Cyber Crimes And Digital Evidence In India’s New Criminal Laws

Abhineet Ashok Dange, Manikchand Pahade Law College, Aurangabad

INTRODUCTION:

In India, on 1st July 2024, new criminal laws were taken into consideration, i.e., Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023. These new laws repeal the British-era’s Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872.

Early before, we were not expecting cyber crimes to happen as no such technology was developed, and there was no such specific mention of cyber crimes in law. The procedural laws did not mention digital evidence, i.e. (audio-video recordings). This article thoroughly examines the recent inclusion of Cyber Crimes and Digital Evidence in our new Criminal Laws, specifically Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023.

DEFINING CYBER-CRIMES:

Cybercrime can be broadly defined as any criminal activity that involves technology, i.e. computer, network, internet, etc. This encompasses a wide range of activities, including unauthorised access to computer systems, theft of personal information, fraudulent online activities, and harassment or intimidation conducted through digital channels.