Author: Fiza Haque, a student at J.B Law College.
Introduction: India is rapidly making a large growth in the digital world marking its way to fall into the list of world’s top digital countries like Singapore, USA, Japan, United Kingdom etc. In last 30 years India’s digital economy is projected to grow significantly with a contribution of nearly one fifth of the country’s overall economy. Due to the increased of digital payments apps, expansion of various digital platforms and rising of e-commerce.
The large increase of internet penetration and high number of smartphone users driving it to the growth of digital economy. India has over 830 million internet users which is the second highest in the world, China ranks first in the list of countries with the most internet users. And due to the rapid rise of digitalization there are also massive number of cyber crimes increasing in the country and it has now become the pressing national priority. Crimes like: financial fraud, cyberstalking , cyber bullying, malware attacks, scamming and hacking etc are the main concerns in today’s digital India.
What is cybercrime in legal term?
In legal term cyber crime is mainly refers to the criminal activities that mostly involve the use of computers, digital devices, or networks as tools, targets or means to commit illegal acts. In Indian law there is not a codified definition of cybercrime in one statute.
However section 2 (1) (nb) of the Information Technology Act 2000 indirectly defines it by identifying offenses that involves:
“Any act prohibited by law, committed using a computer, computer system, or computer network.”
Cybercrime also often intersects with various sections of the Indian Penal Code (IPC) for offenses like cheating, criminal intimidation, and defamation—when committed via electronic means.
In normal language cybercrimes are also referred to crimes committed by an individual/group to an other individual/group through internet with the help of some social networks like for eg Facebook, WhatsApp, Instagram etc through some unlawful activities like sharing fake datas, scamming people through illegal links and also by hacking other people’s phones and accounts.
Legal challenges of cybercrime in India.
India is facing numerous legal challenges due to high increase of cybercrime rates , challenges like:
- Lack of cybercrime investigation units.
- Lack of digital literacy.
- Lack of strict laws and punishment.
- Lack of data protection.
Lack of cybercrime investigation units:
There is not much advance cybercrime investigation units in India due to which hackers and cyber bullies find it easy and convenient to perform such crimes. India is highly in need of such units to control this rising rate of cybercrime in the coming future.
Lack of digital literacy:
Digital illiteracy is one of the major cause why cybercrimes are increasing, people have not enough knowledge about how the internet world works due to which they end up getting hacked or scammed by these cyber criminals, they fall into such traps by blindly trusting or believing them without even knowing their true identity. Many people from rural areas and semi urban areas don’t even report such cybercrimes due to lack of awareness and social stigma. This needs to change soon, government should provide special services to educate about the internet and its consequences.
Lack of strict laws and punishments:
Indian jurisdiction and police struggle with extraterritorial jurisdiction and cross-border investigation, this is one of the main legal problem, Indian law is not strict enough to perform such investigations and due to which hackers , scammers and cyber bullies gets a easy way out without any punishment or penalties. International treaties and mutual legal assistance agreements (MLATs) need to be strengthened.
Lack of data protect:
This is one of the major reasons why cybercrimes like financial fraud and malware attacks are so widespread across the country. India’s data protection system is not strong enough to prevent hackers and scammers from accessing personal datas and informations, makes it convenient for them to perform such crimes. Recently The Digital Data Protection Act 2023(DPDP Act) came into existence and its India’s first comprehensive data protection law, protecting individuals data rights and also facilitating innovation and economic growth, hoping for a better change in upcoming years.
These are some legal challenges which needs to be overcome, in order to make India a safe and secure digitalised country.
Abstract
Since India has become one of the leading digitalized countries in the world, with a digitally empowered society, cybercrime has emerged as a critical legal concern, Legal challenges like, Lack of cybercrime investigation units, lack of data protection, lack of education and awareness are some major factors why these crimes are so widespread across the country. So to prevent such crimes in upcoming future, India needs a very strong and effective legal system, updated laws, international cooperation, public awareness on internet, and better education on internet and its consequences. These are some valuable points to prevent cybercrime in the coming years.
Case Laws:
1)Avnish Bajaj v. State (2005)
Citation: 116 (2005) DLT 427
Issue: Liability of online platforms for user-generated content
Facts: A student uploaded an obscene MMS video on the e-commerce platform Baazee.com (now eBay India).
Judgment: The MD, Avnish Bajaj, was initially held liable under Section 67 of the IT Act. However, the court later ruled that mere hosting without knowledge doesn’t attract liability.
2) Shreya Singhal v. Union of India (2015)
Citation: AIR 2015 SC 1523
Issue: Constitutionality of Section 66A of the IT Act, 2000
Facts: Section 66A criminalized sending “offensive” messages online. The law was misused to arrest people for social media posts.
Judgment: The Supreme Court has ruled down Section 66A as unconstitutional, citing violation of Article 19(1)(a) (freedom of speech).
3) State of Tamil Nadu v. Suhas Katti (2004)
Issue: Cyberstalking and email harassment
Facts: A woman was harassed via email and obscene messages posted on a Yahoo message board.
Judgment: The accused was convicted under Section 67 of the IT Act, within a record time of 7 months.
4) K.S. Puttaswamy v. Union of India (2017)
Citation: (2017) 10 SCC 1
Issue: Right to privacy in the digital age
Facts: A retired judge challenged Aadhaar-based data collection by the government.
Judgment: The Supreme Court declared right to privacy as a fundamental right under Article 21.
Conclusion:
Cybercrime presents one of the most dynamic and complex legal challenges in India’s digital era, the rapid increase of crimes like, financial fraud, hacking, scamming, malware attacks and cyber bullying etc creating a economical chaos among the people of the society, its effecting the upcoming generation and their day to day lives, since they are mostly engaged in internet and relying on it for much of their works, due to which knowingly or unknowingly these crimes occurs. Issues such as jurisdiction conflicts, lack of privacy gaps, lack of better knowledge about the internet networking world are some common issues to be dealt to prevent such crimes, to combat these challenges India must adopt modernizing legislation, provide proper education to the rural and semi rural areas, make strict laws and punishment. Only through such changes India can safeguard its cyberspace and provide a better constitutional and economical future for the society and the upcoming generations.
