In today’s interconnected digital landscape, the prevalence of cybercrime has reached unprecedented levels, posing significant threats to individuals, businesses
In the ever-expanding digital realm, cybercrime has surged to unprecedented levels, posing a substantial threat to individuals, businesses, and nations. As technology is advancing so are tactics of cybercriminals, ranging from sophisticated hacking and ransomware attacks to identity theft and online fraud.
Advocate Snigdha Singhi recently highlighted the challenges faced by India in combating cybercrime. She emphasised the inadequacy of the current legal framework, specifically the Information Technology Act of 2000, in addressing the rapidly evolving technological landscape.
Singhi expressed concern over the low conviction rate of cybercriminals in India, attributing it to the use of encryption tools and the Darknet, which enable criminals to conceal their identities. One major hurdle she pointed out is the lack of a common legal framework to handle international cyber offences, hindering effective adjudication.
“Criminals committing cybercrimes use encryption tools which help them to conceal the information and not get caught by law enforcement authorities,” Singhi said, adding that the utilisation of the Darknet further complicates investigations by allowing criminals to mask their identities.
Kumar Kislay, Partner at JSA Advocates & Solicitors, acknowledged the existing legal provisions but emphasized challenges such as the lack of effective reciprocal arrangements and extradition mechanisms with other countries. He highlighted the protective measures under the IT Act, 2000, and its associated rules governing data protection and interception.
Looking ahead, Kislay said, “The new regime under the proposed Digital India Bill, 2023 and the Digital Personal Data Protection Act, 2023 aims to empower individuals to take control of their personal data and to support organisations with their lawful processing of personal data.”
Looking to the future, Kislay mentioned the proposed Digital India Bill, 2023, and the Digital Personal Data Protection Act, 2023, aiming to empower individuals and support organisations in lawful data processing. He also discussed the admissibility of digital evidence in Indian courts, referring to Section 65B of the Indian Evidence Act, 1872, and the recently-enacted Bharatiya Sakshya Act, 2023, reinforcing the legal standing of electronic records.
In addressing the evolving technology landscape, Kislay applauded the integration of information technology into the judicial system, citing the use of virtual modes for witness examination, dedicated e-courts, and a focus on virtual courts as positive steps.
To combat cyber threats effectively, Singhi stressed the importance of promoting awareness, enforcing comprehensive data protection laws, and encouraging robust cybersecurity infrastructure. She believes these measures, along with international cooperation, can contribute to a more secure digital environment with improved conviction rates in cybercrime cases.
As India grapples with the challenges posed by cybercrime, legal experts like Singhi and Kislay advocate for a holistic approach that combines legal reforms, technological advancements, and international cooperation to safeguard the increasingly digitised world.
