Legal Responses To Phishing Fraud In India: An Analysis On The Emerging Challenges In Cyber Jurisprudence

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Trisha M V, School of Law, CHRIST (Deemed to be University)

ABSTRACT

Cyber jurisprudence is the study of law related to computer-related crimes. Cybercrimes are of three types - crime against individuals, property and government. My article focuses on cybercrime against property which involves phishing fraud. Additionally, the role of AI adds fuel to the fire of phishing fraud. Phishing fraud has become a serious cyber threat in India due to the rapid growth of digital banking and online financial transactions. Fraudsters use fake emails, messages, and websites to trick people into sharing sensitive information such as OTPs, passwords, and bank details, which are then used for unauthorized financial transfers. Although such acts are increasing in number, phishing is not specifically recognized as an independent offence under Indian cyber law. At present, these offences are dealt with under general provisions relating to cheating, impersonation, and identity theft, which creates difficulty in proper investigation, legal classification, and enforcement.

This paper analyses the existing legal responses to phishing fraud in India and examines the emerging challenges faced within the framework of cyber jurisprudence. It discusses issues such as lack of specific legislation, evidentiary challenges in digital crimes, and delays in securing remedies for victims. The study further highlights the need for legal reform, including the recognition of phishing as a separate cyber offence and the use of technological tools such as artificial intelligence for early detection of fraudulent activities. The objective of this paper is to evaluate the adequacy of the present legal framework and suggest necessary reforms to strengthen the protection available to victims of phishing fraud in India.

Keywords: Phishing Fraud, Cybercrime, Cyber Jurisprudence, Information Technology Act, Digital Fraud, Artificial Intelligence.

235. LEGAL RESPONSES TO PHISHING FRAUD IN INDIA- AN ANALYSIS ON THE EMERGING CHALLENGES IN

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