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Cyber Crime Under The Information Technology Act: National Perspective




Tusshar Sharma, Guru Gobind Singh Indraprastha University


1. Introduction


The advent of the cyberspace as the inseparable part of the modern human life has radically changed the nature and the field of the criminal activity in the XXI century. Due to the fact that India is moving towards a digital economy where more than 86 per cent of households are now connected to the internet and more than 820 million users are now operating within the digital realm, India is at the same time being exposed to vulnerabilities and threats in ways that never existed within a traditional geographical space and a traditional jurisdictional boundary. In its modern form, cybercrime is a somewhat complex phenomenon where computers, networks, and digital infrastructure can both be used as tools to perpetrate crimes or become the target of malicious activities and is thus a complex web of legal, technological, and social problems that requires advanced regulation solutions.


The process of developing a well-developed legal framework applicable in the context of cybercrime in India began with the adoption of the Information Technology Act, 2000, which put the country in the twelfth position among the countries worldwide in adopting special legal framework in dealing with cybercriminals. This was an innovative law which came as a reply to the United Nations Commission on International Trade Law (UNCITRAL) Model law on electronic commerce which was an indication of India acknowledging the need to give a legal standing to electronic transactions and at the same time lay down a deterrent to undesirable digital practices. The next amendment in 2008 saw a paradigm shift in the cyber legal regime in India as strict provisions were adopted to deal with the new menaces such as cyber terrorism, child sexual abuse content, identity theft and intrusion into systems without permission- some of which the initial Act of 2000 had failed to tackle.


The current situation in cybersecurity in India offers a paradox: on the one hand, technological development and digitalization have enabled new opportunities and levels of economic growth and social inclusion by implementing the Digital India program, on the other hand, they have created a new favorable environment in which advanced criminal networks can operate and exist across the borders and take the advantage of technological flaws. The increase of cybercrime of 10.29 lakh to 22.68 lakh incidents between 2022 and 2024 is not only a 206 percent change in financial losses of Rs. 22,845 crore, but also a complete change in the criminal tactics, sophistication of the perpetrator, and susceptibility of the victim. CRM Financial frauds based on the manipulation of unified payment interface (UPI), phishing attacks, ransomware-as-a-service activities, money laundering with the help of cryptocurrencies, deepfakes fraud, and AI- assisted sextortion have become the key threat vectors against the Indian digital environment.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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