Cyber-Crimes Issues And Challenges In A Networked Age: A Criminological Perspective

Written by: Padmakar Raghunath Joshte, LL.M., Department of Law, Chhatrapati Shivaji Maharaj University, Navi Mumbai

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Supervisor: Dr. PANKAJ DWIVEDI– Department of Law, Chhatrapati Shivaji Maharaj University, Navi Mumbai.

Abstract

Cyber-crimes present a formidable legal and policy challenge in India’s rapidly digitising ecosystem. This article critically examines the evolution of cyber offences, the Indian statutory framework—particularly the Information Technology Act, 2000—and the Indian Penal Code, 1860, alongside judicial interpretations and enforcement practices. Employing a doctrinal and comparative legal methodology, the paper explores significant jurisprudence such as Shreya Singhal v. Union of India and K.S. Puttaswamy v. Union of India to assess the judiciary's balancing of privacy, free speech, and security. The study classifies cybercrimes into offences against individuals, property, the state, and hybrid domains, while analyzing emergent threats including AI-driven crimes and deepfakes. Institutional challenges—such as limited forensic capabilities, inadequate coordination among agencies like CERT-In, and the lack of cross-border legal clarity—are critically evaluated. A comparative analysis of global cyber regimes, including the GDPR and the Budapest Convention, reveals critical gaps and opportunities for Indian reform. The paper also discusses data privacy and cybersecurity strategies, reviewing India's National Cybersecurity Policy and the pending Personal Data Protection Bill, 2019. Case studies underscore the socio-legal impact of cyber threats, while policy recommendations emphasize legislative reform, international cooperation, and public-private engagement to establish a resilient and rights-based cyber governance framework. India’s legal response to cybercrime, though progressively evolving, remains insufficient against the dynamic nature of cyber threats. A holistic, adaptive, and globally harmonized approach is imperative to safeguard national security and individual rights in cyberspace.

 Keywords: cybercrime, data privacy, Information Technology Act, cybersecurity policy, digital

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