YesIndia's criminal justice system has recently undergone significant reforms, moving from colonialera laws to the Indian Judicial Code and the Indian Protection of Justice Code. However, the new codes lack comprehensive provisions to deal with digital age crimes such as cyberstalking and online financial fraud, which are rapidly gaining relevance in today's technologically driven society. The new codes do not adequately define the scope of cybercrimes that are growing in the digital age, such as cyberstalking, phishing and data breaches. Despite the increasing incidence of phishing and online financial frauds in India, the new laws do not cover the complexities involved in prosecuting such crimes. With growing concern over data breaches, the new criminal codes fail to provide specific provisions for data protection and privacy violations. The current criminal codes lack clear guidelines for collecting, preserving and presenting digital evidence in court, which is essential for prosecuting digital crimes.
Digital harassment, especially targeting women and minors, the provisions made in the new legal framework in this regard are inadequate. According to National Crime Records Bureau data, there has been a rise in cases of cyber harassment, especially against women, but the new code does not specify stringent penalties for such crimes. There are shortcomings in dealing with emerging technologies, the new laws do not take into account crimes related to emerging technologies, such as cryptocurrency scams and misuse of artificial intelligence.
Cryptocurrency fraud has highlighted the need for a legal framework to address crimes in the digital and virtual environment. Specific laws targeting various forms of cybercrime, including hacking, identity theft and cyberstalking, are needed to ensure that victims receive effective legal recourse. South Korea's Act to Promote Information and Communication Network Utilisation contains comprehensive provisions against cybercrimes, which India could emulate.
Improving data protection laws: Strengthening data privacy regulations with clear guidelines on data collection, storage and sharing. The Personal Data Protection Bill, 2019 can be amended and implemented with necessary changes to effectively address these gaps. Establishing standards for collecting, authenticating and presenting digital evidence in courts to make it admissible and reliable in criminal proceedings.
Introduce stricter penalties and support systems for victims of cyberbullying and digital harassment, with a special emphasis on protecting women and minors. The Cybercrime Prevention Plan against Women and Children enhances digital harassment measures by support through an anonymous reporting portal. Create laws that address challenges posed by emerging technologies, such as blockchain, to keep pace with technological advancements. The EU’s General Data Protection Regulation provides a flexible framework that addresses the evolving landscape of digital technologies.
India's legal framework must evolve to address the challenges of the digital age. By incorporating comprehensive cybercrime laws, enhancing data protection measures, and updating protocols for emerging technologies, India can ensure a strong and responsive legal system. This development is critical to protecting citizens in an increasingly digital world and promoting trust, security, and justice in society.
– / Written By Top News Bulletin
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