top of page

Rise Of Cybercrime In India: Legal Gaps And Enforcement Challenges In The Domain Of Indian Law




Sakshi Singh, Amity Law School, Noida


ABSTRACT


In the last decade, India has witnessed an unprecedented surge in digital activity online banking, social media use, e-commerce, and virtual education have become everyday norms. However, this digital expansion has come at a cost. Cybercrime in India has grown alarmingly, affecting individuals, businesses, and government systems alike. From phishing scams that rob unsuspecting citizens of their savings, to large-scale ransomware attacks major corporations, cyber threats have taken a serious toll on the nation’s safety and trust in digital platforms.


This research aims to provide a grounded, realistic view of the current state of cybercrime in India. It explores both the nature and growth of cybercrimes such as hacking, data breaches, identity theft, cyberstalking, and financial fraud and critically analyses the legal framework designed to combat them. The study focuses on India’s key laws, primarily the Information Technology Act, 2000 and relevant provisions of the Indian Penal Code, and assesses whether they are capable of handling 21st-century digital threats.


Law enforcement faces its own set of challenges. Cyber police cells in many Indian states lack trained personnel, modern digital tools, and even basic infrastructure. Officers often struggle with identifying and preserving digital evidence, which weakens the prosecution’s case in court. To make matters worse, many victims, especially women, choose not to report incidents like cyberbullying or online sexual harassment due to fear, shame, or lack of awareness.


This paper also considers the role of the judiciary through key cases such as Shreya Singhal v. Union of India, which struck down the controversial Section 66A of the IT Act for curbing free speech, and Avnish Bajaj v. State, which addressed intermediary liability. These rulings reflect a slow but evolving judicial understanding of cyber issues.


Keywords: Cyberspace, Crime against Women and Children, Data Protection,



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page