Published On: December 5th 2025
Authored By: Anshi Mangal
BBA University, Lucknow
ABSTRACT
Cyber space is the fastest growing sector in the world. Cyber space being an endless sphere includes both benefits and drawbacks. The advantages can be known to everyone but the drawback needs awareness. Considering cyberspace in India is certainly inviting the drawback that is the cyber crime which can be ranging from hacking, fraud, cyberstalking and other cyber offences. India becoming the second largest online market in the world leads to increase more cyber crimes as the cyber space is now accessible to the public also. To deal with cybercrimes which are intentionally committed by hackers to gain profits, the people must be made aware of the cyber laws that exist in the country so that such crimes may be prevented and the criminals may be penalized. This article focuses on the increasing rate of cybercrime in India which targets individuals, organization, company and seeks attention for better legal framework and its effective implementation in India to make the cyber-secure country.
Keywords: cyberspace, cybercrime, cyber-secure, cyber law
INTRODUCTION
Cybercrime is an unlawful act where the computer is used as a tool or target to commit an offence in cyberspace[i]
It encompasses activities such as the illegal obtaining of confidential data, unauthorized access to systems, malicious destruction of networks, and exploitation of vulnerable computers[ii]
We can categorize Cyber crimes in two ways
- The Computer as a Target :-using a computer to attack other computers.
e.g. Hacking, Virus, etc.[iii] - computer as a weapon :-using a computer to commit real world crimes.
e.g. Cyber Terrorism, frauds, etc[iv].
CYBER CRIME IN INDIA
Crimes related to Cyberspace is significantly increasing in developing nation like India. An international team of researchers has compiled the ‘World Cybercrime Index’ that ranks roughly 100 countries and identifies key hotspots according to various categories of cybercrime, including ransomware, credit card theft and scams. In this ranking, India ranks at number 10 in cybercrime[v]
Cyber accident scams where criminals lure people through fake ads or websites to click on malicious links and download malicious software, and then obtain personal data using it is one of the common cyberspace scams in India.[vi]
Hacking is the biggest nightmare to the corporate world. The hackers take the sensitive information about the company and use a variety of malicious software, such as Ransomware, Trojan, and Spyware to steal the important data and extort money from them
In 2025, India has an estimated 806 million internet users, ranking it as the second-largest digital population in the world after China.
The year 2024 has marked a new high in cybercrimes in India. As per data, the number of average complaints has increased to 7000 per day. This number is around 113.7% more in comparison to 2021–2023 and 60.9% higher than 2022–2023. In just the first 4 months, around 7,40,000 cases were registered on the Cyber Crime portal, and this number surged to 12 lakh by September 2024. Beyond the shocking case numbers, there are huge losses of capital too. Victims have collectively lost over ₹120 crores to cyber frauds in the first nine months of 2024 alone. This depicts that cybercrime in India is increasing significantly, demanding immediate attention and action.[vii]
RISING STATISTICS OF CYBER OFFENCES AGAINST WOMEN AND CHILDREN
Rising Statistics of cyber offences against women and children Recent data from the National Crime Records Bureau (NCRB) highlights the alarming trend of increasing cyber crimes against both women and children. The statistics reveal a staggering 32% rise in cyber crimes against children from 2021 to 2022. Similarly, crimes against women have also seen a notable increase, with a 4% rise in overall cases reported in the NCRB 2023 report. This increase underscores the urgent need for effective measures to safeguard these vulnerable populations in the digital landscape.
CYBER CRIME TARGETING INDIVIDUALS IN VARIOUS FORMS
The cyber-crime which is committed by an individual or a group against society[viii]
- Cyber stalking
- Cyber defamation
- Cyber hacking
- Cyber bullying
- Cyber pornography
- Cyber terrorism
- Phishing
- Digital Arrest, etc
Cyber Stalking : In simple terms, cyberstalking is an action to intimidate or harass someone through electronic media or on internet via sending messages with the intention to threaten , tease or blackmailing , etc. It may cause infringement of right to privacy of both man and women.
Punishment under Indian law: Under India’s new law, the Bharatiya Nyaya Sanhita (BNS), cyberstalking is covered under Section 78, Section 354D of the IPC with the punishment for the first offense being imprisonment up to three years and a fine, and subsequent convictions carrying imprisonment up to five years and a fine.
Landmark Judgement Shreya Singhal v. UOI [ix]
In this case section 66-A of INFORMATION TECHNOLOGY ACT, 2000 was challenged by Article 19(1)(a) of the Constitution of India right to freedom of speech and expression the judgment came that sending an offensive message through the internet is illegal and is a punishable offense. Section 66A says if anyone sends an offensive message through a communication device that is false or which is grossly offensive as this section was misused by the police so the Hon’ble SC held unconstitutional Section 66-A as it violates the fundamental right of right to speech and expression. As section 66-A is now scrapped down.
Cyber Defamation: It’s an act to defame someone in the cyberspace which hamper his or her reputation. The Cyber Defamation can be slander or libel. Cyber defamation can take various forms, such as spreading rumours, making false accusations or posting negative reviews with the intent to harm someone’s reputation. It can have serious consequences, including damage to the victim’s personal or professional life, loss of job opportunities or mental health issues.[x]
Punishment under Indian law: Section 356 BNS is a provision in Indian law that deals specifically with cyber defamation. It addresses situations where false, malicious, or harmful content is published online with the intention of defaming someone. This section provides for criminal punishment, which can include imprisonment and fines[xi]
Cyber Hacking: The person committing an unlawful act with the intention of destroying, deleting, altering or diminishing the information residing in the computer resource. This action is committed with intention to cause damages or loss to the person. According to section 66 of the IT Act Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking.[xii]
Punishment under Indian law: Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend upto two lakh rupees, or with both.[xiii]
Cyber Bullying: Its an unlawful act committed to harass, embarrass, or insult to cause emotional damage to the victim through cyberspace.
India does not have a specific cyberbullying law, but several legal provisions address different forms of online harassment and abuse.
The Information Technology Act, 2000 (IT Act)
- Section 66C: Punishes identity theft and unauthorised use of personal data.
- Section 66D: Covers cheating by personation using computer resources.
- Section 66E: Addresses the violation of privacy by capturing, publishing, or transmitting images of a private area without consent.
- Section 67: Prohibits publishing or transmitting obscene material in electronic form.
- Section 67A: Imposes strict penalties for transmitting sexually explicit content online.[xiv]
Cyber Pornography: In this person does an act intentionally or knowingly capturing and publishing obscenity or sexually explicit content of an individual that infringes his or her privacy without his or her consent through electronic media in cyberspace. Provisions of cyber pornography are there in section 67, 67-A, 67-B OF INFORMATION ACT[xv]
Punishment under legal framework: Under the Indian Information Technology (IT) Act 2000, Section 67 penalizes publishing sexually explicit material with up to 3 years in prison and a fine of up to ₹5 lakhs[xvi]
Cyber Terrorism: Cyber terrorism is a subgroup of cybercrime where terrorist group motivated by political ideology to commit attacks on computer system and infrastructure to cause disruption and physical harm or damages to advance an agenda. Under India’s Information Technology Act, 2000 (IT Act), Section 66F defines cyber terrorism as an act intended to threaten the unity, integrity, security, or sovereignty of India, or to in still terror in people by denying access to a computer resource or causing its disruption. [xvii]
Punishment under legal framework: Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life[xviii]
Phishing: Phishing is an fraudulent act which comes under cybercrime as it’s a scam perform to gain personal sensitive information such as username password or credential of the victim. Phishing falls under Section 66D of India’s Information Technology Act, 2000, which penalizes cheating by personation using computer resources.
For example: A text message claiming you’ve won a prize, asking for your banking details to claim it.
Punishment under legal framework: Imprisonment for a term which may extend to three years and/or a fine which may extend to one lakh rupees.[xix]
INDIA’S LEGAL REGIME ON CYBERCRIME
In India, The Bhartiya Nayay Sanhita, 2023, and the Information Technology Act, of 2000 are the two legislations that provide for punishment for cybercrimes in India.
The Information Technology Act, of 2000 was enacted to provide legal recognition to electronic commerce and transactions. It also provides for punishment for offences like hacking, data theft, cyber terrorism, etc. Some of the sections highlighting cybercrimes from this act are Section 43[xx], Section 6[xxi], Section 66B[xxii], Section 66C[xxiii], Section 66D[xxiv], Section 66E[xxv], Section 66F[xxvi], and Section 67[xxvii].
The Bharatiya Nyaya Sanhita (BNS), 2023, includes several provisions relevant to cybercrimes, such as Section 111[xxviii] (Organised Crime), Section 318[xxix] (Cheating), Section 319[xxx] (Cheating by Personation), Section 336[xxxi] (Forgery), Section 354F[xxxii] (Cyberstalking), Section 354H[xxxiii] (Insult to Modesty), and Section 78[xxxiv] (Stalking) which also covers cyber stalking. These sections, along with provisions from the Information Technology Act, 2000, provide a legal framework to address various digital offenses, including cyber fraud, harassment, and identity theft.
LEGISLATIVE FRAMEWORK
To combat these rising threats, India has established a robust legal framework aimed at protecting both women and children from cyber crimes. [xxxv]
|
The Information Technology Act, 2000 |
This act addresses various cyber crimes and provides guidelines for the protection of individuals online. |
|
Bharatiya Nyaya Sanhita 2023 |
Certain sections of the BNS are applicable to offenses against women and children, including those related to sexual offenses and exploitation. |
|
Protection of Children from Sexual Offences (POCSO) Act, 2012 |
This act specifically aims to protect children from sexual abuse and exploitation, providing a comprehensive legal framework for the prosecution of offenders. |
|
The Protection of Women from Domestic Violence Act, 2005 |
This act aims to protect women from domestic violence, including emotional and psychological abuse that can occur in digital spaces. |
|
The Indecent Representation of Women (Prohibition) Act, 1986 |
This act prohibits the indecent portrayal of women in various media. |
BARRIERS TO THE EFFECTIVE IMPLEMENTATION OF LAW
Key Challenges in Cybercrime Law Implementation in India :
- Outdated Legislation
The primary legal framework, the Information Technology Act, 2000 (amended in 2008), has not kept pace with technological advancement and newer forms of cyber threats such as ransomware, cyberstalking, and sophisticated financial frauds. This gap complicates effective prosecution of emerging cybercrimes.[xxxvi] - Jurisdictional Issues
Cybercrimes often cross international borders, making it difficult for Indian law enforcement to investigate and prosecute offenders located outside the country. Jurisdictional complications delay enforcement and cloud legal accountability.[xxxvii] - Lack of Skilled Personnel & Training
Many cyber police units lack trained officers and modern digital forensic tools. This deficiency hampers digital evidence collection, weakening prosecutions and increasing case dismissal rates.[xxxviii] - Public Awareness Deficit
Low awareness levels among the general public about cybersecurity risks result in under-reporting of cybercrimes and make individuals vulnerable to cyber threats, obstructing enforcement efforts.[xxxix] - Slow Judicial Process & Legal Framework Gaps
The judiciary struggles to keep pace with technological advances. Existing laws like the IT Act and Indian Penal Code are fragmented and sometimes inconsistent when applied to cyber offense investigations. Delays in adjudications disincentivize victim reporting and reduce law enforcement efficacy.[xl]
CONCLUSION
In short, to prevent cybercrime the nation should have a well defined legal framework and its effective implementation can curb cyber offences at some extent. the citizen of the nation must be made aware of the cyber laws to prevent the cyber crime, and can make personal initiative like changing their ID and password frequently to avoid such crimes . Cybercriminals will never go away. But by taking the right precautions, you can protect yourself and enjoy your online experience without worrying about their next attack.[xli]
References
[i] ‘Cyber Laws of India’ (InfoSec Awareness, no date) https://infosecawareness.in/cyber-laws-of-india accessed 18 September 2025.
[ii] Ibid
[iii] Ibid
[iv] Ibid
[v] Judicial Academy, Jharkhand, Cyber Crime Cases: Issues, Challenges & Solutions (February 2025) https://jajharkhand.in/wp-content/uploads/2025/02/Cyber-Crime-web.pdf accessed 18 September 2025.
[vi] Karthik Vijayanand, ‘Cybercrime, Cyber Protection, and Cyber Laws in India’ (2023) 3(2) JCLJ 2301. https://www.scconline.com/Members/SearchResult.aspx?documentLink=JTXT-9001874317 accessed 18 September 2025.
[vii] Judicial Academy Jharkhand, ‘Cyber Crime Cases: Issues, Challenges & Solutions’ (2025) https://jajharkhand.in/wp-content/uploads/2025/02/Cyber-Crime-web.pdf accessed 18 September 2025.
[viii] Dhruti M Kapadia, ‘Cyber Crimes Against Women And Laws In India’ LiveLaw (India, 21 November 2018) https://www.livelaw.in/cyber-crimes-against-women-and-laws-in-india accessed 18 September 2025.
[ix] Shreya Singhal v Union of India, AIR 2015 SC 1523, Writ Petition (Criminal) No. 167 of 2012, Supreme Court of India.
[x] ‘Cyber Defamation’ (Lawbhoomi, 2025) https://lawbhoomi.com/cyber-defamation/ accessed 18 September 2025.
[xi] ‘Defamatory Posts on Social Media Amount to “Cyber Defamation” U/S 356 BNS’ (AY Associates, 22 January 2025) https://ayassociates.in/2025/01/22/defamatory-posts-on-social-media-amount-to-cyber-defamation-u-s-356-bns/ accessed 18 September 2025.
[xii] ‘Hacking and Indian Laws’ (n.d.) https://dict.mizoram.gov.in/uploads/attachments/55f6ecd2c457f031104694609e8fd584/hacking-indian-laws.pdf accessed 18 September 2025.
[xiii] ibid
[xiv] ‘Cyber Bullying Law in India’ (LawCrust, 2025) https://lawcrust.com/cyber-bullying-law-india/ accessed 18 September 2025.
[xv] Information Technology Act, 2000
[xvi] Information Technology (IT) Act 2000
[xvii] Information Technology Act, 2000
[xviii] Information Technology Act, 2000 (IT Act), Section 66F
[xix] Ibid
[xx] Information Technology Act, 2000
[xxi] Ibid
[xxii] ibid
[xxiii] ibid
[xxiv] ibid
[xxv] ibid
[xxvi] ibid
[xxvii] ibid
[xxviii] Bharatiya Nyaya Sanhita (BNS), 2023
[xxix] ibid
[xxx] ibid
[xxxi] ibid
[xxxii] ibid
[xxxiii] ibid
[xxxiv] ibid
[xxxv] Judicial Academy Jharkhand, Cyber Crime Cases: Issues, Challenges & Solutions (Judicial Academy Jharkhand, February 2025) https://jajharkhand.in/wp-content/uploads/2025/02/Cyber-Crime-web.pdf accessed 18 September 2025.
[xxxvi] Challenges to Indian Law and Cyber Crime Scenario in India (LawBhoomi, 28 August 2024) https://lawbhoomi.com/challenges-to-indian-law-and-cyber-crime-scenario-in-india/ accessed 18 September 2025.
[xxxvii] African Journal of Biomedical Research, Challenges and Legal Gaps in India’s Cybersecurity Landscape (2024) https://africanjournalofbiomedicalresearch.com/index.php/AJBR/article/download/5724/4494/10957 accessed 18 September 2025.
[xxxviii] Cybersecurity Laws in India: Challenges and Loopholes (Zettawise, 3 March 2025) https://zettawise.in/blog/article/cybersecurity-laws-in-india-challenges-and-loopholes accessed 18 September 2025.
[xxxix] Sakshi Singh, ‘Rise Of Cybercrime In India: Legal Gaps And Enforcement Challenges In The Domain Of Indian Law’ (JASRAE, 9 August 2025) https://www.ijllr.com/post/rise-of-cybercrime-in-india-legal-gaps-and-enforcement-challenges-in-the-domain-of-indian-law accessed 18 September 2025.
[xl] Challenges to Indian Law and Cybercrime (Bytescare, 26 November 2024) https://bytescare.com/blog/challenges-to-indian-law-and-cybercrime accessed 18 September 2025.
[xli] Karthik Vijayanand, ‘Cybercrime, Cyber Protection, and Cyber Laws in India’ (2023) 3(2) JCLJ 2301. https://www.scconline.com/Members/SearchResult.aspx?documentLink=JTXT-9001874317 accessed 18 September 2025
