The Evolution Of Cybercrime Jurisprudence: Reimagining India’s Digital Criminal Justice System
- IJLLR Journal
- 4 hours ago
- 1 min read
Prema P, School of Law, Joy University
ABSTRACT
There has been an emergence of digital technology that has revolutionized the fields of communication, business, governance, finance, and even created the platform for cyber offences. India has experienced a surge in cybercrimes such as data breach, identity theft, ransom ware, online financial frauds, cyber terrorism, and crimes in the form of artificial intelligence and deep fake. These events have revealed the limitations of the existing criminal laws which call for the need of developing an efficient cybercrime jurisprudence in dealing with cyber-related crimes. While the Information Technology Act, 2000 coupled with Bharatiya Nyaya Sanhita, 2023 and other relevant acts provide the legal framework in fighting cybercrimes, there remain many hurdles to the effective implementation of law.
The current paper presents an analysis of the development of jurisprudence on cybercrimes in India through an examination of the legislative regime, judicial advancements, and technological challenges. The paper seeks to analyse the adequacy of the present digital criminal justice system in meeting the complex challenges posed by contemporary digital crimes and makes a comparative evaluation of Indian law against some international best practices. The paper calls for a technology-friendly, rights-oriented, and international cooperation-oriented criminal justice framework that is effective and respects the basic rights of the citizens. It makes recommendations for necessary reforms in Indian laws and policies.
Keywords: Cybercrime, Cyber Jurisprudence, Digital Criminal Justice, Information Technology Act, 2000, Bharatiya Nyaya Sanhita, 2023, Digital Evidence, Cyber Security.
