Preventing Cybercrime in India: A Critical Analysis of Legal Frameworks and Enforcement Mechanisms
DOI:
https://doi.org/10.64882/ijrt.v13.i4.914Keywords:
Cybercrime Prevention, Information Technology Act, 2000, Cyber Law Enforcement, Judicial Interpretation, Cybersecurity Governance, Digital Crimes in IndiaAbstract
The rapid digital transformation of India has significantly enhanced economic efficiency, governance delivery, and social connectivity; however, it has simultaneously created fertile ground for the proliferation of cybercrime. India has witnessed an alarming rise in cyber offences such as online financial fraud, identity theft, cyberstalking, data breaches, ransomware attacks, and cyber terrorism, affecting individuals, corporations, and state institutions alike. In response, the Indian legal system has evolved through the enactment of the Information Technology Act, 2000, amendments to criminal and procedural laws, and the establishment of specialized enforcement agencies. Despite these efforts, cybercrime continues to grow in scale, sophistication, and transnational reach, raising serious concerns about the adequacy and effectiveness of existing preventive mechanisms.
This research paper critically examines the legal frameworks and enforcement mechanisms governing cybercrime prevention in India. It analyses statutory provisions, institutional structures, judicial interpretations, and enforcement practices to assess whether they are capable of addressing contemporary cyber threats. The study further explores the practical challenges faced by law enforcement agencies and courts, including technological limitations, jurisdictional complexities, evidentiary hurdles, and capacity constraints. Drawing upon statutory analysis, case law, official reports, and scholarly literature, the paper identifies structural gaps within India’s cybercrime governance regime. It argues that while India possesses a foundational legal framework for combating cybercrime, the system remains largely reactive, fragmented, and inadequately equipped to deal with emerging digital risks. The paper concludes by proposing legal, institutional, and policy reforms aimed at strengthening preventive capacity, enhancing enforcement effectiveness, and ensuring greater cyber resilience in India.
References
I. Gupta, “Evolving scope of intermediary liability in India,” International Review of Law, Computers & Technology, 2023 (Taylor & Francis), doi: 10.1080/13600869.2022.2164838.
Centre for Communication Governance (CCG), Delhi, “Report on Intermediary Liability in India,” (report/PDF).
CERT-In (Govt. of India), “Directions under section 70B of the IT Act (28.04.2022),” Direction No. 20(3)/2022-CERT-In (PDF).
Internet Society, “Internet Impact Brief: India CERT-In Cybersecurity Directions 2022,” 1 June 2022.
ORF, “India’s Cyber Forensics Push Since 2020: Building National Capacity for Digital Investigations,” 24 June 2025.
ORF, “Building cyber security capacity of Indian law enforcement agencies,” 22 Dec 2016.
UNODC, “United Nations Convention against Cybercrime” (treaty overview page; adopted 24 Dec 2024).
UNODC, “Transnational Organized Crime and the Convergence of Criminal Networks in Southeast Asia” (report/PDF), 2024.
Reuters, “India says cyber fraud cases jumped over four-fold in FY2024, caused $20 mln losses,” 11 Mar 2025.
Reuters, “India to compensate customers for small digital frauds, central bank says,” 6 Feb 2026.
Reserve Bank of India, “FAQs on Master Directions on Fraud Risk Management,” 22 Apr 2025.
Press Information Bureau (PIB), Govt. of India, “Cyber security and financial fraud combat” (I4C institutional update), 17 Dec 2025.
Indian Cyber Crime Coordination Centre (I4C), MHA, “About I4C” (institutional framework page).
I4C (MHA), “Advisories” (e.g., Digital Arrest advisory, etc.).
Economic & Political Weekly (EPW) Engage, “Emergence of Social Engineering Attacks—Perils of Digital …,” 13 Jul 2024.
G. Makam, “Cybercrime and Electronic Evidence in India: a Comprehensive Analysis,” SSRN, 11 June 2023, doi: 10.2139/ssrn.4475784.
Y. Pai & N. Daryanani, “Online Intermediary Liability and Privacy in India,” SSRN, 30 June 2016, doi: 10.2139/ssrn.2856527.
N. Mishra, “Emerging framework for non-personal data protection in India,” International Journal of Law and Information Technology (OUP), 2026.
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