CYBERCRIME AND DIGITAL POLICING:  EFFICACY OF THE BHARTIYA NYAYA SANHITA 2023

The development in information technology and electronic media especially from 1980’s onwards has given rise to new variety of computer related crimes which are commonly called “cybercrimes”. The widespread growth of these crimes has become a matter of global concern and a challenge for the law these crimes, they can be committed anonymously and far away from the victim without being physically present here. Simply to put the crime where there is misuse of computers and technology to commit fraud, violate privacy, sabotage systems, or steal data, that’s cybercrime. Picture this: a single deceptive email (phishing) unlocks a company’s payroll, or a quietly planted ransomware encrypts a hospital’s patient records — the harm is real, fast and often far-reaching.

A cybercrime may be defined as any criminal activity that uses a computer either as an instrumentality, target or means of perpetrating further crime. In other words, cybercrime is an unlawful act wherein the computer is either a tool or a target or both.

The distinction between cybercrime and conventional crime lies in the involvement of the medium in cases of cybercrime. that is, there should be involvement, at any stage, of the virtue cyberspace medium in case of a cybercrime.

The Bhartiya Nyaya Sanhita 2023 marks a progressive step in modernizing India’s criminal justice system to meet digital age challenges. With strong execution, the BNS can pave the way for secure and digitally resilient justice system.

ILLUSTRATION:

These crimes cover a wide range of illegal computer related activities such as spoofing of communication services, dissemination of pornographic and offensive material on cyberspace electronic vandalism terrorism, extortion, frauds, unauthorized access, cheating, forgery, online gambling, sale of illegal article, etc.

In a sense, it is not radically different from any concept of conventional crime insofar as both include conduct act or omission, which measures breach of law and is punishable by the law.

• Terrorist attack on Indian parliament on 13^th December ,2001is a glaring illustration on the point.
• Computer technology was misused which led to collapse of world trade tower building in USA on September 11, 2001.
• The terrorist attack on Mumbai Taj Hotel on 26^th November, 2008 is yet another example wherein nearly 250 people lost their life.

 EFFICACY OF THE BHARTIYA NYAYA SANHITA 2023

Bhartiya Nyaya Sanhita, 2023(BNS) ^[1] – Marking a major shift in India’s criminal system, especially in addressing cybercrime. one the changes in the new  law is to cope with the growing scale and complexity of cybercrime by modernizing both the definition and investigation of cybercrimes ,Colonial-era laws were not equipped to handle a modern digital threats .unlike Indian penal code that  treated cyber offences as a separate  and secondary , BNS integrates them directly into the main criminal code . BNS ensures a more effective and relevant approach to justice digital era. BNS also straightens the legal framework for collecting and using digital evidence helping law enforcement keep up with rapid technological change.

 Avinash v. state of Karnataka
The Court granted regular bail to Avinash, noting procedural lapses. It held that the trial court wrongly allowed the use of Sections 111(3) & 111(4) of the BNS, 2023 without proper application of mind. The petitioner was arrested under the BNS and IT Act.

Google India Pvt. Ltd. v. Visaka Industries Ltd.

The Court held that Google can be tried for criminal defamation for not removing defamatory content after being legally notified. Section 79 IT Act protects intermediaries, but this protection is lost if they have actual knowledge (via court or government notice) and fail to act. Platforms must remove unlawful content once legally notified or face liability.

KEY PROVISIONS ON CYBER CRIME

The Bhartiya Nyaya Sanhita does not have a single dedicated dealing with all cyber-crimes but for there are provisions for crimes that can be committed using electronic means. The BNS and IT operate together to cover digital aspects of criminal activities. some of the sections are: sec.111, sec.196.sec.152sec.75, sec77, sec.78, sec.79, sec.319, Sec.351(4), sec.336, sec. sec.353, sec 356, etc.

1. ACKNOWLEDGMENT OF CYBER CRIME – BNS identifies crimes like online fraud, cyberstalking, digital defamation and privacy breaches, earlies covered under IT Act 2000. Now it bridges the gap by recognizing technology driven crimes as punishable offences.
2. DIGITAL EVIDENCE AND POLICING – promotes the use technology, forensics, and case management enabling online FIRs, digital summons, and virtual witness statements to strengthen cyber investigations.
3. STRONGER PENALTIES – BNS imposes harsher punishments for offenses such as deepfake misuse, online harassment and cyberstalking, particularly protecting women and minors.
4. DIGITAL POLICING AND IMPROVMENTS – encourages tech-based policing for quicker investigation, better coordination across the states, and alignment with other laws like Data Protection Act 2023.
5. BENEFITS – Ensures faster response, standardized procedure, and clear cyber jurisdiction improving efficiency in handling digital crimes
6. IMPLEMENTATION CHALLENGES – challenges like facing hurdles of poor cyber infrastructure, lack of trained experts, overlapping legal framework, and privacy risks from increased surveillance powers.

LOOSE ENDS IN BNS

IN the rapidly evolving domain of digital crime, the gaps in existing cyberlaw pose major challenges for judicial and law enforcement systems. despite new legislation, many issues remain unsolved – particularly the absences of clear definitions for emerging crimes involving cryptocurrency, artificial intelligences and digital misinformation. the judiciary often faces interpretative challenges due to outdated legal provisions that fail to address technological complexities. crimes linked to blockchain or AI remain legally ambiguous making prosecution and prevention difficult. Jurisdictional conflicts further compound the issue as most cybercrimes transcend state and international boundaries consequently victims of such crimes frequently lack effective legal remedies.

 OTHER PREVENTIVE MEASURES: LEGISLATION

• The Information Technology Act 2000 (IT): The act was enacted for in India for prevention and control of cybercrimes. Act based on the UNCITRAL^[2] Model Law on e-commerce 1996, to enact or revise their cyber laws at international level. Chapter IX of the IT ACT 2000 deals with the cybercrimes which are punishable with fine only whereas chapter XI enumerates the cybercrime which are punishable with the imprisonment and fine.
• The Digital Millennium Copyright Act 1998: Although US law, it has been adopted by India, providing legal protection for digital content.
• The Copyright Act, 1957– The act outlines the rights and responsibilities of copyright owners and provides legal remedies for copyright infringement.
• The trademark act, 1999- Prevents the malicious registration od domain names identical or confusing similar or unauthorised use of company’s trademark within a websites metadata.
• The Companies Act 2013- Requires the companies to ensure that their electronic records and system are secure from unauthorised access.
• Personal Data Protection Act 2023(DPDP) – Mandating all the personal data be handled lawfully and user consent. Imposes penalties for data breached.  establishes India’s first comprehensive data protection framework that balances privacy rights with lawful data processing.

CONCLUSION

Cybercrime has emerged as one of the most pressing challenges in the digital era, evolving rapidly alongside technological advancements. Through the definition and illustrations, it’s clear that no individual or a nation is safe from cyberattacks. The success of the law in addressing cybersecurity is not merely a legal necessity but a collective responsibility to ensure safe digital world where everyone is not afraid of the person breaching the privacy, rights and trust.

^[1] https://www.indiacode.nic.in/handle/123456789/20062

^[2]UNCITRAL Model Law on Electronic Commerce (UNCITRAL) https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_commerce