The Rise of Cybercrime in India: Legal Responses and Challenges

Author-Mimansa Joshi, National Law University, Punjab

Introduction

What does cybercrime mean?

Cybercrime refers to illegal actions using computers or the internet. Some examples of cybercrime include:

Selling and stealing of corporate data
Asking for payment to prevent attacks
Installing viruses on targeted computers
Hacking of either privately owned, corporate, or government computers.

Cybercrime is the term used to describe the unlawful use of computers for fraudulent, intellectual property, child pornographic trafficking, identity theft, and privacy violations.

Rise of Cybercrime in India

Cybercrime has become a major worry for countries all over the world, including India, as a result of technological improvements that have made the world more linked. Due to the nation’s expanding internet user base and swift digital transformation in multiple industries, there has been a notable increase in cybercrime, which presents formidable obstacles for individuals, enterprises, and the cybersecurity field as a whole.

Reasons for increasing Cyber Crime in India:-

Internet Penetration Surge:

Over the past ten years, India has experienced a notable increase in internet penetration. The number of people who can become victims of cybercriminals has increased dramatically as more people get access to the internet. Organizations and individuals are susceptible to cyberattacks due to insufficient cybersecurity precautions and a lack of knowledge.

Digital Shift and Online Shopping:

In India, the wave of digital transformation has resulted in a growth in digital transactions, online banking, and e-commerce. While this has made things more simple, it has also given hackers more ways to steal personal data, commit financial fraud, and take advantage of weaknesses in online platforms.

Lack of Cybersecurity Awareness and Education:

The surge in cybercrime in India is largely due to a lack of knowledge and instruction regarding cybersecurity. Many people and organizations lack the information needed to recognize possible risks or implement the necessary countermeasures. Because of this information gap, fraudsters find them to be easy targets.

Inadequate Cybersecurity Framework:

India’s cybersecurity infrastructure is still developing, and it has a difficult time keeping up with the cybercriminals’ constantly changing strategies. Critical gaps that cybercriminals might exploit have been left by inadequate investment in cybersecurity measures, antiquated systems, and a lack of collaboration between government agencies and business organizations.

Financial Gain:

By obtaining bank account details and credit card numbers through theft, or by obtaining ransom payments in return for resources or data that have been taken.

Espionage:

Cybercriminals may commit cybercrime to obtain a competitive edge or harm an organization’s reputation by stealing proprietary or confidential data.

Political or ideological motives:

Cybercriminals may target individuals or groups for political or ideological purposes, such as advancing a specific ideology or cause.

Personal motivations:

Some cybercriminals commit crimes to cause injury, harassment, or discredit to specific people or organizations.

Opportunism:

Some hackers commit cybercrime only out of a sense of obligation, using technological or human security flaws to take resources or information.

What Impact does increasing cybercrime have on India?

One of the biggest digital economies in the world, India, has suffered significant financial losses as a result of cyberattacks. These occurrences are directed toward people, companies, and financial institutions, resulting in immediate financial losses and a decline in customer confidence. Cyberattacks also interfere with corporate activities, which is very detrimental to Indian firms. They stifle productivity, damage supply chains, and paralyze vital infrastructure, all of which obstruct economic growth and progress.

Cybercrime also threatens India’s large-scale digital transformation projects. The potential benefits of a digital economy may be hampered by firms and citizens adopting digital technologies due to fear of cyberattacks, which would impede progress. This is a significant obstacle for India, which wants to use technology for digital payments, online services, and governance.

Cybercrime not only causes money losses but also threatens data security and violates privacy, which has serious social repercussions. People become more susceptible to identity theft, fraud, and harassment, which damages their mental health and undermines their faith in online platforms. Moreover, cybercrime poses distinct difficulties for Indian law enforcement organizations. Because cybercrimes are transnational in nature, it is challenging to track down and capture offenders, necessitating ongoing tool and skill enhancements for efficient investigations. In addition, the legal system encounters challenges when addressing cybercrime crimes, which impedes the administration of justice by requiring specialized knowledge and causing delays.

A loss of foreign investment and economic possibilities results from high-profile cyber incidents that damage India’s reputation as a technology and business process outsourcing hub. The expansion of e-commerce and digital payments is hampered by cybercrime, which also has an adverse effect on the economy as a whole by undermining customer confidence in digital services and online transactions.

Legal Framework of Cyber Crimes in India

Even if it’s a challenging endeavor, regulating cybercrimes is essential to a legal system. Governments are trying to control them by enacting legislative and technical measures. Although the Information Technology Act was passed by the Indian government in 2000, it was not successful in combating cybercrimes because its main goals were to promote electronic commerce and electronic governance. However, the Act’s 2008 amendments changed its emphasis to the regulation of cybercrimes. In an attempt to close the loopholes left by the previous 2000 enactment, the 2008 amendment was passed. Cybercrime is punishable by a plethora of statutes and regulations. Most of the legislation is part of the Information Technology Act (IT Act), 2000, and the Indian Penal Code (IPC), 1860. India’s general criminal code, or IPC, outlines crimes and specifies how they should be punished. The IPC, which deals with laws and penalties about the physical world, has been carefully construed and expanded by legislation to include cybercriminals. On the other hand, the IT Act is a special law about the use of technology and crimes committed by it. The IT Amendment Act, which was passed in 2008, included some offenses on the internet. Regarding cyber crime against women, the IT Act and IPC complement one another.

Hacking and Data Theft: The IT Act’s Sections 43 and 66 penalize several actions, including breaking into a computer network, stealing data, infecting and spreading viruses through networks, causing harm to computers, networks, or programs, interfering with any of these, preventing an authorized person from accessing a computer or network, destroying or damaging data stored on a computer, and more. For the aforementioned offenses, the maximum penalty is three years in prison, a fine of Rs. five lac (Rupees five lac), or both.

Since section 22 of the IPC states that the words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth, then section 378 of the IPC, which deals with “theft” of movable property, will apply to the theft of any data, whether it be online or off. Section 378 of the IPC stipulates that the maximum penalty for stealing is three (3) years in prison, a fine, or both.

According to section 424 of the IPC, “whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to 2 (two) years, or with fine, or with both.” For data theft, the previously indicated provision will also apply. Section 424 stipulates that the maximum penalty is two (two) years in prison, a fine, or both.

Role of Law Enforcement Agencies play in eradicating Cybercrime in India

Law enforcement organizations are entrusted with looking into cybercrimes and catching those responsible. This calls for the creation of specialist cybercrime units inside police forces, outfitted with the know-how and tools required to track digital traces, collect evidence, and prosecute violators. Cybercrime is a global problem that frequently crosses national lines. To effectively tackle cyber threats, teamwork between multiple law enforcement agencies, government bodies, and commercial sector groups is important. Stakeholder cooperation and information sharing are intended to be streamlined by initiatives like the Cyber Crime Cooperation Center (I4C). The MHA founded the Indian Cybercrime Coordination Centre (I4C) in New Delhi to give Law Enforcement Agencies (LEAs) a framework and ecosystem for addressing cybercrime in a coordinated and all-encompassing way.
A dedicated unit under the Central Bureau of Investigation (CBI) handles cybercrime crimes that fall under the Union Territories’ purview. The CBI established the Cyber Crime Investigation Cell (CCIC), which looks into incidents of cybercrime and assists the relevant police agencies in putting laws against cybercrime and cyber fraud into effect.

Conclusion

A comprehensive strategy is required to address the rising trend of cybercrimes in India. This strategy should include advanced cybersecurity measures, international cooperation, public awareness campaigns, and the efficient application of regulatory frameworks to guarantee a safe online environment for people and businesses.