Digital Crimes And Modern Solutions: Addressing Cybercrime Under The Bharatiya Nyaya Sanhita
- IJLLR Journal
- Jul 20
- 1 min read
Lakshya Malhotra, NMIMS Kirit. P. Mehta School of Law, Mumbai
ABSTRACT
The first computer, developed in the 1940s, was a technological marvel but inaccessible to most, making cyberattacks nearly nonexistent. Today, with rapid digitalization, economies worldwide, including India, are embracing digitization. India’s Digital India initiative, launched on July 1, 2015, has fostered innovations like BHIM, Telemedicine, and DigiLocker, driving progress while exposing vulnerabilities to cybercrimes.
The surge in cybercrimes underscores the need for a robust legal framework. To address this, the Bharatiya Nyaya Sanhita (BNS), 2023, replaces the Indian Penal Code (IPC), 1860, marking a significant modernization. The BNS is a step in the right direction because it recognizes electronic records as primary evidence and makes cyber crimes a part of organized crime with harsher penalties. However, gaps remain. The BNS lacks clear definitions, falls short in addressing the full spectrum of cybercrimes, and risks overlapping with specialized laws, creating potential compliance issues.
This paper highlights the BNS’s strengths and limitations, advocating for amendments to include provisions for emerging cybercrimes, enhanced digital forensic tools, and streamlined regulations. A forward-looking legal framework is essential to balance technological progress with security and individual freedoms, ensuring justice in an increasingly digital world.
Keywords: Cybercrime, Data Protection, Cybersecurity Infrastructure, Bharatiya Nyaya Sanhita (BNS) 2023, Cyberterrorism, Artificial Intelligence
