Abstract

The worrying rise of child exploitation crimes, coupled with child exploitation and abuse in the digital world in India, has left investigators with a big problem as well as the need for a review of laws. Over the years, even with multiple pieces of legislation like the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the grey area of child exploitation continues to spread in the digital space owing to the diverse threats posed by technology and complexities involving jurisdiction. The study examines the legal provisions and investigative mechanisms that address online child abuse and exploitation while also examining the jurisdictional complexity of cross-jurisdictional cybercrimes. The present study aims to (i) understand the effectiveness of existing legal instruments (ii) evaluate the role of law enforcement agencies in investigating online occurrences of child exploitation (iii) analyse the intermingling of national and international legal systems and (iv) investigate the challenges caused due to the absence of uniformity in jurisdictional enforcement of cyber-crime laws. The methods used will be doctrinal study, case law analysis, and interviews of related stakeholders enforced on law, cybercrime units, and experts in the field of authority. This study is aimed at adding to the body of work in the legal field that is addressing the need for the betterment of India’s existing legal framework for the prevention of India in tackling cybercrimes demonstrating child exploitation. It will provide recommendations on how to better coordinate national and international agencies, potential new legislation, and best practices for effective cybercrime investigations. The national significance of this study is that it would add to the knowledge base as to the challenges and opportunities that face those who seek to combat online child exploitation so that policymakers and law enforcement will have a stronger framework from which to strengthen the national cybercrime response.

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