Socio-Legal Barriers To Enforcement: Why Penal Sanctions May Fail To Deter Online Fraud
- IJLLR Journal
- May 26
- 1 min read
Ishika Singhal, BA LLB (Hons.), Amity Law School, Madhya Pradesh
ABSTRACT
Fraud on the Internet poses challenges that make punishment less effective. Even though penalties are meant to prevent individuals from committing crimes, socio-legal barriers exist in cyberspace that compromise their efficacy. For example, one socio-legal obstacle involves jurisdictional difficulties whereby criminals can commit offenses without the ability to be caught because of crossing international boundaries. Another challenge facing the enforcement of punishments involves anonymity and sophisticated technology that decreases the risk of getting caught and consequently deters offenders. In addition, certain social issues like fear of being stigmatized make victims reluctant to report fraud cases. Legal constraints like delays in court procedures and lack of effective laws also limit the enforcement of penalties. Finally, socio-economic motives for fraud and lack of morality make offenders less responsive to the threat of penalties.
Keywords: Online Fraud, Cybercrime, Penal Sanctions, Deterrence Theory, Socio-Legal Barriers, Digital Governance.
