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Dear Reader,
The Legal Department at UJA is delighted to impart certain legal knowledge as construed under the Legal Chronicle to keep the readers aware of the recent updates and developments that revolve around various aspects of the law. Our ultimate goal is to enable our readers to develop a sense of familiarity with the complexities of Indian as well as international law.
In this edition of Legal Chronicle, we will explore the growing prevalence of cybercrimes in India and examine the role of legal mechanisms in safeguarding and ensuring digital security across the country.
We hope that this edition creates a sense of enthusiasm for our readers and successfully delivers the plethora of legal knowledge as intended. In case you have any feedback or need us to include any information to make this issue more informative, please feel free to write to us at legal@uja.in
Cybercrime mainly refers to the criminal activities that are carried out with the use of computers and the internet. The activities include hacking, malware attacks, data theft, and the involvement of financial fraud as well. At present, all businesses in India, governments and individuals ideally rely over digital platforms to conduct their business practices. The digital platforms are prone to various cyber threats.
India boasts the largest number of consumers accessing digital services, driven by the rapid growth of e-commerce, fintech, education, and healthcare sectors. Given its expansive digital footprint, it is essential for India to establish a robust framework to address the challenges and capitalize on the opportunities within the digital landscape.
In the year 2024, within the first four months almost 740,000 cases related with cybercrime were reported before the “Indian Cyber Crime Coordination Centre (I4C)”. There has been a massive surge in cases related to cyber-crimes in India between the years 2019 and 2020. Hence, 85 percent of all the reports that were filed in the year 2024 have been related to financial fraud committed through digital platforms.
Types of Cyber Crime:
Additionally, Section 294 broadens the definition of obscene material to include content shared electronically. These updates attempt to strengthen the legal framework, ensuring that cybercriminals are swiftly identified and convicted.
Section 63 of the BSA has introduced various safeguards and guidelines that determine the admissibility of electronic evidence, requiring it to meet specific criteria before being submitted to the court.
Case: Shreya Singhal v. Union of India, [2015] 5 S.C.R. 963
Petitioner: Shreya Singhal
Respondent: Union of India
In its judgment, the Supreme Court emphasized that an outright ban on virtual currencies would be an excessive measure for their regulation. It also declared the ban to be unconstitutional, stating that it violated the right to carry on trade and commerce as guaranteed under Article 19(1)(g) of the Indian Constitution.
In conclusion, the Hon’ble Court acknowledged that the RBI held broad powers, both in statutory regulation and in playing a special role in the country’s economy. It clarified that while the RBI could exercise these powers in a preventive manner, there are limits to how and to what extent they can be applied. Therefore, the Hon’ble Court lifted the RBI-imposed ban on trading in virtual currencies.
In conclusion, as cybercrimes continues to evolve with the increasing reliance on digital platforms by businesses, governments, and individuals, the need for robust cybersecurity measures has never been more critical. With India’s rapidly growing digital economy, particularly in sectors like e-commerce, fintech, education, and healthcare, India stands as one of the largest consumers of digital services. This underscores the pressing importance of the legal mechanisms present in India to protect against the rising threats of cybercrime, ensuring the security and trust essential for the continued growth of India’s digital landscape.
This document is intended to provide general information and is not intended to be substituted for any legal or professional advice. This document is meant exclusively for informational purposes and not for advertising or solicitation. UJA has made significant efforts to ensure that the information contained in this document is accurate and reliable. However, the information herein is provided “as is” without warranty of any kind. UJA hereby disclaims all responsibility and liability, whether stated or implied, for the accuracy, validity, adequacy, reliability, or completeness of any information provided under this document. In no event shall UJA be held liable for any losses or damages whatsoever incurred as a result of using this document.
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