Cybercrime Under Bharatiya Nyaya Sanhita: Challenges

Cybercrime under Bharatiya Nyaya Sanhita is now addressed with new legal provisions, but challenges remain. This blog explores how the BNS handles cybercrime, the key challenges in tackling these offenses, and what it means for legal professionals and judiciary aspirants.

Introduction

Cybercrime under Bharatiya Nyaya Sanhita has become a critical focus as digital crimes like online fraud, hacking, and data theft rise in India. The Bharatiya Nyaya Sanhita (BNS), India’s new criminal law, replaces an old British law and introduces provisions to tackle modern crimes, including cybercrime. It works alongside the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) to strengthen the justice system. However, addressing cybercrime under Bharatiya Nyaya Sanhita comes with many challenges, such as the fast-changing nature of technology and the lack of resources. For lawyers, legal professionals, and judiciary aspirants, understanding these challenges is key to navigating the legal landscape. In this blog, we’ll explore how the BNS deals with cybercrime under Bharatiya Nyaya Sanhita, the main challenges in fighting these crimes, and what it means for India’s justice system.

1. What Is Cybercrime Under Bharatiya Nyaya Sanhita?

Cybercrime under Bharatiya Nyaya Sanhita refers to illegal activities that use computers, the internet, or digital devices. These crimes include online fraud, hacking, identity theft, cyberbullying, and spreading fake news. The BNS, which came into effect on July 1, 2024, addresses cybercrime by including it under broader categories like organized crime and theft. For example:

• Section 111 of the BNS: This section covers organized crime, which includes cybercrimes done by groups, such as online scams or data trafficking. If these crimes lead to someone’s death, the punishment can be as severe as life imprisonment or the death penalty.
• Section 316 (Theft in Digital Form): The BNS recognizes theft of digital property, like stealing data or money through online means, as a crime.
• Section 318 (Cheating): This section applies to online fraud, such as phishing scams where someone tricks another person into giving money or personal details.

The BNS aims to tackle cybercrime under Bharatiya Nyaya Sanhita by updating the law to include digital offenses, but the way these crimes are committed makes them hard to fight.

2. How Bharatiya Nyaya Sanhita Addresses Cybercrime

The BNS introduces several provisions to deal with cybercrime under Bharatiya Nyaya Sanhita, making the law more relevant to today’s digital world. Here’s how it helps:

• Broader Definition of Crime: The BNS includes cybercrimes under organized crime (Section 111), which covers activities like online trafficking, hacking by groups, or large-scale scams. This allows courts to punish these crimes more strictly.
• Digital Theft and Fraud: Sections 316 and 318 make it clear that stealing data or cheating someone online is a crime, just like physical theft or fraud. For example, if someone hacks into a bank account and steals money, they can be punished under the BNS.
• Support from Other Laws: The BNS works with the Bharatiya Sakshya Adhiniyam (BSA), which treats electronic records as primary evidence. This means digital evidence, like emails or chat logs, can be used in court to prove cybercrimes.
• Stricter Punishments: For serious cybercrimes, like those causing death or large-scale harm, the BNS allows punishments like life imprisonment or even the death penalty, showing a strong stance against digital crime.

These provisions show that the BNS is trying to address cybercrime under Bharatiya Nyaya Sanhita, but there are still many challenges in making these laws work effectively.

3. Challenges in Tackling Cybercrime Under Bharatiya Nyaya Sanhita

While the BNS provides a legal framework for cybercrime under Bharatiya Nyaya Sanhita, there are several challenges in fighting these crimes. Here are the main issues:

• Fast-Changing Technology: Cybercriminals use new tools and methods, like artificial intelligence (AI) to create deepfake videos or advanced hacking techniques, which the law struggles to keep up with. The BNS doesn’t have specific sections for emerging cybercrimes like deepfake fraud or ransomware, making it hard to prosecute these offenses.
• Lack of Cyber Expertise: Many police officers, lawyers, and judges are not trained to handle cybercrimes. For example, understanding how a hacker used a VPN to hide their location requires technical knowledge that most legal professionals don’t have.
• Jurisdictional Issues: Cybercrimes often cross state or country borders. If a hacker in another country targets someone in India, it’s hard to catch and punish them because the BNS applies only within India. International cooperation is needed, but it’s slow and complicated.
• Low Reporting Rates: Many victims of cybercrime, like online fraud or cyberbullying, don’t report the crime due to shame or lack of awareness. This means many cases go unpunished, weakening the fight against cybercrime under Bharatiya Nyaya Sanhita.

These challenges make it difficult to fully address cybercrime, even with the new provisions in the BNS.

4. Landmark Judgments on Cybercrime and Their Relevance

Landmark judgments by Indian courts have shaped how cybercrimes are handled, providing guidance for applying the BNS. These cases are important for understanding the legal challenges of cybercrime under Bharatiya Nyaya Sanhita:

• Shreya Singhal v. Union of India (2015): This case struck down Section 66A of the Information Technology Act, which punished offensive online messages, because it violated free speech under Article 19(1)(a) of the Constitution. The judgment highlighted the need for clear laws on cybercrime that don’t misuse power, a lesson for applying the BNS’s provisions on online fraud or organized crime.
• K.S. Puttaswamy v. Union of India (2017): This landmark case recognized the right to privacy as a fundamental right under Article 21. It’s relevant for cybercrime because many cases involve personal data theft. The BNS must balance punishing cybercriminals with protecting victims’ privacy when using digital evidence.
• Avnish Bajaj v. State (2005) (Bazee.com Case): In this case, the CEO of a website was charged for hosting illegal content. The court clarified that intermediaries (like websites) are not always liable for user content if they follow due diligence. This judgment shows the challenge of holding the right person accountable in cybercrime cases under the BNS, especially in organized crime scenarios.

These judgments highlight the legal complexities of cybercrime, such as balancing free speech, privacy, and accountability, which the BNS must address.

5. Practical Challenges for Legal Professionals

For lawyers, judges, and judiciary aspirants, dealing with cybercrime under Bharatiya Nyaya Sanhita brings practical challenges:

• Understanding Technology: Legal professionals need to learn about digital tools, like how data is stored on the cloud or how blockchain works, to handle cybercrime cases. Without this knowledge, they can’t effectively argue or judge these cases.
• Collecting Digital Evidence: The Bharatiya Sakshya Adhiniyam (BSA) allows electronic records as evidence, but collecting and verifying this evidence is hard. For example, ensuring a screenshot hasn’t been tampered with requires expert certification, which can be time-consuming and costly.
• Training and Resources: Courts and police stations, especially in rural areas, lack the technology and training to investigate cybercrimes. For instance, tracing a hacker’s IP address requires advanced tools that many police stations don’t have.
• Backlog of Cases: Cybercrime cases often take a long time to solve because of their complexity. This adds to the backlog of cases in courts, delaying justice for victims.

These practical challenges show that while the BNS provides a legal framework, its success depends on better training and resources for legal professionals.

6. What Can Be Done to Address These Challenges?

To make the fight against cybercrime under Bharatiya Nyaya Sanhita more effective, several steps can be taken:

• Update the Law Regularly: The BNS should be updated to include specific provisions for new cybercrimes, like deepfake fraud or ransomware, to keep up with technology.
• Train Legal Professionals: Police, lawyers, and judges need regular training on cybercrime investigation and digital evidence. For example, workshops on understanding hacking techniques can help them handle cases better.
• Improve Infrastructure: Courts and police stations need better technology, like cyber forensic labs, to investigate and solve cybercrimes quickly.
• Raise Public Awareness: Campaigns can encourage people to report cybercrimes and teach them how to stay safe online, like using strong passwords or avoiding suspicious links.
• International Cooperation: India should work with other countries to catch cybercriminals who operate across borders, making it easier to enforce the BNS globally.

These steps can help overcome the challenges of tackling cybercrime under Bharatiya Nyaya Sanhita and strengthen India’s justice system.

Conclusion

Cybercrime under Bharatiya Nyaya Sanhita is a growing concern as digital crimes increase in India. The BNS addresses these crimes through provisions like Section 111 for organized crime and Section 318 for online fraud, but challenges like fast-changing technology, lack of expertise, and jurisdictional issues make it hard to fight cybercrime effectively. Landmark judgments like Shreya Singhal and K.S. Puttaswamy highlight the need for clear laws that balance punishment with rights like free speech and privacy. For lawyers and judiciary aspirants, understanding these challenges is crucial for navigating cybercrime cases. By improving training, infrastructure, and public awareness, India can better tackle cybercrime under Bharatiya Nyaya Sanhita and ensure justice in the digital age.

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FAQs

1. What is cybercrime under Bharatiya Nyaya Sanhita?
   Cybercrime under Bharatiya Nyaya Sanhita includes digital crimes like online fraud, hacking, and data theft, addressed under sections like 111 and 318.
2. How does the BNS tackle cybercrime?
   The BNS includes cybercrimes under organized crime and theft, with strict punishments like life imprisonment for serious offenses.
3. What are the challenges in fighting cybercrime?
   Challenges include fast-changing technology, lack of expertise, jurisdictional issues, and low reporting rates.
4. What does the Shreya Singhal case say about cybercrime?
   It struck down a law on offensive online messages, showing the need for clear cybercrime laws that respect free speech.
5. How does the BNS handle digital evidence?
   It works with the BSA to treat electronic records as primary evidence, but collecting and verifying this evidence is challenging.
6. Why is cybercrime hard to prosecute?
   Cybercrimes often cross borders, and many legal professionals lack the technical knowledge to handle them.
7. What can be done to improve cybercrime laws?
   Update the BNS regularly, train legal professionals, improve infrastructure, and raise public awareness.
8. How does the K.S. Puttaswamy case relate to cybercrime?
   It recognized the right to privacy, which is important when using digital evidence in cybercrime cases.
9. Why should judiciary aspirants study cybercrime?
   It’s part of the Judiciary Exam syllabus, and understanding it helps in handling modern legal cases.
10. Where can I learn more about cybercrime laws?
    Join coaching classes or read legal resources to understand the BNS and its approach to cybercrime.

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