Cybercrime and Digital Policing: Efficacy of the Bharatiya Nyaya Sanhita,  2023 

Abstract 

The advent of the digital era has fundamentally transformed the landscape of criminal  activity, necessitating comprehensive legislative reform to address emerging cyber  threats. This article examines the efficacy of Bharatiya Nyaya Sanhita (BNS) 2023 in  combating cybercrime and enhancing digital policing capabilities. Replacing the  Indian Penal Code 1860, the BNS 2023 Serves as a typical or ideal example of a shift  towards recognizing cybercrime as a central rather than peripheral challenge within  India’s criminal justice framework. Through doctrinal analysis and comparative  evaluation against international standards, this study assesses the legislation’s key  provisions, including Section 111’s treatment of organized cybercrime, enhanced  digital forensics procedures under Section 349, and modernized approaches to digital  evidence collection. The research identifies significant strengths in the BNS 2023’s  integrated approach to cybercrime legislation, particularly its emphasis on  technological neutrality and recognition of intricate criminal networks operating in  digital spaces. However, the analysis also reveals critical implementation challenges,  including definitional Uncertainties, resource constraints within law enforcement  agencies, and the need for enhanced international cooperation mechanisms. The  article concludes that while the BNS 2023 provides a robust foundation for addressing  contemporary cybercrime, its ultimate efficacy depends upon substantial investments  in technological infrastructure, personnel capacity building, and continuous adaptation  to rapidly evolving digital threats. This legislative reform represents a crucial step in  India’s digital transformation journey, balancing the imperatives of crime prevention  with the protection of digital rights and civil liberties. 

Introduction 

The digital revolution has fundamentally transformed criminal activities, creating unheard-of  challenges for traditional criminal justice systems worldwide. In contemporary society,  criminal activities increasingly transcend physical boundaries, operating through complex  digital networks that span multiple jurisdictions and employ sophisticated technological tools.  Cybercriminals leverage emerging technologies, including artificial intelligence, blockchain, encryption protocols, and the dark web, to perpetrate offenses ranging from financial fraud  and identity theft to cyber terrorism and state-sponsored attacks. 

Recognizing this paradigm shift and the inadequacy of colonial-era legal frameworks to  address twenty-first-century criminal challenges, India introduced the Bharatiya Nyaya  Sanhita (BNS) 2023, which came into effect on July 1, 2024, replacing the Indian Penal Code  of 1860. This landmark legislation represents not merely an update but a comprehensive  reconceptualization of India’s criminal justice framework, designed to address the  multifaceted challenges posed by cybercrime and digital offenses in an increasingly  interconnected world. 

The BNS 2023 emerges from extensive deliberations by legal scholars, practitioners, and  policymakers who recognized that the existing legal infrastructure, developed during the  British colonial period, was fundamentally ill-equipped to handle the complexities of digital age criminality. The legislation represents a synthesis of traditional criminal law principles  with cutting-edge approaches to digital crime prevention, investigation, and prosecution. 

Evolution from IPC 1860 to BNS 2023 

The trajectory from the Indian Penal Code 1860 to the Bharatiya Nyaya Sanhita 2023  represents India’s evolving understanding of crime, technology, and legal adaptation. The IPC  1860, drafted during the British colonial period, was primarily concerned with physical  crimes, property offenses, and personal injuries within a largely agrarian society. The code’s  provisions reflected nineteenth-century criminal patterns and investigative capabilities, with  no conception of the digital technologies that would eventually revolutionize both criminal  activity and law enforcement. 

The first serious attempt to address technology-based offences was the Information  Technology Act 2000. The act was passed primarily to allow business on the net and to  authenticate electronic transactions. The criminal provisions of the act were limited and  primarily concerned unauthorized access to computers, computer-related fraud, and cyber  terrorism. The IT Act amendment of 2008 included additional provisions because people  were becoming increasingly aware of the threat of cyber attacks. It included provisions for  identity theft, cyber terrorism, and spreading obscene material on the internet. 

In spite of all these legislative initiatives, there were, however, broad loopholes in India’s  cybercrime legislation. The IT Act was a special law that supplemented the IPC, creating jurisdictional ambiguity and procedural complexity. amendments by integrating cybercrime  provisions into the primary criminal code rather than treating them as specialized offenses. 

Key Cybercrime Provisions in BNS 2023 

Organized Crime and Cyber Syndicates 

Section 111 of the BNS introduces organized crime as a distinct offense, specifically  including cyber-crimes committed on behalf of crime syndicates. This provision represents a  sophisticated understanding of how modern cybercriminal enterprises operate, moving  beyond the traditional conceptualization of crime as individual acts to recognize systematic,  coordinated criminal activities conducted through digital networks. 

The section defines organized crime as continuing unlawful activity carried out by an  individual or group for any person who is a member of an organized crime syndicate or on  behalf of such syndicate. This definition encompasses various forms of cybercriminal  activity, including distributed denial-of-service attacks coordinated by multiple actors,  sophisticated phishing campaigns operated by criminal networks, ransomware-as-a-service  operations, and coordinated social engineering attacks targeting financial institutions and  government agencies. 

Digital Evidence and Forensics Framework 

The BNS 2023 places unprecedented emphasis on digital evidence collection and forensic  procedures, reflecting recognition that contemporary criminal investigations increasingly  depend on technical evidence analysis. Section 349 significantly broadens the range of  forensic samples that can be collected under magisterial orders, including fingerprints, voice  samples, signatures, handwriting, and other biological samples. 

The legislation introduces detailed procedures for preserving digital evidence integrity,  recognizing that electronic evidence faces unique challenges including data volatility,  potential manipulation, and chain-of-custody complications. The BNS 2023 establishes  protocols for real-time evidence preservation, secure storage procedures, and forensic  imaging techniques designed to maintain evidential value throughout the investigation and  prosecution process. 

Advanced provisions address emerging challenges including cloud computing evidence  collection, encrypted device analysis, and social media investigation procedures. The legislation recognizes that modern digital evidence often exists across multiple platforms,  jurisdictions, and storage systems, requiring coordinated investigation approaches and  specialized technical capabilities. 

Enhanced Obscenity Provisions 

Section 294 concerns the transmission and publication of obscene material in any media  (including electronic), establishing punishment to include imprisonment and fines, with  increased penalties for repeated offending. This section represents a significant updating of  traditional obscenity laws, recognizing the unique difficulties surrounding digital content  distribution mechanisms. 

The section recognizes that digital platforms enable rapid, wide-scale distribution of obscene  content with minimal barriers to entry and significant challenges for content removal or  author identification. The legislation addresses various forms of digital obscenity including  non-consensual intimate imagery, deepfake pornography, child sexual abuse material, and  extremist content designed to promote violence or hatred. 

Enhanced Enforcement Mechanisms 

Advanced Investigative Procedures 

The BNS 2023 has shaped investigative procedures specifically for digital crimes with great  depth. The procedures are substantially different from ordinary investigation processes,  charged with the fact that a digital crime investigation involves unique technical knowledge,  advanced equipment, and new processes. 

As set forth in the legislation, the procedures define the methods for live digital forensics,  enabling law enforcement agencies to extract evidence from a working computer system, all  while not interfering with the potential revenue that computer may still be generating, all  without alerting to investigation activity. 

The law outlines specific procedures for live digital forensics, allowing law enforcement  agencies to gather evidence from a live computer system in a manner that does not hamper an  ongoing police operation or alert suspects to the investigative functions. Advanced provisions  cover cryptocurrency investigation procedures, recognizing that digital currencies  increasingly feature in cybercriminal activities including ransomware payments, money  laundering operations, and dark web marketplace transactions.

Jurisdictional Frameworks 

As jurisdictional confusion when the criminal actions cross state, country, or even platform  has been one of the toughest problems in cyber-crime prosecution, the BNS 2023 attempts to  set forth guidelines to enable clarity for establishing jurisdiction in digital offending,  indicating how the venue can be determined, and the protocols for inter-agency collaboration. 

The legislation recognizes that cybercrime jurisdiction involves complex considerations  including the location of criminal actors, victim impact, server hosting, and digital evidence  storage. Enhanced coordination mechanisms between central and state law enforcement  agencies ensure that cybercrime investigations can be conducted efficiently regardless of their  geographic scope or technical complexity. 

Implementation Challenges 

Technical Complexity and Knowledge Gaps 

The field of cybercrime investigation introduces uniquely technological challenges that are  much greater than those associated with traditional law enforcement. Even when the  effectiveness of the BNS 2023 is considered, it acknowledges that most of law enforcement  lacks the specialised technical knowledge to enable sophisticated digital investigations. This  knowledge gap does consider the required awareness of computer networking, knowledge of  encryption and cryptography technology, understanding of blockchain systems, awareness of  artificial intelligence applications, and routes of secured communications on mobile devices. 

To add to these issues, the rapidity of technological innovation exacerbates the challenges.  Criminal techniques evolve and diversify rapidly, while training and processes of law  enforcement agency can be slow to adjust and change. Encryption technologies present  particular challenges for cybercrime investigation, as criminals increasingly employ advanced  cryptographic methods to conceal their communications and activities. 

Resource Constraints 

Implementation of the BNS 2023’s cybercrime provisions faces significant resource  constraints, particularly in smaller cities and rural areas where police departments may lack  basic technological infrastructure, specialized equipment, and trained personnel. Many police  departments operate with outdated computer systems, limited internet connectivity, and insufficient technical support, making sophisticated cybercrime investigation practically  impossible. 

Specialized cybercrime investigation equipment requires substantial financial investments  that many law enforcement agencies cannot afford. Advanced forensic tools, secure  communication systems, and analytical software often cost hundreds of thousands or millions  of rupees, creating barriers for smaller departments. 

International Cooperation Requirements 

Modern cybercrime usually involves a cross-border element, meaning that responding  properly may require collaboration with a foreign law enforcement agency and/or an  international organization or private entity that operates across multiple jurisdictions. Each  country will use different forms of law, investigation procedures, and standards of evidence,  often producing challenges when there are essential coordinating investigations being taken  jointly internationally. 

Comparative Analysis with Global Standards 

The BNS 2023 should be assessed against recognized international frameworks such as the  Council of Europe Convention on Cybercrime (Budapest Convention). Although India is not  a Party to the Budapest Convention, it is clear that the BNS 2023 provides significant  consistency with the fundamental principles and procedure requirements of the Convention. 

The European Union’s comprehensive system of instruments regarding cybercrime, notably,  the Network and Information Security Directive, and the GDPR establishes sophisticated  frameworks to support the necessary balance between cybersecurity and privacy rights. The  BNS 2023 includes similar balancing mechanisms, but their ultimate weight depends on  implementation. 

Efficacy Assessment 

Strengths of the Legislation 

The BNS 2023 marks a paradigm shift in India’s legislative response to cybercrime,  showcasing an advanced understanding of contemporary digital threats, and how they  manifest themselves as criminal actions. The embedding of cybercrime provisions into the  substantive criminal code marks a fundamental departure from viewing digital offenses as  separate from violent crime, to conceiving them as a part of modern-day criminalology.

Secondly, the breadth of the BNS legislation on the collection of digital evidence and forensic  processes addresses a long-standing gap in the ability of India’s cybercrime investigators to  investigate large and complex digitized crime. The advancements in the level of  punishment/penalties for organized cybercrime reflect an advanced conceptualization of how  modern-day crime operates in digital networks. 

Room for Improvement 

Despite exhibiting a more progressive approach to cybercrime legislation, it has substantial  challenges ahead of it in implementation, which could limit its efficacy. Definitional  vagueness on important issues will lead to observation-based uncertainty, which in turn will  lead to inconsistency in enforcement and application. Resource poverty within law  enforcement communities is perhaps the greatest impediment to effective implementation. 

The legislation would have benefitted from greater, more prescribed account for the treatment  of emerging technologies (artificial intelligence, blockchain , quantum computing), in  particular the changing nature of crime associated with each of these emerging technologies.  In future implementation processes, it will also be critical to provide a proper balance  between addressing cybercrime factors, and protecting digital rights, and access to and  protection of digital privacy. 

Conclusion 

The Bharatiya Nyaya Sanhita 2023 represents a landmark development in India’s approach to  cybercrime and digital policing. By integrating comprehensive digital offense provisions into  the primary criminal code, the legislation demonstrates recognition of cybercrime as a central  rather than peripheral challenge for the criminal justice system. 

The BNS 2023’s emphasis on digital forensics, organized cybercrime, and enhanced evidence  collection procedures provides a solid foundation for addressing contemporary digital threats.  However, the legislation’s ultimate efficacy will depend on successful implementation,  including adequate resource allocation, personnel training, and technological infrastructure  development. 

While the BNS 2023 addresses many shortcomings of previous cybercrime legislation,  ongoing challenges include definitional ambiguities, resource constraints, and the need for  international cooperation. Future success will require continuous adaptation to technological  developments and careful balance between crime prevention and digital rights protection.

The BNS 2023 positions India to better address the evolving landscape of cybercrime, but its  true measure of success will be determined by its practical implementation and the criminal  justice system’s ability to effectively investigate, prosecute, and prevent digital offenses in the  years ahead. 

Reference(S):

Legislation

• Bharatiya Nyaya Sanhita 2023 (Act 45 of 2023) 
• Indian Penal Code 1860 
• Information Technology Act 2000 
• Information Technology (Amendment) Act 2008 
• Code of Criminal Procedure 1973 

Cases

• Shreya Singhal v Union of India (2015) 5 SCC 1 
• Anirudh Rastogi v Wipro Ltd (2016) SCC OnLine Del 5241 
• State of Tamil Nadu v Suhas Katti (2004) SCC OnLine Mad 709 

Books

• Karnika Seth, Computers, Internet and New Technology Laws (2nd edn, LexisNexis  2019) 
• Pavan Duggal, Cyberlaw: The Indian Perspective (4th edn, Saakshar Law  Publications 2016) 
• Roderic Broadhurst and others, Cybercrime and Digital Forensics: An Introduction (Routledge 2019) 
• Susan W Brenner, Cybercrime and the Law: Challenges, Issues, and Outcomes (Northeastern University Press 2012) 

Journal Articles

• Anup Surendranath, ‘Criminal Law Reform in India: Challenges and Opportunities’  (2024) 66 Journal of the Indian Law Institute 15 
• Divya Jyoti, ‘Digital Evidence and Criminal Procedure: Challenges in the Indian  Context’ (2023) 45 Delhi Law Review 89 
• Gurpreet Singh Lehal, ‘Cybercrime Investigation in India: Legal and Technical  Challenges’ (2023) 12 International Journal of Cyber Criminology 156 
• Manoj Kumar Sinha, ‘Organized Crime in Cyberspace: A Legal Analysis’ (2024) 58  Journal of Criminal Law 234 
• Neeraj Kishore Jha, ‘Digital Forensics and Evidence Collection: Indian Perspective’  (2023) 34 Computer Law & Security Review 445 
• Prashant Mali, ‘Evolution of Cybercrime Laws in India: From IT Act to BNS 2023’  (2024) 29 International Review of Law, Computers & Technology 178 
• Rakesh Kumar Dwivedi, ‘Jurisdictional Issues in Cybercrime: An Indian Analysis’  (2023) 67 Crime, Law and Social Change 567 
• Sanjay Kumar Jain, ‘Bharatiya Nyaya Sanhita 2023: A Paradigm Shift in Criminal  Law’ (2024) 41 Supreme Court Cases (Journal) 23  
• Suresh T Vishvanathan, ‘Digital Rights vs Cybercrime Prevention: Balancing Act in  BNS 2023’ (2024) 18 Indian Journal of Law and Technology 89 
• Talat Fatima, ‘International Cooperation in Cybercrime Investigation: Indian  Challenges’ (2023) 52 International Criminal Law Review 334 

Reports and Documents

• Law Commission of India, Report on Review of Criminal Law (Report No 279, 2018) 
• Ministry of Electronics and Information Technology, National Cyber Security  Strategy 2020 (Government of India 2020) 
• Ministry of Home Affairs, Annual Report on Implementation of Information  Technology Act (Government of India 2023) 
• National Crime Records Bureau, Crime in India 2023: Statistics (Ministry of Home  Affairs 2024)
• NITI Aayog, National Strategy for Artificial Intelligence (Government of India 2022) 
• Parliamentary Standing Committee on Home Affairs, Review of the Bharatiya Nyaya  Sanhita Bill 2023 (Rajya Sabha Secretariat 2023) 
• UNODC, Comprehensive Study on Cybercrime (United Nations Office on Drugs and  Crime 2023) 

Web Sources

• Council of Europe, ‘Convention on Cybercrime (Budapest Convention)’ (CoE Treaty  Office, 23 November 2001) https://www.coe.int/en/web/conventions/full-list/- /conventions/treaty/185 accessed 25 June 2025 
• Cyber Security Agency of Singapore, ‘Singapore Cybersecurity Strategy 2021’ (CSA  2021) https://www.csa.gov.sg/our-programmes/cybersecurity-strategy accessed 25  June 2025 
• European Union Agency for Cybersecurity, ‘ENISA Threat Landscape 2024’ (ENISA  2024) https://www.enisa.europa.eu/topics/threat-risk-management/threats-and-trends accessed 26 June 2025 
• Indian Computer Emergency Response Team, ‘Annual Report 2023-24’ (CERT-In  2024) https://www.cert-in.org.in/annual-reports accessed 26 June 2025 
• Internet & Mobile Association of India, ‘Digital India Report 2024’ (IAMAI 2024)  https://www.iamai.in/research/digital-india-report-2024 accessed 27 June 2025 
• PRS Legislative Research, ‘The Bharatiya Nyaya Sanhita, 2023’ (PRS 2024)  https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023 accessed 28 June 2025 

Newspapers and Online Sources

• Dhananjay Mahapatra, ‘New Criminal Laws Come Into Effect Today’ The Times of  India (New Delhi, 1 July 2024) https://timesofindia.indiatimes.com/india/new criminal-laws-come-into-effect-today/articleshow/111341234.cms accessed 29 June  2025 
• Express News Service, ‘Bharatiya Nyaya Sanhita 2023: Key Changes in Criminal  Law’ The Indian Express (New Delhi, 2 July 2024) 8
• Krishnadas Rajagopal, ‘Supreme Court on Digital Evidence Standards’ The Hindu (New Delhi, 15 June 2024) https://www.thehindu.com/news/national/supreme-court digital-evidence/article68288456.ece accessed 29 June 2025 
• Live Law News Network, ‘BNS 2023: Cybercrime Provisions Explained’ (Live Law, 5  July 2024) https://www.livelaw.in/law-firms/articles/bns-2023-cybercrime-provisions explained accessed 29 June 2025