The Evolving Cybercrime Landscape in India: Legal Challenges, Digital Evidence, and New Criminal Laws
Year: 2025
Type: article
Abstract: With the rapid expansion of digital technology, cybercrime has emerged as a significant legal challenge in India. The increasing instances of hacking, financial fraud, identity theft, cyber terrorism, and AI-driven offenses necessitate robust legal frameworks and efficient investigative mechanisms. The introduction of Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Bharatiya Sakshya Adhiniyam (BSA), 2023, marks a paradigm shift in India's criminal justice system, replacing colonial-era laws and adapting to the digital landscape. This paper examines the admissibility and investigation of digital evidence under these new laws, analyzing their significance, advantages, challenges, and implications for law enforcement, judiciary, and civil liberties. While these reforms streamline digital evidence collection and prosecution of cybercrimes, concerns persist regarding privacy violations, evidence tampering, jurisdictional issues, and forensic infrastructure gaps. The study suggests the need for specialized cyber forensic training, international cooperation, AI crime regulation, and improved cyber investigation infrastructure to ensure an effective and balanced legal regime.
Authors: Saumya Singh, Shirsh Pandey
Language: English
Subfield: Information Systems
Field: Computer Science
Domain: Physical Sciences
Open Access status: hybrid
OpenAlex ID: W4409447982