal Data Protection Act of 2023. Both the acts have a vision to punish the offender’s committing crime through digital technologies. The main vision of this paper is to examine the concept, nature, forms and extent of cyber-crime, and also to focus upon the judicial developments which have taken place including electronic evidence credibility and authenticity, challenges related to cyber-security, data protection and institutional mechanism. In order to gain proper control over cyber-crimes, it requires, coordination between criminal law, cybersecurity regulation, digital forensics, data protection, public awareness and international cooperation.