INTRODUCTION:

India is now a digital economy as a result of the widespread use of digital technology, but there has also been an uptick in cybercrime instances. An age of connectedness and digital innovation has been ushered in by the unparalleled boom in technical developments that has marked the 21st century. Nevertheless, cybercrime has emerged as a parallel phenomenon as a result of technology’s fast advancement. Cybercrime, or the illegal use of digital networks and systems, is a complex issue that affects people, companies, and governments on a global scale. In India, the spread of digital infrastructure and rising internet usage have given rise to unique patterns in cybercrime along with a complex array of problems.

WHAT IS A CYBER CRIME?

Cybercrimes, in their narrowest definition, are all unlawful acts carried out by means of a series of electronic operations that aim to compromise the security of computer systems or the data they contain. Cybercrimes, on the other hand, can more broadly be defined as any criminal activity or behaviour related to a computer system or network, including the possession, distribution, or exchange of information via such computer systems or networks.
network. The primary goal of the first international legal instrument, the Budapest Convention, was to establish a unified set of rules at the global level to address different types of cybercrimes[1]. It even turned into the first piece of legislation linking cybercrimes to breaches of human rights. This data suggests that the definition of cybercrimes is far more expansive, encompassing any illegal activity carried out via a computer system, mobile phone, networking, or other electronic device. It may even include illicit activities carried out that are not specifically related to networking or electronic devices[2].

LEGAL FRAMEWORK ON CYBERCRIMES IN INDIA:

The primary law in India pertaining to offences linked to computers is the Information Technology Act, 2000[3], which underwent its most recent amendment in 2008. Nonetheless, certain broad rules pertaining to cyber offences are contained in laws like the Indian Penal Code 1860[4], the Indian Evidence Act of 1972[5], and others. These laws have even been altered to incorporate specific sections addressing IT-related issues. The IT Act’s stated aims demonstrate how far India has gone in the development of e-commerce and e-governance, and how urgently an effective legal framework for regulating the IT industry in the nation is now required.

The phrase “Global Village” has gained popularity due to the revolution in communication facilities brought about by the IT industry in India and other parts of the world. In addition to bringing people together globally, this circumstance has made it challenging for the governments to guarantee information security, which has led to a number of newly emerging problems with criminal behaviour in humans. Therefore, the primary goal of the IT Act was to establish new guidelines for policing behaviour on the internet.

EMERGING TRENDS OF CYBERCRIMES[6]:

• Financial fraud and phishing: Phishing emails and phoney websites are frequently used by cybercriminals to deceive people into divulging their personal and financial information. Then, this data is utilised for financial fraud, identity theft, and other illicit activities.
• Identity theft: To pose as victims or carry out financial fraud, cybercriminals steal personal data including passwords, credit card numbers, and social security numbers.
• Ransomware attacks: A kind of malware known as ransom ware encrypts a victim’s data and prevents it from being accessed until a ransom is paid. In India, these kinds of assaults have affected individuals, companies, and hospitals.
• Cyberbullying and online harassment: Threats, slander, and other forms of abuse can have a major negative psychological and emotional effect on victims. This covers the targeting of kids and teenagers with cyberbullying.
• Hacking and illegal access: To get unauthorised access, steal confidential data, or interfere with services, cybercriminals take advantage of flaws in computer systems, websites, and databases.
• Data breaches: Theft of sensitive information by cybercriminals, who subsequently sell the information on the dark web or use it for identity theft and other nefarious purposes, targets companies.
• Social engineering: The practice of cybercriminals coercing people into disclosing private information or taking acts that jeopardise security. This may entail strategies including tailgating, baiting, and pretexting.
• Online scams: Con artists utilise a variety of strategies to trick victims into transferring money or disclosing personal information, including phoney investment programmes, job offers, lottery winners, and online markets.
• Cyberespionage: Cyberespionage is the practice of nation-states or business entities stealing trade secrets, intellectual property, and sensitive data from other nations.
• Child exploitation: By spreading obscene content and grooming kids, cybercriminals take advantage of minors.
• Online piracy: One common type of cybercrime is the unauthorised downloading or distribution of copyrighted media, including software, music, and movies.
• Cyberbullying: Victims, particularly teenagers and young adults, may experience extreme emotional anguish as a result of being harassed, humiliated, or threatened via digital media.

LEGAL CHALLENGES OF CYBERCRIMES:

• Outdated Laws: The Information Technology Act, 2000 (IT Act) is the primary legislation dealing with cybercrimes in India. However, it has not kept pace with the rapid advancements in technology and the evolving nature of cyber threats.
• Lack of Expertise: There is a shortage of skilled cybersecurity professionals and cybercrime investigators in law enforcement agencies.
• Data Privacy Concerns: The Personal Data Protection Bill, intended to strengthen data protection and privacy, has faced delays in enactment.
• International Cooperation: Effective cross-border cooperation is crucial for investigating and prosecuting cybercrimes, but it is often hindered by legal and procedural differences between countries.
• Public Awareness and Reporting: Low levels of awareness about cybercrimes and the importance of reporting incidents to authorities can hinder effective law enforcement.

CONCLUSION:

The rules that govern cyber offences in India are currently insufficient to stop a large number of newly emerging cybercrimes, which has caused the Indian judiciary to struggle with interpreting the current legal provisions in light of the offences’ evolving character. We must also recognise, though, that cybercrimes do not originate just from within a single country. These kinds of crimes can be performed at any time and from any place in the world. It is necessary in these circumstances to have a specific theory for figuring out the legal adjudicating authorities’ authority[7].

Furthermore, as internet transcends national lines, crimes might stem from cultural variety worldwide. For example, what is legal in India may not be legal in other nations, and vice versa. For these reasons, it’s also essential to have an appropriate certifying authority in place to keep an eye on the material that’s accessible online day and night. Moreover, as a lack of standard in the legal system may result in a number of cyber offences, international agreements must be made to provide uniformity to the system.

[1] Vinod Joseph & Deeya Ray, India: Cyber Crimes Under the IPC And IT Act – An Uneasy Co-Existence, ARGUSPARTNERS (Sept. 05, 2020, 03:12 AM) https://www.mondaq.com/india/it-and-internet/891738/cyber-crimes-under-the-ipc-and-it-act–an-uneasy-coexistence

[2] Jonalam Brickey, Defining Cyber Terrorism: Capturing a Broad Range of Activities within Cyberspace, 5(8), CTC SENTINEL (Sept, 03, 2020, 02:10 AM) https://www.ctc.usma.edu/defining-cyberterrorism-capturing-a-broad-range-of-activities-in-cyberspace/.

[3] Information Technology Act, 2000.

[4] Indian Penal Code, 1860.

[5] Indian Evidence Act, 1972.

[6] Souvik Kumar Gulha, Cyber Crimes in India, SWAYAM, pdf.

[7] Research Scholar, Former Asist Prof of Law & Advocate