Click, Commit, Convict: Evidentiary Challenges In Prosecution Of Cybercrime
- IJLLR Journal
- Dec 29, 2025
- 2 min read
Nisha Verma, LLM, CUSB, Gaya
Dr. Deo Narayan Singh, Assistant Professor, CUSB, Gaya
ABSTRACT
The digital revolution drastically changed international social and economic relations, but also increased chances for cybercriminals. Inspite of legislative paradigms such as the Information Technology Act, 2000, Budapest Convention, 2001, the rate of conviction in India for cybercrime is less than two percent (2020–2023), mainly because of procedural and evidence failures. It posses that volatility of digital evidence, absence of forensic capability, and cross-border jurisdictional difficulties undermine convictions. The accelerated growth of digital technology affected human behaviors as well as increased the opportunity for cybercriminals. In the technological surge, cybercriminals are able to take advantage of cyberspace through different ways such as fraud, identity theft, ransomware and cyberterrorism. Despite increase in incidents, conviction rate remain alarmingly low, as illustrated by India’s 0-2 % conviction rate between 2020 and 2022. This research article utilizes doctrinal and comparative analysis in assessing technical, procedural, and jurisdictional loopholes in prosecuting cyber offences under the Bharatiya Nyaya Sanhita (BNS), 2023 and Bharatiya Shakshya Adhinayam (BSA), 2023, Information and Technology Act, 2000. The study is a review article of evidentiary and jurisdictional challenges that impede successful conviction of cybercriminals. The review article centers around definitional ambiguities of cybercrime, the instability and complexity of digital evidence, and the transnational nature of offence that makes adjudication and enforcement difficult. The prosecution of cybercrime is greatly inhibited by issues like, encryption, anonymization, a fragile chain of custody, lack or disparities in technical expertise, and ineffective forensic capacity. Jurisdictional dilemmas, demonstrated through Indian case laws and application of international treaties, such as the Budapest Convention 2001, would benefit from standardized international legal norms and enhanced institutional cooperation. According to the article, successful responses necessitate a multifaceted strategy that combines capacity building, legal reforms, technological innovation, and cross-border cooperation to guarantee that cybercriminals who "click and commit" are eventually found guilty. The research ends with suggestions to harmonize procedures for digital evidence with international standards like the Budapest Convention, 2001 and to enhance inter-agency coordination through technological and institutional reforms.
Keywords: Cybercrime, Cross-border jurisdiction, definitional ambiguities, Information Technology Act, 2000, Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Sakshya Adhiniyam (BSA), 2023, Budapest Convention on Cybercrime 2001, Technological innovation.
