Digital Victimisation And Forensic Justice In India: A Critical Study Of Cybercrime Investigation, Evidentiary Barriers And Victim Rights
Padma Varshini M, LLM, Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
The increasing integration of digital technologies into everyday life has transformed the nature of criminal activities and created new challenges for the administration of criminal justice in India. Digital victimisation has emerged as a serious legal and social concern, affecting individuals through cyber fraud, online harassment, identity theft, unauthorised surveillance, and misuse of personal information. Unlike conventional crimes, cyber offences often involve complex electronic records that require specialised forensic examination to establish their authenticity and evidentiary value. The effectiveness of cybercrime investigations therefore depends not only on technological expertise but also on compliance with legal procedures governing the collection, preservation, and admissibility of digital evidence. In India, difficulties relating to forensic reliability, inadequate investigative resources, jurisdictional limitations, and procedural delays may obstruct effective prosecution and access to justice. The Information Technology Act, 2000, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023, provide an important legal framework for examining these concerns. Adopting a doctrinal and analytical research methodology, this study critically evaluates the relationship between digital forensic investigation, evidentiary challenges, and the protection of victim rights. It seeks to identify gaps in the existing legal and investigative framework and recommend reforms that promote reliable forensic practices, institutional accountability, procedural fairness, and effective access to justice for victims of cybercrime in India.
Keywords: Digital Victimisation, Forensic Justice, Cybercrime Investigation, Electronic Evidence, Victims’ Rights.
