Authored By: Khushi Bhatnagar
University of Mumbai law academy
At present, every field and aspect of life demands digitalization, whether its banking, communication, shopping, education, as well as governance. The transformation from books and papers to rapid digital era, makes the knowledge of cyber laws essential. In India Cyber law predominantly operates around Information Technology Act,2000, accompanied by Bhartiya Nyaya Sanhita 2023, and Digital Personal Data Protection Act, 2023 (DPDP Act) and other significant statutes.
INTRODUCTION ~ What explains Cyber laws and its relation to Bhartiya Nyaya Sanhita?
[1]In unadorned language, Cyber Law refers to governing the use of computers and digital services, protection of personal data, online transactions and communications which has its negative connotation known as cybercrimes such as hacking, identity theft, online fraud, cyberstalking and digital defamation. The Bhartiya Nyaya Sanhita recognizes online crimes, from fake job offers and phishing emails to cryptocurrency scams and impersonation leading to cheating and dishonestly inducing delivery of property. Few significant Cyber offences under BNS include ~.
Cyber cheating and Fraud ~ One of the most common cybercrimes today is online cheating. Fraudsters impersonate bank officials, create fake investment schemes, sending phishing emails, or operating fraudulent job portals. Under the Bhartiya Nyaya Sanhita 2023, cheating and dishonestly inducing delivery of property are punishable offences, irrespective of whether they occur physically or digitally. If a person is lured into sharing OTP details or transferring money online, the act constitutes cheating under BNS, often read alongside relevant provisions of the Information technology Act. The law treats digital subterfuge as seriously as offline fraud, and penalties may include imprisonment and fines depending on the gravity of the offence.
Identity Theft ~ Continuous act of sending threatening messages, monitoring someone’s social media activity and account, or engaging in online harassment and vulgarity constitutes criminal misconduct under BNS provisions relating to criminal intimidation and harassment. Women and minors are afforded special protection under the law. Digital platforms do not prevent offenders from liability; sending threats via WhatsApp or Instagram is treated the same as implementing threats in person. Victims may seek both criminal prosecution and protective remedies as justice will ensure fairness and reasonable accountability.Publication of Obscene or
Intimate Content ~ Circulating private or intimate images without consent and knowledge of the said person is a serious offence under Section 77 which deals with voyeurism. Under BNS provisions protecting dignity and modesty of woman and children are specialized, along with relevant sections of the IT Act, such acts can lead to imprisonment up to 3 years and fines. Courts take a strict view of so-called “revenge pornography” or mutating of images. Victims can request immediate removal of such content and initiate criminal proceedings by seeking assistance from cyber security division.
Digital Defamation ~Posting false information or damaging statements about a person on social media may amount to defamation under the BNS. Even though the communication occurs through online platforms, the harm to reputation is real and legally actionable. A victim may pursue criminal remedies and may also file a civil suit for damages or injunction. Although if the digitally supplied information is true and authentic or even if false but in good faith or in public interest and protection it will not amount to digital defamation.
Data Misuse and Privacy Violations ~ In cases where personal data is unlawfully processed or leaked, remedies are provided under the Digital Personal Data Protection Act, 2023. Although, BNS considers criminal misconduct, the DPDP Act focuses on obligations of companies handling personal data and provides for penalties in cases of data breaches or intentional leaks and misuse. Individuals can first complain to the concerned company and, if unsatisfied, escalate the issue before the Data Protection Board for in-depth analysis and interpretation.
LAYMAN APPLICATION PROCEDURE IN CASE OF CYBERCRIMES.
[2]The foremost and crucial step for victim of the cybercrime is preserving the evidence. This may include screenshots or screen recording of the chats, emails, transaction receipts, URLs and profile links. Digital evidence is necessary to safeguard as it fosters investigation and prosecution. It strengthens the case.
In cases of monetary frauds, the victim should promptly call at the national cyber helpline at 1930. Early reporting obstructs the accused from fleeing away and increases the chances of freezing the transactions. Simultaneously, the victim should ensure that the bank is duly informed about the incident, so they can proceed with suspension of transactions.
Citizens can file complaints regarding any cybercrime through National Cyber Crime Reporting Portal, operating under Ministry of Home Affairs. This requires minimum personal information and preferences like mobile number, complaint category, digital evidence and then eventually submission of the form. A tracking number is provided by the portal for efficiency and informed process updates. To prevent the identity of victims in sexual exploitation or sensitive matters, cases are filed anonymously.
The Bhartiya Nagarik Suraksha Sanhita, 2023 provides proper procedure for a victim to approach the police relating to various cybercrimes. The police is required to register an FIR (First Information Report) in cases of cognizable offences. Furthermore, the victim is required to lodge a written complaint. In addition to this the concept of Zero FIR allows filing at any police station irrespective of territorial jurisdiction to accelerate justice and prevent inaccuracy.
After registration of FIR, investigation commences. The authorities may seize digital devices, conduct forensic analysis, record statements of the victim and the suspects, in co-ordination with the banks the authorities hold the power to freeze bank accounts.
Victim has the right to seek compensation, to be informed about the investigation and most importantly should have a copy of the FIR. It is to be noted that the court’s award is proportionate to the harm suffered. The protective measures for women and children are stringent and identity of victims should be secrete.
NATURE OF EVIDENCE IN CYBERCRIMES.
[3]Unlike traditional crimes, cyber offences are usually related to only electronic records. These refer to email communications in phishing scams, bank server logs in online financial fraud, IP address tracking with consent and knowledge, Chat screenshots in cyber harassment matters, date and device information in identity theft cases, malware reports in ransomware attacks and bank receipts in cases of financial frauds. Section 65A and 65B of Indian Evidence Act, specifies procedures for proving electronic records in court. It necessitates that electronic records must be proved in accordance with section 65B, making it compulsory for court trials. Also admissibility of the evidence is based on the authenticity of the evidence. The electronic record should be identified, described in detail that how it was produced, Provide particulars of the device involved, Certify compliance with Section 65B and it should be duly signed by the person responsible in the official position.
In Case of Anvar P.V v. P.K Basheer 2014, The Supreme Court of India intrepreted the admissibility of electronic records including videos and documents. The court held that primary evidence is preferred, but if secondary evidence is provided it should be produced with a certificate under Section 65B(4). It ensure that the evidence is not tampered, making it a crucial precedent for the judiciary and Indian Law.
CONCLUSION
[4]The laws relating to cybercrimes are protective and sufficient in nature, although in-depth awareness is necessary to prevent such crimes, simultaneously facilitating technological advancement with procedural and constitutional safeguards. The admissibility of evidence in cybercrime prosecutions represents the spine of digital justice in India. The stringent nature of cyber evidence demands heightened procedural safeguards, and the statutory framework under the Indian Evidence Act ensures that courts rely only on verified and legally acknowledged electronic records. When interpreted alongside the IT Act and the Bharatiya Nyaya Sanhita,2023, the law forms a structured and evolving relation to technological crime. As cyber offences grow more urbane or wordly-wise—through artificial intelligence, encryption, and cross-border networks—the strength of prosecution will continue to rest on rigorous evidence collection, procedural compliance, and judicial vigilance in accordance with honesty, non-corruption and due diligence. In the digital age, the rule of law survives not merely through punishment of cyber offenders, but through disciplined and reliable proof of digital wrongdoing. The procedural dimension of cybercrime complaints further underscores the technical nature of these offences. Victims may initiate complaints through local police stations, cybercrime cells, or the National Cyber Crime Reporting Portal. Investigation typically involves seizure of devices, forensic imaging, tracing of IP addresses, analysis of server data, and coordination with intermediaries such as banks and telecom providers. Preservation of digital evidence at the earliest stage is critical, as delay can result in overwriting, deletion, or remote tampering. The application procedure therefore integrates criminal law mechanisms with technological forensics, making cybercrime investigation a specialized field requiring technical expertise alongside legal compliance. The interrelationship between these statutes highlights a coherent structure:
The IT Act defines and penalizes cyber-specific offences.
The BNS addresses general criminal conduct committed through digital platforms.
The Evidence Act regulates admissibility and proof of electronic material.
Without strict adherence to evidentiary requirements, even the strongest substantive offence under the IT Act or BNS may fail in court. Cybercrime trials therefore depend not only on establishing criminal intent but on demonstrating an unbroken digital chain—authentic data extraction, certified copies, preserved hash values, and credible forensic testimony. All the above mention information encompasses India’s dedication in eliminating cybercrimes from its root and ensuring the safety of the citizens.
Reference(S):
[1] Devgan.in ~ https:devgan.in
[2] Akshat Ramakant Sharma, Cyber- An Era of Crime and Laws (8 May 2024)
[3] Santosh Kumar and Gagandeep Kaur, Cyber ~ crimes and laws (3rd edition- 2023)
[4] ibid
