Cyber Crime and the Challenges of Prosecution and Prevention

  • Urja Lunia and Jay Kumar Gupta
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  • Urja Lunia

    Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, India

  • Jay Kumar Gupta

    Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, India

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Abstract

The swift increase in internet access and electronic transactions in India has raised worries about cybersecurity, which makes it more difficult to prosecute cybercrimes. This essay examines the difficulties associated with prosecuting cyber crimes in India, emphasising important problems such inadequate laws, a lack of knowledge, jurisdictional difficulties, and the quick speed at which technology is developing. Important obstacles include a lack of knowledge about cybersecurity between people and organisations, a manpower deficit, and jurisdictional problems brought on by the international reach of cybercrimes. Also, many of the regulations in place today—such as the Information Technology Act of 2000—are out of date, which means that new laws must be passed on a regular basis to deal with new dangers. Inadequate coordination among diverse law enforcement organisations frequently impedes the success of prosecutions. Insufficient reporting and poor conviction rates are also caused by businesses' unwillingness to disclose cybercrimes for fear of harming their reputation. Cybercrime cases need very complicated investigation, which includes identifying, preserving, collecting, analysing, and presenting digital evidence. Major hurdles include jurisdictional issues, the volatility and ease of change of digital evidence, and the use of encryption and anonymity by hackers. The study emphasises the need for enhanced technology capabilities, strong regulations, and specialised training for legal and law enforcement personnel. The enhancement of cybercrime investigation and prosecution necessitates the investment in contemporary forensic tools, international coordination, and public-private cooperation. Resolving these issues is essential to fostering confidence and trust in India's digital environment, which is critical for the growth of e-commerce and e-governance initiatives.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 1038 - 1052

DOI: https://doij.org/10.10000/IJLMH.118109

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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