The rapid expansion of digital technologies has transformed social, economic, and political interactions across the world. India, with one of the fastest-growing digital economies, has experienced a significant rise in cybercrime alongside the expansion of internet connectivity and digital services. The Information Technology Act, 2000 (IT Act) represented India’s first comprehensive legislative framework designed to regulate cyberspace and address cyber offences. However, technological evolution and the increasing sophistication of online harms have challenged the adequacy of this statute. The enactment of new criminal laws, particularly the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023, has reshaped India’s criminal law landscape and introduced provisions that interact with the IT Act in complex ways. This paper examines the overlaps, conflicts, and gaps between the IT Act, 2000 and the new criminal laws in addressing cybercrime. It analyzes how similar conduct may fall under multiple statutory provisions, raising issues of legal interpretation, enforcement challenges, and potential double jeopardy concerns. The paper also highlights emerging threats such as deepfakes, large-scale data breaches, and cyberbullying that remain inadequately addressed within the current framework. Finally, it offers a critical perspective on the need for legislative harmonization, institutional capacity building, and the development of a modernized cyber law regime capable of responding to evolving digital threats.
Nagaich et al. (Tue,) studied this question.
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