ENDURING THE TECHNOLOGICAL CRIMES AND LAWS TO CURTAIL THEM- A LEGAL AND POLICY ANALYSIS

Abstract

The exponential growth of digital technologies in the present era has redefined communication, commerce, governance, and personal interaction. Parallel to this digital revolution, however, there has been a significant proliferation of technological crimes—legally recognized as cybercrimes. These encompass a wide spectrum of offenses including identity theft, phishing, cyber fraud, data breaches, ransomware attacks, online defamation, and cyber terrorism. By exploiting the anonymity, speed, and transnational nature of cyberspace, such offenses pose profound challenges to conventional policing, jurisdictional competence, and the enforcement of sovereign authority.

This study undertakes a critical analysis of the emerging contours of cybercrime and evaluates the sufficiency of both national and international legal frameworks in mitigating these threats. Particular emphasis is placed on India’s Information Technology Act, 2000 and the Budapest Convention on Cybercrime, examined alongside judicial pronouncements and enforcement practices. Adopting a comparative legal methodology, the paper identifies systemic deficiencies, such as jurisdictional conflicts, inadequate digital forensic infrastructure, issues of data sovereignty, and the absence of harmonized transnational standards.

The research underscores the necessity for dynamic and technology-sensitive legal mechanisms. It advocates enhanced international cooperation, institutional capacity building, and collaborative governance through public–private partnerships. Furthermore, it recognizes the prospective role of emerging technologies such as Artificial Intelligence and blockchain in augmenting cyber governance and evidentiary processes.

The findings reveal that while notable strides have been made, existing legal responses remain fragmented and reactive. Accordingly, the paper recommends comprehensive reforms, including periodic statutory amendments, the strengthening of multilateral treaties, promotion of cybersecurity literacy, and the establishment of specialized cybercrime adjudicatory bodies. Such measures are imperative to safeguard digital rights, ensure accountability in cyberspace, and construct a resilient and future-ready legal architecture.