Cybercrime Laws In India: A Comparative Legal Analysis In The Context Of Emerging Global Standards
- IJLLR Journal
- 1 hour ago
- 1 min read
Prabhash Dalei, Research Scholar & Assistant Professor, Department of Law, Utkal University, Bhubaneswar, Odisha
ABSTRACT
The rising incidence of cybercrime in India, marked by low conviction rates and limited international cooperation, highlights critical weaknesses in the country’s current legal and enforcement framework. This paper offers a comparative analysis of India’s cybercrime laws vis-à-vis the United Kingdom and the United States, focusing on legislative scope, institutional structures, and global treaty participation. While India relies primarily on the Information Technology Act, 2000, both the UK and USA operate under modern and specific laws such as the Computer Misuse Act 1990 and the Computer Fraud and Abuse Act 1986, supported by specialised enforcement agencies and advanced investigative tools. The UK and USA are also active participants in international instruments like the Budapest Convention and the United Nations Cybercrime Convention (2024), enabling cross-border cooperation and rapid access to digital evidence mechanisms that India currently lacks. The paper identifies gaps in India's statutory coverage of emerging threats such as deepfakes, AI-driven fraud, and ransomware, and evaluates enforcement bottlenecks resulting from under-resourced cyber cells and delays in evidence collection. Using a doctrinal and comparative approach, this study argues for legal reforms including the enactment of a dedicated cybercrime law, accession to key international treaties, strengthening of cyber forensic capacity, and public awareness initiatives. It concludes that without aligning its domestic framework with global standards, India risks falling behind in combating transnational cyber threats and fulfilling its obligations as a digital leader in the Global South.
Keywords: Cybercrime, India, Budapest Convention, International Cooperation, Comparative Legal Framework.
