Evaluating the Legal Framework for Combating Cyber Crime in India
Suhani Sharma, Amity University Rajasthan
ABSTRACT
India's digital growth over the past two decades has been remarkable, with the growth in people coming online, doing more transactions digitally and what not. This showcases that everyday life has moved into cyberspace but this shift has also opened the door to a growing and increasing wave of cybercrime. This paper discusses whether India's existing laws are actually equipped to deal with this reality. With the focus on three key legislations: The Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 and the Digital Personal Data Protection Act, 2023. While these laws have modernized India's legal response to digital threats, serious gaps are present between what the law says and what actually happens on the ground. The paper also mentions the obstacles that weaken the enforcement which include that tools like Tor and VPNs, the jurisdictional dead ends that arise from the borderless nature of the internet, the paper also argues that current penalties are not severe enough to stop offenders. Based on these, it suggests a move toward standardized forensic protocols, multilateral international cooperation, and dedicated cyber courts. The central argument is straightforward: India has the legislative intent, but needs to close the gap between that intent and actual implementation if it wants to protect its citizens in this age of digital crimes.
